Articles Tagged with Broward injury lawyer

Construction sites are among the most dangerous workplaces in Florida. Those on-the-job work from heights, dodge moving objects, face the threat of slips, trips and falls, toil down in the trenches and encounter hazardous chemicals, toxic materials and live electricity. Fort Lauderdale personal injury lawyer

But it is ever possible for a worker injured in a construction accident to sue? The answer is yes, it’s possible, though as our Fort Lauderdale personal injury lawyers can explain, it’s usually a third-party liability lawsuit rather than a direct lawsuit against one’s employer. The reason for this has to do with Florida’s workers’ compensation laws. Specifically, F.S. 440.11 holds that workers’ compensation is the exclusive remedy of injury claims by an employee against an employer UNLESS:

  • The worker is not actually the company’s employee.
  • The employer committed an intentional tort that caused the injury or death of an employee (deliberately intending to injure the employee or engaging in conduct that, based on prior similar accidents or explicit warnings, they knew was virtually certain to result in injury/death to the employee and the employee didn’t know about the risk).
  • The employer didn’t secure workers’ compensation insurance, as they were required by law.

It is very tough to prove employers in construction site accidents committed an intentional tort. Most claims stem from the other two exceptions. Continue reading

The estate of an elderly, incapacitated woman who was sexually assaulted by a nursing assistant in an alleged case of nursing home abuse will have to take its case back to trial after a state supreme court reversed a $1.7 million award for damages and ordered the case retried.injury lawyer

Central to the decision to retry the case was the fact the trial court removed the question of whether the nursing home aide who reportedly raped the woman was acting in the course and scope of employment.

As Broward nursing home injury attorneys can explain, skilled nursing facilities can be held vicariously liable for the negligence and even intentional misconduct/criminal acts of employees – but only if they were acting in the course and scope of employment. This is known as the doctrine of respondeat superior, Latin for “let the master answer.”

In many cases wherein a plaintiff seeks to hold a company accountable for damages inflicted by a worker, key issues will include:

  • Whether the worker was an employee or an independent contractor (respondeat superior doesn’t apply where the worker is an independent contractor);
  • Whether the worker’s actions occurred in the course and/or arose from the scope of his/her employment.

Employers can also be held directly liable under theories like negligent hiring, negligent retention and negligent supervision. Continue reading

Last Memorial Day, a six-year-old child lived through a terrifying ordeal on Fort Lauderdale Beach Park when the bounce house she and two others were in took flight and sailed at least 20 feet before dropping hard to the ground. bouncehouse

Now, she girl has filed a personal injury lawsuit in Fort Lauderdale, accusing both the vendor and the city of negligence. The inflatable structure had been affixed to a basketball court at the park and three children were inside when a tornado reportedly swept through and picked up the structure.

A recorded cell phone video of the incident shows the horror of those involved as the structure was lifted off the ground. Screams can be heard on the jostling video. The little girl inside, now the plaintiff, would later tell reporters she was thinking, “I was about to die.” She suffered a head injury, was admitted to the Broward Health Medical Center and treated overnight.

In addition to the City of Fort Lauderdale, vendor All Star Events, based in Miami Lakes, is named as a defendant.  Continue reading

There are over 20,000 car accidents in Florida every year. Preliminary counts of South Florida traffic deaths in 2015 suggest a sharp increase. In Palm Beach County, for example, The Florida Department of Highway Safety and Motor Vehicles counted a 29 percent increase in the first six months of the years to the first six months of 2014 – 102 deaths versus 79 deaths. Motor vehicle fatalities in Florida were also up 29 percent and nationally, up 14 percent. traffic8

There is of course the growing element of distraction now that most every driver has access to their own person computer at all times via their smart phone. But there is something else going on, researchers say.

We are now at the tail end of what has been one of the longest roads to economic recovery since the end of WW II. The labor market has improved. Unemployment is down. So are gas prices. This has meant people have more money in their pocket. More freedom to take a trip. More incentive to take a private vehicle rather than opt for public transportation or bicycling. In turn, there are more vehicles on the road and a higher likelihood of traffic deaths. Continue reading

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