Articles Tagged with Fort Lauderdale personal injury lawyer

A $19 million damage award for the widow of a fatal railroad car accident victim was affirmed in Missouri, finding the circuit court didn’t err when finding the railroad company 95 percent liable for failure to trim vegetation surrounding the railroad tracks. car accident attorney

The appeal from the railroad company stemmed from the argument a new trial was warranted due to an alleged error by the trial court of not granting a motion for a new trial based on the intentional nondisclosures of prior car accident litigation by a juror. Ultimately, the state supreme court determined that defense attorneys could have discovered the juror’s litigation history had they re-ran her name through a standard background search once they became aware (at the juror’s notification) that her name was misspelled by the clerk of courts.

The case is worth noting for the fact that this is one of those errors that could potentially happen to either attorney in this case, and there are so many technicalities can impact the outcome. That’s why it’s so important to have an eagle-eyed personal injury attorney in Fort Lauderdale working on your behalf. Continue reading

People shopping for the holidays – or really any time – have an expectation that they’ll be reasonably safe when they go to the store. That means the boxes will be safely stacked, spills will be cleaned up and the walkways cleared of debris or other hazards. It also means that businesses take care to avoid creating a condition that would invite violent crime on customers. grocerystore

Failure to provide adequate security – whether in the form of armed guards or staff or lighting – is a form of premises liability. That means if you suffer a violent attack while at a shopping center, the store could be responsible to pay you damages. There is no one-size-fits-all when it comes to security, though, and that’s where these cases can get tricky. One of the ways that plaintiffs can prove the store knew or should have known about the risk is by showing a pattern of similar activity in the recent past either on site or nearby or at similar kinds of stores. 

Recently, there has been scrutiny on one of the largest retailers in the country to address ongoing problems with crime at it stores that have drained law enforcement resources, bled into neighboring communities and jeopardized the safety of customers. Bloomberg recently chronicled the issue. This time, it’s labor activists pushing for action from the corporation. Specifically, the labor groups want the retailer to improve security in its stores and in its parking lots nationwide. Continue reading

Families of loved ones who suffer from disabilities face many difficult decisions regarding their care throughout their lives. If they are unable to live on their own unassisted and can’t be cared for by a relative, arrangements must be made for them to reside in a setting that can best fit their daily needs. In many cases, that is a group home. However, as our injury lawyers have seen in cases past, these centers may not be fully equipped or their staffers properly trained in providing the best care and services. wheelchair

Recently in Oklahoma, the operator of a group home was found mostly to blame for the wrongful death an adult resident who died of pneumonia in the spring of 2014, shortly after he was relocated to the home. The relocation occurred because the Oklahoma Department of Human Services voted to close his previous residence rather than investing in building repairs. That meant families were forced to find other suitable arrangements, and many worried there weren’t enough facilities in the area equipped to safely care for individuals with such needs. Attorneys for decedent’s estate argued soon after his arrival at defendant’s facility, he was not properly fed, medicated or supervised.

A lawsuit had been filed against the state, alleging 18 former patients of the first group home died suddenly after being forced to leave and find other sources of full-time care. A jury found the state wasn’t negligent. However, the same can’t be said of the administrators who ran the group home or even the doctors and nurses who provided his care.  Continue reading

Increasingly, anyone who engages in an activity with the slightest risk is being asked to sign a waiver of liability. Many people barely read the language and hardly understand what rights they are signing away. The fact is, they are forgoing the right to take legal action against the owner/organizer/manufacturer – even in the event that negligence on the part of those entities resulted in a personal injury. splash

But even with the presence of a valid waiver (and not all of them are valid, for a myriad of reasons), not even the most careful language in such a contract can sign away rights to legal action for gross negligence. This is a step above and beyond simple negligence, which is merely the absence of reasonable care. Gross negligence is the voluntary and conscious disregard for the need to use reasonable care.

A recent case out of New Jersey, Steinberg v. Sahara Sam’s, illustrates how evidence of gross negligence can help injured victims fight for compensation, despite the presence of a waiver. The case was recently considered by the New Jersey Supreme Court. Continue reading

In Florida, dog owners are liable for the injury or damages their animals cause, regardless of whether they the dog was formerly declared vicious or whether the owner knew about such viciousness. Per F.S. 767.04, negligence on the part of the person who is bitten or injured that contributed to the injury will play a role in reducing the dog owner’s liability, but it won’t eliminate it. dog5

Dog bite and dog injury cases make up a substantial part of homeowner insurance claims and payouts. According to the American Pet Products Association, some 78 million dogs are owned in the U.S. Last year, there were approximately 4.5 million people bitten by dogs, according to the Centers for Disease Control and Prevention (CDC) and of those, about 885,000 required medical care. Dog bites and other dog-related injuries accounted last year for a third of all homeowner insurance liability claim dollars paid out, totaling some $570 million. On average, dog bite and dog injury claims are given about $37,200, which is a slight uptick from years’ past.

The recent case of Am. Family Mut. Ins. v. Williams did not involve a bite, but did allege a dog-related injury for which plaintiff sought coverage from the dog owner’s homeowner insurance policy.  Continue reading

A huge spring break party in Plantation that involved a residential home packed with 400 people ended tragically in gunfire, the death of one man and the serious injury of four others.party1

The Sun-Sentinel reports the body of Serge Pierre Dumas, 28, was later located inside by authorities, who combed the five-bedroom, two-story property shortly after receiving complaints about noise and parking. As the officers were standing outside, shortly before midnight, gunfire rang out. In addition to the one decedent, three women and one man were transported to Fort Lauderdale’s Broward Medical Center with gunshot wounds.

The shooter, who has not yet been identified, allegedly escaped as people started pouring out of the house.  Continue reading

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