personal injury lawyer

April 22, 2017

Study: Baby Injured Every 8 Minutes in Product-Related Accidents

Almost every parent views their very top priority to be keeping their children safe. This is especially true in their first few years of life.

But now a new study published in the journal Pediatrics reveals a child under the age of three is injured every eight minutes in the U.S. due to accidents stemming from products. Researchers gleaned information from the National Electronic Injury Surveillance System from 1991 through 2011. Over this 21-year period, there was initially a substantial drop in injuries of about 34 percent from 1991 to 2003, attributed largely to the sharp drop in baby walker/ jumper/ exerciser injuries. A number of these products were taken off the shelves and parents began to learn more about the dangers. However, this period of declining child product injuries was followed by a dramatic upswing from 2003 to 2011 of 24 percent. Most of these new cases were classified as closed head injuries and concussions.

In trying to determine the most dangerous products that require closer attention, researchers found the products that caused the most problems for young children to be:

Baby carriers – 20 percent
Cribs and mattresses – 19 percent
Strollers and carriages – 17 percent
Baby walkers/ jumpers/ exercisers – 16 percent

April 7, 2017

Slip-and-Fall Injury Case Reconsidered for Open Obvious Doctrine

By Ansara Law Personal Injury Attorneys

A slip-and-fall injury lawsuit out of Kentucky has just made its second trip to the state supreme court, with justices ruling the appeals court failed to consider the state’s “recent attempts to modernize” the open and obvious doctrine. Specifically, the state high court has issued a series of rulings in recent years that align with a newer philosophy on the doctrine that considers comparative negligence.

The case is illustrative of the fact that the law, while often viewed as concrete and unyielding, is actually fluid and constantly evolving. Your personal injury attorney must be abreast of all these developments. And while the Kentucky Supreme Court decision doesn’t directly impact those in Florida, it’s important to note that state high courts often review the decisions of their sister courts when considering similar issues.

To understand this ruling, we must first outline the two key legal theories at issue: The Open and Obvious Doctrine and Comparative Negligence. Continue reading

March 19, 2017

Injury Claims Against the Government Raise Challenges

By Ansara Law Personal Injury Attorneys

In Florida, as in all states, if you are injured as a result of negligence by a government employee or agency, claims for compensation are going to follow a different set of rules, at least early on in the process.

F.S. 768.28 is the state’s waiver of sovereign immunity law, outlining the various scenarios under which the state will agree to be sued. The state does set a number of limitations and guidelines. For example, a government worker can’t personally be held liable for harm unless they intentionally caused it. Damages against the government are capped at $200,000 for individuals and $300,000 for multiple parties harmed by the same action. Punitive damages and interest can’t be awarded, and there are other limitations if defendant in such a case is a public health agency (including a hospital) or law enforcement agency.

There is a also a special provision dealing with time limits. If you are injured by the state government, you have to file a notice of claim with that particular agency, and only after that claim has been rejected can you file your lawsuit. You must give the state agency at least 180 days to respond, and all this has to happen within the three-year window for personal injury cases and the two-year window for wrongful death lawsuits. Continue reading

March 14, 2017

Report: Nursing Home Residents Highly Vulnerable to Sex Abuse

By Ansara Law Personal Injury Attorneys

Sexual assault in nursing homes is an undoubtedly disturbing occurrence. According to a recent investigation by CNN, it’s also a more prevalent one than previously realized.

As part of an in-depth investigation into the problem, reporters discovered there were 16,000 complaints of sexual abuse in long-term care facilities (nursing homes and assisted living centers) since 2000. That was according to data from the U.S. Administration on Community Living. However, even those officials noted that number doesn’t reflect the true scope of the problem because it only includes cases that involved the respective state’s long-term care ombudsman.

When CNN queried state health departments and other agencies that regulate long-term care facilities in all 50 states, they first discovered not all could provide data on sexual abuse of residents. Of those that could, the responses varied significantly. Continue reading

March 10, 2017

Pursuing Third Party Liability After Construction Accident

By Ansara Law Personal Injury Attorneys

When a worker is injured in a Fort Lauderdale construction accident, there are a number of possible avenues of compensation. The first, of course, is workers’ compensation, which is a no-fault insurance benefit afforded to almost all employees in Florida. Exclusive remedy provisions of the state’s workers’ compensation law hold that this benefit is the only compensation a worker can obtain against an employer. However, it does not prohibit third-party liability lawsuits against others who may have been negligent.

But in order to avoid liability, particularly after an accident that resulted in serious injury or death, a company may try to assert “employer” status, which would grant immunity from a personal injury or wrongful death lawsuit. One way this might be asserted is via the Borrowed Servant Doctrine. This is more common following accidents on construction sites, where it is not uncommon for one employer to “loan” employees to another temporarily.

It’s common for a construction site subcontractor to loan out workers to another to ensure a particular job gets completed. If that “loaned” worker is hurt on the job, the question becomes: Which employer is entitled to workers’ compensation immunity? Unfortunately in some cases, the answer could be: Both. Continue reading

March 7, 2017

Property Owner Liability for Dangerous Road Conditions

By Ansara Law Personal Injury Attorneys

The New York Court of Appeals recently considered a case wherein plaintiff alleged injuries sustained as a result of a poorly-maintained, diseased tree was the responsibility of both the property owner and the state. According to court records, plaintiff suffered serious personal injuries when a large branch broke off that tree, which abutted the road, and fell onto her Jeep. The impact caused her to suffer traumatic brain injuries.

Plaintiff and her spouse sued both the property owner and the state. Against the property owner, plaintiffs alleged there was negligence in the failure to inspect, trim and remove the dead/ diseased tree. As far as the state, plaintiff alleged negligence by Department of Transportation workers for a failure to properly maintain trees along that road or warn drivers of the dangerous along that highway.

Defendant property owner asked to be allowed to introduce trial evidence of the state’s alleged negligence, and also requested a jury instruction on the apportionment of liability for damages between property owner and the state. Plaintiff indicated that while there was nothing preventing the jury from hearing trial evidence tending to show the state was possibly liable for her injuries, but she objected insofar as the jury should not be allowed to apportion fault against the state. (The state could not be ultimately joined in this action because sovereign immunity laws prevented her from prevailing in such action.) Continue reading

February 28, 2017

Arbitration Agreements in Medical Malpractice Agreements Against Public Policy

By Ansara Law Personal Injury Attorneys

Recently, the North Carolina Supreme Court took on the issue of whether an arbitration agreement can be enforced in a medical contract. In a 4-2 decision, the court ruled plaintiff patient and his wife don’t need to go to private arbitration with the doctor and surgical practice for permanent injuries plaintiff suffered when defendant doctor performed surgery on him eight years ago.

Plaintiff went to the doctor for repair of a hernia. When he made his first appointment with the surgeon, he was handed a huge stack of paperwork to sign, which defendant doctor’s office routinely presents to new patients, along with other documents, prior to the first time the doctor meets with the patient. Included in that stack of papers was a legal document, known as an arbitration agreement, in which plaintiff signed away his right to have any future disputes with the doctor – including those pertaining to medical malpractice – resolved by a court of law. Instead, any disputes would be handled through a private arbitration firm.

This practice has become increasingly common, and the Florida Supreme Court encountered this very issue with regard to medical malpractice claims in a 2013 case – and reached a very similar conclusion. Continue reading

February 23, 2017

Trip-and-Fall Injury Settlement for $1.5M in Favor of Personal Chef

By Ansara Law Personal Injury Attorneys

A personal chef who sustained severe personal injuries following a trip-and-fall while at work in a private home was awarded $1.5 million in damages as part of a settlement agreement in exchange for voluntarily dismissing his claim in court.

According to the Greenwich Time, the settlement was reached between the chef and the remodeling company, which allegedly laid down a dangerous plastic runner on a set of stairs in the rear of the kitchen. The remodeling firm was contracting with the homeowner to carry out a series of residential renovations.

This settlement was important for the worker because in Connecticut, similar to in Florida, homeowner do not have to purchase workers’ compensation coverage for domestic workers they hire. The exemption laid out in F.S. 440.02(15)(c)1 specifies that domestic servants in private homes are exempt from the definition of “employment.” But homeowners who choose not to buy workers’ compensation insurance for housekeepers, personal chefs, nannies and others may find they are personally liable for injuries suffered by these workers on their properties. Granted, the worker would have to prove negligence on the part of the homeowner (something they don’t have to do in typical workers’ compensation claims), but if that worker prevails, he or she will be able to collect all of their lost wages (as opposed to just a portion), all medical bills and compensation for pain and suffering, emotional distress and loss of consortium. These payouts would most likely be made through the homeowner’s insurance policy. Continue reading

January 3, 2017

Kaplan v. Dutra – Protecting Debtor’s Personal Injury Claims in Bankruptcy

By Ansara Law Personal Injury Attorneys

Personal bankruptcy filings have been declining in recent years – which is an indicator of national recovery. But there were still 3,440 filed in Florida just in January 2016. Such filing are popular in the first month of the year, when consumers begin to carefully assess their finances after the holidays. Bankruptcy, of course, should be the last and final option for anyone facing financial hardship, as so many personal injury victims do after suffering from severe injuries.

In most situations, people who have obtained a favorable judgment for that personal injury are allowed to claim an exemption to be able to retain those damages, instead of having to dole it out to creditors. However, there could be some variation of this from state-to-state.

In Florida, you can keep the money you get (or will get) as a result of a lawsuit or settlement award – if that money is exempt under state and/or federal statutes. Florida’s personal injury exemption is listed in F.S. 769.05, which protects settlements or awards received if you are injured in a hazardous occupation. The law also allows you to keep up to $1,000 of your own personal property, up to $1,000 of a lawsuit or settlement and up to $4,000 of personal property (which includes a lawsuit or settlement award). Keep in mind that if you have commingled your funds, you may potentially lose your settlement or jury award. A bankruptcy attorney can help you sort this all out, but if you are considering bankruptcy prior to filling a personal injury lawsuit, you may want to discuss this with your injury lawyer to make sure you’ll be able to keep whatever you win. Continue reading

December 21, 2016

Pressure on Wal-Mart to Curb Crime, Keep Shoppers Safe From Injury

By Ansara Law Personal Injury Attorneys

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.

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