Law Firm Blog

The June 14th derailment of the “Sandblaster” rollercoaster in Daytona Beach Boardwalk has once again raised awareness about the fallibility of large, complex machines like amusement attractions. Amusement attractions are offered in large, open spaces that are open to the general public. Of course, the typical understanding is that in payment for admission into the park, or dispensing tickets for a specific amusement, customers are treated to a safe, but entertaining ride experience.

That clearly did not happen at Daytona Beach Boardwalk where a mother and her co-worker were thrown from the derailed front car, and fell over 30 feet to the ground. The other passengers, meanwhile, had to be rescued with ladders from local firefighters called to the scene. The victims on the ground were immediately hospitalized. While it’s unclear what circumstances led to the derailing of the rollercoaster car, one thing is clear; it should not have happened under ordinary circumstances, and there are even safeguards in place that are specifically created to prevent this.

 
Mandatory Inspections
 

Any facility, whether it is a temporary fairground that moves around the state or country, or a permanent facility, such as the... ...read full post

Sometimes, it can take time for one branch of science to catch up with another branch of science, and when those two branches catch up, there may be some disagreement. This happened with a substance that is now banned for use in construction in the United States, known as asbestos. The name of this material may sound very familiar to you, as it was once commonly used. But there are good reasons why it was once a favored building material, and there are equally good reasons why it was ultimately banned.

 
An Architectural Bonus
 

Asbestos is a naturally occurring group of fibrous minerals that can be shaped weaved into other materials for use in construction. It has three primary properties that, for years, made it a material of choice in American building. The first was its flexibility; it was easy to integrate into other building materials, and its fibrous nature meant it could be shaped to whatever tasks were required.

It was also extremely flame resistant, which made it an excellent material to integrate into buildings in order to help maintain structural integrity, especially against fires. Where a... ...read full post

When you are making a personal injury claim, you don’t always need an attorney. In cases where you injuries are very minor, the legalities cut and dry, and the insurance companies are being cooperative, you may be able to handle the claim on your own. However, there are personal injury claims you never want to pursue alone. In these cases, you could lose everything without the help of an experienced attorney. Here are five personal injury claims you will always need an attorney to protect your interests:

 
Severe Injury
 

Insurance companies are in the business of making money. Even in cases when you are severely injured, they will do everything they can to undercut the full value of your claim. They will use a variety of tactics to trap you into a lower settlement than you deserve. In these cases, you need an experience attorney who can counter these tactics. An attorney who will provide of your injury, the associated costs, and will defend your right to a fair settlement.

 
Brain Injury
 

Traumatic Brain Injuries (TBI) are extremely... ...read full post

Usually when we talk about getting injured due to a slip and fall and talking to a personal injury lawyer about it, we’re referring to the indoors. This is especially true when it comes to public spaces, like grocery stores, or shopping malls. This is where the concept of premises liability comes into legal play. If a property owner allows others onto that property, either as visitors or customers, or to perform some other function with consent, such as delivering mail or packages, that property owner has a legal responsibility. That legal responsibility is to maintain a certain minimum standard of safety, and floor of a building is one of those standards.

This means that if there is a spill on the floor, which could easily lead to someone tripping, slipping or falling, the property owner must deal with the problem as quickly as possible. If the property owner fails to address the danger, any injury that results from it is the legal responsibility of that owner.

 
More Than Just Floors
 

However, it’s not only floors that have this legal responsibility. Any walking surface on the... ...read full post

It’s summer in Florida, and that means that many people will be taking advantage of both the free time and the hot weather to have some friend and/or family get-togethers in the swimming pool at home. This is an excellent time to remind home owners that while your swimming pool is your own, you do have a responsibility to make it a safe space. And while most people understand that this applies to guests who may visit, it also applies to strangers that you may not have invited. But how is that even legal?
It all depends on whether or not you respect your responsibilities as a pool owner with regards to premises liability.

 
Your Normal Obligations
 

Of course, when you have guests over, especially children, you know that it is important to make sure that the environment is safe. For example if you have a toddler that can’t swim, but are the only supervising adult present, then leave the child alone at the pool while you check on something that may be roasting in the oven, that’s negligence. You are responsible for maintaining a safe pool environment, and... ...read full post

When you are injured on the job it can be devastating, especially if your injuries are permanent. You may be worried about your financial future, your ability to provide for your family, and if your life can ever become normal again. Workers who are permanently injured are protected in the state of Florida with workers’ compensation. However, the laws around workers compensation are pretty complex and the claim values may be less than you think. If you are filing a claim for permanent disability, it’s important to understand how these laws will impact your financial security so you can plan for the future. Here is how Florida law applies to your claim’s value.

 
What Benefits Are Awarded In The State Of Florida?
 

The state of Florida offers a variety of benefits for workplace injuries through workers’ compensation. These include:

● Medical benefits
● Mileage benefits
● Vocational rehabilitation
● Income benefits

All of these benefits are determined by the specific circumstances of your injury.

 
How Does Florida Define “Permanent”?
 

In the state of Florida, permanent injuries are generally considered injuries that will last your lifetime. This can include but is not limited to “permanent... ...read full post

If you’ve been injured in an auto accident, you will face a lot of challenges. Beyond just the pain and suffering you are enduring, you’ll also have to deal with the insurance companies who will try to discredit your claims. You’ll have to prove fault, the existence of your injuries, and the value of your claim. During this stressful time, the best thing you can do is get an attorney. No matter what type of accident you are in, an attorney can help make sure your rights are protected and you receive the compensation you deserve. Here is how an attorney can help you will with six most common types of car crashes:

• Head-On Crashes: Head-on collisions are one of the most dangerous auto accidents and almost always lead to debilitating injury. Anytime you are severely injured in an auto accident you need an attorney. Insurance companies are in the business of making money and even in cases of severe injury, will try to undercut the value of your claim. An accident attorney will help you calculate the true value... ...read full post

A Traumatic Brain Injury (TBI) can change your life completely. TBIs can impair your ability to function and work a normal job. In some cases of TBI you may qualify for social security disability benefits.

 
What Is TBI?
 

TBI occurs when a person experiences a sudden blow to the head. This blow causes damages to the brain that can include bleeding, bruising, and swelling. TBI can be mild to severe. TBI can cause a loss of cognitive function such as:

● Memory loss
● Dizziness
● Fatigue
● Loss of fine motor skills
● Speech impairments
● Sleep disturbances
● Headaches
● Memory loss
● Difficulty focusing
● Depression
● Reduced thinking and reasoning skills

What makes TBI such a complex injury is often times these symptoms do not show up immediately after the injury. Sometimes it can take it can take months or years for these symptoms to develop. It is critical if you’ve sustained a head injury that you see a medical professional who can diagnose, treat, and monitor your injury.

 
TBI And Social Security Disability
 

In 2016, the Social Security Administration considers TBI a disability under listing 11.18 and listing 12.02. These listings mean that if you have a... ...read full post

If you’ve lost a loved one through the negligent actions of another party, it can be devastating. Your family and your loved one deserves justice. Though no amount of money will ever make up for the loss of their life, a settlement for wrongful death can help reduce the burden of the loss. It can help make sure everything from funeral costs to your family’s future financial stability are covered.

 
What Is Wrongful Death?
 

Wrongful death is the legal term for when someone has lost their life as the result of another’s negligent or wrongful acts. In the state of Florida, wrongful death is defined by legal code 768.18 “The Wrongful Death Act”. The legal code also defines the right to action, who can file a wrongful death claim, damages that can be awarded, and the statute of limitations for wrongful death claims. Wrongful death is a civil claim and can be filed alongside a criminal case.

 
Who Can File A Wrongful Death Claim In The State Of Florida?
 

Florida law allows a personal representative of the deceased person’s estate to file a wrongful death... ...read full post

After a car accident, there will be a lot of paperwork you need to gather to prove any damages. When you pursue compensation for your losses, your award will be determined by your ability to prove your claims. This requires evidence of the accident, your injuries, and the connection between the two. The best evidence is documentation of all the events following the accident from medical visits to lost income to vehicle damage. Here is a list of the documents that you should gather after your car accident so you can prove your damages.

Police Report: No matter the circumstances of your accident, you should always call the police. The police will help document the accident in an official record. This record will include important details that can help you prove your claim including:

● Proof the accident occurred
● Potential causes of the accident
● Whether or not any traffic laws were violated
● Witness testimonies

To obtain the police report, you will need to contact the law enforcement agency and provide your name and the name(s) of the other driver(s), the date of the accident, and if possible, the badge number... ...read full post

When you are injured on the job, your whole life can change. Beyond the pain and suffering of your injuries, you may be unable to work and pay your bills. You may not be able to enjoy your usual activities or spend quality time with your family. In the state of Florida, workers are protected in times of workplace caused injury with workers' compensation. However, the laws are very complex on the matter and there are limits to the financial payout. If you are filing a workers' compensation claim for a temporary disability, it’s important that you understand how these state laws will affect the value of your claim.

 
Workers' Compensation Benefits Available In The State Of Florida
 

Depending on the circumstances of your claim, there are a variety of benefits you may qualify for when you are injured:

● Medical benefits for all medical treatments related to the injury as authorized
● Mileage benefits covering the cost of travel to and from a doctor’s office
● Vocational rehabilitation including job training, education, and counseling if the injuries are so severe you cannot return to your job

Workers' compensation also covers your lost income... ...read full post

Ridingsharing apps like Uber and Lyft have become extremely popular, especially in Florida with our high volume of tourists. They are incredibly easy-to-use, cost effective, and for the most part, completely safe. However, no matter what vehicle you are traveling in, accidents can happen. If you are in an accident in a Lyft or Uber and are injured, what happens? Who is liable for your injuries?

 
Common Carrier Laws And Ridesharing Apps
 

Most transportation carriers including bus companies, taxis, and limousines are defined as “common carriers”. With this definition they have a higher legal obligation to protect the safety of their passengers. If you are injured while in the care of a common carrier, they are solely responsible for your injuries. When Lyft and Uber were first starter, because they by all definitions would fall under common carriers, states assumed these rules would apply. However, the companies argued they are not common carriers and that the liability for accidents should fall on the individual drivers.

 
Florida Law And Ridesharing Apps
 

Since Uber and Lyft fell in a grey area, Florida legislators introduced a bill... ...read full post

Florida has 1,350 miles of coastline. It is the ideal location for enjoying the open water on a boat. People regularly visit the state to fish, water ski, or experience other recreational activities. However, with so many vessels present, accidents are becoming more common. Research by the American Boating Association revealed 4,463 incidents occurred across the United States in 2016 alone. The events led to 701 deaths and 2,903 injuries. Plus, the boating accidents caused approximately 49-million dollars in property damage.

There are nearly 900,000 registered vessels in Florida, so it is easy to see how a day of fun in the sun can turn into a nightmare. Most people understand the dangers of auto accidents, but not everyone realizes the risks on the water. While broken bones, lacerations, and other things can arise from boating accidents, people can also become ejected from the watercraft. When a person lands in the ocean, they face problems like hypothermia, drowning, or even becoming struck by another boat.

The top culprits that cause these incidents include skier mishaps, collisions with... ...read full post

Florida has two big geographical advantages going for it that make it the most popular state in the country for boating enthusiasts. The first is that the majority of the state is surrounded by the sea, so there are plenty of opportunities—and docks—to get into the water. The second is that the geography of Florida also means warm weather throughout the year, making it the perfect place to maximize just how much boating you get in, all year long.

And while it’s true that a boat is a different sort of vehicle, and that traffic law and nautical law have some dif-ferent conventions, there’s one thing that the law is firm on regardless of being ashore or afloat. Being under the influence is illegal.

 
It’s The Law
 

In the same way that a driver can be charged with DUI, or driving under the influence of alcohol, the same thing exists in the marine environment, only now it is called BUI, or boating under the influence. Unfortunately, due to the mostly leisure nature of the vast majority of boats in Florida waters, BUI is not a tiny, isolated legal infrac-tion. As... ...read full post

Many people operate motor vehicles without a care in the world. They forget that cars, trucks, and SUVs can be dangerous, especially when drivers get distracted or act negligently. Research by the CDC shows that there were more than 32,000 car crash deaths in 2013 alone. Loss of life is not the only unfortunate side effect of auto accidents either. Drivers, passengers, and even pedestrians can sustain injuries from these incidents. Damages often include...

• Partial Or Full Paralysis
• Burns, Cuts, And Bruises
• Brain Injuries
• Fractured And Broken Bones

As if the pain and suffering were not enough after an auto accident, money woes also become an issue. On many occasions, the injured party cannot work due to the wounds, which makes paying for things like rent, groceries, and lights nearly impossible. Plus, recovering from car crash damages is not cheap. Victims regularly have to pay for doctors appointments, emergency room visits, physical therapist meetings, and prescriptions.

Don't just accept these expenses, particularly if another driver is to blame for the injuries. Hire an auto accident lawyer to fight with your best interests... ...read full post

There’s no way to prepare for every single unexpected situation on the road. You can’t predict where lightning will strike, nor can you account for the actions of every other driver on the road. What you can do, however, is take as many reasonable preparations as you can, to ensure that you drive as safely and defensively as you can. This is no guarantee of 100% safety, of course, but it does put you in a position to have more time to re-act, and more options to choose from when the unexpected does occur. Let’s take a look at some the more important safety measures you should be taking when you take to Florida’s roads during another great summer season.

 
Follow The Weather Reports
 

Florida, being in the unique geographical position it is in the USA, gets directly hit by more hurricanes than any other state in the country. The very nature of a hurricane makes it dangerous and unpredictable, which is why staying informed about developing weather conditions is essential. Once hurricane warnings start being made, take heed and consider not driving if you have the option.

If you’re already on... ...read full post

One thing that residents of Florida have to learn very quickly is that this is a state that can come down hard on people that are trying to offer help. As sad as it may be, in most situations in Florida where you see someone is in need of assistance, the best thing to do is NOT help. There is absolutely no legal ramification in Florida for not rendering aid, and in at least one case last year, a group of Florida teens watched a person drowning, laughed at the person and even filmed it, and with zero legal consequences.

On the other hand, deciding to help a person in need opens up the rescuers to legal liability. In other words, the decision to help may, if the victim decides on it, leave that rescuer open to being sued. Trying to remove someone from a car mangled in an accident, for example, and actually causing more injuries in the attempt can mean the person just rescued can successfully take that rescuer to court for negligence.

So does this mean that whenever a Floridian sees someone else in danger... ...read full post

Most of the time when we talk about negligence that can result in injury, especially when it comes to children, we usually place the blame on something that an adult isn’t doing, such as carefully monitoring a swimming pool while children are playing. Or forgetting about gun accessibility, leading to a discharge in the home. Or even just not paying attention to the road because something on the phone was more interesting than whatever was on the road itself.

But there’s one area where negligence can come from what an adult does, and that is leaving children—or even pets—in a car during the summer. Sometimes this can lead to serious illness, and other times, tragically, it can lead to death.

 
The Florida Danger
 

Everyone makes mistakes, and sometimes an act of carelessness can result in inconveniences, such as forget-ting to put the lid on a cooler and letting the ice keeping the drinks cool melt. But other times, negligent mo-ments can lead to injury, and sometimes even death. Heatstroke is not something that is normally associated with an act of carelessness, but in Florida, that is very much... ...read full post