Articles Tagged with florida personal injury lawyer

blue and vibrant swimming poolside

In the State of Florida and across the nation, one of the leading causes of death for small children, and especially toddlers, is drowning. In Florida, there are private residential swimming pools, public swimming pools, and hotel/motel/resort swimming pools in just about every community. It is important for property owners, business owners, home owners, and government entity to properly safeguard the swimming pool and aquatic area for the protection of children. It is well known and expected that a child, especially one of tender years, under the age of 5 years old, to be curious and inquisitive about interesting areas and what is deemed under Florida Law to be an “attractive nuisance.”

Unfortunately and tragically, there are reports of drowning incidents every summer, spring and the rest of the year in Florida. Many such incidents are preventable with the proper implementation and maintenance of swimming pool fences and barriers, swimming pool alarms, proper adult supervision, proper lifesaving equipment, and the posting of trained and attentive life guards when appropriate. When a child suffers personal injury or dies as a result of a drowning incident there may be a case or claim to pursue on behalf of the child and the family. To establish a legal claim r case, there must be proof and evidence of the following four elements:

1. Duty;

Boat Silhouette.001Florida is well known for its waterways, oceans, lakes, canals, rivers, coasts, and other aquatic areas. With a flurry of boating activity year round and more so over the summer, Florida is also the location or site for boating accidents causing personal injuries to children, teens, adults, and seniors. Florida has laws in place that cover the use and operation of a boat or vessel. Just because a boat owner / operator is out on the water, there is no freedom per se to act negligently, carelessly, or recklessly just because you are off the land and seem to be away from civilization.   Section 327.33, Florida Statutes provides as follows:
It is unlawful to operate a vessel in a reckless manner. A person is guilty of reckless operation of a vessel who operates any vessel, or manipulates any water skis, aqua plane, or similar decide, in willful or wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or likely to endanger, life or limb, or damage the property of, or injury any person.
Florida law under Section 327.33, Florida Statutes further provides that:

 No Swimming.001During the past week, I have lectured and written on the issue of negligence, child injuries, and the unfortunate and tragic incident that took place at the Walt Disney World Resort – Orlando where a 2 year old child was attacked and ultimately drowned by an alligator.  It has been reported that there were “No Swimming” signs posted in or near the area.  Some people, who I have spoken to, believe that this fact should then be a bar to recovery if there is a claim or case pursued by the parents of the child who died.  Florida is a state that has adopted a Comparative Fault system for the pursuit and trial of personal injury cases.  In other words, even if an injury victim is comparatively or partially at fault, there can still be a case pursued on behalf of the injury victim and / or the injury victim’s family.   It should also be noted that there are some special laws in place in Florida when a child is injured.  For instance, in the State of Florida, a child under the age of 6 years old cannot be held liable, responsible, or partially at fault as a matter of law.  As such, a 2 year old cannot be comparatively at fault as a matter of law even though there were “No Swimming” signs that were posted.  However, a parent, as a third party of sorts, can be held liable, responsible, or partially at fault if the parent’s actions or inactions contributed in whole or part to the situation or incident taking place.
As for the Disney alligator attack, it has been reported that there were “No Swimming” signs posted.  The family of the 2 year old were from Nebraska and may not have been aware of the presence of alligators throughout the State of Florida in its rivers, lakes, canals, ponds, and lagoons.  Furthermore, the sign read “No Swimming”.   The reason for the posting of the sign could have included any of the following:
*There was no regular lifeguard in the area.

Bicycle Injury Rider.001In every community, there are cyclists and bicyclists of all types and ages.  It is important for drivers to slow down any time a cyclist is on or near the roadway.  Let’s face it.  A bicyclist, even an experienced one, is no match for a vehicle that crashes into or cuts off the bicyclist.  The result of such an incident or crash can be devastating and tragically ends of the life of far too many bicyclist.  Many bicycle accidents are preventable with safer and more attention driving.   Drivers should slow down and be respectful of bicyclists and cyclists.  Many injured cyclists are children who lack the safety awareness and motor skills to avoid impact with a vehicle that is heading straight for the bicyclist or cuts off the bicyclist.
This leads to a question that is common in bicycle accident cases.  What the value of a bicycle accident case?  While this may seem like a simple question, there is no simple answer to such an question. There are a variety of factors that are considered when properly evaluating a bicycle accident case.  For instance, the value of a case depends in part of the seriousness of the injuries.  An abrasion to the shin that heals in a weeks is evaluated much differently that a fractured leg that requires surgery.  Another factor to consider involves the amount and type of automobile insurance coverage in place.  Let’s say that a cyclist is hit by a vehicle through no fault of the cyclist.  The cyclist was wearing a bicycle helmet but still suffered a traumatic brain injury (TBI) that required 1 year of treatment and the bicyclist now has ongoing headaches, memory problems, and cognitive problems.  One would think that this case has a significant value.  Let’s assume that the at-fault driver had $1,000,000 (One Million Dollars) in insurance coverage.  Then, yes, the case would have significant value and there is a good amount of insurance to cover the injuries.  One could even argue that the injuries exceed $1,000,000 (One Million Dollars).  For most injured bicyclists, the amount of automobile insurance coverage is much less than $1,000,000.  Let’s say that there is $25,000 in coverage.  Let’s further say that the case has a value from an injury standpoint of $750,000.  Even though the injuries are quite significant from a medical and value standpoint, the case may utimately be resolved (for practical reasons) for the Inusrance policy limits of $25,000.
Before making any decisions as to the settlement or a resolution of a case, the injured cyclist and his or her family should have an experienced Florida Personal Injury to evaluate the case and to provide advice, guidance, and legal representation.

Vehicle - Red Van - Child Safety.001When the outside temperature gets into the triple digits (100 degrees plus), it is clear that a child left in a “hot car” is at risk for serious medical problems and complications.  Even temperature lower than the triple digits can lead to serious permanent injuries,  it can only take a matter of minutes for the heat in a vehicle to get to a level that can put a child at risk for dehydration, hypothermia, and other complications.  We live in a fast paced world filled with distractions and tasks that keep us busy all day long.  In the hustle and bustle of the world that we live in, a child can be left behind in a hot vehicle, bus, or van by a parent, family member, family friend, day care center, summer camp, or school.   It is clear that 5 minutes of running into a store can turn into 15 minutes if you take a call or see a friend.  These minutes can be crucial to saving a life.  The better practice is to never leave a child unattended in a vehicle.
Here are some points to keep in mind:
*44 children died in hot cars in 2013;