Fort Lauderdale Injury Lawyer Blawg

The renegade driver of an 18-wheel truck suddenly cuts off a Fort Lauderdale worker forcing the utility van he was operating into the retaining wall on I-95 in Broward County, Florida. The accident was significant enough to cause the engine block to shift against the driver's leg causing him to suffer injuries to his lower extremity.

If is not for the extraordinary contribution of a Good Samaritan the renegade truck driver, who immediately left the scene would have gone without responsibility.

Fortunately, for the victim this witness followed the truck for a great distance until they were able to identify the owner identity on the truck's cab, so that the investigation could be turned over to Florida's Highway Patrol.

Nevertheless when contacted by FHP, the owners of the truck vehemently denied their drivers involvement and quite discourteously refused to cooperate with the FHP's investigation. In fact, the trucking company continues to ignore this matter and not only refused to accept service of process of a lawsuit but continues to refuse to cooperate with its defense attorneys assigned to it by their insurance carrier.

One can easily draw an opinion that the same indifference that caused the accident continues throughout the case in the defendant's carelessness or lack of consideration to the well-being of others.

Fortunately there is a civil justice system in Broward County, Florida that allows victims to avail themselves to seek just compensation from liable wrong doers.

Continue reading "Fort Lauderdale Florida Trucking Accident Forces Van Into I-95 Retaining Wall!" »

Once again, concern has risen for Florida, as well as national consumers of generic drugs. The Food and Drug Administration has cited lapses in one of the biggest drug companies that produce medication for diabetics as well as contamination of and drug cross contamination that resulted from inadequate cleaning of manufacturing equipment. It is reported that nationally, pharmacies have filled over 94 million prescriptions with this manufacturer's medicines (including Florida, Fort Lauderdale, Weston and other Broward County pharmacies). The generic drug manufacturer's name is Apotex. The concern for Florida drug consumers is that more and more are turning to generic prescription drugs to save money in this economy.

The Food and Drug Administration has previously warned Apotex that taken together, the violations "demonstrate a lack of adequate process controls and raise serious questions regarding your corporation's quality and production systems... . This warning letter is being issued because of serious and repeat violations from the 2008 and 2009 inspections and because your response,... is inadequate and lacks sufficient corrective actions."

Unfortunately, there are untold drug related illnesses, hospitalizations and even deaths that are not properly documented nor properly overseen by the FDA or Florida health related agencies to protect consumers in the State of Florida and nationally. All too often, Florida, Fort Lauderdale, Weston and other Broward County consumers are suffering from the ill effects from medications prescribed by physicians, and yet may not even be aware that their symptoms are related.

It is unfortunate that the consumer may pay the ultimate price for lack of sufficient safeguards in the industry. Fortunately, Florida, Fort Lauderdale, Weston and other Broward County consumers have a justice system that allows victims to seek redress if someone is injured as a result of a manufacturer's neglect. Personal injury products liability actions are often responsible for a great deal of the policing, and corrections in this and many industries that can severely impact our safety. This fact stands as a most profound testament to our Florida system of justice - the strongest tool against corporate indifference, is the strength of our jury system.

Continue reading "Potentially Dangerous Drugs for Fort Lauderdale, Weston and other Broward County Generic Drug Patients" »

The highly regarded consumer protection publication "Consumer Reports" has just reported that the Lexus GX460 model SUV "carried an unusually high risk for a rollover accident during certain types of turns". Remarkably, as a result of that report by Consumer Reports, the auto maker, Toyota, has suspended sales of the Lexus GX460 model SUV. This is an extraordinary finding in light of many factors; including years of intended technological safety improvements from devices such as electronic stability controls, in addition various engineering changes to adjust for a vehicle's center of gravity and for its predicted reactions during foreseeable real life driving conditions. Consumer Reports has indicated that the Lexus' electronic stability controls may not have reacted quickly enough to prevent the vehicle from losing control and potentially rolling over.

The American auto market is no stranger to the dangers and pitfalls of sudden rollovers in SUV vehicles. The errors of the Ford Explorers, Expeditions, and the "shedding Firestone tires" are all too well known by the American motorist. The question to be answered is whether Lexus' parent, Toyota, was aware of this vehicle's alleged deficiencies, like Ford allegedly was with its Explorers and Expeditions. This question we hope will not be answered in real life failures by Florida motorists who may be injured due to the Lexus GX460's alleged dangerous propensities.

Continue reading "Lexus SUV - Potential For Rollover Accidents/Danger to Florida Motorists!" »

On March 16, 2009, a female Minor, E.H., was viciously attacked while she had stopped to purchase gasoline at a Shell gas station. The Minor was a model teenager student and athlete, and had just left a dance practice. The brunt of this trauma could and should have been avoided by the employee of this gas station - instead it is alleged that he had done just the opposite. While she was attempting to pump gas into her car, she was approached by her dangerous assailants who began a verbal altercation with her. The gas station's employee witnessed this problem unfolding. The Minor attempted to seek the safety inside the store to the Shell station, but the store's employee allegedly locked the door, entrapping her within the grasps of her assailants and preventing her from escaping the brutal beating that ensued.

The Florida Injury attorneys for the Minor have alleged that the gas station's act of preventing the Minor from seeking safe haven inside the store at this Shell gas station was tantamount to a false imprisonment - as well as practically willing the savage beating upon this innocent victim. Amazingly, the gas station's insurance carrier is taking an apparent cavalier attitude towards this tragic matter, looking to avoid it's obvious responsibility and liabilities.

In the State of Florida a property owner, i.e., the Shell gas station, also has a duty to provide a safe environment for its invited customers. What is inconceivable is that one of its employees, who was acting in the course and scope of his employment, deliberately took action to further endanger this Minor, by intentionally locking the door, and the Minor out of safety. This act of gross negligence by one of its employees, should be acknowledged by the store and its insurance company and they should take the appropriate responsibility for this unforgivable act of indifference to our client's life and safety.

Continue reading "False Imprisonment - Florida female teenager locked out of gas station during brutal attack by employee! " »

"Sudden Acceleration" claims have been the focus of many unexplained accidents in Florida, as well as world-wide; for decades. The phrase has been applied to situations when a vehicle inexplicably accelerates without the driver intending to do so. Prior to Toyota's recent exposure, these claims had gain notoriety from the German auto manufacturer, Audi.

In the most recent rash of cases, the focus has fallen upon Toyota who apparently may have been caught with its proverbial "pants down" and may have known of its vehicles' tendencies to suddenly accelerate without giving due consideration to the public's safety, including its purchasers and those who may fall victim to their carelessness.

This writer has investigated many sudden acceleration claims over the last three decades. The most tragic one that comes to mind involved a couple in Tamarac, Florida who had been parked perpendicular to a deep canal at a Bank on McNab Road. Suddenly their car lurched over the parking space bumper stop, then over the hedges and then it lurched into the canal; whereupon the driver tragically drowned. The surviving spouse, who was seated in the passenger seat, but was able to escape, claimed that the car madly accelerated without provocation. The investigating police agency presumed that the driver had mistakenly pressed on the accelerator while the car was in drive.

Years later, a client of ours was struck while walking in front of store front shops at East Hallandale Blvd, in Broward County, Florida. The elderly driver - who was likewise parked perpendicular to the store fronts, assumed that she had placed her transmission into reverse, but it was in drive - just kept pressing on the accelerator until her car likewise lurched over the bumper stop, struck our client and threw him through the plate glass window of an eyeglasses store and then against many rows of eye glasses.

Continue reading "Florida (Toyota) Sudden Acceleration Car Accident Claims" »

The risks of being involved in an accident related to "texting" are rising dramatically. It is estimated that 20% of the drivers are texting or receiving a text while on the roadway and that number goes through the roof to 66% when you're focusing on drivers between the ages of 18 to 24.

It is an important and responsible privilege (and not a right) to operate a vehicle in the State of Florida. And Florida defines a motor vehicle synonymous with a dangerous instrumentality -and for good reason. As I often use as an analogy, one is much more likely to strike a target with a multi-ton vehicle and cause devastating injuries than with a bullet. Add to that the reckless abandon associated with setting off a firearm without looking through its sites, which is frankly the equivalent of operating a car while texting or looking at a portable communication device, and you truly have created an amazingly careless roadway to navigate through.

Somehow our society seemed to have functioned just fine; and frankly, quite well even before the rescission and without texting. But it appears as though the temptation to satisfy the need for immediate communication is too overwhelming and any one of us is capable of looking away that just one time in order to respond to that next text message.

Are we ready for a society that is willing to prohibit communication in an effort to protect our roadways and pedestrians? And, in fact, are we ready to self police ourselves like in the photograph appearing on this page? Frankly, I for one even find it difficult descending a flight of stairs while texting, so what choice do we really have?

Continue reading "THE DANGERS OF INJURY TO FLORIDA DRIVERS FROM TEXTING" »

The news has recently revealed that the Broward County Medical Examiner has tentatively identified the remains found inside a van found in the Florida Everglades of an unfortunate family that has been missing for nearly 12 years. Dr. Joshua Perper, the medical examiner, commented that their deaths were an accident. And officials said that June 2, 1999 "...the day they went missing, was stormy and when the Caravan was pulled from the murky water the windshield wipers were still on."

Tragically, for the decedent's ex-husband, his hope of seeing his girls came to a tragic end. The question will inevitably arise whether there is any civil liability for this accident occurring and if someone driving another vehicle may have been responsible for these tragic losses, or if in fact there was an actionable claim against a Florida governmental agency that could be held liable. These thoughts must be considered in light of Chapter 95 of the Florida Statutes (a four year statute of limitation for bringing wrongful death claims arising from tortious behavior - and if it is against an entity of the State, or County, there is a three (3) year notification period under the Florida sovereign immunity act.

The more complex analysis has to do with those cases that are only recently discovered but occurred longer ago than the 3 and 4 year time frames.

Continue reading "Family Victims of Apparent Car Accident Found After 10 Years Missing In Florida's Everglades" »