Fort Lauderdale Injury Lawyer Blawg

As we conclude another work week, I wanted to take a few moments to give some tips to South Florida business owners on how they can prevent slip and fall injuries from occurring at their businesses. As a Plantation slip and fall lawyer, I have seen countless causes for a slip and fall, which is why I would like to share my knowledge with business owners to help limit their liability.

The most obvious cause for a slip and fall injury is a wet floor, so it is imperative to keep the floor clean and dry. As the business owner, your company is liable for any objects, liquids, or substances on the floor that cause an accident. A very real consequence of slipping on a wet surface is falling awkwardly, and potentially injury one's head or spine. Spinal injury lawsuits are somewhat common results of a slip and fall, so please make sure that you limit your liability by keeping the floors in proper condition.

If the floor is wet, you need to put up a sign indicating so. As a business owner, you have a duty of care to ensure that the floor is suitable for customers to walk comfortably. If the floor is too wet and you fail to alert customers, you could be found negligent for their injuries and in the unenviable situation of having to deal with a Plantation slip and fall lawyer and a slip and fall lawsuit. If the wet area is in such bad shape that it is not suitable for walking at all, make sure that you close it off to prevent any chance of injury.

Other potential sources for slip and fall injuries are stairs and escalators. Damaged or non-functioning stairs can lead to serious injuries and potential slip and fall lawsuits. For example, imagine a situation where someone is at a mall in Plantation. Imagine that a woman gets her dress caught in the escalator, causing her to slip and fall. The mall is potentially liable for her injuries, especially if it is determined that the escalator was malfunctioning.

I'd like to conclude by offering a link to a Slip and Fall FAQ's page, which is a great resource to find out more information about limiting your slip and fall liability. If your business properly follows the guidelines, it should help you to prevent a slip and fall lawsuit.

It was announced yesterday that B.O.B. Trailers Inc will recall approximately 337,000 single and double strollers in the United States in addition to around 20,000 strollers in Canada. According to the Consumer Product Safety Commission, the issue is that a drawstring on the stroller can become wrapped around a child's neck, which creates a serious risk of strangulation for the child. There has already been one report of an eleven month old child who got her neck tangled in the drawstring. Luckily, her mother was able to save her. Child injuries are absolutely devastating and must be avoided at all costs.

As a Plantation products liability attorney, I have seen nearly every variety of defective products, and I would be hard pressed to say that there is anything scarier than a product failure concerning children. As parents we seek to protect our children at all costs, which is why anyone who owns these recalled strollers needs to stop using them immediately, remove the drawstring, and contact the manufacturer.

Hopefully this recall will save lives before any child is seriously injured. Throughout my career as a Plantation products liability attorney, I've noticed the trend that most recalls seem to be reactive, instead of proactive. However, in this circumstance the company seems to be ahead of the curve. As stated above, the only widely reported incident did not result in severe injury or death, and hopefully things remain that way and that no children are injured.

Yesterday The Supreme Court deviated from a previous case and ruled that the nation's automakers can be sued for failing to install the most effective safety equipment in the cars that they sell. The ruling stems from a lawsuit brought by Delbert Williamson against Mazda Motors because his family's 1993 minivan did not have a lap and shoulder belt in a middle rear seat. His wife, Thanh Williamson, was sitting in the middle rear seat, equipped with only a lap seat belt belt when the car was struck head-on. Sadly, she died in the accident.

Mr. Williamson is alleging that his wife's wrongful death is the result of Mazda's failure to install a more effective safety device (lap and shoulder seat belt) in the minivan. This ruling allows Mr. Williamson to move forward with his California lawsuit, but in order to win, his lawyer will need to prove that his wife's wrongful death was the result of Mazda's negligence and that failing to exceed the minimum federal safety standards is a cause of action. Throughout my thirty years as a Plantation car accident lawyer, I have represented numerous wrongful death victims, and I have always taken great pride in seeking justice for the wronged.

The lone bright spot in a case such as this one is the prospect that products liability lawsuits can lead to safer products for consumers in the marketplace. Defective products can oftentimes lead to safety regulation improvements and improved products for all. As a Plantation car accident lawyer, I wholeheartedly support this ruling, because it should force manufacturers to exceed the minimum safety standards. I truly hope that this ruling is the first in a new wave of many that increase consumer protection.

A woman in Harris County, Texas is suing Kroger Co., a retail food chain, as a result of her slip and fall injury. To help those individuals like the team at The Schulman Law Group who have been living in South Florida for decades, Kroger is a chain of supermarkets much like Publix. The woman, Sandra Atha, alleged that Kroger failed to warn its customers about a slick floor, which led to her slip and fall injury. Hypothetically, if this were to happen in a South Florida Publix, Walmart, Whole Foods, or any other local store, as a Plantation slip and fall lawyer I would seek to prove that the store was negligent in maintaining its floor in reasonable condition.

The woman is seeking damages for her injuries, alleging that the store was in a dangerous condition because there was a substance on the floor that created a slick surface. According to her slip and fall attorney, Ms. Atha was "seriously injured" as a result of her fall. We have all seen the wet floor caution signs in stores, yet if the store fails to properly warn its customers about potential hazards, then the store is negligent and liable for the victim's injuries.

For example, imagine a scenario in which the floor in a Plantation supermarket was wet, but the store failed to alert customers of the slick surface, either verbally or by putting out a wet floor sign. If a woman were to fall as result of the wet surface and injure herself, then she could consult with a Plantation slip and fall lawyer about seeking compensation for her injuries, provided that the store was negligent and at cause for her fall.

Continue reading "Are Wet Floor Signs Enough Warning to Prevent A Plantation or Fort Lauderdale Slip and Fall Lawsuit?" »

Last week, the popular fitness product, "Perfect Pullup," was voluntarily recalled by the manufacturer, Perfect Fitness, and the Consumer Product Safety Commission. The Perfect Pullup was recalled because the product poses a risk of injury from falling. The fall injury hazard is the result of a discovery that the plastic handle can crack during use. As a Plantation products liability lawyer, I applaud the manufacturer's decision to voluntarily recall the Perfect Pullup, as well as their decision to offer a free replacement kit.

Most of us have done a pull-up at some point in our lives, either in P.E. or during our daily fitness regiments, so we realize the potential for injury if we were to unexpectedly fall. Falling because the pull-up handles break could lead to a variety of injuries, ranging from back and neck pain to something as severe as head trauma. Throughout my career as a Plantation products liability attorney I have seen countless products recalled due to design flaws, which render the product defective.

If someone suffered an injury as a result of the defective handle on the Perfect Pullup, they would be entitled to seek compensation and damages, provided that their personal injury lawyer could prove the manufacturer was negligent and responsible for the victim's injuries. Design flaws such as the plastic handle on the Perfect Pullup can potentially lead to catastrophic injuries if the fall was severe and unexpected, as is often the case.

Hopefully no one has been severely injured prior to this product recall, but in the unfortunate event that someone has, at least now you know the initial steps in the legal process of a products liability case.

The Broward Country Sheriff's Office is launching their campaign against texting and driving at the same time. The central advertisement for the movement simply reads, "TXT=RIP." As a South Florida resident for over three decades, and as a Weston Car Accident Lawyer, I whole heartedly support this movement, which will protect our families and save thousands of lives.

The statistics concerning texting while driving are simply staggering. "Six-thousand people died last year as a result of distracted driving. Over 400,000 people were injured," said Broward Sherriff, Al Lamberti, who was citing statistics from the National Transportation Highway Traffic Safety Administration. "Texting while driving is equivalent to trying to drive a car after you've had four drinks of alcohol." That last statement is incredibly powerful and really puts texting while driving into perspective.

As a personal injury lawyer and as a parent, I am vehemently opposed to texting and driving. Unfortunately, I hear all too often about cases where people are in car accidents because of texting while driving. As a Weston Car Accident Attorney, I am always terrified when I see teenagers and adults texting while driving throughout Weston. Hopefully the texting while driving campaign will eliminate these dangerous situations.

Texting while driving can oftentimes lead to serious and catastrophic injuries. Drivers become incredibly distracted while texting, which makes a car accident an unfortunate, yet probable outcome. As a Weston Car Accident Lawyer, I have dealt with victims for over thirty years, and I can promise you that you do not want to be the person on the other side of the table who has to live with the guilt of having caused a car accident and harming an innocent person.

Especially in residential neighborhoods in areas like Weston, Plantation and Sunrise, a distracted driver could hit someone who is walking down the street or just riding their bike. Bike accidents as a result of texting while driving are a common occurrence, because the driver is too distracted to focus. As the cited statistics prove, texting while driving causes car accidents, injuries, and in some cases, death. I sincerely hope that this campaign is effective with regards to stopping people from texting while driving in their cars.

Last week, the parents of a 4 year old boy, Isaiah Harris, filed suit against Walt Disney Parks and Resorts as a result of the severe burns that he suffered while at the park. The family and their personal injury attorney are claiming that the burns were the result of "scalding nacho cheese" from Orlando's Magic Kingdom last March. Many families in Weston, Sunrise, and Plantation take trips to Disney World each year, so I'm sure this story is relevant to many in our South Florida community.

According to the family's attorney, the young boy was injured at Cosmic Ray's Starlite Cafe when a paper cup of scalding nacho cheese splashed on his face after he tried to grab the table while falling out of a wobbly chair. The lawsuit alleges that the boy, Isaiah, suffered "permanent scarring, pain and suffering" as a result of the burns, and that his parents, Michael and Maria, suffered "serious emotional distress." This case reminds us of the famous "McDonald's coffee case" from 1994, which I'm sure many in the South Florida area remember. The personal injury lawyer went on to say that, "The cheese should not have been that hot," and that "Nobody has a reasonable expectation that it be served at a temperature causing immediate and severe burns on contact."
This case is an example of catastrophic and traumatic injuries. As a result of Disney's alleged negligence, Isaiah experience horrible pain and suffering. What makes matters even worse is that Isaiah is a young boy. Injuries are always devastating, but when a child suffers personal injuries, that is truly a heartbreaking situation.

The family is alleging that the "scalding" hot nachos are a defective product, otherwise known as a products liability lawsuit. Their personal injury attorney is alleging that a reasonable person would not expect the nachos to be that hot and that serving the nachos at that temperature is likely to cause serious injury. It will be very interesting to follow this case and to see if the court rules in favor of the plaintiff, much like it did in the (very misunderstood) McDonald's coffee case.

Continue reading "Weston Injury Lawyer Discusses A Burn Injury Case" »

In order for the air bag to function appropriately it must be able to be fully deployed before the occupant meets it under crash circumstances, and prevent the occupant from striking the interior of the vehicle.

In fact, the most significant factor in confirmed deaths of occupants has been their too close relationship in seating to the air bag during deployment. Under Florida law, in order to bring a claim for the products failure, the injured party or their legal representative must prove that the product failed the consumer's expectations test; and generally speaking, consumers do not expect to be severely injured by an air bag if they are sitting where the vehicle's design permitted.

Vehicles that have been known to cause injury due to proximity of the seat to the air bag are particularly evident in vehicles where the front passenger seat can easily move forward to allow easier access to the back seat, such as in certain two-door model vehicles. The lack of use of dual stage air bags, the lack of use of pre-tensioning in the seat belts, and the use of seat position sensors to reduce the risk of severe injury to persons seated in the near full forward adjustment position on the seat track. The industry should be aware of the risks. Federal Standard 208 requires the air bag to prevent head and brain injuries; and the Federal Motor Vehicle Safety Standards Occupant Crash Protection now requires testing of female dummies in the full forward seating position. In order to prove these very serous claims it is necessary to retain the right experts from the various disciplines involved in the design and manufacture of these vehicles and these safety systems and investigate the true cause of any alleged defects or neglect.

Continue reading "How Do Seatbelts Need To Work In Harmony With Airbags In Fort Lauderdale Car Crashes - Part II" »

Well designed air bars can deploy at speeds in excess of 200 miles per hour. It must also inflate within 25 milliseconds. The concern is over the air bag striking the occupants prior or while they are in the process of full deployment. A typical injury occurring from an air bag deployment occurs when there is an interaction between the vehicle occupant and the air bag before it is fully deployed. There must be a harmony between the position of the passenger, the seat track, the air bag and the seat belt system to prevent the occupant from coming within the deployment zone. Modern pre-tensioned lap and shoulder seat belts are designed to prevent the occupant from entering into the area of air bag deployment. Serious injury and death can result if the timing is off.

Seat belts are not only part of the prevention, but they can be the cause of additional injury, if they allow the occupant to travel too far forward into the path of a deploying air bag. The pre-tensioning device within a seatbelt system is designed to pull up the slack and avoid the dangerous forward movement of the body into the path of the deploying air bag. Passengers, as well as drivers should be conscious not to adjust their seating too close to the airbag which is common in most cases where the user was severely injured or killed. To be contiued...

Continue reading "Weston - Fort Lauderdale Injury Lawyer Discusses The Dynamics of Defective, Injurious Vehicular Air-Bags - Part I" »

This week, the National Highway Traffic Safety Administration concluded that the sudden acceleration problem in Toyota and Lexus cars was not the result of electronic failures. The reason that is big news is because it confirms the original belief that the issues stemmed from mechanical problems.

The Toyota recalls are examples of several types of legal issues. Unfortunately, many people in the South Florida and Fort Lauderdale, Florida were affected by the product defects, in which the floor mat interfered with braking or the accelerator pedal was sticking. This is the products liability aspect of the recall. Simply put, the Toyota product was defective and dangerous, affecting drivers in Fort Lauderdale and throughout the country.

The Toyota defective product also resulted in numerous car accidents. If the crash was the result of the malfunctioning pedal, then Toyota may be liable for the injuries and damages, because of its alleged negligence of Toyota to bring a faulty product to the marketplace. An unexpected car crash where the car suddenly accelerates is absolutely terrifying, and the impact of such a crash can result in severe injuries. Again, Toyota may be liable for the injuries that the victims suffered, if the alleged defective Toyota car was the reason for the crash.

We have heard several horrifying stories about those injured by the Toyota sudden acceleration problems, not only locally in Weston, Pembroke Pines, and Plantation, but also in many other cities throughout Florida and the country. We hope that the automotive industry uses this terrible incident as an opportunity to improve safety standards, ensuring that only the safest and highest quality cars pass quality control testing.

Continue reading "Pembroke Pines Toyota Accident Cases Linked to Products Failure?" »

This past week, the famous TV personality, Dr. Phil McGraw and his wife Robin, were sued for gross negligence after their dog viciously bit someone. I'm sure that many people in the South Florida and Fort Lauderdale area recognize Dr. Phil's celebrity, so hopefully they can take his case as a cautionary tale. Janet Harris, a former friend of the couple, was bitten on the arm and hand by their dog, Maggie. The lawsuit alleges that the dog attacked Ms. Harris "with no warning or provocation causing profuse bleeding, deep puncture wounds, and cuts and abrasions on her arm and hand."

Ms. Harris' injuries as a result of the bite required her to have extended home care while she was on IV treatment, steroids, and antibiotics. The dog, Maggie, is a Korean Jindo, a rare breed type of spitz hunting dog. The dogs are known to be extremely protective of their families and are often indifferent or event sometimes violent towards strangers.

Ms. Harris' lawsuit contends that the McGraws "were aware that Maggie had an unpredictable temperament, had a propensity to bite and has in fact previously bitten other persons and that the family cat, a pet rabbit and various skunks had been found dead on the premises after Maggie was acquired by the McGraws."

Dog bites are an unfortunate reality that many people in Davie, Pembroke Pines, Sunrise, Plantation, and Fort Lauderdale, Florida must face. As close as we may feel towards our dogs, it is dog bite cases like this one that remind us of the need for caution.

Continue reading "Pemborke Pines Dog Attack/Bite Lawsuits - Are We At Risk?" »