Posted On: June 26, 2009

Unlicensed Driver Charged in Palm Beach Truck Accident That Caused Fiery Explosion

A Miami-Dade man without a valid driver’s license was arrested in connection with a serious fuel tanker truck accident, the Palm Beach Post reported June 23. Roberto Antonio Valasquez was allegedly driving a station wagon that broke down on Interstate 95 at around 1 a.m. Monday. He and an unnamed passenger ran from the vehicle when they saw the fuel tanker truck barreling toward them. The subsequent crash caused an explosion that closed the north lanes of the interstate for five hours, severely damaging the road and killing one of the trucker’s two dogs. Fortunately, no one else was hurt, although the trucker, Jimmy Hill, suffered minor burns to his arm.

Valasquez is charged with driving without a license and leaving the scene of an accident. He told investigators that he was driving because the passenger, who has a valid license, was tired. Their station wagon died in the roadway, he said, and he couldn’t get it to start. It’s unclear whether they left immediately, but the stopped station wagon caused problems for Hill, who told the South Florida Sun-Sentinel that he couldn’t stop his truck in time to avoid it. Hill’s full tanker of gasoline collided with the car, and he and one of his spaniels managed to escape before the explosion. Authorities later found the body of the other dog, who was thrown from the truck.

As a South Florida resident and a Plantation semi truck accident lawyer, I’m grateful that this happened so early in the morning, when most drivers were safe at home. A fuel tanker truck accident is one of the most serious types of commercial truck crash. In addition to the large the weight and size that makes any truck accident dangerous for people in smaller vehicles, fuel tankers have a toxic and highly flammable load. If the crash ruptures the tank and exposes the fuel to flame -- highly likely in a crash -- the result can be an explosion that could kill or catastrophically injure everyone nearby. If there’s no explosion, fuel spillage could still pose a severe environmental and fire hazard.

Authorities are not yet laying blame on anyone for causing the accident, but from the criminal charges so far, it seems likely that they don’t blame Hill. While irresponsible truckers in charge of two-ton semi trucks are a serious threat, irresponsible drivers in cars, trucks and SUVs can and often do cause severe trucking accidents. Thanks to the trucks’ size, this can affect multiple innocent bystanders. Victims of these trucking accidents still have the right to file a Sunrise tractor-trailer accident lawsuit -- but against the careless driver. If circumstances are appropriate -- for example, if a load was not secured properly -- they may sue the trucker or trucking company in addition to the careless driver. Tracing back who caused what part of an accident is complicated, which is why victims should always talk to a Davie trucking accident attorney as early as possible in the case.

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Posted On: June 24, 2009

Broward County Construction Accident Claims Life of Coconut Creek Man

A construction worker died hours after a crane collapsed at a seawall project in Lighthouse Point, the South Florida Sun-Sentinel reported June 17. The federal Occupational Safety and Health Administration is investigating the accident that killed Albert “Tiger” Phillips, a 43-year-old father of three. A representative from OSHA’s Fort Lauderdale office declined to comment on the matter, but told the Sun-Sentinel that this is the third workplace death of 2009 for Broward County.

Phillips was helping to build a seawall on the North Grand Canal June 16 when a crane collapsed onto his legs, pinning him to the ground. Co-workers pulled the crane off, and Phillips flashed them a thumbs-up sign as he left in an ambulance, suggesting he was okay. But a few hours later, the Sun-Sentinel reported, he was dead of unspecified injuries. Work was cancelled at the site June 17 in his honor.

As a Pompano Beach construction accident lawyer, I know that construction sites, with their heavy machinery and equipment, are some of the most dangerous civilian workplaces in America. According to the federal Bureau of Labor Statistics, 13 out of 100,000 construction workers died on the job in 2006; the most common accidents were falls or being struck by or against objects. Federal and state laws are supposed to help prevent accidents by setting safety standards for construction sites -- but due to carelessness or cost-cutting, those standards are too often ignored. The result can be death or permanent disability for workers who happened to be standing in the wrong place.

Victims of construction accidents, and their loved ones, still have rights. People who have suffered serious injuries or lost a loved one in a construction accident may hold the responsible parties legally liable for their actions with a Fort Lauderdale construction accident lawsuit. A lawsuit can help victims who are facing huge medical bills and other accident-related costs, right at a time when they are unable to work or have lost an income. It can also compensate victims for their non-financial but very real injuries, including a physical injury, pain, emotional trauma, and any permanent disability or wrongful death that results.

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Posted On: June 23, 2009

Baby Killed in Serious Rollover Accident Caused by Potentially Defective Tire

A seven-month-old baby was killed when the tire on his father’s truck suddenly came apart, the St. Petersburg Times reported June 21. The baby’s father, Michelin Jones of Tampa, was driving on Interstate 4 when the tread on the right rear tire of his truck separated, the newspaper said. Jones lost control of the truck, which hit the median and rolled over three times before landing upright. The crash threw seven-month-old Indria Jones from the truck, killing him. The elder Jones was unharmed and another boy, six-year-old Drelin Pittman, suffered minor injuries. The Times said all three were wearing seatbelts -- which we hope means the children were in child safety seats.

An accident caused by tire tread separation is attention-grabbing for a Hialeah product liability lawyer like me, because it has happened numerous times before. If you drove a Ford vehicle earlier in this decade, you may remember the 2000 recall of 3.85 million Bridgestone/Firestone tires because they had a serious and potentially accident-causing defect. That defect was an unreasonable likelihood of tire tread separation, which caused drivers to lose control of their vehicles, especially at high speeds. Authorities believe the defective tires caused at least 120 deaths and several thousand serious injuries, including permanent spinal and brain damage.

There’s no evidence in the article that another widespread tire tread separation problem is about to hit the United States, of course. But if a defective tire turns out to be responsible for this accident, the family would have a strong potential South Florida defective product lawsuit. Tire manufacturers and all other manufacturers who do business in Florida are legally obligated to make sure they don’t sell dangerous products. When they fail in that duty, they are legally liable to people who are injured as a result. In a lawsuit, Floridians who are seriously hurt or lose a family member to a defective product can claim compensation for their injuries, physical pain, emotional suffering and all of the medical bills and lost income that resulted.

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Posted On: June 19, 2009

Family of Fatally Shot Tourist Disputes Miami Beach Police Account of Incident

Family and friends say Miami Beach police officers mistook the identity of a man fatally shot early Sunday morning, the Miami Herald reported June 16. Husien Shehada, a 29-year-old limo driver from Woodbridge, Virginia, was shot by police in a confrontation outside a club around 4 a.m. on June 14. His brother, engineer Samer Shehada, 31, was arrested in the incident for battery.

The police were in the area responding to a call about an armed man, around the same time that the brothers and their girlfriends left their hotel. They stopped the younger Shehada, and a confrontation ensued. The Herald said it wasn’t clear what happened; the police department declined to comment. A cousin to the brothers, Najwa Ghannam, told the Herald that Husien Shehada was unarmed. Police did say that Samer Shehada was charged with battery for allegedly beating a woman and kicking her in the head. His girlfriend, Karlia Karpel, denied this, saying she was with him throughout Saturday night and Sunday had no bruises. The family’s defense attorney said police asked each individual involved whether they spoke Arabic.

I hope that the implication that racism played a part in this incident turns out to be false, although it’s impossible to know right now. But if family members are right that Husien Shehada was unarmed, the police will have to present a compelling argument to show that he was a serious enough threat to justify lethal force. Officers do a dangerous job and have the right to shoot when they believe their lives are in danger -- but it’s hard to imagine how an ordinary unarmed man might have posed such a threat. If this death is a result of police misconduct, the family has every right to file a Miami-Dade wrongful death lawsuit against the police.

Cohn, Smith & Cohn has handled many wrongful death cases over more than 25 years of practice, so we know all too well that a South Florida wrongful death lawsuit can’t bring back the person who was lost. However, family members frequently encounter serious financial problems after an unexpected death caused by someone else’s actions. Families dealing with fatal injuries can face very high medical bills, funeral costs and other expenses related to the accident. If the victim was a breadwinner, they also lose an income immediately, and permanently. And for many families, a wrongful death claim is a way to bring wrongdoers to justice and publicly expose the wrongdoing that led to their loss.

If you’ve lost a loved one to another person’s careless or illegal actions and you’re considering a legal case, Cohn, Smith & Cohn can help. To contact our Aventura wrongful death attorneys for a free consultation, please send us an email or call our main office at (954) 431-8100.

Posted On: June 18, 2009

Health Inspectors Tell Country Club to Discard Unsafe Food After Man’s Death

Broward County health officials investigating a possible food poisoning death have ordered a country club to throw out a substantial amount of meat, the South Florida Sun-Sentinel reported June 15. The inspection of the Weston Hills Country Club’s restaurant was ordered after a member, Edward Nacht, died of an illness that set in after eating at the club. Inspectors have not found evidence connecting the incident with food poisoning, but they did find multiple health code violations. The investigation is ongoing.

Nacht, a dentist from Plantation, had played golf with three friends on the morning of June 3, then headed to the restaurant. All four people in the party had a chicken dish, and all four felt sick later in the day. Six days later, Nacht, an apparently healthy and active 65-year-old, died. The Sun-Sentinel reported that the cause of death was a massive bacterial infection, but the country club disputed that in a press release. Pointing out that no one else who ate chicken that day got sick, it suggested that the illness was viral.

Nonetheless, the state’s inspectors found 16 health code violations on a June 10 visit. The violation that led to discarding the meat had to do with a malfunctioning cooler, which let the temperature of the meat rise above the maximum 41 degrees for 12 hours or more. Other violations included allowing raw foods to touch; leaking coolers; improper hand-washing and a slimy ice machine. An inspection in April turned up similar problems.

As a Pembroke Pines defective products lawyer, I’m pleased that this case is bringing attention to the risk of food poisoning at restaurants. Most recent high-profile food poisoning scares, such as the Georgia peanut butter recall, had to do with food products intended for consumption at home. While those risks are real and serious, risks at restaurants can be even greater. Because they handle such high volumes of food and customers, restaurants run a much higher risk than home kitchens of accidentally serving contaminated food. The problem is only compounded by the disconnect between kitchen staff and customers, which can allow violations to go unnoticed longer.

Just like the manufacturers of food for home consumption, restaurants have a legal obligation to make sure their food is safe to eat. If they fail in that obligation, they could be legally liable for selling a defective product, just as food manufacturers would be. (Depending on the cause of the food poisoning, the restaurant might also, or instead, be guilty of negligence.) In a Hialeah food poisoning lawsuit, victims can claim all of the losses the tainted food caused for them, including the cost of medical bills and time off work, as well as compensation for their pain, suffering and any permanent disability or wrongful death.

If you believe a food manufacturer or restaurant’s carelessness gave you serious food poisoning, you should call our law firm, Cohn, Smith & Cohn, as soon as possible. Our Jupiter product defects attorneys represent people throughout South Florida who were seriously injured by a defective or unreasonably dangerous consumer product, including food products. We’re proud to say that, in more than 25 years of practice, we have helped hundreds of Floridians get the compensation they need to pay medical bills, make ends meet while recovering from a serious injury and eventually move on. To learn more about your options at a free, confidential consultation, please contact us online or call our main office at (954) 431-8100.

Posted On: June 16, 2009

Parents File Florida Wrongful Death Lawsuit in Death of UCF Football Player During Drills

Attorneys for the University of Central Florida have asked to end discovery in an Orlando wrongful death lawsuit over the death of a freshman wide receiver during off-season drills, the Orlando Sentinel reported June 11. Ereck Plancher died in March of 2008, at the age of 19, from extreme physical stress that aggravated a genetic condition called sickle-cell trait. His parents, Enock and Giselle Plancher of Naples, allege that coaches and trainers negligently failed to recognize and treat Ereck Plancher’s suffering before he collapsed during a workout.

Sickle-cell trait is a genetic condition caused by inheriting one of the two genes necessary for developing sickle-cell anemia. It’s found in about a tenth of African-Americans, as well as others of Mediterranean and African descent. People with sickle-cell trait don’t necessarily get sick, but they’re susceptible to several problems, including sudden circulation problems (due to blood cell sickling) because of exercise-induced dehydration and extreme fatigue. UCF officials were aware that Ereck Plancher had the condition, but said they handled it properly and did everything they could to save his life. The Planchers disagreed in their lawsuit, saying coaches and trainers ignored signs of extreme fatigue and made him continue drills.

Judging by the article, a trial in this case is still months away. But as a Silver Lakes wrongful death attorney, I would like to know how well Ereck Plancher communicated his symptoms to his coach. Student athletes are generally discouraged from complaining about tough workouts, especially on the competitive college level. This young man may have tried to tell his coaches that he wasn’t feeling well -- or he may have kept it to himself, fearing that he would be penalized for “whining.” While that’s an understandable policy in general, it’s dangerous under certain circumstances. Allowing one student to sit out a drill is not without costs, but the costs can’t possibly be higher than the life of a young man.

Cohn, Smith & Cohn handles a variety of claims involving negligence by coaches, teachers and others in charge of the health of kids, teens and young adults. In addition to wrongful death claims over known health conditions, coaches and sports organizations may be liable for failing to recognize and treat signs of ordinary but serious problems such as heatstroke or concussions. They could also be liable for failure to properly equip and train young athletes to help them avoid injuries. Victims of this careless behavior, and their families, have the right in Florida to file a Palm Beach County wrongful death lawsuit or personal injury claim.

If you have lost a loved one because of another person’s carelessness, you should call our law firm, Cohn, Smith & Cohn, as soon as possible. With more than 25 years of experience, we have helped numerous South Floridians recover from the serious emotional and financial effects of a wrongful death. Our Tamrac wrongful death attorneys can help you claim the money you need to pay medical and funeral bills and make up for any loss of income, as well as compensation for your grief and permanent loss of your loved one. And we offer free, confidential consultations, so there’s no risk in speaking to us about your rights and your options. To learn more, you can contact us online or cal our main Hollywood office at (954) 431-8100 today.

Posted On: June 11, 2009

Trial Opens in South Florida Defective Product Lawsuit Over Serious Boating Accident

A trial has begun in Naples in a lawsuit alleging that design defects were responsible for a woman’s disabling and disfiguring injuries, the Naples Daily News reported June 8. Audrey Decker, 64, and her husband, 66-year-old Fred Decker, are suing boat engine manufacturer Boston Whaler over a 1999 accident in which Audrey Decker fell overboard, sustaining serious injuries when her body became entangled with the boat’s propeller. The case was contentious, with the judge in the case repeatedly warning defense attorneys that they would be penalized if they continued to reargue settled issues or personally attack the plaintiffs’ attorneys.

Fred Decker was cited for careless operation of his boat that day, with alcohol involvement, but no charges were filed. However, the Deckers’ claim is a South Florida products liability lawsuit, which means that the reason Audrey Decker fell overboard isn’t being disputed. Instead, the couple alleges that the boat was defectively designed because manufacturers didn’t include a propeller guard, an inexpensive part that keeps objects out of the path of the propeller’s sharp blades. The judge ruled that the case is about the “crashworthiness” of the boat -- meaning that, because boating accidents are foreseeable, the question is whether the manufacturer did enough to forestall serious injuries in accidents.

A June 6 article from the Daily News details the injuries Audrey Decker suffered in the accident. She lost her left eye, her left breast and part of her nose and lip in the accident. Doctors saved her left arm, but it’s heavily scarred and the slightest touch causes her pain because of nerve damage. Her face is heavily scarred and disfigured by the loss of fat and bone. She has had 40 operations since the accident, but children and adults still stare sometimes, making her reluctant to leave the house. She takes pain medication regularly and needs help performing household tasks. She can no longer work, and the Deckers sold their home to pay some of her medical bills, living in a trailer for two years before they could afford another.

The Daily News cited federal statistics saying Americans had 80 accidents with boat propellers in 2007, causing seven deaths and 75 injuries. As a Pompano Beach boating accident lawyer, I know that’s a tiny fraction of boating accidents -- the U.S. Coast Guard reported 685 deaths from recreational boating in the same year. The same report said 485 people fell overboard from any cause, suggesting that it’s easy for boating companies and boat parts manufacturers to anticipate falling-overboard accidents. As with all manufacturers in Florida, these boating manufacturers are legally obligated to design products that don’t pose an unreasonable risk, including a risk from a foreseeable accident. If they fail in that duty, victims have the right to hold them responsible for the results with a Miami-Dade product defects lawsuit.

If you or someone you love was seriously hurt in South Florida by flaws in any consumer product, you have the right to hold the manufacturer legally liable for the results. That includes design flaws, manufacturing problems and failure by the manufacturer to warn you about the dangers of using the product. Cohn, Smith & Cohn can help. Our Cape Coral defective product lawyers have more than 25 years of experience helping Floridians get justice after a serious accident. We can help victims win the money they need to pay medical bills; make ends meet while they cannot work; and compensate them for the painful and sometimes lifelong effects of a serious injury.

Our Davie product defect attorneys offer free, confidential consultations to all potential clients. To set one up, please call our main Hollywood office at (954) 431-8100 or contact us online today.

Posted On: June 10, 2009

Cape Coral Police Department Suffers Second On Duty Traffic Accident in a Week

Last week, I wrote a bit about Cape Coral police officer Damien Garcia, who was hospitalized in critical condition after a woman turned left in front of him, causing a serious Florida motorcycle accident. I’m sorry to say that the department’s troubles were increased Sunday when another on-duty officer was hit by a left-turner, according to the Cape Coral Daily Breeze. Fortunately, Officer Robert Reese sustained only minor injuries in the accident with driver Jessica Feliciano, 29.

The newspaper reported that Feliciano attempted to make a left turn from Country Club Blvd. onto SE 10th street, into Reese’s path. The patrol car hit a fire hydrant, power pole and cable box, but Reese was not seriously injured. Nor was Feliciano. However, the newspaper said Feliciano’s passenger, 40-year-old Esther Roldan, suffered serious injuries. Feliciano was apparently driving under the influence at the time. The Florida Highway Patrol said she was charged with DUI, DUI with property damage, DUI with personal injury and driving on a suspended license.

I’m glad that this police department isn’t facing another catastrophic injury to one of its officers. However, as a Broward County car crash attorney, I hope they can use this latest experience to remind Lee County residents how dangerous drinking and driving can be. Licenses can be suspended for any number of reasons in Florida -- not just a past DUI -- but the suspended license suggests that Feliciano has had some trouble with traffic law before. With the DUI and suspended license charges pending against her, she could face jail or even prison time. She could also face a South Florida auto accident lawsuit -- if not from Reese, then from Roldan, her passenger.

If you or a loved one has been seriously hurt by a drunk driver, you have the right to hold that person legally responsible for your injuries. That’s true regardless of whether you were in another vehicle or a passenger who mistakenly trusted the intoxicated driver. Our law firm, Cohn, Smith & Cohn, can help. For more than 25 years, our Aventura car wreck lawyers have helped Floridians recover compensation after serious accidents, including compensation for deaths, permanent disabilities and serious injuries as well as payment of medical bills and other costs. To learn more about how we can help, please contact us online or call us at (954) 431-8100 today for a free consultation.

Posted On: June 9, 2009

Serious Florida Motorcycle Accident in Seminole Takes Life of Largo Man

The Florida Highway Patrol is investigating the death of a 23-year-old man in a two-vehicle motorcycle accident in Seminole, the St. Petersburg Times reported June 5. Ryan Craig Palmisano was killed late on June 4, when his motorcycle hit an SUV turning left from the oncoming lane. Driver Jason David Wells was uninjured, but Palmisano was pronounced dead at the hospital. Coincidentally, his ambulance was involved in a minor accident on the way to the hospital, with a driver who was cited for failing to yield to an emergency vehicle.

An eyewitness said Palmisano, who was wearing a helmet, took off “like a rocket” after the light at Starkey Road and Bryan Dairy Road turned green. He rode south on Starkey toward 109th Ave. N, where Wells was making a left across Starkey to get on 109th. The front of Palmisano’s 2007 Honda motorcycle hit the side of the Lincoln Navigator Wells was driving. An eyewitness said the light at Bryan Dairy Road was red when Wells began his turn, but that Palmisano could have swerved into the inside lane if he had had the time to react.

Speeding doesn’t get as much attention as traffic crimes like DUI, but that doesn’t mean it’s free of risks. Even if I am the safest driver in the world -- a task that becomes more difficult at high speeds -- I must rely on other people to also drive safely. As a Hollywood motorcycle accident lawyer and a motorcyclist, I know from experience that that’s not a safe bet. Too many drivers out there aren’t looking for motorcycles at normal speeds, never mind those traveling at high speeds.

That isn’t to say that Palmisano is necessarily at fault here. It’s entirely possible that the FHP will conclude that both motorists were somewhat at fault. In my practice as a Hialeah motorcycle crash attorney, I’ve handled many cases where both motorists were somewhat at fault. Florida law allows motorcyclists and other motorists to sue when they are partly responsible for their own accidents -- even as much as 99% responsible. However, the money they could win will be reduced by the proportion of fault they bear, which means a rider who is 99% at fault can only collect 1% of the money he or she wins -- making those cases not worth anyone’s time.

If you or a loved one has been seriously hurt in a motorcycle crash, my firm, Cohn, Smith & Cohn, would like to help. With years of experience riding a motorcycle on Florida roads and more than two decades of legal experience, I understand Florida motorcycle cases. Our Boca Raton motorcycle accident attorneys can protect you from dirty tricks by insurance companies, make sure your injuries are properly valued and treated and win you a fair and complete settlement that covers all of your accident-related costs. That includes the cost of time off work as well as compensation for pain and suffering, injuries and any disability or wrongful death. To learn more about your rights and your legal options at a free, confidential consultation, please contact us online or call our main office in Pembroke Pines at (954) 431-8100.

Posted On: June 8, 2009

Broward County Euthanizes Pit Bulls Involved in Dangerous Dog Attack

Broward County animal control officials euthanized two pit bulls who attacked a woman and her smaller dog, CBS4 reported June 3. Kailen Gonzalez was attacked in Fort Lauderdale while she and her brother were walking three dogs. One of the dogs died in the attack; Gonzalez and another dog were injured. In response, authorities in Broward County impounded the pit bulls, declared them dangerous and put them to sleep. They also fined the pit bulls’ owner, Katarzyna Zalewski, saying she didn’t have rabies vaccinations or pet licenses for the dogs.

Gonzalez was attacked May 20 in the Fort Lauderdale neighborhood of Victoria Park. CBS reports that the two pit bulls, Bobby and Shelbi, ran out of a neighbor’s backyard and attacked the humans and their smaller dogs. Zalewski disputed that account in a South Florida Sun-Sentinel report, saying the dogs were on her property and had been provoked. In the end, a silky terrier named Bella, who Gonzalez was dog-sitting, was dead; Gonzalez’s dog Milo was injured; and Gonzalez herself was bitten while trying to protect the dogs. Her brother and a third dog were not hurt. The Sun-Sentinel said Gonzalez suffered bites to her face that required 25 stitches and are expected to leave permanent scars.

The dogs were euthanized under a Broward County ordinance that allows authorities to put a dangerous dog to sleep after just one fatal mauling of a domestic animal. (The dogs’ owners have a right to appeal, but Zalewski chose not to in this case.) This is stricter than the previous law, which required two fatal attacks, and is being challenged in at least five lawsuits. Meanwhile, neighboring Palm Beach County is considering a similar law that would label a dog dangerous after just one attack. Those dogs would not be automatically put to sleep, but they would be banned from public places, sterilized, required to wear a muzzle and impounded for any violations by owners. Two fatal attacks on a domestic animal would trigger euthanization.

As a Pembroke Pines dog bite lawyer, I’m sorry for the injuries to Gonzalez and Milo and the death of Bella -- but I’m pleased that the public is taking the threat of dog attacks seriously. While most dogs are loving, fun companions, large dogs that are untrained, abused, neglected or trained for violence can kill and very seriously injure people. The U.S. Centers for Disease Control and Prevention report that dog attacks send 6,000 Americans to the hospital every year and kill about 15 -- usually children, who are lower to the ground and less sophisticated about canine behavior. Like Gonzalez, victims may be left with permanent disfigurement, as well as nerve and organ damage, broken bones, serious infections and a lifelong fear of dogs.

Victims of these attacks have the right in Florida to file a Boca Raton dog attack lawsuit to recover the cost of medical treatments, including future surgeries and therapy to reverse physical and emotional scarring. They can also win financial compensation for their injuries, pain, suffering and any permanent disability or disfigurement. In many cases, these damages are covered by the dog owner’s homeowners insurance. Cohn, Smith & Cohn represents clients attacked by dogs throughout South Florida. If the dangerous dog was not leashed or restrained on its owner’s property, as local laws require, our Hallandale dog bite attorneys can prove that the owner is liable, regardless of whether the dog has bitten before.

If you or a loved one was seriously hurt by a dangerous dog, you should call Cohn, Smith & Cohn as soon as possible for a free, confidential consultation. You can reach our main Hollywood office at (954) 431-8100 or contact us through the Internet.

Posted On: June 5, 2009

Palm Beach County Sheriff Investigating After Death of Two Girls From Carbon Monoxide Poisoning

The Palm Beach County Sheriff’s Office is investigating in the wake of the deaths of two middle schoolers at a sleepover, the South Florida Sun-Sentinel reported June 3. Loretta Wilson was non-fatally poisoned in the incident that resulted in the death of her 11-year-old daughter Amber and Amber’s friend, 12-year-old Caitlin Brondolo. Loretta Wilson was released from the hospital June 1, a day after the girls were found dead.

The Sheriff’s Office has retracted initial reports that Wilson told them she left her car running in a closed garage overnight because she couldn’t shut it off. A spokeswoman said their office was the source of the confusion, but did not elaborate. After the incident, investigators found the car shut off and the keys in the home’s kitchen. The spokeswoman said an expert was called to examine the car, but detectives still plan to interview Wilson in connection with the deaths.

The retraction leaves important questions about the incident unanswered. Carbon monoxide poisoning is a well-known danger that kills about 440 people in the United States every year and sends about 15,000 others to emergency rooms. Running but parked cars are one common source of carbon monoxide gas; others include generators, space heaters, and indoor charcoal and wood fires. Carbon monoxide can be breathed but doesn’t carry oxygen into the body, causing dizziness, confusion, lethargy, nausea and vision problems. Because these symptoms are common and can harm decision-making, victims may not realize they are being poisoned until it’s too late.

If Wilson had left the car running overnight in a closed garage, as originally suggested, she could have been found negligent -- a word used in the law for failure to exercise a reasonable degree of care. Not only could she have been charged with a crime, but she would have been liable in any Deerfield Beach wrongful death lawsuit brought by other relatives of the victims. Close family members in Florida have the right to sue people whose carelessness or deliberate actions cause the deaths of their loved ones. That’s true whether or not Florida prosecutors have chosen to file criminal charges related to the death.

If you’ve lost a loved one through someone else’s bad decisions, Cohn, Smith & Cohn would like to help. Our Jupiter wrongful death lawyers can’t bring back a lost person, of course, but we can help clients throughout South Florida demand justice and defray some of the serious financial problems a death can cause. In a Opa-Locka wrongful death lawsuit, we can help clients recover the financial costs of the death, including funeral costs, medical bills and lost income, as well as compensation for their own grief and losses. To learn more about your rights at a free, confidential consultation, please contact us via email or call our main Broward County office at (954) 431-8100.

Posted On: June 3, 2009

Cape Coral Police Officer Critically Injured in Motorcycle Crash With SUV Driver

A police officer in Cape Coral is hospitalized in intensive care after his motorcycle was hit by an SUV, the Fort Myers News-Press reported June 3. Officer Damien Garcia was on motorcycle patrol for the police department when an SUV made a left turn in front of him, causing him to hit the back of the vehicle at about 40 miles per hour. He was taken to the hospital with life-threatening head injuries. No charges have yet been filed, according to the Florida Highway Patrol.

The article said Garcia was heading south in the left lane of Cultural Park Blvd. on the afternoon of June 2, with a car in the right lane. That car slowed to make a right turn, possibly obscuring Garcia from the view of driver Josephine Pierce, who pulled out to make a left onto Cultural Park. Garcia’s motorcycle hit the back of Pierce’s SUV, causing a slideout that broke his leg and left him with severe head injuries. Pierce did not comment for the article.

As a Fort Lauderdale motorcycle accident lawyer and a motorcyclist myself, I wish Garcia and his family the best of luck. If anything positive can come of such a terrible accident, however, I hope it’s more awareness on the road from both drivers and motorcyclists. According to multiple studies, one of the most common reasons drivers give after a crash with a motorcycle is that they simply didn’t see the bike. Despite the rise in motorcycles’ popularity, many drivers still don’t expect to share the road with motorcycles, and it’s easy to miss things you’re not looking for. Florida drivers should always consider motorcycles before making their turns -- and motorcyclists are safest when they assume drivers can’t see them and ride accordingly.

If you or someone you love was involved in a serious motorcycle accident, you should call us at Cohn, Smith & Cohn right away. I believe I offer an added advantage as a Pompano Beach motorcycle accident attorney representing motorcycle accident victims: I understand what motorcyclists are up against on Florida roads, because my wife and I both ride. I will aggressively protect motorcyclists from the shenanigans insurance companies get up to after an accident, including trying to blame riders for their own injuries because they were riding legally without a helmet. If necessary, I am more than happy to file a Plantation motorcycle accident lawsuit to get my clients the money they need for medical bills, repairs, lost income and compensation for their injuries, pain and emotional anguish.

To set up a free, confidential consultation with Cohn, Smith & Cohn, please contact us online or call (954) 431-8100 today.