South Florida Injury Attorney Blog

As a Miramar boating accident attorney, I know Florida typically leads the nation in sheer number of boating accidents, avoidable tragedies that affect both our own citizens and our tourists. That’s why I was pleased to see an Oct. 16 article in the Tallahassee Democrat saying that younger boaters in Florida will soon be required to pass a safety course before they can hit the water. The Florida Fish & Wildlife Conservation Commission, which is responsible for regulating recreational boating in our state, made the rule effective Jan. 1, 2010. The FWC also lowered the threshold for an enhanced penalty for boating under the influence to match the DUI threshold of 0.15%.

Under the new requirement, any boater 21 or younger must take an approved safety course to legally operate a boat. They then have 90 days to submit their certificates of completion to receive the boating safety ID card. The requirement expands on an existing boating safety course requirement that applies to people who have committed certain boating infractions or crimes. It also puts Florida in the company of in 41 other states that require boating safety education for at least some boaters, including neighboring Georgia and South Carolina. The Democrat quoted a FWC official saying that boating registrations are increasing in Florida, adding to about a million registered vessels in the state and increasing the need for safety training.

As a Hallandale Beach boating accident lawyer, I’m very pleased that the FWC has taken this step, although I would prefer that the requirement apply to boaters of all ages. The FWC’s accident statistics for 2008, the most recent report available, said that 73% of all boating accidents and 93% of fatal accidents involved boat operators with no boating education. Those statistics make a strong case that training matters. Furthermore, the majority of boats involved in accidents are motor vehicles just like cars and trucks -- but often even bigger. Most of us wouldn’t dream of allowing unlicensed, untrained drivers on the roads, particularly child drivers. The same should be true on the water, where there are no marked lanes and boat operators may be more likely to drink.

Continue reading " New Law Will Require Boaters Under 22 to Complete Boating Safety Course " »

As a motorcyclist and a Coral Springs motorcycle accident attorney, I was disappointed but not surprised to read that a motorcyclist had died in Lake County after a driver turned left into his path. As I have written here in the past, this is one of the most common configurations for a multi-vehicle motorcycle crash. I was also not surprised to see that law enforcement drew blood from the driver to test for impaired driving, something that police must have probable cause to do in Florida. But an Oct. 25 article in the Orlando Sentinel offered a new twist: the left turner is a well-known business and community leader, raising concerns that prosecution may be less than fair.

According to the article, driver Bruce Duncan, 46, left the Florida Gators game early on Oct. 17, heading home to Mount Dora. Around the same time, motorcyclist Herbert “Steve” Muller, 61, was headed home from Biketoberfest in Ormond Beach Oct. 17. The retired postal worker and Navy veteran also lived in Mount Dora. He was headed straight on Wolfbranch Road just as Duncan made a left turn from that road into his subdivision. The Florida Highway Patrol said Duncan’s pickup truck hit Muller, killing him. Troopers drew blood at the scene and impounded the truck, but did not arrest Duncan. Results from the blood test are expected in eight weeks, but according to the article, Muller’s family is concerned that Duncan’s numerous connections in Lake County, including stints in the public defender’s and county attorney’s offices, will allow him to sweep the incident under the rug.

The Florida Highway Patrol promised in the article that Duncan’s background would not affect its investigation. As a Plantation motorcycle accident lawyer, I hope that’s true. According to the article, Duncan has served in county government several times, is a community booster and sits on two boards in addition to running his own local business. It would not be unprecedented for such a person to receive outright favors or well-intentioned sympathetic treatment from friends and former colleagues, before or after the FHP has done its job. There’s no evidence yet to suggest any impropriety, of course; the investigation is still underway. But a motorcyclist has died, apparently through no fault of his own; his family is legally entitled to the same justice anyone else would receive.

Continue reading " Fatal Motorcycle Crash Involving Prominent Lake County Man Raises Fairness Concerns " »

A young woman from Miami was convicted of vehicular homicide for hitting two motorcyclists with her car, the South Florida Sun-Sentinel reported Oct. 16. Dominique Brice, 26, was found guilty Oct. 14 of killing the two motorcyclists through reckless driving. Fritz Doucet, an off-duty North Miami police officer, and his friend, West Palm Beach computer technician Raul Ortiz, were headed to Bike Week in Daytona Beach when they were hit by a speeding Brice. Brice and her defense lawyer had argued that another vehicle forced her car out of control, and that she was just changing lanes. She faces up to 30 years in prison when she is sentenced Nov. 25.

According to a witness, Brice was driving on Interstate 95 at greater than 80 mph and cutting off other vehicles in traffic, causing the witness to call 911 and report a reckless driver. At the same time, Doucet and Ortiz had pulled to the side of the highway and seemed to be looking at a map, the witness said. When Brice’s car slammed into them, the force knocked both men into the bushes and broke the motorcycles into pieces. The article does not say whether Brice or her passengers, who included her brother and her two young children, were hurt. Doucet left behind children of his own, a girlfriend and other relatives; Ortiz is survived by a sister, Carmen Sanchez of New Jersey.

As a Coral Springs auto accident lawyer, I hope reports like this raise public awareness of the terrible dangers of speeding and reckless driving. These issues don’t get the attention that drunk driving or texting and driving typically receive, but as this article illustrates, they can be just as deadly. Our vehicles may be able to go 80 mph or faster, but drivers can’t increase their reaction times to match the faster speed of the vehicle. That means that any unexpected event in front of the vehicle can be deadly, leaving the driver no time to react. The dangers can only be compounded when drivers engage in the weaving and quick lane changes attributed to Brice, described in this article as “like a NASCAR race.” The terrible truth in an accident like this is that the victims could be anyone around the reckless driver -- that is, they were just in the wrong place at the wrong time.

Continue reading " Driver Found Guilty of Vehicular Homicide in Deaths of Motorcyclists " »

A series of cancer deaths among pets has bolstered suspicions that environmental contamination in The Acreage may be causing a human “cancer cluster” as well. According to an Oct. 18 article in the Palm Beach Post, the rate and types of cancer diagnosed in some pets in the community make some residents suspect their pets’ use of well water to drink and bathe may have caused their tumors. The theory follows suspicions among residents of The Acreage that radioactivity in the well water the community uses has created its higher-than-average rate of cancer in human residents, attracting the attention of environmentalists and West Palm Beach premises liability attorneys.

According to the article, the Ceraulo family of The Acreage has seen its two German shepherds die of a type of cancer called hemangiosarcoma in the past four years. The disease is common among German shepherds, but not among cats, which is why the family was surprised when their cat, Sylvester, was also diagnosed in September of this year. Other residents of The Acreage report tumors and cancer-like diseases in their pets, but still others say they’ve had pets for years on the land without trouble. A veterinary oncologist told the newspaper that pets may be bellwethers for conditions that affect humans because they have shorter lives and are closer to the ground.

Because nobody keeps records on cancer in pets, it’s not clear whether there’s an unusually high incidence of cancer at The Acreage. But if there were, it would add fuel to a controversy ignited by an unusually high rate of cancer among human beings in The Acreage. An investigation by the state found that 10% of the water in randomly selected wells had levels of radiation that exceeded state standards, and a private study confirmed those results. Some residents believe the radiation is an aftereffect from the neighboring plant for jet and rocket developer Pratt & Whitney, a defense contractor with a history of toxic spills that nearly made it a Superfund site. A recent town hall meeting on the subject in West Palm Beach attracted Erin Brockovich, a consultant and environmental activist who became famous after a movie about her work on a similar “toxic tort” case in California.

As a Boca Raton premises liability lawyer, I’m glad this issue is getting the attention it deserves. Cancer is a devastating disease. If toxic exposure turns out to be the cause of the cancers in this community, residents deserve to know about it as soon as possible. Under the law, the source of pollution or other toxic exposure is responsible for any harm to human beings that results. (It would also be responsible for harm to their property -- which, under the law, includes pets.) It’s too soon to say, but in this case, that source could well be Pratt & Whitney. If so, the company would be legally liable for all of the injuries the radiation caused, including the cancers themselves as well as related costs like medical treatment and the cost of moving to a community without the contamination.

Continue reading " Pet Deaths Fuel Cancer Cluster Suspicions Among Humans in The Acreage " »

A little boy died by drowning in a swimming pool at a vacant home, the South Florida Sun-Sentinel reported Oct. 12. Isaac Dieudonne, 2, apparently wandered into the back yard of the home next door to his family’s late on Oct. 11. A relative called the police at 7:40 p.m. to report the boy missing, but soon after, he was found in the pool. A door in the fence of the home’s back yard was open, as was a door in a screen surrounding the pool. Paramedics took Isaac to the Joe DiMaggio Children’s Hospital, but he was pronounced dead at around 8:30 p.m. the same night. Law enforcement is investigating whether anyone should be criminally charged in the case.

As a Fort Lauderdale premises liability lawyer, I can’t help wondering who was responsible for the upkeep of this vacant home. If the home had been foreclosed, as so many in South Florida unfortunately have been, it is most likely a bank-owned property. That would mean the bank itself was responsible for the home’s upkeep -- and therefore, for creating the conditions that led to the little boy’s death. That would be true even if vandals had opened the gates, as long as the bank or its agent had a reasonable amount of time to fix the problem. In that sense, Isaac Dieudonne may be an indirect victim of the recession. Of course, none of this addresses the issue of whether the adults watching him may also have been negligent, but this would not remove liability for the property’s owner; it may simply reduce the damages in any lawsuit.

Under Florida premises liability law, owners and operators of properties have a legal responsibility to maintain them safely for visitors. That duty includes a duty to take reasonable steps to prevent foreseeable hazards, including hazards that might cause an accident, like puddles of oil, as well as foreseeable violent crimes. Because these cases are frequently called “slip and fall” cases, they may seem like minor matters -- but as you can see from this article, premises liability cases can and do involve wrongful deaths and catastrophic injuries. Most commonly, our Miami Gardens premises liability attorneys handle cases involving injuries in public places, such as stores and restaurants. However, government agencies and owners of private homes are also liable, as long as the injured person was not trespassing.

Continue reading " Miramar Toddler Dies After Drowning in Swimming Pool at Neighboring Vacant Home " »

As a Pembroke Pines elder abuse attorney, I was disturbed to see an article in the South Florida Sun-Sentinel Oct. 12 about a man’s arrest for neglecting his elderly mother. Paris Martz, 40, was arrested and charged with elder neglect, resisting arrest and battery on a law enforcement officer after an Oct. 11 run-in with police. Neighbors called 911 after seeing smoke coming from the back yard of the Wilton Manors home where Martz lived with his 78-year-old mother. However, when police arrived, they were met by an angry Martz, who told them they were “the enemy,” told them to leave and struck an officer in the groin and chest. His mother then ran out of the home, nude and covered in feces, screaming for help.

When police entered the house to respond to the fire call, they discovered stacks of newspapers and other trash so high that they formed only narrow passageways, as well as feces in the hallway. The house has been condemned as unfit for habitation by the county, and the mother was taken to a hospital for examination. According to neighbor Thomas Miller, Martz and his mother had always been strange. Miller and others said they had seen the mother sitting in a lawn chair in the driveway, naked and caked in feces, and screams came from the house at night. Martz himself liked to experiment with small explosives in the back yard. The Florida Department of Children and Families acknowledged having been in contact with the family already, and Miller said he and others had called the DCF’s Elder Abuse Hotline about them.

I wrote earlier this month about Florida’s spotty regulations requiring background checks for people who work with the elderly and disabled in institutions. While this is a serious problem, nobody at all checks the background of people who care for their own relatives. In fact, statistics show that the majority of elder abuse, exploitation and neglect cases involve victims living outside a facility. Just like people in nursing homes and other assisted living facilities, these victims depend on others for daily needs -- which can sometimes make it hard for them to object to or report abuses. My job as a Cooper City elder abuse lawyer is to help these victims and their families hold perpetrators legally and financially responsible for their terrible actions.

Continue reading " Broward County Man Arrested for Elder Neglect After Police Find Mother Naked and Filthy " »

The family of a nine-year-old boy who lost all of his fingers and suffered serious burns in a go-kart accident has sued both the go-kart manufacturer and the track. The South Florida Sun-Sentinel reported Oct. 5 that the Olmstead family has sued the Palm Beach International Raceway, vehicle manufacturer Carter Bros. and engine manufacturer Briggs & Stratton. No damages were specified, but the family’s Palm Beach County injuries to minors attorney said he expected the recovery in the case to be high. The U.S. Consumer Product Safety Commission, which enforces safety rules for most products, is investigating the safety of the go-kart involved.

The victim, Devin Olmstead, visited the racetrack with his father in May of this year with a go-kart the family owned. According to the article, Devin was racing when he hit rough, uneven pavement, causing the kart to flip and burst into flames. Devin was trapped, and the lawsuit says the track didn’t have personnel, fire extinguishers or emergency phones on hand. Instead, a bystander came to Devin’s aid. Unfortunately, all ten of Devin’s fingers were lost in the fire and he suffered burns from his chin to his torso. In an unrelated motorcycle crash Oct. 4, motorcyclist Isidro Castillo, 32, hit a wall at the racetrack and is hospitalized in critical condition.

As a Pembroke Pines child injury attorney, I already keep a close eye on all accidents related to children and motor vehicles. Motor vehicle crashes are the leading cause of death for American children ages three and older, and accidents with ATVs -- which children may legally operate in most states -- kill more than 100 kids nationwide each year and injure around 150,000 others. Unlike ordinary motor vehicles, go-karts are specifically designed for children, which makes it all the more important that manufacturers ensure that their products are not unreasonably dangerous, even for inexperienced younger drivers. The same goes for racetracks open to children and teens, which have a legal responsibility to make sure their young clients are not exposed to undue risks.

Continue reading " Family of Boy Disabled in Go-Kart Accident Sues Palm Beach International Raceway " »

A Broward County teenager and her family made headlines Oct. 5 when they won $4.3 million in a medical malpractice lawsuit. According to an Oct. 5 article in the South Florida Sun-Sentinel, the Kroll family sued doctors at Coral Springs Medical Center for allegedly misdiagnosing a virus that affected their daughter Haylee when she was just a newborn. Now 15 and a sophomore at Deerfield Beach High School, Haylee has vision problems, a learning disability and permanent cirrhosis of the liver attributed to the illness, called an enterovirus, that affected her as an infant. The medical center was not a defendant in the case, but the jury found two doctors, Jose Colindres and Sedigheh Zolfaghari, liable for Haylee’s injuries. Two other doctors were found not liable.

The enteroviruses are a group of viruses with effects ranging from the common cold to polio, meningitis and other serious illnesses. They are a serious threat to newborn babies who have not yet fully developed their immune systems. The first sign of trouble for the Krolls was when Haylee developed bruises and jaundice; a few days later, she had a brain aneurysm. They said doctors at first told them not to worry, then said to expect Haylee’s death. They contended in their suit that doctors failed to run blood or liver tests that could have helped them diagnose the enterovirus sooner, helping them to avoid the permanent damage to Haylee’s body. The case was first filed when Haylee was around two years old, but was only decided now because of scheduling issues and a 2007 mistrial.

The Sun-Sentinel offered a video interview with Haylee and her mother, Cynthia Kroll:
 

The $4.3 million the family won may seem exceptionally large to some observers. But as a Fort Lauderdale medical malpractice attorney, I am not surprised by such a verdict in this type of case. Medical malpractice claims must cover all of the costs of the injury, including all past and future costs of medical treatment, over the victim’s entire lifetime. Unfortunately, brain injuries like Haylee’s will never go away -- they will always affect their victims to some degree, and likely always need some amount of extra medical attention. For the same reason, Haylee will always struggle with her vision and learning problems -- that is, she is permanently disabled. The $4.3 million judgment covers all of these injuries and others, as well as compensation for her family’s suffering.

Continue reading " Family Wins Medical Malpractice Lawsuit Over Failure to Diagnose Newborn’s Virus " »

As a Harley rider and a Davie burn injury attorney, I was dismayed to read about serious burns a sheriff’s supervisor sustained in an unusual accident. The Palm Beach Post and WPEC reported Oct. 5 that Richard Ragali, a Palm Beach County sheriff’s sergeant, was burned over nearly 60% of his body Oct. 2 when he was caught in a fuel fire at a gas station. The fire reportedly started when Ragali’s Harley-Davidson fell over during a stop for gas, igniting a puddle of gas left on the ground and pinning him under the bike. He suffered serious burns and is hospitalized in serious but stable condition. No one else was hurt, although two children were rescued from a nearby minivan that was ignited.

I’m sorry to say that the burn injuries this article describes sound very serious. Doctors use burn percentages to determine whether the patient should be hospitalized and the treatment he or she receives. For patients with moderate burns, about 10% is the threshold for hospitalization; more severe third-degree burns may require hospitalization if they affect just 1% of the body. At 60%, Rigali has lost so much skin that his body may have lost its ability to regulate basics like temperature and hydration. He also faces infection and, once he recovers, scarring so severe that it could limit his physical movement. As a Pompano Beach burn injury lawyer, I’m glad he was able to get to the trauma center so quickly, which substantially raises his chances of a good recovery.

I am also interested in the chain of events that started this fire, which will be very important when Rigali and his family begin to consider insurance claims and legal responsibility for this terrible accident. A small amount of spilled gasoline is almost inevitable at any gas station, but a large spill may constitute an unreasonable and serious safety hazard. If that’s the case, the operator of the station may be legally responsible for failing to clean it up. If the motorcycle slipped from a seemingly secure kickstand or center stand, the stand may also be defective, making the manufacturer liable for designing and selling a defective part. An experienced attorney should be able to negotiate with insurance companies for the at-fault parties -- or, if necessary, sue to recover the victims’ costs and damages.

Continue reading " Off-Duty Sheriff’s Sergeant Critically Injured When Fuel Catches Fire at Gas Station " »

As a Pembroke Pines elder abuse attorney, I was disturbed to read in the South Florida Sun-Sentinel Sept. 27 that thousands of people with criminal records are working around elderly and disabled people as caregivers and aides. People with certain kinds of criminal record are not supposed to work with elderly or disabled patients, the newspaper said, but state-granted exemptions, poor record-keeping and inconsistent laws have allowed many to slip through the cracks. Some caregivers’ records are only checked for criminal offenses in Florida; others are legally allowed to begin their jobs before a background check is back; and some types of worker and crime are not checked at all. As a result, the newspaper said, Florida patients have been assaulted, robbed and neglected by people who should never have been working with them.

The newspaper cites several stories, including one involving caregiver Tierra Henry. Henry had been convicted of aggravated assault, which should have disqualified her from working at a group home for cerebral palsy patients. The home’s director said an FBI check into Henry through the Florida Department of Children and Families came out clean, but a Florida criminal record check should have turned up her conviction. None was undertaken. A year into her job, Henry was caught grabbing a disabled resident and pushing her to the floor, which led to a four-year probation term for aggravated assault on a disabled person.

Another caregiver in the article was Phillina Anderson, who was facing forgery charges when she applied at a nursing home in Palm Beach County. Despite the charges, her background check came up clean and she was hired. A few years later, Anderson became upset at an elderly resident who had Alzheimer’s as well as a past stroke. According to a report, Anderson slapped the woman “extremely hard” and told her to shut up. Only after the incident did Anderson’s employer learn that she had been accused of abuse at another facility, which never reported that incident. Anderson was convicted of abuse of an elderly person and served three months in prison.

As a North Miami Beach elder abuse attorney, I am disturbed to learn that there’s so little preventing people with bad histories from working with helpless older and disabled people. People enter group homes, nursing homes and other assisted living facilities because they can no longer live on their own, which makes them easy targets for people without their best interests in mind. The state background check requirement is supposed to weed out bad caregivers, but as the article notes, background check requirements are patchy and inconsistent. As a result, the most vulnerable people in our society are at risk of physical abuse, robbery or worse, and they are often too frightened or too unwell to speak out until it’s too late.

Continue reading " Newspaper Report Finds Seniors and Disabled Victimized by Caregivers With Criminal Records " »