Posted On: May 30, 2012

Pool safety and premises liability

Summer is here and pool safety is a priority for all home owners, condo associations, hotels, resorts and the local parks across South Florida. We have seen reports on the television and in the local newspapers stories about children drowning in pools due to poor supervision. These drowning incidents can sometimes be ruled as accidents and no negligence found, but they can are become all too common during the upcoming summer months.

I posted an article last year about pool safety and I’m just going to go over some of the safety tips for you as an owner:

1. Always ensure an adult or two is supervising the children at ALL times.

2. Install a four-sided barrier (such as a fence with gates that automatically close) around the entire pool area.

3. Install alarms on pool gates so that you know if anyone enters the pool area while you're not watching.

4. Use safety covers to prevent drowning while the pool is not actively in use.

5. All adults and children who use the pool should know how to swim.

6. Get basic CPR training and first aid training to help victims in case of an accident.

7. Install an outdoor phone line or keep a cell phone handy to quickly reach emergency services should and accident occur.

Following these basic steps and developing some of your own precautions to ensure the safety of your guests, should relieve you of some liability. You should always seek legal counsel to ensure that your rights are reserved.

If you have experienced the loss of a loved one on someone else's property, it is critical that you contact a Fort Lauderdale premises liability attorney to represent your case. At the Law office of Cohn and Smith we have represented victims of this type of injury. Please do not hesitate to contact any one of our offices for your free consultation via phone 954 346 0607 or 305 624 9186 or visit us online.

Posted On: May 25, 2012

Caught up in a Car chase

Earlier this month here in South Florida, there was a incident where the turnpike was shut down from the Golden Glades interchange to the Interstate 595 due to a series of events stemming from a car jacking that began in Northwest Miami-Dade just around mid afternoon. The car-jacker first car jacked a vehicle in Miami-Dade then headed into Broward county, where he robbed a barber shop in Pembroke Pines and fired his weapon he then dumped the first car that was stolen and “jacked” another.

In his escape he entered the turnpike heading north but crashed into a vehicle, what if you were the victim on that crash, you are heading home after a day on the job and you are involved in this chase. What is your next step, first after seeking medical attention should you require you should contact an experienced attorney in this type accident.

At the Law Office of Cohn and Smith our experienced staff will assist and guide you thru this ordeal. We will first review your case to ensure that your rights are reserved, we will protect your rights as a victim and ensure that you receive the proper compensation that you deserve for your damages.

Should you or a loved one be the victim of this type of injury please feel to contact our office for your free consultation. We can be reached at 954 431 8100 or 305 624 9186.

Posted On: May 23, 2012

Getting ready for the rainy season

In South Florida, our equivalent of snow storms is our Hurricane season. Hurricane season officially begins in June and ends in November. For the last couple years South Florida has been extremely fortunate and not been hit by any major hurricanes. Let’s pray that this 2012 hurricane season will be the same.

We may not have had category 3-5 weather but we have had some thunder storms with extremely heavy downpours and even some golf ball size hail. This type of weather makes driving conditions extremely hazardous as the roads tend to get slippery which in turn can cause hydroplaning, which in turn causes automobile accidents. Hydroplaning is caused when there is a combination of oil, dirt, and water that make the roads slick and tires have a harder time getting traction causing this effect. SLOW DOWN. Quite a bit of road accidents that occur during this season are normally caused from motorists who were driving too fast in these slick conditions. Should you become a victim of a motor vehicle accident due to the recklessness of another driver, you should seek legal counsel to ensure you receive proper compensation for injuries and damages that you may have sustained due to negligent driving of others.

If you or a loved one has been injured in an accident caused by someone driving negligently in wet conditions, contact an experienced personal injury attorney who will know your rights and get you proper compensation. You can contact our offices for a free consultation at 954 346 0607 or 305 624 9186 or visit us online. We have offices located across Broward and Miami-Dade County, and my staff is ready to assist you with your claim.

Posted On: May 21, 2012

20yr old injured whilst riding

A bicyclist on his way home was injured whilst riding his bike on the pavement just a few blocks from his home in Fort Lauderdale, Florida. The accident occurred just after midnight, whilst he was on his way home from his job.

The victim a 20yr old was riding home when the bicycle hit an uneven part in the pavement and threw him off his bike causing him serious injury. Paramedics were called to the scene as the bicyclist was found to be seriously injured; he was taken to Broward General Hospital where he was kept for a few days as his injuries warranted observation.

Police investigated and noted that besides the uneven pathway the area was also not properly lit. The family of this victim has since sought legal counsel from an Attorney experienced in this type of accident/injury for compensation for the damages and medical bills. The family of this victim may be able to file a claim against the city for liability re the pavement where the incident occurred. The family should take pictures of the immediate area at day time to show the pavement area and at night which will show the improper lit area.

As an Attorney practicing in Fort Lauderdale and its environs of Sunrise, Plantation, Weston, Davie, Cooper City, Miramar, Pembroke Pines and Hollywood, we receive calls daily from victims of accident injury who are unsure whether they able to file claim and against whom. In this situation the family sought immediate legal counsel from an experienced would have gotten proper advice as to correct steps to follow.

Should you or a loved one be the victim of a bicycle injury, contact us online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation to see legal counsel, or visit us online.

Posted On: May 18, 2012

Trucking Accidents - Procedures

Practicing law in South Florida for over 30 years my office has represented many victims of truck accidents, some with serious injuries and damages.
We have represented victims that have covered all their bases in providing us with all the information they possibly can to assist in building a strong case.

Please take the time to review some procedures that you as a victim should follow to ensure that you have the strongest case built on your behalf therefore ensuring that you or your family member get the compensation that you deserve:

Seek medical attention - Document all your injuries and keep proper records pictures of your injuries. Any medical care you may have received from the injury including any rehab or therapy you will need to provide to your personal injury attorney to support your personal injury claim.

Photographs of Scene and Vehicles - Photographs and videos of the physical evidence and all motor vehicles involved should be taken immediately in their after-impact position. Take photographs of the immediate area where the accident happened, specifically the roadways .

Witnesses – If there were witnesses, you should get their names and contact information, as they will be able to assist in providing additional information to your attorney.

Police reports - Request a copy of the police report and accident scene diagram to submit to your personal injury attorney.

Notification to Trucking Company – The Company that owns the tractor trailer should be notified in writing as soon after the accident as possible to keep and maintain certain records and documents which will be important in pursuing the truck accident injury claim.

If you or a loved one has been injured in an truck accident, contact an experienced personal injury attorney who will know your rights and get you proper compensation.

You can contact our offices for a free consultation at 954 346 0607 or 305 624 9186 or visit us online. We have offices located across Broward and Miami-Dade County, and my staff is ready to assist you with your claim.

Posted On: May 16, 2012

Sunrise crash

The Sunrise Police Office was investigating a traffic accident in which a SUV crashed into a storefront window. The accident occurred at Sunrise Pita, on North University drive, just around 5.30pm last Tuesday.

Ron a regular at Sunrise pita was about to step up to place his order when a car suddenly crashed through the front of the store, the driver of the vehicle apparently made an attempt to reverse out of a parking spot but had to stop and pull forward back into the spot to avoid hitting another vehicle that was passing behind his car, once the car had crossed, the driver made another attempt to reverse but forgot that he had put the car in drive, and that was when his car crashed through the store front window injuring Ron who was about to place his order.

911 was called and the paramedics took Ron and the driver of the vehicle to the local hospital, luckily the injuries they both sustained were not major, but Ron’s injuries were serious enough for him to be hospitalized for at least a twenty four hour observation.

Ron sought legal counsel from an experienced Fort Lauderdale personal injury attorney who assisted him in filing personal injury claims against the driver of the other vehicle for loss of wages and compensation for medical bills.

Should you or a loved one become the victim of an accident, contact a personal injury attorney to ensure you receive proper compensation for any injuries you may have sustained. Contact us at 954 431 8400 or 305 624 9186 or visit us online for your FREE consultation. We have offices located across Dade and Broward County, and our experienced staff will review your case and advise you of your legal rights and ensure you receive proper compensation for your losses and damages you may have incurred.

Posted On: May 14, 2012

Always seek Legal counsel

Some South Florida personal injury attorneys will tell you that in conversation with some of their clients who was a victim of a minor accident; sometimes don’t always seek legal counsel from an attorney as they don’t think they have enough grounds to file claim or suit.

At our office we have had victims and their family members after reaching out to us state that initially they were reluctant to contact as they thought they did not need out help or they thought they could not afford an attorney. What these victims don’t realize is that in most accident and personal injury claims, legal fees are paid on a contingency basis, meaning that the attorney collects a percentage of the total recovery and no legal fees are paid up front by the victim. Always seek legal counsel.

Hiring an attorney experienced in personal injury will assist you as the victim to recover compensation for medical bills assist you in recovering compensation to repair your vehicle and any other hardship costs that you as the victim may endure.

At the Law Office of Cohn and Smith we will work with you to ensure that get the compensation that you deserve. Please feel free to contact us at 954 431 8100 or 305 624 9186 or visit us online for your FREE consultation.

Posted On: May 11, 2012

Car Pool hazards

There can be no amount of pleas that we see daily in the media about the dangers of texting and driving. I was actually privy to an accident that stemmed from the driver texting and not paying attention to the traffic.

I was picking up my daughter at her school where there are numerous signs “No TEXTING whilst in the Car Pool Lane”, the driver a teenager was apparently texting whilst in the lane, and not paying attention to the flow of the traffic, hit the car in front of her when they stopped to make the pick up. Luckily for her there was no damage to the car or the child that was about to enter the vehicle, but she was not that lucky to avoid a ticket from the cop that was on patrol at the school. She was given a stern warning from the cop and a ticket.

This incident could have been worse, the child may have been entering the car and with the impact from the car behind been hurt, another scenario could have been where the “texter” not paying attention not see a pedestrian crossing and come into contact with them causing them injury. These are just some of the cases we have seen at our firm. We always advise if you are a victim of this type of accident, you should contact an attorney experienced in personal injury to ensure that your rights are reserved.

Our offices are located all over South Florida and we offer free consultation. We can be reached at 954 346 0607 or 305 624 9186 or online. My staff will review your case to ensure that your rights are protected and you get the compensation that you deserve.

Posted On: May 9, 2012

General Information Medical malpractice

What is Medical Malpractice?? Well, medical malpractice occurs when a medical practitioner or doctor acts in a negligent manner when treating a medical condition. It can occur from an action taken by the medical practitioner, or by the failure to take a medically appropriate action there fore causing injury.

How do you know if your doctor is liable? Your doctor may be legally liable if the patient has not given informed consent to a medical/surgical procedure that result in harm to the patient. A medical practitioner may also be legally liable if a patient does not give "informed consent" to a medical procedure that result in harm to the patient. Let’s say your doctor fails to inform you that the surgical procedure or operation that you will be undertaking has a 50% chance of causing paralysis. You as the patient were not given the necessary information to make an informed choice to either choose or refuse the procedure/operation. So, if you decide to have the operation and is paralyzed as a result you may have grounds to file a medical malpractice claim as your doctor may be liable even if the operation was a success, as you may have refused the surgery if you were informed of the risks.

What about if you are not harmed by your doctor’s error? You may not be able to recover for damages as a result of the error. Let me explain a little bit more: if your doctor misdiagnoses a pain in the tummy as an appendicitis, surgery is scheduled but the surgery discloses that pain is the result of a perforated ulcer; you the patient would have required the surgery to repair the ulcer, therefore you will probably be unable to file suit, as the surgery was necessary even with the correct diagnosis. However, if you were only suffering from indigestion, any unnecessary surgical procedure most likely will support a malpractice action.

As a Fort Lauderdale Attorney we always advise you to seek legal counsel from an attorney who specializes in medical malpractice law, and who has the resources necessary to develop your case, hire appropriate experts and, if necessary, to take your case to trial.

At the Law Office of Cohn and Smith we will evaluate your case, review all the information that you have provided and will advise you accordingly. We can be reached at any of our offices located in Fort Lauderdale, Coral Springs or Pompano, online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Posted On: May 7, 2012

Personal Injury Dangers

Whilst doing my research for news that would interest the readers of my blog I stumbled up on this article that was posted in the Miami Herald back in April 2012, see story below.

Miami Herald, Miami, FL 04/27/12 -- A Kentucky woman is suing a dentist, accusing him of dropping a small screwdriver down her throat that migrated to her digestive tract and later required surgery to remove.

The lawsuit was filed Thursday in Fayette Circuit Court in Lexington by 71-year-old Lena David of Nicholasville. David claims Dr. W.B. Galbreath told her to try to regurgitate the screwdriver and then sent her for X-rays when that did not work.

Galbreath did not return a message left at his office Friday by The Associated Press.
The lawsuit says that the X-rays showed the screwdriver in David's stomach, and that the dentist discharged her with instructions to "eat a diet high in fiber."

In June 2011, about a month after swallowing the screwdriver, David checked into a hospital with abdominal pain and had to have the screwdriver removed.

I did not post this article to get you scared or even more nervous about your upcoming dentist visit, but it’s just a reminder that you can be the victim of personal injury at any time and place.

You should always seek legal advice from an Attorney experienced in personal injury to ensure your rights are reserved. At the Law Office of Cohn & Smith, who will evaluate your claim for free and fight to get you the compensation you deserve.

We can be reached at any of our offices located in Fort Lauderdale, Pembroke Pines or Weston, online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Posted On: May 4, 2012

Definition of Premises Liability

I’m just going to go over the definition of Premises Liability as some of you may not be familiar with the term and may not know whether you have valid reason to file a claim or not.

Basically, “Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises”, that was pretty basic no need for additional explanation there. We have found though that in some states some premises liability cases such as “slip and fall” sometimes favor the owner of the premises, therefore as a Fort Lauderdale Attorney representing victims of this type of injury I always advise to see legal counsel to ensure you know your rights.

Some premises owners are responsible for the immediate property keeping it clean and clear of debris, also, they are responsible for keeping the sidewalks in front of their premises clear. They must maintain their premises so as not to pose a danger to members of the public who are passing by on street or sidewalk immediately infront of their premises, to avoid injury.

Here are some examples of premises liability cases:

- Slip and Fall – slip and fall injuries can happen anywhere and is mostly due to improper notification of an immediate wet area hence “slip and fall”;

- Injury on property – can be due to the owner of the property not maintain their property and you hurting yourself, your injury can stem from tripping on a ‘twig’ or ‘branch’ whilst walking on the property grounds; I have had a case where someone was entering a property and one of the steps they were climbing to enter the premises gave way and they were injured.

Those are just a few examples but they are most common, like I always say always consult an attorney specialized in this type of law. At the Law Office of Cohn and Smith we will evaluate your case, review all the information that you have provided and will advise you as to whether you can file a claim for damages.

We can be reached at any of our offices located in Fort Lauderdale, Coral Springs or Pompano, online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Posted On: May 2, 2012

For the Boaters

Summer is almost here, well that’s according to the calendar, but the meteorologists will say different. Boating is a part of life for many people in South Florida. Unfortunately, with so many people taking their boats out, boat accidents are bound to happen.

As an attorney in South Florida we have represented numerous boat accidents and you would be amazed that these accidents can occur for many of the same reasons auto accidents do.

Here are some examples of reasons for boating accidents: BUI –boating under the influence; careless or reckless driving; aggressive driving; driver inexperience and negligence.

Here are some examples of the consequences of boating accidents: sinking; loss of life from drowning; fire and explosion; flooding and capsizing.

Unlike cars, boats do not require any sort of licensure prior to being operated. Unfortunately, this means that some inexperienced and irresponsible individuals are allowed to operate boats. These people often cause boating accidents. Admiralty and Maritime rules and laws govern boat accidents. These laws can be confusing, and may make it difficult to establish the cause and determine who is at fault for the accident; therefore contacting an experienced attorney in these types of accidents is extremely urgent to ensure that your rights are reserved.

If you or a family member has been involved in a boat accident anywhere in South Florida, please contact one of our experienced boat accident attorneys from the Law Office of Cohn & Smith, who will evaluate your claim for free and fight to get you the compensation you deserve. We can be reached at any of our offices located in Fort Lauderdale, Pembroke Pines or Weston, online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.