South Florida Injury Attorney Blog

As an Aventura wrongful death attorney, I was dismayed to see that a 14-year-old girl has died after a bad car accident with a law enforcement officer. The South Florida Sun-Sentinel reported Jan. 25 that Cara Catlin, a freshman at Northeast High School in Oakland Park, died Jan. 23 in a crash with a Broward County Sheriff’s Deputy. Catlin was riding in a car driven by her 21-year-old stepsister, Heather Meyer, who was also injured in the crash, as was Gabriel Alegria, 15. Both Meyer and Alegria were hospitalized in stable condition. The deputy, 21-year-old Frank McCurrie, was treated for minor injuries and released. Homicide investigators are looking into whether the deputy was speeding when the accident occurred.

McCurrie was going straight through the intersection of Northeast 56th Street and Dixie Highway when Meyer was making a left turn; both had green lights, but Meyer did not have a green arrow. The first reports about the accident said McCurrie didn’t have his lights and siren on when he passed through the intersection. A Broward Sheriff’s Office spokesperson later said McCurrie didn’t need the emergency signals because he wasn’t responding to an emergency. However, a witness told the newspaper that the deputy was going around 70 mph, in a 40-mph zone, before the crash happened. Investigators say it’s too early to confirm that claim, but that it will be investigated thoroughly. Meyer, Alegria and an aunt of Catlin’s, Edie Bronder, all declined comment. Bronder said the family is consulting an attorney.

This is a very sensible decision. Calling an attorney so soon may sound premature to some people, but as a Boca Raton wrongful death lawyer, I know that families need to start right away if they plan legal action against law enforcement. The Broward Sheriff’s Office is a government agency, of course, and all government agencies have special rules governing lawsuits against them. In Florida, these include shorter deadlines for filing and special administrative procedures families must complete before they can file claims. If you’re considering a lawsuit against a police department or any other government agency, it’s very important to make sure you follow these rules to the letter, because deviation can delay your case or even cause you to miss the deadline entirely. If that happens, you may be unable to sue at all, no matter how strong your case is.

Continue reading "Car Crash With Broward Sheriff’s Deputy Kills Fourteen-Year-Old Girl" »

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Posted In: automobile accidents , injuries to minors , wrongful death

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As a Pembroke Pines child injury attorney, I was very interested to see a story about a lawsuit against day-care center that left a child alone when employees went home for the evening. The South Florida Sun-Sentinel reported Jan. 14 that Inari Martin, 16 months, was put down for a nap by an employee who didn’t mention the child to others before leaving. When her mother, Natasha Henry, came to pick her up, Henry found the building locked and dark and couldn’t reach the center’s employees. Inari was fine, but Henry claims the panic of not knowing where her child was caused her to go into premature labor at 35 weeks. It’s the second known lawsuit against the center, though the details of the first were not reported.

According to the lawsuit, Henry had been bringing her daughter to the center for 11 months before the Jan. 6 incident. As was usual, she arrived at the center between 7:30 and 8 p.m., after work, to pick up Inari. However, the center was closed. Henry tried repeatedly to call center employees or its director, her lawsuit claims, but had no success. Panicking and feeling contractions, she called the Broward County Sheriff’s Office. Officers managed to reach an employee, who said it was possible that employees had forgotten Inari. Knowing that temperatures were likely to dip into the 40s that evening, police decided to break through a glass door out of concern for Inari’s safety. They found the girl in the dark, cold, wet and crying, but unharmed. It was not reported whether Henry ended up delivering her child.

As a North Miami injuries to minors attorney, I am interested in this article in part because the reported facts so clearly point to liability by the center. In many cases involving injuries to children and teenagers, an injury lawsuit follows a criminal prosecution by the local State’s Attorney. But in this case, there may not actually be a criminal statute that applies -- that is, the center and its employees may not be guilty of any crime. (They may still have violated administrative rules and face professional consequences, like the loss of a license.) Of course, plaintiffs are free to bring legal claims even in cases where there is a criminal prosecution as well. But when prosecutors cannot or will not bring criminal charges, families may have no access to justice whatsoever unless they choose to pursue a civil claim like Henry’s.

Continue reading "South Florida Family Files Suit Against Day-Care Center That Forgot Child" »

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As an Aventura injuries to minors attorney, I have written several times about the dangers to young children from unattended swimming pools. I am sorry to say that the city of Delray Beach saw another such accident Dec. 29. According to the South Florida Sun-Sentinel, a three-year-old boy and a boy and a girl, both two, somehow got into a neighbor’s backyard around 5:30 p.m. as they were visiting a family friend. One of the boys was hospitalized in critical condition Tuesday, while the other children were in stable condition. Delray Beach police are investigating how the accident occurred.

The boys are brothers and the girl is their cousin, according to family friend Manette Joseph. Both of their mothers were visiting Joseph’s home while Joseph was working that day. It was unclear whether an adult was watching them when they were outside, but a neighbor, Matilda Corona, had warned the children and a teenager to stay away from her own pool earlier in the day. When the children were found in another neighbor’s pool, Corona’s daughter-in-law, a nursing student, was called to perform CPR. Because the pool was murky and dirty, a Fire-Rescue dive team was called to ensure that there were no more children in it.

The nursing student told the Sun-Sentinel that she didn’t see a screen around the pool. If so, it suggests that the unnamed neighbor may have violated Florida law by failing to erect a fence sufficient to keep small children out. Swimming pools are a leading cause of accidental drowning in toddlers, taking the lives of about 300 children under five each year. For that reason, state law requires owners of new swimming pools to erect a fence around their pools high and secure enough to keep young children out. Failure to follow this law can result in a criminal charge, as well as clear liability in any West Palm Beach child injury lawsuit. This is entirely separate from the issue of whether the children were adequately supervised by adult family members. If they were not, both parties would be at fault and any financial recovery for the family would be reduced accordingly.

Continue reading "Toddlers Hospitalized After Wandering Into Unattended Delray Beach Pool" »

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Posted In: injuries to minors , premises liability

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As a Dania Beach injuries to minors attorney, I was alarmed to see a report from NPR Nov. 9 that a manufacturer is recalling strollers because of a serious risk they pose to their young passengers. Maclaren USA is recalling every umbrella stroller it’s sold in the United States since 1999 -- about a million altogether. The U.S. Consumer Product Safety Commission says it has received 15 reports of children putting their fingers in the hinge used to unfold and open the high-end strollers, leading to cuts and, in 12 cases, the loss of fingertips. Parents are advised to stop using the strollers immediately and contact Maclaren for a free repair kit that covers the offending hinge. For more information, they can visit Maclaren’s recall page or the CPSC recall information, or call toll-free at 1-877-688-2326.

This is a huge recall for Maclaren, both in size and in potential damage to reputation. Maclaren strollers -- made in China by a British company -- are considered dependable but expensive “yuppie” strollers. As a Miami Gardens child injury lawyer, I am also surprised by the huge scale of this recall. More than a million strollers are involved, which means at least that many children were exposed to the risk of a finger amputation or serious cut. The 15 cases reported to the CPSC may be just the tip of the iceberg, especially considering that the majority involved amputations. In any medical emergency, reporting the incident to the CPSC is not likely to be parents’ top priority. That might be especially true if the injury didn’t result in an amputation, or if the parent though the incident sprung from the child’s actions rather than a flaw in the stroller itself.

In its release announcing the recall, Maclaren emphasized that adults should read instructions before operating the strollers. It also put out a video (dated Nov. 10 on YouTube) instructing operators on safely using the strollers. This implies, but doesn’t outright say, that the problem may be traced to carelessness by adult operators. However, it’s worth pointing out that the hinge problem arises when children stick their fingers into the hinges. Not only are young children’s actions difficult to predict, but we don’t generally expect children under the age of five to take responsibility for avoiding dangers. Indeed, the manufacturer of any children’s product should design its products with that in mind. If it does not, it may be liable in a defective consumer products lawsuit.

Continue reading "Ten Years Worth of Strollers Recalled for Finger Amputation Risk to Children" »

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As a Fort Lauderdale injuries to children and minors attorney, I was sorry to see a report that a child was seriously hurt after an accident at Disney’s Fort Wilderness campground. According to a Nov. 2 article on WESH.com, Chloe Wicht, age four, was riding in a golf cart with her father, Charles Wicht, 37, of Big Pine Key at around 10:30 p.m. The elder Wicht told sheriff’s deputies that he swerved to avoid an oncoming golf cart that was not using lights. The force of the swerve tipped over the Wichts’ golf cart, pinning Chloe underneath. She was flown to Arnold Palmer Hospital in Orlando for treatment of injuries to her head, face and throat, and is reportedly in stable but guarded condition.

I’m pleased to see that the little girl is not in immediate danger, although injuries to the head and neck could be serious, lasting injuries. The article doesn’t give many details, but as a Deerfield Beach child injury lawyer, I’m very interested in knowing more about the circumstances of the accident. In particular, I would like to know who was driving the other golf cart and why he or she allegedly wasn’t using headlights. The article mentions that Charles Wicht was using his personal golf cart, but Disney does rent carts for use at the Fort Wilderness campground. If the other driver negligently failed to use the headlights, he or she may be entirely liable for Chloe’s injuries. Blame may also fall on Disney if it rented a golf cart to someone who was inappropriate for the responsibility, because of age, intoxication or previous driving record. And given that golf carts never have seat belts or doors, it’s also worth investigating whether the manufacturer of the Wichts’ cart made a cart that was defectively easy to tip over with a sudden swerve at low speeds.

Here in Florida, we are fortunate to have theme parks and natural wonders that attract many thousands of visitors every year. As I have written on this blog before, most tourists leave safe and happy -- but a handful of people each year sustain preventable injuries on theme park property. According to a report by the Orlando Sentinel, at least 11 people sued Disney’s Fort Wilderness for injuries on its premises between Jan. 1, 2004 and Dec. 21, 2008. They include a woman who claims she was injured after she was run off a path by a golf cart, as well as various people claiming injuries from slips, accidents with equipment and auto accidents. Like all businesses open to visitors, theme parks have a legal obligation to keep their premises as safe as reasonably possible. That’s especially important for businesses aimed at children, who don’t have the same sense of danger that their parents might. When businesses fail in that duty, they are liable for any resulting injuries to children or adults.

Continue reading "Four Year Old Hospitalized After Golf Cart Accident at Disney Resort" »

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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" »

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Posted In: burn injuries , injuries to minors

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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" »

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Posted In: injuries to minors , medical malpractice

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As a Broward County injuries to minors lawyer, I was relieved to see a happy ending to a South Florida case that got national attention. Firefighters from Key Biscayne and Miami spent a tense hour Aug. 24 rescuing a three-year-old girl who got stuck in a swimming pool’s drain. According to the South Florida Sun-Sentinel, the little girl was swimming under adult supervision in a backyard pool at a condominium building on Key Biscayne when her arm got stuck. Rescue workers eventually managed to free her, but had to cut a part of the pipe and attached concrete in order to do it. According to the paper, the girl’s hand was slightly crushed, but she was not seriously injured.

It was unclear how the unnamed little girl got stuck in the drain, but the suction created by the drain kept her, and rescuers, from being able to simply pull her arm out. Instead, they tried draining the pool to relieve water pressure, then realized that pressure was not the problem and began cutting out the pipe. While the firefighters worked, the girl’s parents jumped into the pool and helped hold her head above water so she could breathe. After she was freed, she was airlifted to a hospital for further treatment.

Safety advocates told the newspaper that the case underscores the importance of a new federal law intended to prevent just this kind of accident. The Virginia Graeme Baker Pool and Spa Safety Act requires public pools and spas -- including apartment and condo pools like this one -- to install dome-shaped or large and flat drain covers that children cannot get their hands into. Poolsafety.gov, a government Web site explaining the law, said the suction can entrap small children, causing deaths or serious brain damage due to drowning. The U.S. Consumer Product Safety Commission reported 83 swimming pool entrapments between 1999 and 2008, including 11 fatalities and 69 injuries. Nonetheless, safety advocates said pools around the nation, including the Key Biscayne pool, are not complying with the law, and states have not enforced it, suggesting there may be “a huge safety problem.”

As a Boca Raton child injury attorney, I am particularly concerned about this because South Florida is full of swimming pools, many of which are not in compliance with the Act or not obligated to be. However, manufacturers of swimming pool drains and equipment, like all manufacturers, have a legal obligation to make products that are safe to use and free of defects -- or at least warn their customers about potential safety problems. And operators of public and apartment-complex swimming pools are obligated to comply with the Act. In this case, failing to fulfill those duties puts children at risk of death, which I believe everyone can agree is unacceptable. When children are hurt as a result of this negligence, they and their families have a legal right to hold the negligent people legally liable for the injuries and the often-steep financial costs they cause.

Continue reading "Safety Advocates Call for Stronger Product Safety Enforcement After Key Biscayne Girl Entrapped by Pool Drain" »

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Posted In: injuries to minors , premises liability , product defects

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A two-year-old visiting Florida with her family died Aug. 8 after an accident with an alleged drunk driver, the South Florida Sun-Sentinel reported Aug. 9. Isabella Zepka and her family were visiting Orlando from Durham, N.C., to use a time-share and visit family. She was on her way home from dinner and Sea World on Wednesday when John Molnar, 36, ran a red light and hit the back of her father’s car. Isabella sustained serious internal injuries and a fractured skull; she was taken off life support Saturday. Her brother Alexander, 9, sustained a fractured skull from which he was expected to recover. Her father was not seriously injured.

According to the article, the Zepkas’ car was making a left turn when Molnar ran a red light from the oncoming lane. Officers measured his blood-alcohol concentration at 0.133% and 0.129% in two tests -- both well above Florida’s 0.08% legal limit. Officers also found a plastic bag full of cocaine under the driver’s seat of his car, resulting in an additional charge of drug possession. He told officers that he had had just one beer, the article said, but failed field sobriety tests. His driving record includes a license suspension for a 2008 DUI in New Jersey, as well as four speeding tickets and convictions for careless driving and failure to obey a traffic device, all since 2006.

My heart goes out to the family of this little girl. As a Hollywood car accident lawyer, I’m sorry to say that I regularly see accidents like these, in which alcohol played a deadly role. Drinking and driving may be illegal, but it happens every day in Florida and around the United States. According to 2008 accident statistics from the Florida Highway Patrol, drivers intoxicated by alcohol, drugs or both were responsible for 23.5% of all fatal accidents in the state -- nearly a quarter. This is an improvement over the numbers from four decades ago, but unfortunately, far too many drivers still underestimate the dangers of driving drunk. Until they take this threat seriously and modify their behaviors accordingly, our communities will continue to see senseless tragedies like this.

Continue reading "Toddler Dies in Orange County Car Crash Caused by Accused Drunk Driver " »

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Posted In: automobile accidents , injuries to minors , wrongful death

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The Florida Supreme Court recently handed down a decision that many see as a victory for families of wrongfully killed children in Florida. In Fields v. Kirton, No. SC07-1739 (Dec. 11, 2008) (PDF format), the state high court considered whether parents and guardians may sign a release on behalf of their minor children, when the release has to do with a commercial activity. It decided that they do not have the authority to release their children's liability, which means that the estate of any minor killed in a commercial setting may now sue for wrongful death in Florida.

A release is a contract limiting or removing the legal liability of the company offering the commercial activity. In short, it generally says that you agree to not sue the company if the child is injured during the activity. They are routine parts of the business of bumper car parks, batting cages and other commercial activities that could be dangerous. In this case, a waiver was signed by the father of Christopher Jones, a 14-year-old who was killed at a motorsports park after his ATV landed on top of him. The representative of the teen's estate, Jordan Fields, eventually sued the park and some of its personnel for wrongful death. The defendants asked to throw it out, pointing to the waiver and release the elder Jones had signed. The trial court agreed. On appeal, the Fourth District Court of Appeals reversed that decision, allowing the estate to sue.

The Florida Supreme Court agreed with that decision, ruling that all waivers signed on behalf of minors are invalid in Florida, if the waiver was for a commercial activity. Pointing out that waivers and releases protect the best interests of the business, not the minor, it wrote that these contracts leave the business with no incentive to take reasonable care for the minor's safety. That leaves a strong possibility that the family and the state will suffer the personal and financial burden of the injury, the majority wrote. However, the court drew a distinction between "commercial activities" and "school-sponsored" or "community-run" activities. Citing caselaw from Florida and elsewhere, it wrote that commercial enterprises may buy liability insurance, whereas nonprofit or school enterprises cannot afford it and may choose to close rather than provide services.

Practically speaking, this means that no release or waiver of liability for a minor engaged in a commercial activity is valid in Florida. (After all, minors may not form contracts for themselves.) That could be very important to Florida families that have lost children to a business's careless or reckless behavior. The wrongful death of a child is devastating; the family's discovery that they have no legal recourse against the responsible parties only compounds that pain. Thanks to this ruling, Florida families can now hold responsible parties liable for illegal or negligent actions and seek justice for the children they've lost forever.

As a wrongful death attorney in Aventura, I know all too well that it's impossible to put a price on a human life. But wrongful death lawsuits offer practical benefits to families: money for medical bills, funerals and other expenses related to the accident, as well as the chance to hold wrongdoers legally responsible for the results of their actions. If you have lost someone you love to someone else's carelessness and you'd like to learn more about your options, please contact our experienced South Florida wrongful death attorneys for a free consultation.

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Posted In: injuries to minors , wrongful death

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A teenager helping his father work at a construction site was killed Jan. 11 when a trench unexpectedly collapsed around him, the Sarasota Herald-Tribune reported. Danilo Riccardi Sr. was part of a construction crew installing concrete culverts at a church, where he brought his three sons, ages 12 to 14, to help out. When he needed water to mix cement, he sent the eldest, Danilo Riccardi Jr., to get some water. But when the younger Riccardi went to the eight-to-ten-foot trench to scoop up some standing water (there was no running water at the site), the walls of the trench collapsed and buried him in a quicksand-like mud. A large rescue crew dug the teenager out but was unable to revive him.

As a spokesman for the Charlotte County sheriff's office said in the article, this situation is a tragedy. My heart goes out to the Riccardi family. But as a South Florida construction accident attorney, I wonder what the Occupational Safety and Health Administration investigation will conclude about the accident. OSHA rules do not apply to non-employees, but construction companies still must take reasonable care not to harm non-employees that visit construction sites. That includes employees of other contractors, passers-by and visitors like the three teenagers. Of course, everyone is still responsible for taking reasonable care around dangerous situations.

Falls are the most common fatal accident at construction sites nationwide, according to statistics from the U.S. Department of Labor. (And construction work is consistently one of the deadliest job categories in the United States.) For that reason, OSHA safety rules require that employers provide fall protection (such as a guardrail or a net) in any situation with a potential fall of six feet or greater, as well as a fall of any height into dangerous equipment. There are many similar safety regulations addressing other hazards, and employers may also be required to train employees on good safety practices.

When employers fail to meet these basic legal duties, workers and others can be killed in a Florida construction accident. And when that happens, victims' families have the right to sue the construction companies responsible, unless workers' compensation payments are available. In a Florida wrongful death lawsuit, families can recover medical costs, funeral bills, lost income and other costs related to the accident, as well as compensation for the sudden and irrevocable loss of the loved one's care, companionship and love. If you have lost someone to carelessness and you are considering pursuing a claim, Cohn, Smith & Cohn can help. To set up a free consultation with our attorneys, please contact us today.

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Posted In: construction accidents , injuries to minors , wrongful death

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The Miami Herald reports that a Miami-Dade nursing home was placed under investigation by the police and three state agencies after a pediatrician found unexplained burns on a 12-year-old resident. Doctors found second-degree burns on the hands and thigh of the girl, who has severe cerebral palsy and can't communicate. An investigator from the state Agency for Health Care Administration, which regulates nursing homes, found no evidence that the girl had been burned, the paper reported, prompting a letter from the pediatrician to Gov. Charlie Crist criticizing the investigator for "apparent lack of due diligence" and suggesting that risk to other residents in the home is high.

The AHCA, the Department of Children and Families and Florida Medical Quality Assurance Inc. were all asked to investigate, along with Miami-Dade police. Compounding the problem is the fact that the girl is very disabled and needs help to perform daily tasks. In fact, the pediatrician and investigators believe that the burns are the result of neglect rather than abuse, in part because she's not well-equipped to provoke intentional abuse. However, no caregivers at the home could explain the burns and none stepped forward to confess. State records show eight complaints of abuse or neglect of children at the home, along with 66 regarding adult residents.

Nursing home abuse and neglect is always horrifying. People disabled or vulnerable enough to need full-time care are almost always unable to fight back; many aren't even able to tell anyone about the problems. The AHCA is supposed to shut down homes that don't meet standards, but as the doctor in this story complained, the system doesn't always work as intended. That's why it's so important for families to stay vigilant when they have a loved one in assisted care. As I have written before, families can also take advantage of the AHCA's online database that collects investigations of health care facilities.

The victim in this case may be getting extra attention because she's a child, but she could just as easily have been a disabled adult. No matter who is the victim, exploiting and abusing vulnerable people placed in your care is morally and legally wrong. If you believe someone you love is a victim of nursing home abuse or neglect, you can take legal action with a Florida nursing home abuse lawsuit, regardless of whether there is any concurrent criminal case. To speak with an experienced Florida nursing home attorney about your case, please contact our firm, Cohn, Smith & Cohn, for a free consultation.

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Posted In: injuries to minors , nursing home abuse

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The news from our Central Florida neighbors has focused recently on a terrible Florida trucking accident that happened between a semi truck and a school bus on September 23. The truck rear-ended the school bus in Citra, near Ocala, causing both vehicles to burst into flames. The accident killed a 13-year-old girl, a middle school student on the bus. Nine other students were injured, along with the bus driver and the driver of the truck.

Importantly, the Florida Highway Patrol believes the truck driver was using a cell phone right before the accident. According to the Orlando Sentinel, the driver told the FHP he was using the phone on the day of the accident, but refused to say exactly when. Authorities told the paper that the driver will be charged with reckless driving, at a minimum, depending on whether their investigation turns up new information.

Banning the use of cell phones while driving isn't popular with everyone; only a handful of states require drivers to use hands-free headsets on the phone. But as the article notes, this accident serve as a wake-up call for Florida drivers who continue using their phones on the road. As a Florida auto accident lawyer, I see plenty of accidents that were caused by distracted driving -- using a cell phone, eating, rubbernecking and other activities that take the driver's eyes off the road. In fact, a 2006 study by the AAA and the Virginia Tech Transportation Institute found that distractions made a driver almost three times more likely to be in an accident. Phones, drowsiness, reading and eating were the most common distractions the study found.

The Governor of California signed a law banning text messages for drivers of any age in the same week that the accident occurred. California had already banned talking on the phone while driving. Those laws may be a tough sell in freedom-loving Florida, but I believe they would make our roads safer. A serious traffic accident is a life-changing event that causes death or very serious injuries, and we should do all we can to prevent them. But if you or someone you care about has already become a victim of a serious traffic crash, you should speak to us at Cohn, Smith & Cohn to discuss your rights as an accident victim and the legal options open to you. You can reach our main office at (954) 431-8100 or click here to fill out our confidential online case evaluation form.

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Posted In: injuries to minors , large truck accidents , wrongful death

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Up in the Tampa area, a tragedy was narrowly averted when two teenagers were rescued from a house fire caused by a malfunctioning clothes dryer. Around 2:30 a.m. on Sunday, a neighbor noticed flames in the home and called firefighters, who rescued a teenage girl, a teenage boy and a cat. Fortunately, the rest of the family wasn’t home. The boy remained at Tampa General Hospital, according to the report, but the girl has been released. I am delighted that nobody was killed and wish them a speedy and full recovery.

According to the article, the fire was started when the dryer overheated because of a clogged lint screen. But it was exacerbated because the house’s smoke detectors weren’t working, making them unable to warn the teens that they were in danger. House fires are the most common type of fire in the United States, according to the American Burn Association, and faulty electronic appliances or wiring are one of the most common causes of house fires (after cooking and smoking accidents). According to the U.S. Consumer Product Safety Commission, the federal agency responsible for monitoring product defects, clothes dryer fires caused more than 15,000 fires in one year, causing 20 deaths and 370 injuries.

If it turns out that the dryer was designed or manufactured in a way that made this fire unreasonably likely, that would make it defective -- which means this family would likely have a defective product lawsuit. Of course, they and every family should have working smoke detectors -- but as minors, the teens were hardly responsible for that omission.

The article doesn’t say what injuries the teen suffered, but statistically, they’re most likely to have smoke inhalation injuries and contact burns, both of which can be serious and life-threatening injuries. Severe burns can also leave their victims disfigured, causing discrimination from thoughtless strangers and necessitating years of expensive corrective surgeries. If you or someone you love has suffered these sorts of serious injuries because of a defective product, you have the right in Florida to hold the product’s manufacturer or seller responsible for the results. Contact Cohn, Smith & Cohn for a free evaluation of your product liability case.

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Posted In: burn injuries , injuries to minors , product defects

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