South Florida Injury Attorney Blog

A Florida federal court dismissed one cause of action in a passenger's lawsuit against a cruise line, but allowed two other causes of action to proceed. The plaintiff in Stewart-Patterson v. Celebrity Cruises, Inc. alleged that the cruise line was liable for her slip-and-fall accident aboard the ship, as well as for injuries caused by a doctor that ship personnel compelled her to see while the ship was docked in Colombia. The court dismissed one of the plaintiff’s two causes of action for premises liability, but denied the defendant’s motion to dismiss her cause of action for medical negligence.

The plaintiff allegedly slipped on a wet substance while descending a staircase aboard a cruise liner owned by Celebrity Cruises. She claimed in her lawsuit that the fall caused her to fracture her left ankle. She received treatment in the ship’s infirmary, but was sent ashore for an orthopedic consultation with a doctor in Colombia. She alleges that ship personnel told her she had to undergo the consultation in order to remain on the cruise. Her alternatives, she claims, were to sign a full release of liability with the cruise line or find another way home. The Colombian doctor allegedly misdiagnosed her injury, which aggravated her condition and caused further damage.

The plaintiff filed suit against Celebrity Cruises in the U.S. District Court for the Southern District of Florida. She asserted three causes of action: a negligence claim based on premises liability; negligent mode of operation, claiming that the defendant breached a duty to repair the dangerous condition before an accident took place; and medical negligence, for what she characterized as the defendant’s poor choice of a doctor in Colombia. The defendant moved to dismiss the second and third causes of action, arguing that the negligent mode of operation claim was not recognized by admiralty law and was duplicative of her other negligence claim, and that it could not be held vicariously liable for the actions of the Colombian doctor.

Continue reading "Florida Court Rules on Premises Liability and Medical Negligence Claims Against Celebrity Cruises" »

A state court in Miami-Dade County, Florida will decide a woman’s dispute over insurance coverage for a premises liability claim, after the case had moved around between state and federal courts. The defendant in Taylor v. Admiral Insurance Company, et al removed the case to federal court based on diversity jurisdiction. New evidence implicated another company, but joinder of the company destroyed diversity. The court had to decide whether to permit the joinder of the company as a defendant or remand the case to state court.

The plaintiff, Kerry Taylor, attended a private function at Villa Vizcaya, a property owned by Miami-Dade County, on April 4, 2006. She allegedly fell from a broken step and sustained injuries that required ongoing treatment, including multiple surgeries. Taylor sued the county, Vizcaya Museum & Gardens, and Villa Vizcaya to recover damages for her injuries, alleging in part that they failed to warn of a dangerous condition on the property. The county requested defense and indemnification from Admiral Insurance Company.

Months earlier, the company planning the April 4, 2006 private event obtained a general liability insurance policy from a company called Brown & Brown. The policy, which purported to cover claims arising from the April 4, 2006 event, had Admiral as its general liability insurer, and named Villa Vizcaya as an additional insured. After Taylor filed her lawsuit, Admiral denied coverage of the claim, alleging that none of the parties to the lawsuit were named as insured parties under the policy.

Continue reading "Premises Liability Claim Leads to Insurance Dispute, Shifting Jurisdiction Between Florida State and Federal Courts" »

The family of a Florida woman killed in the crossfire of a drug-related gun fight last year has settled their lawsuit against the owner of the apartment building where she lived, and where the shooting occurred. In a wrongful death lawsuit, the family claimed that the building owner knew of significant risks of violent criminal activity in the vicinity of the building, but failed to take reasonable steps to protect the tenants. The company that owns the building will reportedly pay $1 million to settle the family’s suit.

The incident giving rise to the lawsuit occurred on Tuesday, August 30, 2011, at the Prince Street Apartments in Jacksonville, Florida. A fight between several men in the courtyard of the building turned into a gunfight, with at least two men shooting at each other. One of the gunmen and the other gunman’s companion were killed in the fight. Several people were injured, including a sixteen month-old boy who was shot in the head but recovered. A resident of the building, nineteen year-old Danielle Melton, was also shot and killed. The remaining gunman, Theodist Richardson, is charged with murder and is currently set for trial in November 2012.

Melton left twin infant sons, who now live with their grandmother. Melton’s mother, 36 year-old Michelle Rockett, became the executor of Melton’s estate and the guardian of her sons. She retained counsel to investigate the incident, and reportedly discovered that the apartment owner had failed to secure the premises and protect the tenants from violent crime. In the three years prior to the shooting, they identified forty-five police reports of violent crime on or near the property. These reports included home burglaries, robberies, and multiple instances of aggravated battery. Within a five hundred foot radius of the building, they found 104 reports of violent crime for the time period.

Continue reading "Florida Apartment Building Owner Settles Wrongful Death Suit with Family of Crime Victim for $1 Million" »

A dispute over insurance coverage has developed between a Florida homeowners’ association (HOA) and its insurer after the mother of slain 17 year-old Trayvon Martin claimed compensation for the death of her son. Martin was shot and killed by a resident in the neighborhood represented by the HOA. The insurance company filed a declaratory action in an Orlando federal court asking the court to declare that it is not responsible for covering the HOA on the mother’s claim.

The Trayvon Martin case has become well-known and highly controversial. Martin was visiting his father, who lived in a gated community in Sanford. The teenager was allegedly walking home from the store on the night of February 26, 2012, when he was shot and killed by 28 year-old George Zimmerman, a neighborhood watch volunteer who claimed that he acted in self-defense. Martin’s family says that Zimmerman singled their son out because he was African-American, followed him through the neighborhood, and incited an altercation. Police arrested Zimmerman forty-four days after Martin’s death and charged him with second-degree murder. Zimmerman has entered a plea of not guilty and is out of jail with a $1 million bond.

Martin’s mother, Sybrina Fulton, filed a claim with Travelers Insurance, which covers the Retreat at Twin Lakes HOA. She requested in excess of $75,000 in damages for Martin’s death. She also filed a claim with the Florida Bureau of Victim Compensation, and was approved in March for a payment from the Crimes Compensation Trust Fund. Her claim to Travelers drew a quick response.

Continue reading "Insurance Dispute Arises in Civil Claim for Compensation in Trayvon Martin Case" »

Have you ever really wondered how safe it is on board a cruise ship, besides the fact that anything can happen on the open ocean where your safety is concerned, I have found that there is a whole lot more that goes on board these cruise ships that go unreported, in particular cases of rapes and assaults on female passengers and cruise ship staff.

Take for instance this scenario – you and your girlfriend decide to take a much deserved cruise to the Caribbean – you do your research as to what is the best cruise deal you book your trip and start the preparation for your trip. The day of your trip arrives and you are totally excited about the trip. You board the ship, first and foremost you go thru the safety procedures from how to properly put on your life vest to where to go to get to your life boat etc… but they never warn you about something even more dangerous like being assaulted or raped on board these ships, you would never think of that, but this is a regular incident that happens and sometimes go unpunished, leaving the victim with irreparable scars and memories to deal with.

As a Fort Lauderdale Attorney practicing in South Florida our law firm has represented cases of this type, but what never ceases to amaze, is that these victims never thought they had any legal grounds to file suit, yes, reports were made to the respectable law enforcement agencies but they never thought that they would have grounds to file suit for damages etc against the cruise ship company.

With all this said, should you or a loved one be the victim of this type of injury or assault we at the Law Office of Cohn and Smith will review your case and help you defend your rights. Please contact us at 954 346 0607 or 305 624 9186 for your free consultation; we have offices located in Broward and Miami-Dade county.

Yearly in South Florida Personal Injury attorneys receive calls from all over Miami-Dade and Broward County, from persons seeking legal counsel as they were a victim of a dog bite or maybe seeking advice on behalf of a victim.

A lot of dog bites take place in neighborhoods whilst the victim may have been exercising or walking in their immediate neighborhood or park and was attacked by a dog that may have gotten away from its owner. In any one of these situations these attacks can cause serious injury and in some situations can scar the victim or victims for life, not to mention the inconvenience to the victim. Medical attention is always required where dog bites are concerned. Once you hire the services of an attorney experienced in this type of injury they will advise you to keep a record of your injury: medical bills and photographs of your injury, as this will assist your attorney should you file a claim for compensation. Homeowners and renters insurance policies typically cover dog bite liability and insurers may charge more premiums for certain breeds of dogs.

Following the tips listed below will help reduce the chances of your dog biting someone:

1. Have your dog play with others people and animals;

2. Play non-aggressive games with your dog such as “go fetch”;

3. Avoid exposing your dog to situations in which you are unsure what the dog’s response will be;

4. Having your dog spayed or neutered, may reduce the likelihood that the dog will bite.

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

Should you or a loved one be the victims 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 or visit us online.

Summer is almost here and the kids will soon be on vacation. For those who will not be travelling for the summer the local playgrounds, parks and water parks will definitely be on their list of things to do, as keeping your child/children safe will be a task.

As an experienced attorney practicing in cities such as Fort Lauderdale, Coral Springs, Davie, Cooper City, Weston, Pompano, Aventura and Pembroke Pines, my office has represented victims of these types of recreational park injury which mainly occurs to minors. Parents of victims should always remember to keep records of all their child’s injuries including medical bills, and also take pictures of the immediate and surrounding area where the accident occurred and the damages to your child.

Should your child be a victim of personal injury at one of these parks, after seeking medical attention, you should first contact the city that the park is located to find out that the deadline is for filing claim should you decide to, as many of these cities have short deadlines set for filing claims. After contacting the city and seeking medical attention for your child, you should immediately contact an experienced attorney in this type of injury law to seek legal counsel and file claim.

If you or someone you know has been injured in a park accident or playground accident, contact an experienced personal injury attorney to seek legal counsel to ensure you are properly compensated.

At the Law Offices of Cohn and Smith our experienced staff will assist you should you decide to file claim. We can be reached at 954 431 8100 or 305 614 9186 or visit us online, to set up a FREE consultation to discuss your legal options.

With the economy as it is shopping in South Florida malls have become an almost weekly event as there are numerous sales every weekend, I have even seen stores with weekly sales trying to catch the early shopping worm.

Recently, in one of the local newspapers I saw an article where a couple was shopping at a popular mall and had a slip and fall accident. Apparently they were walking around the food courts in the mall trying to decide what to eat, and was not aware of the wet area. The husband slipped and fell as the area was not properly identified. A call was made to 911 and EMT’s were dispatched to the scene, and they determined that the man’s injuries were serious enough to require hospitalization.

Just prior to the incident, the floor was mopped by an employee of the maintenance company contracted to housekeeping services at the mall. The couple noted that the cleaning company failed to post proper signs or any other warnings that the floor was wet. The injured man was hospitalized for one week and suffered a fractured patella and knee injuries due to slipping on the wet mopped floor. The injured man decided to hire a personal injury attorney.

The injured man’s attorney advised him that a claim should be filed for negligence against the mall and the third party cleaning company. He was able to seek compensation for his medical bills, loss of income and future loss of wages, because the injury sustained have limited the man’s mobility and may affect his ability to work.

Should you or a loved one be the victim of a slip and fall accident, you should seek legal counsel from an attorney experienced in personal injury. Our offices are located across Broward and Miami-Dade county. Contact us at 954 431 8100 or 305 624 9186 or online for your free consultation.

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.

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.

Coral Springs, FL (Sun Sentinel) - Roof collapses at AmTrust bank in Coral Springs earlier today.

There were no reports of injuries Monday afternoon when a large portion of an overhang collapsed at the drive-through area of a Coral Springs bank.

No other area of the bank appeared to be affected by the collapse.

The outcome of this report could have been worse, with injuries to a bank customer using the drive thru at the time of the collapse.

In situations like this should you ever find yourself in one, you may be able to file premises liability against the bank or property owner but to ensure you have enough evidence to back your claim should you decide to file one for damages to yourself and your vehicle you should always keep the following to present to your legal counsel who should be an experienced attorney in premises liability:

1. Retain all records of Medical bills should you have been injured from the accident;

2. Get the police report for the incident;

3. Take photographs of the accident area and the immediate area;

4. Photographs of the damages to your vehicle and your person should you have any.

Once you have all of the above you should present to your Attorney who will review and ensure you receive the proper compensation that you deserve for your damages etc. Should you or a loved one become a victim of this type of accident, you should seek counsel from an experienced attorney in personal injury.

Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading "Roof Collapses in Coral Springs " »

Well the weekend has passed and we are almost through the week, it's "Wednesday HUMP Day". I found this article about a gentleman in his 80’s who received burns whilst repairing a battery on a docked boat, last month in Fort Lauderdale. The article states that the Fire Marshall will be investigating and that the owner of the property could not be reached for comment.

Fort Lauderdale, FL (Sun Sentinel) — A man in his 80s suffered severe burns Wednesday afternoon while repairing a docked boat, a fire official said.

The man was repairing an 18- to 20-foot vessel docked in the 500 block of Coconut Isle Drive, and an explosion involving a battery occurred about 2:45 p.m., according to Matt Little, spokesman for Fort Lauderdale Fire Rescue.

The cause of the explosion will be investigated by a Fire Marshal, Little said.

The man, who remained conscious after the explosion, was taken to Broward General Medical Center, Little said.

Little said he had no additional information about the incident. The man's latest condition was unavailable. Friends or relatives of the property owner couldn't be reached for comment despite a message left at a listed number.

There are lots of events in this article that any Experienced Attorney will see that the injured gentleman has grounds to file claim. First I would advise him to seek legal counsel from an experienced Personal Injury attorney who is also experienced in premises liability; workplace and boating accidents. He should then get all his medical reports and the accident from the First responders to present to his legal counsel along with his rehabilitation records. Once he has all this in place his attorney of choice would be able to advise him as to what his legal options are and how to proceed to ensure he gets the compensation that he rightfully deserves.

Should you or your loved one find yourself in a similar situation you should immediately contact my office as I am experienced attorney in personal injury and premises liability to ensure you know your legal rights and get the compensation you deserve. Contact us online or via telephone 954 431 8100 or 305 624 9186. We have offices located throughout Broward: Fort Lauderdale, Coral Springs, Pompano Beach, Hollywood, Pembroke Pines, Weston; and Miami-Dade: Aventura.

Continue reading "Man in Fort Lauderdale receives serious burn injuries" »

After my last blog I decided to review some points that I have covered previously but with Spring about start and Summer following closely behind my offices have again put together some pool safety and premises liability tips that home owners and property owners can use as guidelines. As an experienced Attorney practicing personal injury and premises liability in Fort Lauderdale we have represented numerous victims of this type of injury.

Swimming pool accidents in South Florida are high and as an Attorney practicing personal injury law and premises liability law in Fort Lauderdale we have represented numerous victims and have compiled some facts home/property owners can use as guidance.

- Property owners - should have Lifeguards on duty;

- Children need to be monitored at all times when they are using the pool or in the vicinity of one;

- Enclosure of your swimming pool with either a fence or an enclosed screen will prevent someone becoming injured or worst case scenario a drowning on your property;

- Pool ladders and handrails are a requirement;

- Keep all gates to the pool area closed at all times;

- Pool coverings will keep the pool secure and your family safe when it is not in use;

- Proper placement of patio furniture so as to avoid anyone becoming injured whilst using the pool area.

The list above are just some guidelines that pool owners and home owners should follow to avoid any unfortunate situations. Should you as a pool owner find yourself in an unfortunate situation these facts that I have listed above will assist you in determining whether there is a swimming pool liability or premises liability case. Seek legal counsel from an experienced premises liability attorney to ensure you know your rights.

Should you or your loved one find yourself in a similar situation you should immediately contact an experienced premises liability attorney. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

I normally don't like to present blogs when the outcome is loss of life especially one so young, but in this case I had to. On the news this morning there was a story about 7-year-old boy that drowned yesterday in Oakland Park, FL, at a complex swimming pool. See story below.

OAKLAND PARK, Fla. (WSVN) -- Officials are investigating why a young boy died after drowning in a South Florida apartment complex's swimming pool.

A 7-year-old boy and his father were attending a barbecue by pool of an apartment complex along Northeast 41st Street, Sunday evening.

BSO is looking into the circumstances surrounding the drowning.

The end result of this story is sad but living in South Florida this is a situation that we deal with especially when the weather starts warming up. Statistics show that South Florida leads the nation is swimming pool injury with some ending fatally. Children should be monitored at all times when they are using or in the vicinity of a pool, lake or pond. Especially at these apartment complexes where they have no lifeguard on duty, there is also proven fact that a child can down in water as shallow as 12inches in a matter of minutes.

And as always you should seek legal counsel from an experienced premises liability attorney to ensure you know your rights. Should you or your loved one find yourself in a similar situation you should immediately contact an experienced premises liability attorney. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading "Oakland Park drowning " »

What are the odds of this happening to you - you take your family out to dinner then a fight breaks out in the restaurant and your child is injured. This is what happened recently at the Steak 'n Shake in Davie, Florida. See below the article I saw on our local TV channel WSVN 7 recently.

DAVIE, Fla. (WSVN) -- Children were among those injured after a fight broke out at a South Florida restaurant.

The fight began over seating at the Steak 'n Shake near Stirling Road and University Drive, Sunday.

Police arrested one of the men involved in the fight.

This is not a situation that is a daily happening, you go out for dinner with your family, a fight breaks out in the restaurant between two patrons over seating arrangements and your child gets injured along with five other people that were all taken to the hospital. The report stated that one of the men involved in the fight was arrested.

Always seek legal counsel from an experienced Personal Injury Attorney to ensure that you know your rights. As I always advise keep proper records preferably a timeline from the date of the injury to present; keep records of all medical injuries and bills; get an accident report from the Manager of the establishment which in this case was the Steak 'n Shake and in this case seeing that police was called to the scene you should get a copy of the police report. All these documents you should present to your Attorney to assist him in building a strong case on your behalf. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading "Child and others injured at Restaurant" »

If you live in Fort Lauderdale, or Miami, you are under increased risk of exposure to toxic chemicals. Many businesses, including restaurants, retail stores, rental properties, and even some well-managed country club communities in Boca Raton and West Palm Beach, are increasingly under scrutiny for their excessive use of toxic chemicals.

The most commonly abused toxic chemicals of those used to control insects, rodents, and other common pests. Because of a lack of proper supervision, there is often negligence in the over application or abusive overuse of toxic chemicals in our homes, shops, and restaurants.

The State of Florida has extensive guidelines, which are effective in Miami, Fort Lauderdale, West Palm Beach, in Broward County, which clearly indicate a level of appropriate and inappropriate use of toxic chemicals. Many South Florida personal injury lawyers have experience in dealing with personal injury lawsuits by those who are exposed to excessive levels of toxic chemicals. Premises liability and personal injury lawsuits arise when a company, or an individual, who has a duty of due care acts negligently.

The types of personal injuries that can occur differ on the type of chemical and the amount of its concentration. If you feel that you have been injured by exposure to toxic chemicals, in your home in South Florida, or in a business establishment anywhere in Miami, West Palm Beach, Palm Beach County, contact a South Florida personal injury law firm.

An experienced South Florida personal injury lawyer handles not only slip and fall, and automobile accident and automobile collision lawsuits, but is also trained to advise you on medical malpractice, and other personal injuries. Most South Florida personal injury lawyers will gladly meet with you, one-on-one, for a consultation at no cost. Contact us for your FREE consultation via telephone 954 431 8100 or 305 624 9186 or online.

Monday morning there it was on the news... NY Attorney to represent victims of the Costa Concordia Cruise ship accident. It was inevitable I was just waiting to see who would be the representing attorney and hear his views. Listening to him I decided to also do some research as he made valid comments in his interview, and I also found this article out of Milan..... I'm posting part of the article and will add the link for you to read more......

MILAN - Passengers of the doomed Costa Concordia launched a legal battle for compensation Tuesday, but experts expect the cruise operator to offer a settlement to stave off a court case.

In Italy, consumer rights' association Codacons said 70 passengers have joined a class action suit against the shipowner Costa Crociere.

"Over 70 passengers who were on board the ship have joined the class action suit initiated by our association," Codacons head Carlo Rienzi said in a statement.

"Our objective is to get each passenger at least 10,000 euros compensation for material damage and also for ... the fear suffered, the holidays ruined and the serious risks endured," he said.

The legal action will have to be judged admissible by a magistrate in a procedure that could take "some months," according to the co-head of the consumer rights association, Marco Ramadori.

Ramadori said he was "fairly confident" that the action would be allowed.

The Costa Concordia was carrying more than 4,200 people when it ran aground on Friday shortly after starting a seven-day Mediterranean cruise, leaving at least 11 dead and about two dozen still missing. Read more

So from all that I have read it looks like the surviving passengers of the Costa Concordia will have an uphill court battle against Costa Crociere who owns the "Costa Concordia". Some articles have stated that the victims will be barred from filing suit in the United States against Costa Crociere who owns the vessel, even though Carnival Corp who is Miami-based is the actual owner of Costa Crociere. Reason for this being the incident took place in Italian waters. They also go on to say there is a clause written into the Concordia's ticket that basically states all cruise ship lawsuits must be brought in the courts of Genoa, Italy. I am sure that is not the last of the case of the Costa Concordia that I will be writing about as this is pretty interesting and extremely knowledgeable. Also I read that even if the injured passengers pursue the lawsuit, compensation may be limited as apparently there is an International Agreement called the Athens Convention that caps the cruise ship operator liability to about $80,000 per person.

Contact us online or via 954 431 8100 or 305 624 9186 for your FREE consultation, should you find yourself a victim of a cruise ship accident to ensure you receive proper compensation.

Continue reading "Do you have any Rights as a Cruiser" »

Another interesting story was the workplace injury to a man who fell at his jobsite in Davie Florida.

As I recall the worker received his injuries when he was repairing a hole in the roof of a building that was recently damaged by fire. Paramedics was called to the scene as the worker was unconscious briefly, he was transported to Broward General where he was kept for observation.

Once he was released he was advised to seek legal counsel to ensure his rights were recognized and he received proper compensation for his medical bills and lass of wages due to his injury. Apparently he was entitled to workers compensation benefits from his employer. There was an accident report filed by his supervisor as there would have been investigations to ensure that it was not negligence or failure to adhere to the safety standards as mandated by both OSHA and the federal Occupational Safety and health Administration for the city of Davie.

The worker’s attorney was experienced in this type of accident and filed a claim on his behalf, to which he was successful. Always contact an experienced South Florida Personal Injury Attorney who will look into a third party claim, which is usually filed against an entity or a person other than the victim’s employer, whose negligence may have caused the workplace accident, your personal injury attorney should have a strong and successful track record in handling these third party claims, as he will be able to help this worker in securing the compensation they deserve.

Should you or a loved one be injured at the workplace you should consult an experienced attorney in workplace injury and premises liability to ensure that you receive the compensation you deserve. Contact us online or at 954 431 8100 or 305 624 9186 for your FREE consultation.

As the year comes to an end and we look forward to great things for 2012, I want to recap some of my injury blogs that I have written over the past year. One in particular was the injury of a spectator at a local park whilst he was waiting on his son to complete his practice.

The accident occurred whilst Mr. Sanchez was waiting on his son to complete his batting practice session. He was standing at the fence when he was hit in the eye by a ball, paramedics were called to the park, his injuries were minor, but he was still taken to the hospital for observation, he was eventually released.

Mr. Sanchez sought legal counsel for an experienced attorney in premises liability and decided to file a claim against the City for damages, medical bills and loss of wages that he incurred from his injury. In the State of Florida if you are injured at any of these recreational parks in the various cities, to be able to file any claim against local authorities, paramedics have to be called out and the injured has to be taken by ambulance to the local hospital. Mr. Sanchez provided his attorney with all the relevant information pertinent to his case, information such as the accident report from the police; pictures of his injury and pictures of the area where he was injured; he also provided his attorney with his medical bills as he planned on also filing for loss of wages as his injury required him to be away from work.

As an experienced attorney practicing in Broward and Miami-Dade County I have represented victims of this type of injury both in and out of the courtroom for years. We have offices located Fort Lauderdale, Miami-Dade and West Palm Beach and has successfully represented seriously injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate.

Always contact an experienced attorney that practices in premises liability and personal injury to ensure that you receive proper compensation for your damages. Feel free to contact us at 954 431 8100 or 305 624 9186 or visit us online.

As I mentioned in my previous blog I will continue with the remaining 4 tips that you should follow should you be a victim of personal injury from a slip and fall accident. See below:

1. Medical reports and bills: Should your slip and fall be serious for you to be hospitalized you should have the attending doctor note how you received your injuries.

2. Follow the advice of your medical providers and keep all appointments with your physicians, physical therapists, etc. If you skip appointments, or don't follow the advice of your medical providers, the supermarket, or its insurance company, will use this against you during your case and will claim that if you would have followed the advice, or kept your appointments, your injury would healed or improved.

3. Should you be injured at a supermarket their representative (usually a risk manager) or an insurance company representative will contact you for a statement. It is advised that you consult with legal counsel before you speak with any representative.

4. Photograph evidence try to take as much photographs of the scene.

Once you have followed these 8 tips and you have retained your legal counsel to represent you should you decide to file claim, submit all the information you have to your attorney. This information will assist your experienced attorney in slip and fall injury in filing your claim.

Should you or a loved one find yourself a victim of personal injury contact us for your FREE consultation via 954 431 8100 or 305 624 9186 or you can visit us online.

In the United States, slip and fall accidents are the second leading cause of injuries and are the cause of over 15,000 deaths each year. An injury or death from a slip and fall, or a trip and fall, are oftentimes caused by a dangerous condition left to remain on a floor of a business open to the public, such as water on the aisles of neighborhood supermarkets, for an unreasonable period of time.

Below are 8 tips which I will divide into two blogs. These tips should be followed after a slip and fall at a workplace/ supermarket/ shopping mall or any other venue where an injury is sustained:

1. Seek medical attention right away. Call 911 and wait for the paramedics to arrive.

2. Determine what caused you to fall. Look around the area where you landed for water or other substances on the floor. Look at your clothing for water or stains. If you have a camera phone, take a couple photographs. Retain all physical evidence for example clothing etc that can be used as physical evidence to be used at trial.

3. Witnesses; should there be witnesses get all contact information from them as they will be extremely important to your case if your case goes to litigation.

4. Premises liability; building management; manager on duty. Report your fall right away. If you suffer an injury due to a fall at a supermarket, report the fall to the manager before you leave. Ask for a copy of the incident report while you are still at the scene of the accident.

As an experienced Slip and fall injury attorney practicing in Fort Lauderdale we advise that you seek legal counsel to ensure you are properly compensated should you decide to file claim. contact us for your free consultation via 954 431 8100 or 305 624 9186 or online.

With the economy slowly picking back up we see construction sites hiring workers and this can only mean injuries on jobsites are evident. Recently a 30yr old man Mr. Ramos received injuries after falling from the roof of a home at a jobsite in Fort Lauderdale, Florida. His company sent him out to a neighborhood to do roof repairs to a couple homes. Mr. Ramos was doing minor repairs to a roof which from the recent rains was leaking, and, not realizing the extent of the damage fell through the roof. Paramedics were called to the scene as he was said to be unconscious briefly, and the owner of the home was uncertain as to the extent of his injuries. Mr. Ramos regained consciousness but was taken to Broward General where he was kept under observation.

As a Fort Lauderdale attorney I have worked on numerous cases like this and Mr. Ramos will no doubt be entitled to workers compensation benefits from his employer. Once he has filed claim for Worker’s compensation his employer will have investigations done to ensure there was no negligence on the worker’s behalf and ensure that there was no failure to adhere to the safety standards as mandated by both OSHA and the Federal Occupational Safety and Health Administration for the city of Fort Lauderdale. The worker in turn should keep all records: the incident report and all medical bills etc which he will have to present to his attorney once he has filed claim for injury.

Should you or a loved one find yourself in a situation like Mr. Ramos, please contact an experienced Personal Injury Attorney who will look into a third party claim, which is usually filed against an entity or a person other than the victim’s employer, whose negligence may have caused the workplace accident, your personal injury attorney should have a strong and successful track record in handling these third party claims, as he will be able to help this worker in securing the compensation they deserve. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

I recently attended a soccer tournament at a Regional park in Fort Lauderdale over the weekend with some friends, this was the first time that I was so close to the game. I normally sit in the stands and watch the game, but at these local tournaments you are able to stand right at the side of the field you could even reach out and touch the players. It was really exciting to be so close until a spectator was hit by a loose ball.

The spectator was standing behind the goal when she was hit by the stray ball. It was a ball from a free kick so I can only imagine the power it was coming at, and obviously she was not paying attention and was hit right smack in the chest. She immediately doubled over and the paramedics that was on site attended to her. She was taken to the hospital for observation due to area that she was struck, although the injury seemed to be minor. She was released, and was advised to seek legal advice for damages, medical bills that she incurred from this injury.

In the State of Florida to be able to file any claim if you are injured at any of these recreational parks in the various cities, paramedics have to be called out and the injured has to be taken by ambulance to the local hospital. There is always risk to be taken into consideration when attending these sporting activities and one should always seek legal counsel from an experienced personal accident injury attorney to ensure that you know your rights.

It is always good advice for victims of personal injury always to seek counsel from an experienced personal injury attorney or premises liability attorney as it is important that you understand and know what your legal rights and options are. We have offices located in Fort Lauderdale, and throughout Miami-Dade and West Palm Beach, and we have successfully represented injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

This story caught my interest whilst I was doing research for my writing Twelve students and two teachers at the North Orange County Regional Occupational Program building in Anaheim were taken to the hospital with injuries after the roof of the adult classrooms collapsed on December 15, 2008 because a main drain failed. News reports in The Orange County Register, the injured victims suffered neck, back, muscular, skeletal and wrist injuries.

Officials are saying that the roof caved in after a main drain failed above one of the classrooms. This caused water to collect and the roof to cave in taking an air-conditioning unit down with it. The injured victims were said to have been between 17 and 50 years old. It was stated in the article that the school took out a building permit for a new roof in August of 2007 and a final inspection was completed the following month.

Reading this article I realized that this can happen at any time in Florida, and as a Fort Lauderdale attorney I would advise the injured to seek legal counsel from an experienced personal injury attorney immediately after seeking medical attention. Keep records and a timeline from the time the accident occurs to present: pictures of all injuries and medical bills for injuries and rehab that was incurred.

Should you or a loved one find yourself being the victim of personal injury, you should immediately contact an experienced personal injury attorney, as the authorities responsible for maintenance of the building can be held liable for the injuries caused from the roof cave-in. Contact us for your free consultation at 954 431 8100 or 305 624 9186.

Injuries at the workplace are a 'lil' more common than we realize, if you have been injured at work you will have to first apply for Worker's Compensation through your employer's insurance company. Representing victims of work place injury for the past years in Fort Lauderdale we have found some situations where the victim may be able to file a third-party injury claim for damages associated with your injuries. This is where seeking legal counsel from an experienced work place accident attorney in Fort Lauderdale is best in these situations, as your attorney will give you the guidance you need and will assist you to understand your rights.

Workplace accident third-party injury claims can include such circumstances such as :
- use of a defective product or equipment;
- injury due to a toxic substance at the workplace;
- intended wrongdoing of your employer;
- injury through a third-party whilst at your workplace.

Workers' compensation will provide payment and benefits to the injured victims but may not compensate for damages. It will also not cover punitive damages against employers who did not take proper workplace safety measures. Injuries in the workplace can range from slip and fall accidents, to injuries to the body such as back, arm, shoulder, elbow and knee. As I always advise victims of workplace injury always seek counsel from an experienced workplace accident injury attorney or premises liability attorney as it is important that you understand and know what your legal rights and options are, and ensure that you receive the proper compensation that you deserve. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

Fort Lauderdale and South Beach can be considered party central every weekend in South Florida, and on any given Monday we receive calls from victims of personal injury, whether it’s a slip and fall injury or the victim of a fight at a club or a pedestrian accident seeking legal counsel.

At the usual spring break festivities there were some incidents that occurred over the week, some serious to warrant police and a trip to the emergency room and others minor where paramedics have dealt with the injury and released. Recently our Fort Lauderdale office received a call from a man in his early 20’s, seeking legal counsel. He states that he was out partying with some friends that were visiting for the break, where he received the injury. Apparently he was partying at a night club on Fort Lauderdale beach, when he got into an altercation with another patron at the club, there was a fight and he was stabbed. Police and paramedics were called to the scene; he suffered a flesh wound and a punctured liver and had to be hospitalized.

Investigations were conducted by the authorities and our office also did some investigative work on behalf of the victim. Reports from the police showed that the nightclub did not have the required amount of security on the said night which makes then liable. Our client would be able to file claim against the night club for “negligent security”.

Should you or a loved one find yourself a victim of this type of injury or should you know someone that was in the same situation they should immediately seek legal counsel to ensure that they receive the compensation that they deserve for their damages and medical bills incurred. Contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

With South Florida rainy season still in effect sometimes just "running into" a store can be hazardous. With the weather finally holding up this past week, previously the afternoon showers, made running into a pharmacy in Miramar a dangerous task for Simone B.
Approximately three weeks ago with the ususal afternoon showers, Simone had to stop off at a pharmacy after work to run an errand. She parked and was entering the store when she slipped on the wet floor just as she entered the door. There was no notification or the yellow cones that you normally see stating "BE CAREFUL WET FLOOR". Simone hit the floor really hard and paramedics was called out, by the Store Manager as did not want to move her as they were unsure of the seriousness of her injury. Simone was taken to the hospital where she was seen by a Dr and referred for a follow up visit to a Specialist. Simone's injury was not serious for hospitalization as she only bruised her coxic bone "tail bone", but was given time off as this type of injury can be extremely painful. Simone did the follow up to the Dr just to ensure that there was no additional injury.

Simone's slip and fall caused her loss of wages, and medical costs incurred from the follow up visits to the Dr. She sought legal counsel from a Personal Injury Attorney practicing in Miramar, FL to ensure she received proper compensation from her injuries sustained from the fall.

In Florida we come across numerous slip and fall cases or personal injury claims are filed against businesses due to their own error. Should you or a loved one find yourself in a similar situation always seek legal counsel to ensure you are properly compensated. Contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

Injuries at the workplace are a 'lil' more common than we realize, if you have been injured at work you will have to first apply for Worker's Compensation through your employer's insurance company. Representing victims of work place injury for the past years in Fort Lauderdale we have found some situations where the victim may be able to file a third-party injury claim for damages associated with your injuries. This is where seeking legal counsel from an experienced work place accident attorney in Fort Lauderdale is best, as he/she will give you the guidance you need and will assist you to understand your rights.

Workplace accident third-party injury claims can include one or more of the following :
- use of a defective product or equipment, or you may be
- injury due to a toxic substance at the workplace, maybe you were injured due to
- maybe thru intended wrongdoing of your employer
- injury through a third-party whilst at your workplace

Workers' compensation will provide payment and benefits to the injured victims but may not compensate for damages. It will also not cover punitive damages against employers who did not take proper workplace safety measures. Injuries in the workplace can range from slip and fall accidents, to injuries to the body such as back, arm, shoulder, elbow and knee.

As I always advise victims of workplace injury always seek counsel from an experienced workplace accident injury attorney or premises liability attorney as it is important that you understand and know what your legal rights and options are, and ensure that you receive the proper compensation that you deserve. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

In a previous blog I touched what you should do should you be injured on someone else's property, seek immediate medical attention; then contact a Personal Injury Attorney to know your rights. Now, I will list a few things that you should NOT do should you be injured on someone else’s property, they are:

• Do not provide any statements to the property owner;
• Do not sign any statements or incident reports;
• Do not say anything that would imply fault on your part.

Depending on where you may have been injured, Personal Injury Attorney’s have found that in many cases, if you suffered the injury on public property the property owner will file a premises liability accident report, and a claims adjuster will contact you to get more information about your injuries. Again, do not give a statement to anyone that contacts you. First, consult with a personal injury attorney that specializes in premises liability cases and will be able to advise you accordingly. Many adjusters are trained to try and persuade you to settle the claim immediately and sign a release, talk to a lawyer first.

Always seek counsel from an experienced Personal Injury Attorney to ensure that your rights as the victim are protected and that you receive the proper compensation. If you or a loved one has suffered injury contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

With the weather as perfect as it is in South Florida, families and kids can be seen daily at the local parks and playgrounds enjoying the sunshine. In many of these cities across Broward and Miami-Dade county are owned by the cities and public agencies. Should you or a loved one be a victim of personal injury at one of these parks you should first contact the city that the park is located to find out that the deadline is for filing claim should you decide to. Many of these cities have short deadlines set for filing claims and they could run from 60 – 90 days within which you may have. After contacting the city and seeking medical attention you should immediately contact an experienced attorney in the city to seek legal counsel and file claim.

Examples of park and playground accidents resulting in personal injury are:
• Broken/poorly maintained park or playground Equipment (swings, “monkey bars” climbing apparatus, slides, gates)
• Falls from heights in parks/playgrounds
• Broken pavement in parks and playgrounds
• Exposed tree roots in parks or playgrounds

Apartment complexes, condominiums, cooperatives and schools also own or maintain parks and playgrounds. Whether the owner or operator of the park or playground where the accident you are inquiring about is a public or private entity, you should contact your personal injury attorney so they can perform a prompt investigation and advise you of your rights.

As an experienced attorney practicing in cities such as Fort Lauderdale, Sunrise, Davie, Cooper City, Weston, Plantation, Miramar and Pembroke Gardens, daily we see victims of these types of injury mainly to kids. Parents and victims should always remember to take pictures of the area where the accident occurred and the damages to the victim. Keep records of all the victims’ injuries including medical bills etc.

If you or someone you know has been injured in a park accident or playground accident, contact an experienced personal injury attorney to seek legal counsel to ensure you are properly compensated. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

Florida the cruising capital of the world, the two main ports: Fort Lauderdale – Port Everglades and Miami – Port of Miami will be busy with ‘cruisers’. From families, couples or just groups of friends out to have a good time, everyone should be informed of what steps they should follow if they injured whilst on a cruise ship or cruising.

As a Fort Lauderdale attorney representing victims of cruise ship injuries over the past couple years my office has put together some steps you should take immediately or follow once you or a loved one are injured whilst vacationing on board a cruise ship.
1. Go to the ship's doctor to get treatment for your injury, should you require medical attention;
2. Take photographs of your injuries and keep records of all your medical bills etc
3. Prepare an accident report and submit to the Security department on the ship, keep a copy for your records;
4. Also get the ship’s Security Department report and keep for your records;
5. Take photographs of the scene of the incident before it changes, if possible. If the scene has changed, still take photographs;
6. Witnesses are very important so make sure and get all their information even if they live out of state or out of the country;
7. Should you require additional medical attention, go to a shore side doctor at the next port of call; keep your medical bills etc.
8. Should you decide to file suit or a claim, please see the Cruise Line ticket as that may specify where the suit/claim has to be filed. Miami is the headquarters of many of the large cruise lines so the ticket may specify Miami, Dade County, Florida.

NOTE: If suit is filed in the wrong location and one year has gone by, your claim could be thrown out of court and it maybe too late to file in the correct location.

The above are just some steps and things to remember if you plan a cruise vacation. Hopefully, you will not have to worry about any of these things and you will have a safe and enjoyable vacation, however, it is better to be aware of your rights.

Should you or a loved one be the victim of injury on board a cruise ship, please seek immediate legal counsel once you are back from your trip to ensure you are compensated for your damages and medical bills incurred. Our firm represents clients throughout Florida who have been injured in a boating accident, or individuals in a cruise ship accident anywhere in the Caribbean. If you or a loved one has suffered an injury as a result of a boating or cruise ship accident, contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

In my previous blog I touched what you should do should you be injured on someone else's property, seek immediate medical attention; then contact a Personal Injury Attorney to know your rights. Now, I will list a few things that you should NOT do should you be injured on someone else’s property, they are:

• Do not provide any statements to the property owner;
• Do not sign any statements or incident reports;
• Do not say anything that would imply fault on your part.

Depending on where you may have been injured, Personal Injury Attorney’s have found that in many cases, if you suffered the injury on public property the property owner will file a premises liability accident report, and a claims adjuster will contact you to get more information about your injuries. Again, do not give a statement to anyone that contacts you. First, consult with a personal injury attorney that specializes in premises liability cases and will be able to advise you accordingly. Many adjusters are trained to try and persuade you to settle the claim immediately and sign a release, talk to a lawyer first.

Always seek counsel from an experienced Personal Injury Attorney to ensure that your rights as the victim are protected and that you receive the proper compensation.

If you or someone you love is a victim of a slip and fall injury in Florida, you should contact Cohn, Smith & Cohn to set up a free, confidential consultation, you can call our main office at (954) 431-8100

Martha and Tom Divia, and elderly couple living in Pembroke Pines, had a recurring engagement of visiting their friends Lori and Jake John at their condominium in an Over 55 community in Sunrise Lakes every first Saturday of the month to play bridge. This Saturday was no different than any other even though a thunder storm had passed through the Sunrise Lakes neighborhood earlier that day. As the couple was walking up to the front door of their neighbor’s home, Tom slipped and fell on the wet walkway leading up to the front door and suffered an injury.

Paramedics were called to the scene and Tom was taken to the hospital for observation, luckily he was not seriously injured just minor bruises. If you are injured on someone else’s property you should seek medical attention as soon as possible since the severity of injuries may not always apparent. After seeking medical attention you should contact an experienced Personal Injury Attorney to know your rights should you decide to file a claim against the owner of the property or the management company.

If you are the victim of any type of personal injury, you should call Cohn, Smith & Cohn today for a free evaluation of your case. We have more than 35 years of experience successfully pursuing personal injury lawsuits in the State of Florida, and we are dedicated to getting you the fullest possible compensation for your injuries. At a free consultation, our dedicated attorneys will discuss all of your rights and options with you, to help you determine your best course of action. Because there's no further obligation to you, there's no harm in speaking to us. If you or a loved one was injured, contact us online or call us at 954-431-8100 or 305-624-9186 to set up a FREE consultation to discuss your legal options.

On Saturday 29th January, Mrs. Jameson suffered severe and permanent personal injuries when the back yard deck of a house she was visiting collapsed from under her. The house – a foreclosed property in downtown Fort Lauderdale had been listed for sale on the U.S. Department of Housing and Urban Development’s Website and had been examined by HUD inspectors’ prior to Mrs. Jameson’s, visit. They overlooked or ignored the signs of the rotten wood flooring on the back yard deck.

In the collapse, Mrs. Jameson, who was considering purchasing the vacant property had climbed the back steps to the deck to look in the windows, when the floor collapsed. Paramedics were called to the house as she received injuries severe enough for her to be hospitalized. The hospital report from her attending physician states that Mrs. Jameson suffered a mangled foot and a fracture of the ankle from the collapse of the floor. She underwent five surgeries to repair the damage, but was still left with a very restricted range of motion and would require rehabilitation.

Mrs. Jameson’s family sought legal counsel from a Ft. Lauderdale personal injury attorney and presented evidence including medical reports documenting all her injuries to assist in filing her claim.

Should you or a loved one become the victim of a slip and fall injury you should seek legal counsel from an experienced South Florida Personal Injury attorney to know your rights. Please feel free to contact us for your free legal consultation.

Pool safety is a priority on all home owners, condo associations, hotels, resorts and the local parks in Sunrise and Plantation. It’s seen all the time on your television and in your local newspapers stories about drowning in pools due to poor supervision. These drowning incidents are sometimes ruled as accidents and no negligence found, but these stories like this one are have become all too common during the summer months in our County.

If you have a pool, it's important to use the following pool safety tips to avoid tragic accidents on your property:

1. Make sure an adult is supervising children at ALL times. Even walking away for a few minutes can lead to tragedy.
2. Contain the pool with some sort of barrier (such as a fence with gates that automatically close) around the pool on all sides.
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.

With more than one million pools between these three cities: Sunrise, Fort Lauderdale and Plantation, pool safety should be top of mind this summer. If you have experienced the loss of a loved one on someone else's property, it is critical that you contact a Fort Lauderdale personal injury lawyer to represent your case.

As a practicing Fort Lauderdale personal injury attorney we come across a variety of cases one in particular was a lawsuit filed against Dr. Thom a Fort Lauderdale Plastic Surgeon by his former neighbor Rhoda Marx. Marx claims that the Dr’s dog Max attacked her without provocation or warning, as stated in her personal injury complaint. Marx’s medical report states that she sustained abrasions, cuts, and deep puncture wounds from the bite.

Ms. Marx claimed that Dr. Thom knew that the dog could be unpredictable and had a history of biting persons and other pets. She filed a personal injury claim for compensation for her medical expenses, income loss, general damages, and pain and suffering.

Per Florida’s dog bite statute, a dog owner can be held liable for damages if the dog bites a person who is lawfully allowed to be on the property where the incident happened. The pet owner's prior knowledge of whether or not the dog is vicious is irrelevant. Also, there is a leash law requiring that a dog owner keep the pet on a leash unless it is confined to the home or within a fenced property. Depending on the circumstances surrounding the incident, if the attack occurred on property that is not owned by the dog owner, the premise owner may also be held liable.

Unfortunately, dog bite accidents happen. While owners must do what they can to prevent such incidents from happening, there are also steps you can take to protect yourself. If you or family members are a victim of a dog bite incident contact your Fort Lauderdale Personal Injury attorney to discuss your rights.

Grocery or food shopping is a weekly errand for everyone. On any given day during the week supermarkets across Broward County are full of shoppers. Margaret McPherson running her usual errands last Saturday, was at in the checkout line of an Albertson's in Davie, FL when her bag slipped as the clerk was handing it to her, Margaret bent over to prevent the bag from falling and spilling the groceries across the floor. She rested her hand on the credit card machine stand for support when it gave away and she fell to the floor. As minor as this injury may have seemed EMT's were called to the grocery by the store manager.

Margaret's received injuries serious for her to be hospitalized caused her loss of wages, and medical costs as she suffered serious damage to her knee and required surgery. She sought legal counsel from a Personal Injury Attorney practicing in Sunrise, Florida to ensure she received proper compensation from her injuries sustained from the fall.

In Fort Lauderdale we come across numerous slip and fall cases or personal injuries where claims are filed against businesses due to their own negligence. Should you or a loved one be the victim of a slip and fall injury you should seek legal counsel from an experienced South Florida personal injury attorney to know your rights.

Fort Lauderdale and South Beach can be considered party central almost every weekend, in South Florida and on any given Monday we receive calls from victims of personal injury, whether it’s a slip and fall injury, a victim of a fight at a night club, or a pedestrian accident seeking legal counsel.

At the usual spring break festivities this year there were some incidents that occurred, some serious to warrant police presence and a trip to the emergency room, and others minor where paramedics dealt with the injuries on the spot. Recently, a man in his early 20’s, was seeking legal counsel for an injury he obtained in a night club. He stated that he was out partying with some friends that were visiting from out of town on the spring break week from college. Apparently, he and the friends were at a night club on Fort Lauderdale beach, when he was involved in an altercation with another patron at the club, there was a fight amongst a few persons and he was stabbed during the scuffle. Police and paramedics were called to the scene; he suffered a flesh wound and a punctured liver and had to be hospitalized.

Investigations were conducted by the authorities and some investigative work was done on behalf of the victim. Reports from the police showed that the nightclub did not have the required amount of security on the said night, which may make them liable for the mere fact that the club could not control the crowd they set to entertain. A claim against the night club can be filed for “negligent security” and premises liability.

If ever you find yourself a victim of this type of injury or should you know someone that was in the same situation, immediately seek legal counsel to ensure that you receive the compensation that you deserve for the damages and medical bills incurred.

In South Florida personal injury attorneys have filed numerous personal injury claims against both corporate and commercial companies and or organizations stemming from escalator injuries, these injuries involve trapped feet, hands or shoes.

Escalator related injuries are mostly caused from clothing that is loose or dangling for example; shoelaces, drawstrings, scarves and mittens can become easily entrapped by the step of an escalator; not paying proper attention when attempting to embark or disembark the escalator, may cause a person to get seriously hurt or trip and fall .

As personal injury attorneys practicing in South Florida, we have represented victims of personal injuries due to these type accidents, where these victims have been injured in Malls while shopping, in corporate offices or anywhere where there exists an escalator for public use. From filing these claims we have compiled some safety tips for using escalator’s: always avoid the edges of the escalator's steps, this is where entrapment may occur; always hold the escalator’s handrail when attempting to embark or disembark the escalator, if you are accompanied by a child please hold his/her hand; use the elevator if you are carrying your child in a walker, stroller, or cart; always pay attention and be alert while using an escalator; and most importantly children should not be allowed to play on the steps of an escalator.

Should you become a victim of an escalator injury anywhere in South Florida, you should always contact a personal injury attorney to seek legal counsel and know your rights should you decide to file a personal injury claim against any entity. Contact an attorney now.

Last year, I wrote about the very sad drowning death of a two-year-old boy who wandered into an apparently unsafe backyard near his home. Isaac Dieudonne, 2, walked out the front door of his new home and into the pool area of the next-door neighbor’s home, which was vacant. At least two gates leading to the pool were reportedly open, despite laws requiring self-latching gates intended to prevent this type of accident. At the time, the case attracted my attention because of speculation that the home was vacant due to foreclosure. On Oct. 29 of this year, that speculation was confirmed by a McClatchy article about the Dieudonne family’s struggle to hold someone responsible for Isaac’s death. Because the home is in foreclosure, it isn’t clear whether the mortgage holder, mortgage servicer or maintenance company should be responsible.

According to the article, the Dieudonnes’ Miramar premises liability attorney wasn’t even sure who owned the property at first. The title had changed hands several times; some documents were fraudulent or had serious errors; and was at one point being foreclosed on in two cases at the same time. As a result, the family has named 20 defendants in the case, including owners, servicers, maintenance companies and a company that was holding the title for an owner. Some of the defendants claim they didn’t own the property at the time of Isaac’s death. All of this has already complicated the case, with an unnecessary move to federal court, and with 20 corporate defendants, more delays are likely. The Dieudonnes claim that neither the side gate to the home’s backyard nor the gate into the pool were fitted with self-closing spring locks, as required by Miramar city code -- and that they’re still unsafe today.

Unfortunately, drowning in swimming pools is a well known risk for toddlers and young children, which is exactly why cities have laws about self-latching gates. Under normal circumstances, a property owner’s failure to follow those laws can expose him or her to a premises liability lawsuit like the one the Dieudonnes are pursuing. Florida law gives everyone who owns or operates a property a legal obligation to ensure that the property is safe. This includes protections against foreseeable dangers, including the danger that a small child could get into a swimming pool without supervision. In my experience as a Lauderhill premises liability lawyer, handling this in a private home is usually a matter of handling the homeowners’ insurance company. But when it’s not even clear who owns the property, the entire process gets dragged out -- and the family’s suffering unfortunately gets dragged out along with it.

Continue reading "Family’s Swimming Pool Accident Lawsuit Complicated by Pool Home’s Foreclosure" »

As a Lake Worth premises liability attorney, I’ve written here before about the suspected “cancer cluster” at the Palm Beach County community of The Acreage. After an abnormally large number of children in the community were diagnosed with brain cancer, the community began pushing for tests to confirm suspicions that radiation may have contaminated the area’s groundwater. A previous test from the state found radiation in 10% of randomly selected wells in the community, and a New York City toxic tort law firm has also conducted tests finding radiation in homes. According to a Jan. 10 Sun-Sentinel article, the Palm Beach County Department of Health also plans tests to look for radon in homes where children lived when they were diagnosed with cancer.

The Health Department has been investigating the suspected cancer cluster since the summer of 2009 and has not yet concluded that rates of cancer there are unusually high. However, the tests for radon are cheap and easy to conduct, a spokesman said. The county plans to end its interviews with families in the next few weeks, at which time it will start the testing. The results will be presented at a community meeting about the problem in February. Radon gas is a by-product created when the radioactive chemical element radium decays. It is colorless, odorless and tasteless, making it difficult for humans to detect -- but it’s also a known carcinogen. Some Acreage residents believe the radiation could be the result of toxic spills from a nearby plant for rocket developer Pratt & Whitney, which later became a Superfund site.

As a toxic contamination site lawyer in Plantation, I will be very interested in the results of this study. Human beings knew radon caused sickness among miners as early as the sixteenth century, and federal agencies suggest immediate action when radon levels in a home or workplace exceed guidelines. If testing can identify radon as the source of the problem, homeowners can take that action as soon as possible to protect themselves and their families. Testing may also help investigators determine the source of the contamination, an extremely important issue for residents who are considering legal action. If radioactive contamination from the Pratt & Whitney plant is the problem, that company, real estate developers for The Acreage and government agencies may all be held legally liable for failing to warn residents about the risk of radioactive exposure.

Continue reading "Health Care Officials Plan Radon Tests at Cancer Patients’ Homes in The Acreage " »

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" »

As a Pompano Beach premises liability attorney, I was very interested in a recent report about an outbreak caused by contaminated water at an upscale Miami hotel. The Miami Herald reported Dec. 13 that bacteria in the water at the Epic Hotel is believed responsible for one death among the guests and two other cases of illness. All three victims contracted a rare form of pneumonia called Legionellosis, or Legionnaires’ disease, which is generally transmitted by breathing water vapors infected with the Legionella family of bacteria. Authorities say that the three victims represent only a fraction of all of the guests the hotel had seen over the past two months, but about 300 guests still asked to be moved to other hotels.

The problem was uncovered by a joint investigation between Florida state health officials and the Miami-Dade County Health Department. The investigators put the blame on the hotel’s powerful new water filter -- which, ironically, was intended to improve the quality of the drinking water. The filter was so powerful that it removed the chlorine from ordinary Miami city tap water, allowing bacteria to grow. The result was three known cases of Legionnaires’ disease in the past two months, affecting unrelated European tourists. The first victim, a man, visited the hotel on the way to a cruise ship, where he became ill. He was rushed back to the mainland for treatment, but died. The other two victims were a man sickened in late November and a woman who fell ill this month. The article did not mention whether they have recovered. Poor international communication prevented authorities from discovering the connections earlier, county officials said.

The article says that the hotel is working with the county to fix the problem, by bypassing the water filter and temporarily tripling the chlorine in the hotel’s supply. But as a Hallandale Beach dangerous premises lawyer, I wonder whether careful investigation beforehand would have revealed that the water filter was removing necessary safeguards from the hotel’s water supply. According to the Centers for Disease Control and Prevention, Legionella bacteria are common in the environment and especially likely to be passed on at hotels. Like many bacteria, they thrive in the warmer temperatures common in South Florida. Chlorinated drinking water may taste bad, but it’s also specifically intended to inhibit growth of microbes in the public water supply. All of these facts suggest that the hotel should have at least considered the chance of contamination before filtering out the chlorine.

Continue reading "Contaminated Water at Miami Hotel Kills One Guest and Sickens Two Others" »

As a Miramar premises liability attorney, I was interested to see a report about a major incident at Walt Disney World that left about 300 people stuck in cars high above the ground. The Orlando Sentinel reported Dec. 14 that a hard drive failed in the computer system that runs the monorails at around 1 a.m. early on Sunday, Dec. 13. The computer problem cut off power to seven monorail cars, three of which were out of the station with people inside. No injuries were reported, but the Reedy Creek Fire Department used ladders to rescue guests from the high monorail tracks, which a Disney spokesperson said was motivated by customer service concerns. The trains began running again around 4 a.m. and were operational when the park opened Sunday.

It was the third incident involving monorail service at the Magic Kingdom this year. In July, a Disney employee was killed when two of the trains crashed. In the fall, an electrical short shut down parts of the system in an incident that affected 25 people but did not result in any injuries. While nobody was hurt in this latest incident, several park visitors wrote in to television station Central Florida News 13 complaining about the way Disney handled the incident. Because the power was out, there was no air conditioning, they wrote, leaving it hot and muggy inside. One passenger said her driver said not to open the emergency windows in case the glass fell out and onto people below. She also complained that the driver misled her car, saying at first that they were waiting for clearance, and then that they were experiencing minor technical difficulties. Another Disney visitor wrote in to say that his train had a power outage earlier in the day, which stranded him for about 45 minutes.

I am pleased that nobody was seriously hurt, even though the experience sounds hot and stressful and probably kept a lot of kids up past their bedtimes. As a Hollywood premises liability lawyer, I can think of a few ways in which someone could have been injured by the experience. Simply being stuck in a small, hot, humid place for three hours could cause problems for people with certain health conditions, such as people with heart problems or time-sensitive medications. Incorrect instructions, or failure to control an angry crowd, could also lead to injuries from people climbing out of the car or getting involved in fights. Just as Disney has a responsibility to make sure its rides and grounds are safe, it also has a responsibility to prevent incidents that it can reasonably anticipate, which may include problems with out-of-control guests. Failure to do that could lead to a tragedy and expose Disney to a premises liability lawsuit.

Continue reading "Power Failure Strands Disney World Visitors on Monorail for Three Hours" »

Last month, I wrote on this blog about a Palm Beach County sheriff’s deputy who suffered burns over about 60% of his body after the gas pump he was using simply exploded. Sgt. Richard Ragali was badly burned Oct. 2 during a motorcycle ride to the Florida Keys with a group of friends. When they pulled into a gas station in Marathon, Ragali’s Harley slipped in a puddle of gas, triggering an explosion and pinning him underneath the bike. Ragali has been hospitalized at Jackson Memorial Hospital ever since. According to a Nov. 14 article from KeysNet.com, he and his family are suing the gas station and its parent companies for failing to take care of the gas spill and prevent the accident.

Ragali’s lawsuit, filed last week in Palm Beach County Circuit Court, names Circle K, Shell Oil, Circle K store number 2386 and Motica Enterprises LLC as defendants. According to television station WPBF, the suit alleges that the store’s owners had been warned several times over the preceding weeks that there was a gas puddle at the pump. Nonetheless, they negligently failed to take action, the complaint charges. Ragali is seeking damages for his medical bills, lost past and future earnings, injuries, pain, suffering, permanent disfigurement and loss of enjoyment of life. His sons, 16-year-old Joshua and 20-year-old Joseph, are claiming the loss of their father’s services, support, guidance and other care. Their family’s West Palm Beach premises liability attorney said they’ve been living with their mother, who is divorced from Ragali, since the accident.

I was also sobered to read about some of the serious consequences of Ragali’s burn injuries. KeysNet reported that he is in a specialized burn unit, where he has received multiple skin grafts and is undergoing physical therapy. The family’s attorney said Ragali recently took 20 steps -- a big deal for his family. As a Lauderhill burn injury attorney, I’m sorry to say that this is not unusual for someone who was so severely burned. In addition to being unpleasant to look at, the inflexible scar tissue from a bad burn can also restrict the victim’s movements if not prevented, corrected or both. Victims typically need long-term physical therapy, care from a burn specialist or dermatologist and sometimes surgeries. Not surprisingly, all this medical care can be very expensive. For someone as badly burned as Ragali, medical costs can easily reach seven figures over a lifetime.

Continue reading "Burned Sheriff’s Deputy Sues Over Leaky, Exploding Gas Pump" »

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" »

Our Tamarac premises liability attorneys were interested to see in the South Florida Sun-Sentinel Sept. 27 that the Catholic Church is a defendant in a new lawsuit over toxic mold. A group of residents from St. Andrews Towers in Coral Springs, owned by the Archdiocese of Miami, are suing the archdiocese, the organization that runs the towers and Catholic Health Services for allegedly covering up the mold problem at the five-story seniors’ complex. Residents say the mold makes the air inside the apartments unhealthy, and that the archdiocese knew about the problem but concealed it from residents, even painting over some mold to hide it.

The attorney in the case had sued St. Andrews over the same problem in 2002, a suit that ended in a confidential settlement. Now he alleges that the complex did not take serious steps to fix the mold problem, instead recruiting people to live in the apartments despite the compromised air quality. Spokespeople for the defendants strongly dispute that claim, saying there’s no evidence for any mold problems and that the plaintiffs have never tested for mold. However, the plaintiffs’ attorney said he had personally seen the mold in at least 20 apartments at the complex. Resident Rose Barros said she had complained about mold a few months ago and workers had torn out the offending wall, only to have the same problem on the new wall.

As a Miramar premises liability lawyer, I know mold could be an especially serious problem for senior citizens. Any mold on the walls and ceilings of a home may be ugly, but there are serious health problems associated with certain mold and fungi, particularly a variety called black mold. Mold spores can trigger respiratory problems and allergies in healthy people, but in sensitive people, it can trigger serious respiratory distress, asthma attacks, constant low-grade cold and flu symptoms and more. Among those most likely to be affected are the elderly, who spend more time indoors and tend to have existing health problems. If it’s true that St. Andrews knew about a mold problem and concealed it from residents, it may be judged legally responsible for all of the health problems caused by its inaction and deceit -- which could be far more expensive than simply fixing the problem.

Continue reading "Senior Citizens Allege Catholic Housing Complex Tried to Hide Mold Problem in Building" »

As a Pompano Beach premises liability attorney, I was very interested in a recent news item about a gas pump exploding for no clear reason. The South Florida Sun-Sentinel reported Sept. 9 that investigators are still looking into the cause of the explosion at a Coconut Creek gas station Sept. 8. Fortunately, the explosion caused only minor injuries to Eden Sherwood, a 48-year-old Deerfield Beach man who was using the pump at the time. However, the fire melted a plastic trash can next to the pump and charred Sherwood’s car with what he described as a “ball of fire.”

According to the article, Sherwood had just finished pumping gas and was reaching into his car for his cell phone when the explosion happened. Investigators do not believe that the cell phone was the cause, and said Sherwood did not report smoking or lighting a match before the incident. However, it’s unclear whether Sherwood’s car was running while he was pumping gas; he said he turned it off, but firefighters found it running at the scene. Investigators are considering the car’s engine as one cause, as well as mechanical malfunctions by the pump, electrical problems, arson and smoking. The financial tally for the damage to the car and station may reach as high as $70,000.

Investigators may still find that actions by Sherwood or another person were responsible for the explosion. However, as an Aventura premises liability lawyer, I immediately wondered whether this incident could be traced to faulty equipment or maintenance by the gas station itself. Under Florida law, all businesses have a responsibility to clear up safety hazards on property open to the public. If people seriously hurt because they haven’t met those standards, the victims have the right to sue the business for their injuries and all related financial costs, such as the cost of hospitalization and a replacement car. In this case, those financial costs could be high -- but everyone involved is lucky that the cost in human suffering wasn’t much higher.

Continue reading "Coconut Creek Fire Department Investigating Cause of Sudden Gas Pump Explosion " »

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" »

The St. Petersburg Times recently ran an article on the complications faced by two sisters who are trying to track down the truth about their mother's death. Their mother, Anne Talley, died after going into cardiac arrest at the Hard Rock Hotel & Casino in 2007. The sisters, one of whom was on the scene that night, dispute claims about how quickly the casino staff called 911 after Talley collapsed and what other steps they took to treat her before emergency medical technicians arrived. They want the casino to release records that could end the dispute -- but because the casino is owned by the Seminole Tribe, they cannot force the issue. The Seminoles, as a sovereign nation, are immune from lawsuits under the legal concept of sovereign immunity.

Sovereign immunity is a legal concept saying governments can't be sued, simply because they are governments. That includes Indian tribes, whose land is technically a kind of foreign nation. It also applies to the federal government, states and many local governments. Governments often waive their immunity for specific purposes, such as a lawsuit alleging wrongdoing by government officials, but they're under no special obligation to do so. In fact, when they do lift it, they frequently make it more complicated and difficult to sue them than it would be to sue a private individual or business. For example, many government agencies require you to go through a non-judicial grievance process before you may sue, or notify them that you plan to sue within a very short time after an accident.

The idea behind sovereign immunity is to protect public funds (and thus taxpayers) from lawsuits that could bankrupt them. But in an age when governments can and do get liability insurance, it's hard to see this doctrine as anything other than a convenient way for governments to avoid responsibility for their own actions, or the actions of their employees. Because the Seminoles decline to turn over the records or simply settle, the sisters have no other recourse. In fact, the article notes that they lost their lawyer because there was nothing else he could do for them. That may all be perfectly legal, but it denies them access to justice, the chance to file a Florida wrongful death lawsuit and perhaps peace of mind over their mother's death. (Victims of cruise ship injuries who have signed unfair contracts are in a similar situation.)

Because of these severe restrictions on lawsuits against the government, I always tell clients with these claims to act as quickly as possible after an accident. If you are suing a government entity that has waived its immunity, you often must still meet requirements with very strict deadlines -- some as short as 30 days. If you're considering this kind of claim, I urge you to contact my firm, Cohn, Smith & Cohn, as soon as possible to preserve your access to the courts. We offer free consultations, so there's no risk in speaking to us to learn about your rights and your options.

In early November, a Miami jury awarded a man $1.2 million in a lawsuit over an extremely unfortunate accident at a batting cage. The Miami Herald reported that the young man was hit in the groin by a 60-mph pitch from a pitching machine. The accident happened after the machine was supposed to have been finished pitching; its light was off and it had finished its round of balls. But when the victim returned to the batting cage to pick up balls, at an employee's request, he was hit by an unexpected pitch that eventually sent him to the hospital.

This story is a good example of a potential Florida premises liability lawsuit that goes beyond a simple slippery floor or wobbly staircase. Premises liability laws require owners of businesses (and most other properties open to the public) to keep their properties free of hazards of all kinds, including malfunctioning equipment as well as tripping hazards and icy sidewalks. Other examples of hazards on a property might be abandoned refrigerators or cars; toxic substances or live electric wires exposed to the air; uncontrolled guard dogs; and swimming pools that aren't gated or locked to keep out toddlers.

In this case, the article suggests that the man's case focused on careless behavior by employees -- asking him to re-enter the batting cage before it was clear that it was safe to do so. In Florida and in many other states, business owners may be held legally responsible for the actions of their employees, as long as those actions were within the scope of their employment. "Within the scope of employment" generally means that the employee has to be doing job-related duties for the employer's benefit, within the hours and physical location normally authorized by the employer. For example, a delivery driver who runs a red light on the job is acting within the scope of his employment, even if his boss didn't tell him to run the light and would have told him not to.

Finally, it's worth noting that the victim in the batting cages lawsuit was awarded $160,000 in medical costs and $1 million in pain and suffering. Given the nature of the injury, I have no doubt that the victim was indeed in great pain, and may well have been deeply embarrassed as well. Such high pain and suffering damages are a bit unusual in an injury case -- but because it's hard for juries to put a value on physical pain and emotional suffering, there's no hard and fast rule. If you've been hurt on someone else's property and would like to know more about your own case and potential damages, Cohn, Smith & Cohn can help. Contact us today for a free consultation on your case.

A restaurant at the Hard Rock Casino in Hollywood had a minor emergency in mid-November that could have been a major one. According to the South Florida Sun-Sentinel, the restaurant was evacuated at about 9 a.m. after a strong smell of gas was reported. Firefighters responding to the scene found that a pilot light at the restaurant was out, which means that natural gas was leaking into the building, filling a large area with a highly flammable gas. This can cause an explosion if the gas is exposed to any source of ignition, even something as small as a cigarette lighter or sparks from faulty wiring. Luckily, the area was evacuated and the gas company was able to fix the problem before anyone was hurt.

The folks who run this restaurant are lucky twice over -- once that the problem was fixed before someone was hurt, and again that it happened so early in the day, before the restaurant could fill with customers. Florida businesses that are open to the public (and private homes with invited guests) have a legal obligation to their customers to maintain a safe environment, or warn visitors about hazards. If they fail in that obligation, by creating unsafe situations or letting safety problems slide, customers and visitors who get hurt have a right to sue them. This is called a premises liability lawsuit, and it applies even when the business didn't know about the problem, but reasonably should have known.

I can only imagine the number of Florida premises liability lawsuits that could be filed against a business that failed to detect or take care of a gas leak in a busy area, causing hundreds of people to be wrongfully killed or very seriously burned in an explosion. But premises liability also applies when someone is hurt in less extreme situations -- a slip down the stairs, holes in the floor during construction or a staircase without a handrail. In some cases, a business or landlord that fails to anticipate and protect visitors from violent crime might also be liable for their injuries under the same laws.

A premises liability lawsuit can help you secure money for your medical bills, wages you lose because of an injury and even compensation for your pain and emotional trauma. If you have been hurt outside your home by dangers that you believe your host could have and should have taken care of, you may be able to make a claim. To learn more about your legal options, please contact my firm, Cohn, Smith & Cohn, for a free consultation.

The Sun-Sentinel ran a piece recently on the problems faced by small businesses operating out of a warehouse in Pembroke Park, not far from our own main office in Pembroke Pines. The article says the warehouse has housed 300 small businesses in former storage units for as long as 30 years -- but an inspector has only recently discovered that none of them are up to the fire code. Because the units were originally storage rather than commercial or industrial buildings, they didn’t need back doors -- but as businesses, they do.

I sympathize with these business owners. It’ll take creative thinking to solve the problem posed by the building’s structural limitations. But as a businessman myself, I know it’s very important to solve the problem, and there are two reasons why. One is the obvious one: Nobody wants a loss of life. If a fire ever does happen, every cent put into preventing unnecessary deaths will be worth it. You might remember the disaster at the Station nightclub in Rhode Island in 2003, in which 100 people died and many others were injured. In that case, there were fire exits -- but they were obscured by smoke, causing a stampede for the front door. The club was also above its capacity and didn’t have sprinklers installed because of a grandfather clause in local laws.

The other reason may not seem quite as clear for folks who aren’t personal injury attorneys or owners of large businesses. If you’re a business open to the public or clients, you have a legal responsibility in the State of Florida to keep your premises free of dangers, or warn people of any you can’t fix. And you’re legally liable for any injuries that take place if you don’t meet those responsibilities. For the folks in the Pembroke Park warehouse, that means that they could be sued for wrongful deaths or serious personal injuries if they’re unlucky enough to have a catastrophic fire break out without the right safety measures in place. Nobody wants the financial or moral responsibility for that kind of tragedy.

If you’ve been seriously hurt by a preventable danger on someone else’s property, contact Cohn, Smith & Cohn for a free evaluation of your case.