South Florida Injury Attorney Blog

A federal statute regulating locomotive safety preempts a state products liability and wrongful death lawsuit, according to the U.S. Supreme Court. A former railroad worker, and later his estate, sued multiple companies, alleging that exposure to asbestos in their products while he was a railroad employee caused his cancer. In Kurns v. Railroad Friction Products Corp., 132 S. Ct. 1261 (2012), the Supreme Court affirmed lower court judgments dismissing the lawsuit due to federal preemption.

George Corson, the decedent, worked for nearly three decades as a machinist and welder for the Chicago, Milwaukee, St. Paul & Pacific Railroad. He worked in locomotive repair, installing brakeshoes; and in locomotive maintenance, removing boiler insulation. He ceased employment with the railroad in 1974, and received a diagnosis of malignant mesothelioma in 2005. He and his wife filed a lawsuit in Pennsylvania state court in 2007 naming fifty-nine defendants, including Railroad Friction Products Corporation (RFPC) and Viad Corp. The lawsuit alleged that RFPC distributed products containing asbestos, and that Viad succeeded a company that manufactured and distributed products containing asbestos. The plaintiffs asserted causes of action for defective design and failure to warn of danger. Corson died after filing suit, and the court substituted his executor, Gloria Kurns, as a plaintiff.

The defendants removed the case to the federal district court for the Eastern District of Pennsylvania. That court granted their motion for summary judgment based on the argument that the Locomotive Inspection Act (LIA), 49 U.S.C. § 20701 et seq., preempted state claims for damages. The statute, enacted in 1911, requires “railroad carriers” to maintain locomotive equipment in safe working order. 49 U.S.C. § 20701(1). The Supreme Court held that the LIA preempts state claims for injuries by both railroad passengers and rail workers in Napier v. Atlantic Coast Line Railroad Co., 272 U.S. 605 (1926). The Third Circuit Court of Appeals affirmed the district court’s ruling, and the plaintiffs appealed.

Continue reading "Supreme Court Finds that Federal Law Preempts State Asbestos Lawsuit: Kurns v. Railroad Friction Products Corp." »

A man working on a cruise ship filed suit against the cruise line company and the companies that allegedly employed him, asserting various injuries that he claimed arose from medical treatment aboard the ship. The defendants in Petrovic v. Princess Cruise Lines, Ltd., et al filed motions to dismiss, alleging under Federal Rule of Civil Procedure 12(b)(6) that the plaintiff failed to state a claim for which the court could grant relief. The court agreed with the defendants and granted their motions to dismiss the suit, giving the plaintiff time to revise his pleadings.

Zeljko Petrovic worked aboard the M/S Diamond Princess, a cruise ship owned and operated by Princess Cruise Lines, Ltd. He claims that he was injured on or about August 6, 2010 as a result of negligent medical treatment provided by the defendants. His complaint specifically states that “the Defendants” failed to provide adequate medical care, but does not identify one or more specific defendants as the negligent party or parties. The ship was docked at a United States port when he fell ill and went to the ship’s hospital for treatment. He claims that the negligent medical treatment exacerbated his illness and caused permanent damage to his heart.

Petrovich filed suit in the U.S. District Court for the Southern District of Florida against Princess and three other companies: Steiner Transocean Limited, Steiner Leisure Limited, and Steiner Transocean U.S., Inc. The complaint identifies Petrovich as a seaman working in service of a vessel. It asserted several causes of action, including general negligence under the Jones Act, unseaworthiness of the ship, and failure to provide maintenance and proper medical treatment.

Continue reading "Seaman's Lawsuit for Maritime Injuries Dismissed Upon Cruise Line's 12(b)(6) Motion" »

A killer whale at SeaWorld in Orlando, Florida pulled a trainer into the water in February 2010, resulting in the trainer’s death. SeaWorld has faced multiple legal challenges, including an investigation by the Occupational Health and Safety Administration (OSHA), which led to a fine in 2011. The company also faced a lawsuit from the family of a child who witnessed the incident and, according to his parents, was severely traumatized by the experience. Their lawsuit for intentional and negligent infliction of emotional distress, which a judge dismissed in September 2011, demonstrates how difficult it can be to prevail on a claim for damages inflicted emotionally rather than physically.

The Connell family brought their son from their home in New Hampshire to Orlando for his birthday. They went to see the “Dine With Shamu” show on February 24, 2010, featuring a killer whale named Tilikum. At the end of the show, the whale reportedly grabbed a trainer, 40 year-old Dawn Brancheau, by her ponytail and dragged her down into the water. Tilikum dragged Brancheau around the water tank until park workers were able to retrieve her body.

Continue reading "Death of Florida SeaWorld Trainer Shows Difficulty of Claiming Damages for Emotional Distress" »

Living in South Florida along with the beautiful coastlines on our east and west coasts we have an abundance of lakes, canals and the Everglades, need I say anymore. In the previous blogs I have written they have been mainly about dog bites etc… never anything like this. I found this article in the Sun Sentinel and had to blog about it. Read below…

What if you are attacked by an Alligator??

Fort Lauderdale, FL Sun Sentinel- BEWARE - Alligator Safety Tips

Stay out of the Way!

Seek immediate medical attention if bitten by an alligator. Bites often result in serious infection.

I used this article as a "food for thought" to make you think about it. What do you really do should you find yourself in a situation like this, or receive this type of injury who would be responsible for my medical bills.

We all live, or within close proximity to a beach or neighborhoods that border lakes and canals. Alligators can be found at pet stores and considered as exotic pets, but as they grow and become too big to be kept as pets they are released into canals and the lakes becoming a danger and nuisance for the homeowners in the respective neighborhoods in Fort Lauderdale and its environs.

Should you or a loved one become a victim on this type of injury, after seeking medical attention you should seek counsel from an experienced attorney in personal injury, to ensure you know your rights. Contact us at any of our offices located in Fort Lauderdale, Pembroke Pines or Weston, online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

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" »

(Sun Sentinel, Fort Lauderdale, FL) A 39-year-old construction worker was recovering in the hospital Thursday after falling down an elevator shaft, according to Fort Lauderdale Fire Rescue.

He was extricated, stabilized and taken to Broward General Medical Center. The injuries are not believed to be life-threatening, he said.

As a Fort Lauderdale Attorney practicing worker's compensation law for the past 10 years in South Florida, I have represented numerous families who have been victims of this type of personal injury. I would advise the family of the injured worker to keep all record of his injury in the form of pictures of his immediate injury with timeline showing his recovery; pictures of the job site and the exact location where the injury occurred; request a copy the accident report from the first responders whether it be the Fire Rescue or the Fort Lauderdale Police; also seeing that worker was taken to Broward General Hospital, his family should request copies of his medical reports should be kept, as this will assist his legal counsel in filing a strong worker's compensation claim should he decide to.

Should your or a loved one be a victim of personal injury accident requiring worker's compensation you should immediately seek legal counsel to ensure you get the compensation you deserve. Contact any of our offices located in : Fort Lauderdale, Weston; Coral Springs; Aventura; Pembroke Pines or Silver Lakes for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

Continue reading "Construction job injury" »

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.

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.

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.

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.

Personal injury can happen anywhere, anytime, to anyone. It can happen on the streets of Miami, in an office in Broward or in a night club in Palm Beach County. Accidents at work happen every day and some resulting injuries can be very serious. Unexpected and sudden events can happen throughout the work day at anytime so one must find him or herself prepared.

Industrial accidents can cause unfortunate and serious injuries or even death. Regardless of workers’ compensation, someone living in South Florida can incur thousands of dollars in medical bills and suffer wage losses due to an injury that occurred at the workplace. Whether you are a construction worker injured on scaffolding in South Florida, an accountant hurt at work in Coral Springs, an office administrator in Margate who slipped and fell at work, a manual laborer in Pembroke Pines who overexerted him or herself, an IT worker electrocuted by unsafe conditions at a Hollywood office, or someone who was in a car accident in Pompano Beach while on the clock making deliveries, your injuries may be serious and there is legal recourse for you.

The courts in Miami, Broward and Palm Beach Counties, hear countless cases arising in South Florida from people who suffer various work related injuries. If you have been injured while on the job, you should contact a South Florida personal injury lawyer immediately. Your employer might tell you that they will take care of the issue. They may tell you that involving a lawyer is not necessary. We see many cases where individuals never contact an attorney because they believe their employer has their best interests in mind. However, often enough this is not the case.

If you have been injured during work in South Florida, whether in Cooper City, Jupiter, Hialeah, West Palm Beach, or Hollywood, you should immediately contact a South Florida personal injury lawyer so you can find out what your rights are and what is in your best interests.

A family man was doing work on a construction site in downtown Fort Lauderdale, when an accident occurred. Apparently, the man was working on the roof of a building when he fell about 16 feet from the ledge of the building. Paramedics were called to the scene and our repairman’s injuries required him to be hospitalized. He sustained injury to his wrist and he tore the left rotator cuff of his shoulder.

His family contacted an attorney’s office to seek legal counsel as to whether he would be able to file claim against the owner of the building or receive worker's compensation. His family prepared with documentation of his injuries retained an attorney in Pembroke Pines. They knew enough to get pictures of the area where the accident occurred and they provided medical bills for his visit to the hospital and for his rehab.

In cases like these where the worker was injured on the job and sustained serious or permanent personal injury, the case will be carefully reviewed to see if there is the availability of a potential third party claim. If it is found that there was third party negligence, then that third party will be liable for the damages inflicted to the victim if premises liabilty can be proved. Victims of negligence deserve to be properly compensated for their damages.

It is very important that you find an attorney that has represented victims of accident cases similar to yours as he will understand exactly what is necessary to win your case. Should you or a loved one be injured on the job or at the workplace, you should seek immediate counsel to ensure that you receive proper compensation for the damages you may have incurred.

After falling from the roof of a building where he was working, a 34year old man suffered injuries at his jobsite in Davie, Florida. While fixing a hole in the roof of a building that had been damaged by fire, the worker fell through the roof hitting several fluorescent light bulbs on his way to the ground.

Fire officials said the man was knocked out briefly, but regained conscious when he was transported to a Broward hospital, his injuries were not life threatening, but serious enough for him to be hospitalized.

This worker will probably be entitled to workers compensation benefits from his employer, but may also be entitled to compensation from the construction company he was contracted to work for which may be liable for not keeping the premises in working order. Investigations were made as to whether it was someone’s negligence or failure to adhere to the safety standards as mandated by both OSHA and the Federal Occupational Safety and Health Administration.

Continue reading "Construction worker injured on a job site." »

A recent article about a jury verdict caught my eye as a motorcyclist and an Aventura wrongful death attorney. According to the South Florida Sun-Sentinel, the family of a man killed in a 2006 motorcycle accident has been awarded $8.48 million in court. The family of John Potts, 51, sued James Harvey for failing to yield at a flashing red light as Potts crossed the intersection. Harvey’s Hummer hit the motorcycle Potts was riding, killing him before he arrived at the hospital. The jury verdict includes $4 million for Tracey Potts, the victim’s widow; $2 million for each of their two daughters; and $480,000 in lost income for the family. Harvey’s attorney could not be reached for comment, but the Potts family’s attorney said they were happy with the verdict.

The accident took place Aug. 8, 2006 at the intersection of Beeline Highway and Jog Road outside West Palm Beach. Potts was on the highway, approaching a flashing yellow light, while Harvey was on Jog Road approaching a flashing red light. Witnesses said Harvey slowed for the red light but did not stop, causing him to “T-bone” Potts as his motorcycle passed through the intersection. Potts was not wearing a helmet. Harvey was on the job at the time, as a self-employed environmental lobbyist. The Potts family’s attorney said Harvey’s defense first focused on suggesting that Potts should have anticipated the cross traffic. Harvey’s attorney also argued that a construction company working on the Florida Turnpike should have put a green/yellow/red light at the site.

As a Miami Gardens wrongful death lawyer, I’m pleased that the jury apparently did not believe these arguments. It is unfortunately common in wrongful death cases for the defendant to blame the victim. However, Florida law requires drivers to treat flashing red lights as if they were stop signs, and Harvey reportedly did not do that. That means he ran the red and is legally responsible for the results. I’d also like to discuss the fact that Harvey was at work at the time of the accident, which usually means the employer shares legal responsibility. That might seem like a moot point when the driver is self-employed, but in fact, it might mean Harvey’s business assets as well as his individual assets are available to pay a legal judgment. In this case, that could mean business insurance as well as his individual auto insurance.

Continue reading "Jury Awards $8.5 Million to Family of Motorcyclist Killed by Driver Who Ignored Light" »

Federal investigators are looking into an accident at an Orlando theme park that hospitalized a worker with serious injuries, the South Florida Sun-Sentinel reported July 14. The U.S. Occupational Safety and Health Administration said it would look into the July 1 incident after receiving a “referral” from an unnamed informer. The referral did not come from the theme park itself, the newspaper said; it is not required to report accidents that resulted in no deaths and fewer than three hospitalizations.

According to the newspaper, the accident happened at around 7:30 a.m., before the Islands of Adventure theme park opened for the day. Under circumstances the paper did not report, the employee was hit by one of the cars of the Dueling Dragons roller coaster ride. The employee suffered serious injuries, but the newspaper did not go into detail. Universal said it was already involved in the investigation, would continue to cooperate and did not believe the accident showed the ride’s safety was compromised.

Most people think of theme park injuries as a danger to the public -- not to employees. But theme park workers may actually be more likely to be hurt than their visitors, because they spend so much more time there. Most theme parks are safe, but as a Boca Raton workplace injury attorney, I know that accidents do happen -- and they can be extremely serious. A report from the Orlando Sentinel shows that Islands of Adventure alone has seen 42 reported South Florida theme park injury lawsuits since 2001, including cases of neck injury and broken bones as well as unspecified “serious injuries.” While some of these injuries were simple slip and falls, others involved the rides -- and one report said a stunt man fell on a woman, suggesting that the employee may have been injured as well.

Continue reading "Federal Workplace Safety Organization Investigating Injury Accident at Universal Orlando Theme Park" »

In late October, the federal Bureau of Labor Statistics finally released its statistical report on nonfatal workplace injuries and illnesses in 2007. As a Florida construction accident and workers' compensation lawyer, I was pleased to see that both the raw number of injury cases and the rate have gone down slightly since 2006. The agency reports 4 million overall cases of injury or illness in the workplace, down from 4.1 million in 2006, while the rate per 100 workers dropped from 4.4 in 2006 to 4.2 in 2007. (These numbers apply only to private industry; government workers are not counted.) Happily for us here in Florida, our state's rate of injury or illness is actually below the national rate -- 3.9 cases per 100 workers.

According to the agency, five individual industries saw declines: mining, construction, manufacturing, health care and social assistance, and the category of agriculture, forestry, fishing and hunting. This is interesting in part because among those categories are some of the most dangerous industries in the United States. Construction, mining, agriculture/fishing/hunting and manufacturing are all well-known as some of the most dangerous civilian jobs in the United States, with high fatality and injury rates. About half of the injury or illness cases were considered serious, said the Bureau of Labor Statistics, meaning that the worker needed time off to recover, a job restriction or a temporary transfer. That number also fell, from 2.3 cases per 100 workers in 2006 to 2.1 in 2007.

The vast majority of the cases in the study were injuries, not illnesses, which accounted for 3.8 million of the four million reported cases. Health care is not among these, but the agency did note that it saw a sharp decline in skin diseases, which we hope reflects a drop in preventable hospital staph outbreaks. Among business types, general medical and surgical hospitals had by far the most cases of injury or illness, more than 253,500. That's far more than the number of cases in the next largest industry, general merchandise stores, which had about 142,000 cases.

Workplace injuries are important. People who work 40 hours a week spend about a third of their waking lives at work, where they cannot always control their working conditions. Federal and state workplace safety laws are supposed to help ensure a secure workplace and Florida workers' compensation laws are supposed to help workers get help after an injury. Unfortunately, employers and others sometimes ignore these laws in an effort to save money, regardless of the cost in human lives, pain or suffering. If you've been injured at work in South Florida and would like to learn more about your legal rights, my firm, Cohn, Smith & Cohn can help. Please contact us as soon as possible to set up a free consultation.