Published on:

In the midst of all the holiday festivities is a lurking risk on our roads: Drunk drivers. drunk driving injury lawyer

A recent analysis by SCRAM Systems (the company that sells DOT-approved alcohol and location monitoring devices) notes that while during most of the year, 28 percent of highway deaths are related to alcohol, that figure spikes to 40 percent during the holidays. Over Thanksgiving, it’s 35 percent, Christmas, 41 percent, and on New Year’s Eve/ Day, it’s 58 percent.

What’s more, 16 percent of adults surveyed say they drink more than usual over the holidays. Half said alcohol plays some role in their family’s holiday gatherings and an astonishing 96 percent say they either went to work hung over after a party or know someone who did. Bear in mind: Being hungover can sometimes still be considered impaired driving, even if your blood-alcohol concentration falls below the per se limit of 0.08, as outlined in F.S. 316.193. The statute allows for a criminal conviction any time a person is “under the influence of alcoholic beverages… to the extent the person’s normal faculties are impaired.”  Continue reading →

Published on:

The president of a Rhode Island boating company has died from injuries sustained in a single-boat crash in the Florida Keys during the Florida Powerboat Club Key West Poker Run. The crash occurred last month near the Faro Blanco Resort and Yacht Club in Marathon, Florida, according to BoatingMag.com.boating accident attorney

The publication reports the owner of Outerlimits Offshore Powerboats was on board the vessel with four other men, including the 52-year-old operator of the boat. Two of the others on board were treated at a nearby hospital with personal injuries after the crash, while the other two were not injured. The 63-year-old decedent is survived by his wife and six children, who range in age from 15 to 38.

Although racing powerboats could be deemed by some as an inherently dangerous activity (decedent himself was quoted in a 2009 Newsweek article, in which he referred to himself as an “adrenaline junkie”), this does not mean the operator of the boat was not responsible to use reasonable care. These boats cost approximately $500,000, travel more than 100-miles-per-hour and the driver and throttle man are required to wear five-point harnesses in an enclosed canopy.  Continue reading →

Published on:

In the last decade, the Pew Research Center has closely analyzed the many ways Americans use social media to interact with others and seek information. Researchers discovered that in 2016, almost 8 out of 10 Americans who are online (which is most) use Facebook, 24 percent use Twitter and a third use Pinterest, Instagram and LinkedIn. For instance, most Americans are now getting their news via social media. They are also using it at work, whether in the course of their job, to seek employment or just to take a mental break from the stress of their day. personal injury lawyer

While these platforms provide information, entertainment and interactivity, they can also have a profound impact on your personal injury case. This is increasingly true as more Americans are online. We use these sites to document our everyday experiences, so it’s natural for attorneys – on both sides – to closely examine the information available to ascertain whether it can be a benefit or a hindrance to their case. As The American Bar Association pointed out, social media posts, pictures and messages can be compelled into evidence, assuming the requesting attorney can make an argument that the information is:

  • Authentic;
  • Relevant;
  • More probative than prejudicial;
  • There is no hearsay problem.

Continue reading →

Published on:

If you have suffered a personal injury, you may be faced with a hospital lien on whatever damages you collect from the tortfeasor (wrongdoer). Hospital lien claims typically arise when you have received some emergency care after an auto accident or slip-and-fall and you lacked insurance to fully cover your treatment for your care. personal injury lawyer

Having an attorney to help you navigate this is important because usually, the charges claimed for the lien are highly inflated – well above what a typical health insurer would pay for the same treatment. Although hospitals and health care providers do have statutory rights to impose these liens, and they may not have to reduce the amount to the extent they would for an insurer. However, your injury attorney can help you negotiate and argue for what is truly fair.

Every state has different rules for how it handles these issues, and the Tennessee Supreme Court was recently faced with answering whether “reasonable charges” are the discounted amounts hospitals accept as full payment to the insurer or if it is the full, undiscounted bill sent to patients.  Continue reading →

Published on:

Anytime you purchase property in Florida, an inspection by a licensed, certified home inspector is typically part of the process. F.S. 468 Part XV covers home inspector requirements.  Home inspectors are called upon to closely examine the structure and property and identify potential material defects. But what if they miss something that ends up resulting in personal injury? Will you have a claim?personal injury lawyer

The answer is not a simple one, and will depend on the language on the home inspector contract (whether the contractor limited his/ her own liability), as well as the duty of care owed to the person filing the claim.

The question in a recent premises liability lawsuit out of Tennessee was whether a home inspector was liable to a third party who suffered personal injury on a someone else’s property due to a construction defect.  Continue reading →

Published on:

As the holidays approach, the demand for new toys will be high, both in stores and online. Buyers must be cautious when purchasing items to make sure they are following the manufacturer’s age recommendations and that they stay tuned to any reports of injuries or news of a potential toy recall.injury lawyer

The U.S. Consumer Product Safety Commission (CPSC) recently issued its annual Toy-Related Deaths and Injuries report for 2016, revealing that last year, there were a total of 240,000 emergency department trips spurred by dangerous or defective toys. That doesn’t represent a significant statistical trend

While not every toy-related injury is cause for a personal injury lawsuit, if plaintiff can show the product was unreasonably dangerous or defectively designed or defectively manufactured, there may be grounds for legal action. Serious injuries can occur when toys are made cheaply, with toxic materials or sold with inadequate warnings. Defendants in these cases can include anyone in the chain of distribution – from the product designer to its manufacturer to its distributor. Continue reading →

Published on:

A man who tripped and fell at a large chain store while purchasing a watermelon has won a $7.5 million verdict against the store. slip and fall attorney

The incident happened in Alabama, and a local jury decided the premises liability lawsuit in his favor, awarding him $2.5 million in compensatory damages and $5 million in punitive damages.

According to AL.com, the plaintiff was shopping at a when he reached into a container to pull out a watermelon to put in his shopping card. However, he reportedly tripped and his foot became lodged in a wooden pallet that was the floor. He fell, suffering numerous injuries, including a broken hip. According to plaintiff attorneys, the container of watermelons was situated on a wooden pallet that was not visible upon approach. Although plaintiff didn’t step onto the wooden pallet, his foot slid into a side opening as he pulled out the melon and got stuck. Then when he turned to put the melon the cart, his foot was immobile and he fell.  Continue reading →

Published on:

When examining liability for a South Florida car accident, our injury lawyers in Cape Coral will of course first examine the negligence of the other. We’ll examine the potential vicarious liability claims of the vehicle owner, the driver’s employer and the motor carrier (if applicable). We may even look closely at whether there was a vehicle defect that would render the auto manufacturer or repair shop responsible to cover damages. In some cases, the local county or municipality could be liable too if there is evidence the entity failed in its duty to maintain public roads.car accident

It’s not often in these cases that we will lodge a premises liability claim – but it’s not something that should be discounted. Premises liability involves the responsibility of property owners to maintain their site in a reasonably safe condition. Usually, these types of claims would include things like slip-and-fall accidents or trip-and-falls or drownings. However, it may arise in a car accident claim if there is evidence some condition on the property that posed a danger to drivers, bicyclists or pedestrians. There are a number of successful Florida premises liability claims that have stemmed from car accident injuries.

The California Supreme Court recently considered one such case involving a pedestrian accident that resulted in the injury of a church member who was struck crossing the street from the church overflow parking lot to the main parking lot on his way to attend services. The court ruled that a landowner does not owe a duty of care to assist invitees to cross a public street when the landowner maintain a parking lot requiring invitees to cross the street to access the landowner’s main site – as long as the typical dangers of a public street aren’t in some way magnified or hidden by some condition of the landowner’s property or by some action taken by the landowner.  Continue reading →

Published on:

Expert witness testimony is sometimes critical to trucking accident lawsuits, which can be some of the most complex types of injury cases. These large vehicles cause some of the most horrific crashes on our roads, resulting in serious injury and death – and making the stakes in these lawsuits very high. truck accident lawyer

As noted in F.S. 90.702 of Florida’s Evidence Code, testimony by experts is allowed, but not without restriction. It can be entered where scientific, technical or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue. A witness may be considered a qualified expert by their knowledge, training, education, skill and/ or experience. They can use this background to form on opinion or outline conclusions – but only if the testimony is:

  • Based on sufficient data/ facts;
  • The product of reliable principles and methods AND;
  • Has been formulated with the applied principles and methods of the witnesses’s expertise reliably to the facts of the case.

Continue reading →

Published on:

While the majority of auto accident injuries are the result of negligence by one or more motorist involved, crash victims shouldn’t overlook the possibility that a vehicle defect may have been a contributing factor, if not the sole cause.car accident attorney

The auto industry hasn’t garnered a great deal of public trust in recent years, as numerous class action lawsuits have revealed a long-standing pattern within the industry to conceal vehicle defects from unsuspecting members of the public. Last year, as noted by Automotive News, auto makers recalled a record 53.2 million vehicles for defects ranging from seat belt failures to malfunctioning airbags to non-working breaks. These are serious deficits that, even if they don’t cause a crash, may result in one suffering injuries that far worse than they otherwise would have been.

Now, we receive news of the latest reported problem, which involves an alleged defect wherein Chrysler Pacifica vans are shutting off suddenly in mid-travel. The New York Times reports one man in San Francisco was driving at 70 mph down the highway in his brand new van when the vehicle shut off without warning. As she explained, “It just died.” In the middle of a congested highway, the van slowed to a crawl with no power steering or electrical power. The driver edged his way over as far to the right as he could, trying desperately to get to the shoulder with what little juice was left as vehicles whizzed by. He was barely missed by a semi-truck that laid on the horn and was forced to swerve.  Continue reading →