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Bicycle and Pedestrian Safety in SWFL

The National Highway Traffic Safety Administration projects a slight decline in the final tally of traffic fatalities in 2018, even as the number of pedestrian and bicycle deaths continues to rise. Overall traffic deaths are projected to decline by 1 percent, Forbes reported. However, pedestrian deaths were up 4 percent…

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New CPSC Toy Report: 240,000 Toy-Related Injuries, 7 Deaths in 2016

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…

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Establishing Vicarious Liability for Crash on Theory of Respondeat Superior

Most car accident lawsuits are a simple matter of proving negligence, shown by establishing: Duty owed to plaintiff (i.e., duty to other motorists to obey laws and act in a reasonably prudent manner); Breach of duty (carelessness or violation of law); Causation (breach of duty caused the accident); Damages (plaintiff…

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Post-Irma Roads Nearly as Dangerous as the Storm

Floridians have unfortunately long been notorious for being bad drivers – and that’s with a network of operational traffic lights, upright trees and a system of active police patrols.  But after the extremely powerful Hurricane Irma walloped the state earlier this month, there were downed traffic lights, trees, power lines…

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Hurricane Evacuee Dies in Hit-and-Run Crash

As historic Hurricane Irma came barreling toward Southwest Florida, many residents hurried to leave the state. Some were under mandatory evacuation by local and state officials fearing unprecedented and dangerous storm surge. Others were afraid to live for days or weeks without water or power.  All of this led to…

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Driver Cited in I-75 Fort Myers Car Accident That Led to Amputation

A crash on I-75 that led to catastrophic injuries for one North Fort Myers woman has now led to a careless driving citation for a St. Petersburg man. According to The News-Press, the 30-year-old victim, a mother and foster parent, stopped on the side of the highway to help another…

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Tort Reform Proponents Make Gains, Threaten to Make Injury Lawsuits Tougher

Proponents of tort reform are pressing forward with a series of bills that, if passed, would make it increasingly difficult to file an injury lawsuit, to pursue class action litigation or to obtain just compensation.  The term “tort reform” is a tidy way of explaining efforts that make it harder…

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The Major Fall: Leonard Cohen Dies of Fall, a High Risk for Elderly

Leonard Cohen, a Canadian singer, songwriter, poet, novelist and painter, was reportedly at peace with the idea of death, hoping only it wouldn’t be too “uncomfortable.” The icon, author of “Hallelujah,” died in his sleep last month. However, his manager later revealed that the 82-year-old’s death may have been linked…

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Anderson v. Hilton Hotels Corp. – Attorney Fees in Florida Premises Liability Lawsuit

Attorneys’ fees are often a concern of personal injury plaintiffs, or anyone needing professional legal help. But when it comes to personal injury or wrongful death cases, almost always there is a contingency fee arrangement, which means the client pays nothing upfront and the attorney is ultimately reimbursed a percentage…

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Stahl v. Hialeah Hospital – Florida Workers’ Compensation System Challenged

In workers’ compensation law, the exclusive remedy provision makes it clear that employers can’t be held liable in civil court for damages related to work injuries in most cases where they carry workers’ compensation insurance. Proving fault isn’t necessary in workers’ comp cases, and it’s supposed to be a trade-off:…

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