Miami Personal Injury Lawyer Blog

In October 2010, toys sold at California Wal-Mart and Target stores were found to have lead levels higher than limits allowed by federal law, according to the Center for Environmental Health (CEH). A chair sold at Target was reported to have lead levels 70 times the allowable amount. Several Wal-Mart products, including toddler bean bag chairs and children's boxing gloves, also exceeded lead limits, based on the CEH report. Target pulled the dangerous products from its shelves nationwide, while Wal-Mart stopped selling the products in its California stores. Neither retailer has issued a formal recall.

Companies Should Be Held Responsible When Lead Levels Injure Children

Extreme levels of lead can cause permanent damage, including developmental disabilities, cognitive delay and slow growth. A child who suffers such injuries will need access to extensive rehabilitation programs and special education. All of this care requires tremendous financial resources that the average family may not have.

Under the law, manufacturers, importers, distributors and retailers are all responsible for injuries caused by a defective product that they place into the stream of commerce. Though federal and state laws provide for certain testing and evaluating procedures, excessive amounts of lead and other foreign substances continue to find their way into our children's toys. A product liability lawsuit against the companies responsible for allowing sale of a toy with high lead levels may be the best way for the family to obtain compensation for the past and future costs associated with the child's injuries. Successful product liability claims may also serve as a warning to toy companies, encouraging them to strengthen their safety processes to avoid additional lawsuits in the future.

How Do I Learn About Defective Products?

Every day the news has another story about a defective product, many of them children's toys containing lead or other harmful substances. The U.S. Consumer Product Safety Commission (CPSC) has a website and e-mail list to inform subscribers of product recalls as they happen. Consumers can also sign up to receive e-mail alerts of product recall news stories through Google News simply by typing the words "product recall" into the search field. It is imperative to stay informed about dangerous products, particularly toxic toys or other baby products that contain lead.

Contact a Lawyer

Experienced product liability attorneys, like those at Greenberg & Stone, P.A., can assist parents and children injured by toys with dangerous lead levels. For more information, visit us at www.sgglaw.com.

Related Resource: Center for Environmental Health "High Levels of Lead in Kids' Products - Yet Wal-Mart May Continue to Sell Tainted Items"

Fatal car accidents caused by distracted driving rose 3 percent from 2004 to 2008, according to National Highway Traffic Safety Administration (NHTSA) data. Distractions can come from a variety of sources, both in and out of the car. With so many things, from cell phones to billboards and construction, fighting for drivers' attention, accidents are bound to happen.

Distracted Driving Is Negligent Driving in Florida and Elsewhere

Unlike some other states, Florida does not yet have a law banning cell phone use while driving. Even without a formal law on the books, however, a distracted driver may be held legally responsible for causing a car accident through negligence. Negligence is the failure to do what is reasonable under the circumstances and breaching the applicable duty of care.

All drivers owe others on the road the duty to operate their cars reasonably and safely. Adequate care requires a driver to stay focused while driving. Using cell phones and other electronics devices while driving significantly diminishes a driver's ability to react to changing road conditions. A 2009 study by Car and Driver even concluded that texting while driving can be more dangerous than drunk driving.

Cell Phones Aren't the Only Distraction

Texting while driving gets a lot of news coverage, but distracted driving isn't just about cell phones. According to the U.S. Department of Transportation, there are three types of driving distractions that increase the chance of an accident:

• Cognitive: A cognitive distraction occurs when a driver takes his or her mind off the tasks required for safe driving. One example of a cognitive distraction is mentally reviewing a fight with a spouse rather than paying attention to the road.
• Manual: A manual distraction involves the driver removing his or her hands from the wheel. Sending a text or grabbing a dropped item are examples of manual distractions.
• Visual: A visual distraction is when the driver takes his or her eyes off of the road. Checking on a screaming child in the back seat or star gazing at night are types of visual distractions.

Distracted driving is a serious concern in the United States. In Florida alone, at least four fatal accidents were directly caused by driver distraction in 2009.

A Personal Injury Attorney Can Help

If you or someone you love has been injured or killed in a motor vehicle accident, contact a knowledgeable car accident attorney, like those at Greenberg & Stone, P.A. An experienced personal injury attorney will thoroughly evaluate your claim to find out whether the driver's careless use of a cell phone caused your injuries. For more information, visit us at www.sgglaw.com.

In 2006, nearly 13,000 Florida women were diagnosed with breast cancer, according to the most recent statistics published in the Florida Annual Cancer Report. The same study showed that 33 percent of the breast cancer cases had reached an advanced stage at the time of initial diagnosis.

The key to successful treatment of breast cancer is early and accurate detection. When breast cancer is misdiagnosed or undetected and allowed to reach an advanced stage without treatment, the breast cancer patient's chances of survival rapidly diminish.

For example, a woman who is diagnosed with Stage 0 cancer, also called ductal carcinoma in situ (DCIS), has a 100 percent chance of survival. However, a woman whose cancer was not diagnosed until the cancer escalated to Stage III cancer has just a 67 percent chance of survival after five years, based on the 2005 National Cancer Data Base and American Cancer Society statistics.

Physicians and other medical professionals who fail to diagnose breast cancer or provide a patient with an incorrect diagnosis can be held responsible for medical malpractice.

Types of Breast Cancer Misdiagnosis

While incidents of breast cancer misdiagnosis are "exceedingly difficult to determine ...," the Susan G. Komen for the Cure Foundation stated in a 2006 white paper that it is possible that as many as 90,000 people may be "living or dying with an incorrect diagnosis."

There are several medical mistakes that can seriously harm a woman who is afflicted with breast cancer. A single error in the process of evaluating possible breast cancer can delay treatment and allow the cancer to spread.

A doctor's failure to order further tests when breast cancer is suspected may mean that he or she failed to conform to the standard of care required under the circumstances. If this is the case, the physician may be liable for medical bills, pain and suffering, and more.

Similarly, a radiologist or pathologist may make a serious medical error by misreading the mammogram or biopsy results. The radiologist or pathologist may have been negligent in reviewing the results of the test and can be held responsible for the devastating error.

An Attorney Can Help

A breast cancer misdiagnosis can be frightening and confusing. For guidance and an evaluation of your legal rights after a breast cancer misdiagnosis, contact a knowledgeable medical malpractice attorney, like those at Greenberg & Stone, P.A. An experienced medical malpractice lawyer can assess your case and help you receive the compensation you deserve. For more information, visit us at www.sgglaw.com.

Florida law requires every driver to carry car insurance, but do our insurance laws go far enough? If a Florida driver is "fully covered" under Florida's car insurance laws, how well will he or she be protected in the event of a serious car accident? If a "fully covered" Florida driver causes an accident, what can the victims expect in terms of compensation from the responsible driver's insurance company?

The answers to these questions may surprise you.

What Does 'Fully Covered' Mean?

The only type of car insurance required by Florida law is personal injury protection (PIP) insurance. This is no-fault car insurance, which means that your insurance company will compensate you regardless of who caused the accident. Under PIP coverage, your own medical expenses (usually up to 80 percent) and your lost wages (up to 60 percent) are covered, up to a maximum of $10,000. While $10,000 might sound like a lot, the funds can go quickly, especially if you have suffered a serious injury.

Don't Florida Drivers Have to Carry Liability Insurance?

Liability insurance, sometimes called bodily injury insurance, provides an additional source of compensation for any victims of a motor vehicle accident caused by a driver who carries this type of coverage. In a typical liability insurance policy, the insurance company agrees to provide coverage for liability claims after an accident up to the policy limits.

Florida drivers are not required to carry liability insurance. In practical terms, this means that you could suffer devastating injury in a car accident that was clearly caused by another driver but be limited to the $10,000 compensation available through your PIP coverage.

What About Uninsured Motorist Coverage?

Drivers who have uninsured/underinsured motorist coverage (UM/UIM) are protected to a certain extent in the event of a serious car accident with a driver who does not carry adequate liability insurance. If you have UM/UIM coverage, then you can make a claim against your own insurance company to cover some of your expenses from an accident that are not covered by your PIP policy and that exceed the amount of liability coverage carried by the person who caused the crash.

What You Can Do

Carefully review your family's car insurance policies to make sure every family member is adequately covered in the event of an accident. If you don't already have uninsured motorist coverage, consider adding UIM to your policy. Ask your insurance agent about other types of voluntary insurance coverage, and make sure you get clear answers to your questions.

Consider the fact that the PIP limits are higher in some other states that require drivers to carry personal injury protection insurance. For example, in Minnesota the maximum is $40,000, and in New Jersey the maximum is $250,000 for certain catastrophic injuries. Urge your state representatives to reform our car insurance laws.

If you or someone you love has been injured in a car or truck accident and you have questions about insurance claims after the accident, contact an experienced motor vehicle accident attorney, like those at Greenberg & Stone, P.A. A knowledgeable car accident lawyer can help you get the compensation you deserve for medical bills, lost wages, and pain and suffering. To learn more, visit us at www.sgglaw.com.

A young single mother with low blood pressure, a man with a thyroid condition, a woman experiencing pregnancy complications, and a 9-year-old with tuberculosis. At first glance, it may appear that these four have nothing in common. But all were injured because of pharmacy prescription errors -- errors that could have been prevented.

According to a 2003 Auburn University study, over 56 million prescription errors are made by American pharmacists each year. The same study projected that a consumer has a one in 1,000 chance of getting a prescription with a serious, life-threatening error. With doctors writing more and more prescriptions each year, and pharmacies employing people who are underqualified, overworked or both, it is important for consumers to educate themselves about their medications in order to keep an eye out for potential mistakes.

Protecting Yourself From Potential Errors

While only the pharmacy and its employees can prevent an error, consumers can take several steps to protect themselves from being injured by a prescription error:

• Confirm the name of your prescription. As soon as your doctor gives you your prescription, read it aloud and ask your physician to confirm it.
• Verify the dosage. When you ask about the drug name, also ask about the dosage. If your doctor says to take it twice a day with food, make sure what the pharmacy gives you has the same instructions.
• Find a reputable pharmacy. Many preventable errors are made by improperly supervised pharmacy clerks or technicians with little or no training. Go to a pharmacy that has more than a single licensed pharmacist. You can also check with the Florida Board of Pharmacy (under the Division of Medical Quality Assurance) to verify the status of a pharmacist's license and see if he or she has any past disciplinary actions.
• Check the prescription. Read the label and check the pills or liquid before you leave the pharmacy and again before you ingest the medication. Resources like drugs.com are great, as they show you what a certain medication should look like. If refilling a prescription, be sure to take notice of any differences from the pills you took previously.
• Ask questions before you sign for your prescription. Pharmacists are required by federal law to counsel customers about prescription drugs. Each time you sign for your prescription, you are waiving your right to counseling from the pharmacist. Speak with the pharmacist and ask what the drug is for, how you should take it and for how long. Tell the pharmacist what other drugs or supplements you are taking and ask if your prescription will interfere with anything else you are taking. Ask what happens if you miss a dose. Make sure you understand what you are taking and why.

While a good start to protecting yourself, these steps are not foolproof. If you or a loved one is injured because of a negligent pharmacy, contact an attorney experienced in handling pharmacy prescription errors, like those at Greenberg & Stone, P.A. To learn more, visit us at www.sgglaw.com.

Manufacturers have a duty to ensure their products are safe for everyone to use. This duty is particularly important when a product is intended for use by children. When improperly manufactured or designed toys enter the market, the results can be debilitating and even deadly.

Most recently, toy manufacturer Fisher-Price -- one of the most popular and trusted names in children's products -- recalled over 10 million toys because they could possibly cut, choke or otherwise harm children. When a child suffers serious injury or dies because of a dangerous toy, the toy's manufacturer may be liable.

Details of the Fisher-Price Recall

The massive recall involves several Fisher-Price products. According to the U.S. Consumer Product Safety Commission (CPSC), children have sustained serious lacerations after using multiple models of Fisher-Price tricycles and high chairs. In addition, the CPSC reports that Fisher-Price infant activity centers and multiple models of toy cars pose serious choking hazards to young children.

Tips for Parents

When acquiring toys, parents can take some basic steps to avoid products that may pose a safety threat:

• Take time to look over toys and consider ways they may cause problems
• Pull on small parts to determine how easily they will come off
• Talk to other parents and ask them about their experiences with similar toys
• Watch children play with new toys over an extended period to make sure that no unanticipated problems arise
• Stay alert for recalls from the CPSC and do not allow children to use toys that have been recalled

Following these basic steps can go a long way in preventing serious injury to children. However, even the most vigilant parent is unable to prevent every accident.

Manufacturers Are Responsible

Manufacturers have a legal duty to produce products that are reasonably safe for their intended uses and other foreseeable uses. If a manufacturer has reason to know that a product is unsafe or if it has not adequately tested a product that causes injuries, the manufacturer may be liable.

An Experienced Lawyer Can Help

If you or someone you love has suffered an injury because of a defective toy or other dangerous product, contact an experienced product liability attorney, like those at Greenberg & Stone, P.A. A knowledgeable product liability attorney can assess your case and help you receive the compensation you deserve. To learn more, visit us at www.sgglaw.com.

Business and property owners have a responsibility to ensure the safety of their patrons, visitors and guests. Improperly lit parking lots, dark entranceways and unmonitored common areas can render visitors vulnerable not only to slip-and-fall accidents, but also to attack, robbery or worse.

When a person is injured by a criminal attack on someone else's property - including hotels, shopping malls, university campuses and private residences - business and property owners may be liable. Negligent security lawsuits allow injured parties a means of recovery from negligent property owners for medical bills, lost wages, pain and suffering and other damages.

What Duty Is Owed by Property and Business Owners?

Under Florida law, property and business owners have a duty to keep their premises safe to prevent injuries to patrons, visitors and guests. This duty includes a responsibility to prevent injuries caused by reasonably foreseeable criminal acts. In the context of a negligent security lawsuit, a criminal act is foreseeable when its occurrence can reasonably be expected under the circumstances.

It is not enough for business and property owners to provide warnings that criminal attacks may occur. Rather, they must proactively identify and repair conditions on their premises that enable criminal attacks against patrons, visitors and guests.

If a guest or visitor suffers injury because a property owner or occupant fails to properly exercise this duty, then the injured guest or visitor may be entitled to compensation for his or her injuries.

Contact Experienced Legal Counsel

If you or someone you love suffered an injury as a result of a violent crime on someone else's property, contact an experienced negligent security attorney, like those at Greenberg & Stone, P.A. Lawyers experienced in representing clients in negligent security cases can help you pursue the compensation you deserve. For more information, visit our Negligent Security Information Center.