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While our personal injury lawyers have previously discussed the Florida 5th DCA case of Southern Owners Insurance Company v. Cooperativa  v. De Seguros Multiples, etc. as it relates to negligent supervision, this blog considers a different issue.  Although many drowning accidents in Florida result from lack of adequate supervision, trespassing children can receive special protection under the law.  Swimming pools pose a unique risk to young children who often lack the maturity and experience to understand the threat of drowning or severe injury including brain damage from oxygen deprivation.

Although the main issue in the case involved the absence of a lifeguard or other supervision, drowning incidents sometimes involve children who wander onto property with a pool without express or implied permission.  Lawsuits arising out of swimming pool drownings on the property of another are governed by premises liability law.  When a person is injured by a hazard on the property of a third party, the individual’s purpose for being on the property will dictate the duty of care owed by the owner.  Continue reading →

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Our Miami premises liability lawyers often publish blog articles that highlight the many obstacles trip and fall victims face when pursuing personal injury lawsuits in Florida.  Although the legislature has placed obstacles in the path of those injured because of falls due to lack of maintenance and care, a recent decision of an appellate court in Florida provides encouragement for plaintiffs injured because of the negligence of property owners.  In a recent case, the court considered whether the “obvious” nature of a hazard entitled a defendant to summary judgment.

The plaintiff was injured while attempting to conduct a banking transaction at an ATM machine at the defendant bank.  The plaintiff planned to drive up to the ATM machine but decided to use the walk-up ATM when she discovered the bank was no longer open.  When the plaintiff approached the area of the outdoor ATM, she discovered the area was under construction.  The plaintiff testified to the court that a sign was positioned in front of the cash machine with an arrow directing patrons to proceed around a barrier in front of the construction.  When she walked around the barrier in the parking lot, the plaintiff stepped into what she characterized as a “pothole” that caused her to fall.  The plaintiff suffered an injury to her back and neck and a fractured leg and foot. Continue reading →

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Our Miami personal injury attorneys often review court decisions that illustrate important legal issues or new developments in the law that have a potential impact on our clients.  However, sometimes we call attention to court decisions because of the disturbing nature of the outcome.  This blog post serves as a cautionary tale regarding the importance of having exemplary legal representation because the analysis of a judge or court can be unanticipated, so you need a knowledgeable and experienced lawyer.

A recent decision by a Florida appellate court denied a widow loss of consortium damages despite a forty year marriage after her husband allegedly died from exposure to asbestos.  John Kelley was exposed to asbestos from 1973 to 1974, which preceded his marriage to his wife Janis Kelly by two years.  Mr. Kelly was subsequently diagnosed with mesothelioma, which is caused by asbestos exposure.  The couple filed a product liability lawsuit against several asbestos manufacturers based on strict liability. Continue reading →

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If your infant is injured during the birthing process or immediately before or after delivery, the news is devastating.  Approximately one in 323 children are identified with motor and developmental disabilities associated with a diagnosis of cerebral palsy (CP) according to the CDC.  Medical malpractice lawsuits, insurance company hurdles, and the complexities of litigation might not be your highest priority.  However, parents of an infant who experiences a birth injury must be prepared for enormous medical expenses and supportive care throughout their child’s lifetime.  In this blog, our medical malpractice attorneys discuss a lawsuit illustrating the unique complexities associated with the statute of limitations and attorney-client privilege in the context of a birth injury claim.

The plaintiff was a mother who gave birth to a daughter on July 16, 2005.  The mother was informed that her daughter was diagnosed with cerebral palsy by a neurologist in early 2007.  The plaintiff filed a motion to extend the statute of limitations for pursuing a medical malpractice claim against the physicians, clinics, and hospitals.  The plaintiff filed a notice of intent to commence litigation of the medical malpractice claim in November 2013.  Continue reading →

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While you might have visited a grocery store hundreds of times without incident, you have probably seen spilled liquids, fruit smeared on the floor, and other hazards that could easily cause a fall resulting in severe injury.  If the management and ownership of a grocery store design and implement adequate safety and maintenance practices, grocery store slip and fall accidents often can be prevented.  Whether a hazard is caused by failure to schedule maintenance routines, lack of response to shopper reports of a spill, insufficient lighting, or sloppy cleanup of a foreign substance on the floor, careless or inattentive employees and management can spell disaster.  Even when a supermarket fails to properly clean up a spill or banana peel, litigation of a grocery store slip and fall accident can be complicated.  In this blog, our Miami personal injury lawyers review a case demonstrating the importance of having an experienced legal representative in your corner.

In a case several months ago, Edwards v. Hyvee, Inc., the plaintiff filed a lawsuit after slipping and falling on a piece of watermelon that spilled on the supermarket floor.  The grocery store was offering samples of the watermelon in a busy area within the market.  The grocery store owner did not dispute the allegation that the plaintiff’s fall was caused by watermelon on the floor.  While this might appear like a situation where the store was clearly at fault, this lawsuit reveals why assuming you do not need an experienced proven grocery store slip and fall attorney can be a mistake. Continue reading →

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If you trip climbing a set of stairs with bunched up carpeting that makes the footing uneven, you might be inclined to file a lawsuit seeking compensation for the injuries you incurred in your fall.  The property owner might have the carpeting replaced after learning of your accident and resulting injuries.  Although these repairs might seem like powerful evidence that the property owner was aware the uneven carpet constituted a hazard to people using the stairs, this potentially powerful information generally is not admissible to prove liability.  Although this legal rule might seem counter-intuitive, the public policy behind this limitation is designed to encourage parties to remediate hazards without the fear of confirming liability.

In this blog post, our personal injury lawyers examine a pedestrian accident lawsuit in which the court admitted evidence of subsequent remedial measures.  In Lee County Department of Transportation v. Cantallupo, Florida’s 2nd DCA considered a lawsuit brought by a pedestrian who slipped and fell on a water valve cover that became dislodged from the surrounding asphalt.  The pedestrian sued the water company alleging that it had a duty to maintain the valve and area immediately adjacent.  The water company defended by claiming its maintenance duty was limited to the valve while the city was responsible for the asphalt surrounding the valve.  Continue reading →

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With summer on the horizon, Miami families will flock to swimming pools for recreation, exercise, and leisure activity.  Although swimming pools are popular amenities in many apartment complexes, condominiums, and homeowners’ communities, residents and their guests are sometimes endangered by negligence.  The forms of unreasonably careless behavior that can lead to drowning deaths, or near drowning incidents that cause permanent brain damage, take many forms, such as inadequate security, unmaintained lifesaving equipment, missing drain covers, unsecured gates, or missing fencing.  In this blog post, our Miami drowning death attorneys review a decision from Florida’s 5th District Court of Appeals which demonstrates the challenges drowning victims frequently face when pursuing compensation for wrongful death.

In Southern Owners Insurance Company v. Cooperativa v. De Seguros Multiples, etc., the parents of a seven-year-old boy brought a wrongful death lawsuit following the drowning of their child left in the care of a homeowner within a private gated condominium community.  The boy was swimming in a pool shared by members of the association at the time of his drowning.  The mother of the boy sued the condominium association alleging theories of negligence and negligent supervision.  The trial judge granted summary judgment in favor of the plaintiff based on the conclusion that the association’s liability coverage extended to the owners of individual condo units.  The judge relied on a clause providing that the coverage of the association applied to individual members when liability was the product of repair, maintenance, or ownership of areas of the premises not reserved for an individual member’s exclusive use or individual unit.  Continue reading →

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The popularity of cycling is on the rise with people increasingly focused on fitness, recreation, and conservation.  While bike riding might promote personal health, the activity often becomes decidedly unsafe when motorists fail to exercise caution and attentiveness.  Cyclists lack the physical barriers to injury and safety equipment that often protect occupants of cars during collisions.  Although motorist negligence causes many injuries and fatalities, a faulty bicycle also might contribute to a serious bicycle-related injury.

In this blog, our bicycle accident lawyers have provided an analysis of a decision from Florida’s 3rd DCA demonstrating the challenges involved in legal claims involving a defective bike.  The plaintiff in Trek Bicycle Corp. v. Miguelez filed a product liability lawsuit against the manufacturer of a bike he was riding when he was involved in a crash.  Special rules apply when consumers are injured by defective products that often permit holding entities involved in designing, manufacturing and selling products strictly liable. Continue reading →

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Resorts and cruise ships departing from Miami offer recreation, relaxation, and excitement, but negligence by staff and management in designing or maintaining the premises can lead to catastrophic injuries and wrongful death.  While an injured tourist might have the right to pursue a lawsuit against a resort, travelers should speak to an experienced personal injury lawyer because these legal claims can pose special challenges.  Large resorts typically have guests sign contracts that contain provisions severely limiting their rights.

In this blog, our Florida slip and fall accident attorneys focus on an appellate court decision that limited the option of a seriously injured plaintiff to litigating the case in a foreign country.  The plaintiff in Feggestad v. Kerzner International Bahamas, LTD, et al. was injured when he slipped and fell on a sidewalk on the resort premises.  He sought damages for his injuries while his wife sought compensation for loss of consortium.  Continue reading →

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While our personal injury lawyers frequently discuss the standards and evidence involved in proving liability, the process of establishing the amount of a party’s damages is no less important.  Medical bills, payroll records, and vehicle repair receipts can provide a way to quantify economic damages.  The process is more complicated when trying to prove future estimated damages.  Although testimony from a vocational counselor, economist, medical professional, or another expert might provide evidence about future damages that will be incurred, a recent appellate court decision demonstrates that plaintiffs need skilled legal representation to effectively litigate this aspect of a judgment.

In the 5th DCA case of Auto Club Ins. Co. of Florida v. Babin, the appellate court reviewed a directed verdict in favor of the plaintiff regarding damages.  The plaintiff was injured in a multi-car chain reaction crash.  The first at-fault motorist who caused the initial impact did not have adequate insurance to cover the full cost of the plaintiff’s damages.  While that driver’s insurance company did not dispute liability, the carrier tenaciously argued the plaintiff was not entitled to all of the sought after damages. Continue reading →

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