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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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The devastating injuries frequently incurred in collisions involving a tractor-trailer often mean staggering medical bills, lifelong supportive care, significant lost wages, and diminished earning potential.  The role of the jury in obtaining a full recovery can hardly be overstated, so jury misconduct is a serious issue though the vast majority of personal injury claims are settled prior to trial.  In this blog, our personal injury lawyers review a recent $3.5 million trucking accident lawsuit involving serious allegations of jury misconduct. When jurors engage in improper conduct, both sides of a lawsuit might face significant repercussions that might even include the judge ordering a new trial.

In the recent case of Laylock v. TMS Logistics, the plaintiff’s $3.5 million verdict has been jeopardized based on allegations of inappropriate juror actions.  The plaintiff in the lawsuit filed a certiorari petition with Florida’s 1st DCA seeking to block juror interviews targeting alleged jury misconduct that the defendant contended warranted a new trial.  The 1st DCA allowed the interviews to move forward reasoning that any prejudice to the plaintiff could be resolved on appeal.  The jury returned the $3.5 million verdict based on a finding that the defendant was responsible for 95 percent of the damages. Continue reading →

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Our personal injury attorneys in Miami are very familiar with the challenge of proving negligence in a lawsuit can be complicated, but the doctrine of vicarious liability can ease this process considerably.  In this context, vicarious liability refers to situations where the negligence of an individual is attributed to a third-party who was not driving a vehicle involved in the accident, such as an employer or minor’s parent.  Many car accidents involve at-fault drivers who lack insurance or assets to pay a judgment or settlement.  When situations like this arise, proof of liability of a third-party based on the theory of vicarious liability can mean the difference between being fully compensated for all injuries and needing to pay hospital bills, vehicle repair costs, and other damages out of pocket.  Although vicarious liability constitutes a valuable litigation strategy for many Miami car accident victims, the specific facts of a collision can make the task of proving that a third-party should be vicariously liable extremely difficult.

In this blog, our personal injury attorneys review the 1st DCA decision in Depriest v. Greeson that considered the complex issue of the vicarious liability of the estate of a vehicle owner.   The daughter of the car owner was operating the car at the time of the collision.  She was determined to be at-fault for causing the accident.  The plaintiffs, who were involved in an initial head-on collision, were waiting for assistance when the daughter collided with their vehicle.  The plaintiffs contended the second impact caused further injury and vehicle damage.  A lawsuit was filed against the estate of the owner of the vehicle, who was deceased at the time of the accident. Continue reading →

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Liability of a property or business owner operating an enterprise on commercial premises can be liable for product suppliers and customers.  The duty owed for injuries to a customer or party engaged in a commercial relationship on the premises of a business owner is contingent on the relationship between the parties, the nature of the hazard, and the actual or constructive knowledge of the owner.  In this blog post, our Miami personal injury lawyers review an appellate court decision addressing the liability of a gas station owner to the driver of a tanker run down while resupplying fuel to the service station.

The lawsuit was brought by the driver of a tanker truck who was at a gas station to deliver gasoline.  According to documents filed in the lawsuit, the truck driver parked his rig at the service station and placed three orange warning cones around his vehicle.  The plaintiff entered the store to discuss details about the gasoline delivery.    As directed by the owner of the gas station, the plaintiff moved to the area where the gas tanks were located to measure the level of the tank’s prior to filling them.  The tanker driver placed an orange cone as a warning in the vicinity of where he was determining the amount of gasoline in the tanks.  While engaged in measuring the volume in the tanks, the plaintiff got on his hands and knees to retrieve a tank cap that he dropped inside the tank.  Another driver hit the plaintiff as he attempted to fish out the cap. Continue reading →

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