Florida Injury Lawyer Blog

Barneck v. Utah Dep’t of Transp. – Negligent Road Maintenance Alleged

July 13, 2015 | Associates and Bruce L. Scheiner

Negligent construction and/or maintenance of state and local roads can be grounds for civil litigation if it results in serious injury or death to those in motor vehicles.

A recent example was seen in the Utah Supreme Court case Barneck v. Utah Dep’t of Transp., which dealt with the collapse of a road caused by pooled water in a culvert. The collapse killed a 15-year-old and injured two people.

Anytime a plaintiff seeks compensation from a public entity, there are a host of potential roadblocks that must be overcome. Each state varies in its requirements for overcoming sovereign immunity, and it’s important for victims to be represented by an injury lawyer with extensive experience in this realm of law in order to succeed.

Florida Playground Injuries Result in Thousands of E.R. Visits

July 11, 2015 | Associates and Bruce L. Scheiner

Every year in the U.S., an estimated 200,000 children under the age of 14 are treated in hospital emergency rooms for playground-related injuries, according to the Centers for Disease Control & Prevention. Many of these injuries are preventable, caused by either defective playground equipment or inadequate supervision.

Three-fourths of these incidents occur at schools or daycare centers. Almost half are considered “severe” injuries: Concussions and traumatic brain injuries, dislocations, fractures and even amputations.

Several recent cases in litigation highlight the danger.

Concert Injury Victim Suing Popular DJ for Broken Neck, Ankle

July 9, 2015 | Associates and Bruce L. Scheiner

Many performers go the extra mile to engage audiences in a show they will want to always remember. Unfortunately, these may result in injuries some fans can never forget.

A recent personal injury lawsuit was filed against a popular electronic dance music DJ after a concert in San Diego. The DJ reportedly jumped into the crowd while riding an inflatable pool raft. The stunt was performed to massive cheers, but one fan says she got trapped underneath the raft. As a result, she suffered a broken neck and broken ankle.

In addition to the DJ, plaintiff is also suing the venue.

Doe v. Superior Court: Sexual Assault Victim Pursues Civil Tort Against Camp

July 7, 2015 | Associates and Bruce L. Scheiner

It is well-established that schools, daycare centers, camps and other similar institutions owe a duty of care to students and minors in their care. This includes the duty to properly supervise, protect against abuse during compulsory attendance periods, and to immediately report it if such abuse becomes known.

In cases where schools have failed in these duties, victims of sexual assault have grounds to pursue a civil tort – or injury lawsuit – against the school for compensation.

For many victims, it is not about the money, though many do require extensive therapy and treatment to regain emotional stability. It’s often more about holding the school or center accountable, and ensuring such failed oversight doesn’t harm other children.

Slate v. Blatt – Vicious Dog Statute Weighed

July 5, 2015 | Associates and Bruce L. Scheiner

Every year, homeowner insurance companies in Florida pay $7 million annually to victims of dog bite injuries. Some argue this is the work of overly-litigious personal injury lawyers. But the fact is, dog bites that result in lawsuits are generally not minor events. They cause severe and lasting injuries and scarring, as well as significant medical expenses.

In some instances, particularly when the victim is a young child or elderly, these attacks can be fatal.

While any dog may be the subject of these cases, some tend to have a reputation for being more likely to attack or to cause more serious injuries. Without question, the most commonly cited is the pit bull.

State Farm Mut. Auto. Ins. Co. v. Earl – Motorcycle Accident Lawsuit

July 3, 2015 | Associates and Bruce L. Scheiner

Auto insurance companies often will not pay an insured what is owed under uninsured/underinsured motorist coverage provisions without a fight.

Uninsured/underinsured motorist coverage is coverage paid for by the insured in the event he or she is injured due to the negligent actions of another driver who either has a low maximum payout or lacks insurance. Although this type of coverage isn’t mandatory in Florida, it usually comes standard in most auto insurance packages, and people have to sign a waiver declining it if they choose to do so. It’s a good idea to have it, however, because recent studies indicate 1 in 4 drivers in Florida don’t have any coverage at all.

In the case of State Farm Mut. Auto. Ins. Co. v. Earl, a motorcyclist suffered severe injuries in a 2008 crash after a semi-truck merged into his lane, forcing him off the highway at 65 mph. The motorcyclist survived, but the trucker didn’t stop and was never found. (Other witnesses on the road confirmed his account of what happened.)

Ex parte Quality Carriers, Inc. – Two Dead After Truck Collides With Stalled Vehicle

July 1, 2015 | Associates and Bruce L. Scheiner

Two passengers who sat in the back seat of a Crown Victoria had three strikes against them.

In the first place, they were in a vehicle that had not been properly maintained, and thus suffered mechanical problems. In the second place, the driver who had been operating the vehicle was allegedly impaired by marijuana, which may have clouded his faculties as to how to appropriately respond to the situation. And in the third place, they were on a highway at night when this all happened, which put them at greater risk of being struck by fast-moving traffic.

Sadly, that’s exactly what happened. The driver of the stalled vehicle didn’t move the vehicle off the highway. Nor did he put his flashers on or give other motorists and indication the lane was blocked. An approaching truck failed to move out of the right lane, and struck the vehicle from behind. Both vehicles caught fire.

Minden v. Atain Specialty Ins. Co. – Bar Fight Liability Lawsuit

June 27, 2015 | Associates and Bruce L. Scheiner

When criminal attacks occur, we expect there will be a criminal case against those responsible. However, in many cases, there may be a civil claim for liability not only against the attacker, but also against the property owner.

Under premises liability law, property owners and those who manage certain properties owe a duty to guests to maintain that property in reasonably safe condition.When dangers are known, knowable or foreseeable, these entities have a duty to protect people against them to a reasonable extent.

In a bar setting, that typically means having the means to manage security, particularly as it’s understood patrons will be consuming alcohol and may not be using reasonable judgment.

Kent v. City of Columbia Falls – Skateboarding Death Leads to Litigation Against Local Government

June 25, 2015 | Associates and Bruce L. Scheiner

Suing local government for personal injury or wrongful death is a complex process that involves a number of special rules and procedures and for which damages are likely capped. Many times, you must act very quickly, or else forever lose your right to bring a claim.

Often, before the case ever gets to trial, the government entity will assert sovereign immunity. This is an age-old legal principle that essentially holds the government cannot be held liable for wrongdoing. However, there are instances in which the government grants its permission to be held liable, and in Florida, those instances of waiver of sovereign immunity are outlined in F.S. 768.28.

Still, instances in which a waiver of sovereign immunity is granted are highly case specific. Take, for example, the case of Kent v. City of Columbia Falls, before the Montana Supreme Court. Typically, government entities aren’t responsible for the engineering/design/maintenance of roadways and sidewalk features in private or gated communities. This would generally be the responsibility of the private land-owning association. However, in the Kent case, there was an assertion the government had taken in an unusually active role in the design/engineer/planning for the thoroughfares within a certain gated community where a man had fallen down a steep hill on his skateboard.

Fatal Florida Boating Accident Under Investigation

June 23, 2015 | Associates and Bruce L. Scheiner

A South Florida boating accident recently claimed the life of one man and injured two others. Investigators are working to piece together what happened.

Two boats were moving side-by-side along the Intracoastal Waterway in Fort Lauderdale when one of the operators lost control and smashed into a dock located in the rear of a private residence. The impact of the collision resulted in a 24-year-old man being ejected from the vessel, where he struck his head on the concrete sea wall. He was pronounced dead at the scene, while two others were transported to a local hospital for treatment. They are expected to survive their injuries.

Officials are unsure exactly why the vessels were moving side-by-side or how fast they were traveling. However, there is some indication speed was a factor because the impact of the crash was forceful enough to send a passenger out of the boat. Further, there is some indication more than one person was operating the vessel that crashed in the moments prior to impact. There is also an ongoing inquiry into whether alcohol may have played a role in the crash.