Florida Injury Lawyer Blog

Rambin v. Allstate – No-Fault Insurance Claim Turns Complex

June 6, 2014 | Associates and Bruce L. Scheiner

A claim for no-fault insurance coverage following a motorcycle accident has turned into a five-year court battle with the insurer.

Fort Myerscar accident lawyers recognize part of the problem has to do with the fact that motor vehicles are among the most fluid assets people own. Car owners frequently lend their vehicles to family members, friends and sometimes even co-workers or acquaintances. If an accident with injuries results, the question of who pays can become murky, depending on the circumstances.

The passage of no-fault insurance laws in Florida helps to clarify this to some degree. But as the case of Rambin v. Allstate Insurance Co. reveals, it’s not always a simple matter. Although this was a case before the Michigan Supreme Court, Michigan too has passed no-fault insurance laws that require all drivers and vehicle owners to purchase personal injury protection.
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Report: Pedestrians in Southern States at High Risk

June 5, 2014 | Associates and Bruce L. Scheiner

A new report issued by advocacy group Smart Growth America indicates that not only are pedestrian deaths an “epidemic” in this country (more than 47,000 in the course of a decade), but the risk is higher in the South. Nowhere is it more deadly than in Florida.

The report, the result of a collaboration among Smart Growth, the AARP, the National Complete Streets Coalition, America Walks and the American Society of Landscape Architects, analyzes dangers to pedestrians broken down by region, race, time, age and roadway characteristics. The study period stretched from 2003 through 2012.

Cape Coral pedestrian accident lawyers understand that in addition to the tens of thousands of recorded deaths, there were also 676,000 injuries resulting from vehicle-pedestrian crashes during the study period. That’s one person hit by a car every eight minutes in this country.
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Florida Slip-and-Fall Accident Claims Require Experienced Lawyer

May 28, 2014 | Associates and Bruce L. Scheiner

Florida slip-and-fall accident claims may have lost some traction following the passage of a measure in 2010, which puts a greater burden of proof on plaintiff’s shoulders.

Fort Myers premises liability attorneys know that before the legal change, injured parties needed only to show that a dangerous condition existed and resulted in injury. Now, they must show that the business knew or should have known about the substance that caused the fall, and yet failed to take action to clean it up.

But this new requirement shouldn’t hinder plaintiffs who suffer serious injury as a result of a slip-and-fall. These cases are still being won, as we saw just recently in the case of Feris v. Club Country of Fort Walton Beach, Inc.
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Out-of-State Victims May Face Special Challenges in Florida Injury Lawsuits

May 27, 2014 | Associates and Bruce L. Scheiner

There is no question Florida is a destination location. Every year, we have millions of visitors, snowbirds and others who are only here for a short time. Sometimes, these individuals are injured, and a personal injury lawsuit may be necessary.

Matters can be complicated when it’s not feasible for a plaintiff to travel back-and-forth to South Florida every time there is a hearing or a request for deposition. There are many ways these complications can be mitigated, but it requires an experienced Fort Myers injury lawyer to ensure you are well-represented and you don’t miss any crucial requests. Failure to attend hearings, depositions or other proceedings without just cause can result in your case being extensively delayed or worse, dismissed.

One such tool of mitigation for out-of-state clients is Florida Rule of Civil Procedure 1.280(c). The statute covers “protective orders,” but not the kind sought for shielding one from violence. Instead, this kind of a protective order is intended to protect a party in a civil lawsuit from “annoyance, embarrassment, oppression or undue burden or expense that justice requires” in the course of the discovery phase of the trial. It can be argued that requiring an out-of-state plaintiff to travel back-and-forth to Florida for the purposes of depositions or hearings is an undue burden or expense, particularly when there may be other means by which the information can be obtained.
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Trabulsy v. Publix – Florida Vicarious Liability Lawsuit Proceeds

May 26, 2014 | Associates and Bruce L. Scheiner

The existence of a company policy warning against employees getting involved in altercations with patrons is not enough to conclusively negate liability if such an incident occurs and results in injury, according to a recent ruling by the Florida’s Fifth District Court of Appeals.

The case of Trabulsy v. Publix Supermarket Inc., wherein a grocery store employee was accused of assault on a customer, will continue to trial, reversing an earlier decision by the district court.

Punta Gorda personal injury attorneys understand that the primary question weighed by the appellate panel was whether the worker was acting within the scope of employment, or whether he had removed himself from that status by virtue of the fact that he was involved in a physical fight. The answer is one that depends on several factors, and should be weighed by a jury as a matter of fact, not by the court as a matter of law.

This is why the court found a summary judgment in the case to be improper.
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Premises Liability Cases Hinge Largely on Plaintiff Status

May 25, 2014 | Associates and Bruce L. Scheiner

A slip-and-fall lawsuit against a South Florida hospital will be allowed to proceed, per the Fourth District Court of Appeals. But the plaintiff in Denniser v. Columbia Hospital Corp. of South Broward is going to have a tougher time proving the case.

The reason has to do with the distinction given to the injured party at the time of the incident. Cape Coral slip-and-fall injury attorneys note three different classes of entrants in premises liability cases in Florida. These are: trespassers, licensees and invitees. The degree of difficulty in proving the case is going to depend heavily on where the plaintiff falls on this spectrum.

When plaintiffs are trespassers, land or property owners have a minimal duty to ensure they are protected. In fact, the law says only that they must refrain from intentional harm to trespassers. There are a few exceptions, usually pertaining to children, especially if the danger is not open or obvious.
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Balcony Fall Can Result in Landlord Liability Lawsuit

May 22, 2014 | Associates and Bruce L. Scheiner

News media is hailing the survival of a 15-month-old boy in Minneapolis following a fall from an 11th-story balcony a “miracle.” Officials say he slipped through the railing of the balcony as his father stepped away for just a moment. The toddler remains in critical condition, with multiple broken bones and a concussion. Still, he is expected to survive, something doctors attributed to the flexibility of babies and the fact that he fell on a soft mulch patch.

Questions now remain as to whether the railing spacing and height was up to code, and whether there is a possibility that the landlord and/or property owners could be held liable.

Fort Myers premises liability lawyers know that property managers and building owners have a duty to keep residents and guests safe. This is especially true when it comes to balconies, as a 2011 study published in the American Journal of Emergency Medicine, indicating that falls from heights are fairly common in urban areas.
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Scott to Veto Proposed Speed Limit Increase

May 20, 2014 | Associates and Bruce L. Scheiner

Florida troopers are mourning the loss of a 30-year-old colleague recently killed on I-75 after being struck by a vehicle. Concerned law enforcement were among those who urged Gov. Rick Scott to veto a bill that would effectively raise the highway speed limit from 70 to 75 mph.

At the funeral, a fellow trooper made an impassioned plea to the governor, who was present, saying that working accidents along the highway was a job he feared the most because motorists often “don’t drive with common sense.”

It seems Scott has taken note. Six days after receiving that request, Scott announced he would veto SB 392, saying he would “stand with law enforcement” on this issue. Our Naples car accident lawyers note the bill was passed by lawmakers by 58-56 in the state House and 27-11 in the Senate.
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Summer Child Bicycle Safety in Lee County is Paramount

May 17, 2014 | Associates and Bruce L. Scheiner

A Lehigh Acres boy, 12, suffered extensive injuries after he was struck by a car recently on Alabama Road S. Authorities have indicated thankfully that the child’s injuries don’t appear life-threatening, though it’s not clear what his recovery time will be or whether he will endure lasting impact as a result of the crash.

Bicycle accident lawyers in Lehigh Acres understand that in this case, the driver of the car that struck the child will not be cited, as it is believed the child rode directly and unexpectedly into the path of the car.

Our fear is that as summer approaches, with more children riding their bikes around their neighborhoods, we will begin seeing more of these accidents. The Center for Urban Transportation Research with the University of South Florida reports that Lee County ranks in the top 10 in the state for number of bicycle deaths and injuries.

Florida has the highest rate of bicycle deaths in the country.
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Southwest Florida Motorcycle Accidents a Focus of May Safety Month

May 15, 2014 | Associates and Bruce L. Scheiner

A new report from the Governors’ Highway Safety Association indicates that nationally, motorcycle fatalities fell 7 percent in 2013, bucking an upward trend that has been ongoing since 1997.

The report comes amid May’s Motorcycle Safety Awareness Month, which is being promoted with a series of law enforcement initiatives throughout Florida.

The report indicates that Florida motorcycle deaths decreased at a rate similar to the national level. In the first six months of 2013, as compared to the first six months of 2012, motorcycle fatalities in the state fell from 222 to 207 — a 7 percent drop. In looking at the nine-month totals, the figure fell from 326 to 303 – a total of 23 fewer deaths that also amounted to a 7 percent decrease.
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