Negligence

June 1, 2015

Slip and Fall Case Questions Whether College is a Business

When a lawsuit is filed for injuries that stem from a slip and fall, there are certain things that a personal injury lawyer expects to be questioned. Was the defendant negligent? How severely is the client injured and how do we show those injuries to a jury? But every now and then a personal injury case involves a question that you just can’t anticipate.

Fall Occurs on Broward College Campus

In a recent case, a victim slipped and fell on a substance in an elevator at Broward College (BC)(formerly Broward Community College). She sued BC for negligence, alleging that BC knew or in the exercise or ordinary and due care, should have known, of the existence of the substance.

December 30, 2013

Florida Federal Court Decision Addresses Important Legal Concepts In Car Accident Cases

by Gerson & Schwartz, P.A.

Last month, the U.S. District Court for the Middle District of Florida issued a decision in the case of Worley v. State Farm that addressed two incredibly important legal concepts in car accident cases. The first of these two concepts was the presumption of negligence that applies in rear end car collisions, and the second is the principle of comparative negligence. Our Miami car accident attorneys are following the effects closely.

In Worley, the plaintiff was injured in a 2010 car accident when a vehicle driven by the uninsured defendant rear ended her. The plaintiff claimed that she was stopped at a yield sign when the other driver struck her. The defendant testified, however, that the plaintiff had begun to drive through the intersection when she suddenly stopped, thereby causing the collision.

The plaintiff’s auto insurance provider, State Farm, declined her coverage after determining that the plaintiff was at least partly responsible for the accident. The plaintiff sued in federal district court and moved for summary judgment, arguing that, under Florida law, she was entitled to a presumption that the defendant driver was negligent in rear-ending her. Florida has adopted a rebuttable presumption that a rear driver’s actions are the sole proximate cause of an accident and any resulting injuries.

December 3, 2013

Train Derails Killing and Injuring Commuters from Bronx to Manhattan

by Gerson & Schwartz, P.A.

A commuter train traveling from the Bronx to Manhattan derailed after traveling over 80 miles per hour while approaching a curvature on the tracks. This fatal train accident resulted in 4 wrongful deaths and at least 67 reported injuries. At only 10 miles away from its NYC destination, the engineer and operator of this train, William Rockefeller, apparently did not activate his brakes in nearly enough time to prevent this catastrophic incident.

So far, there is no evidence of drugs or alcohol. However, driver error, operational negligence and possible track maintenance are all viable causes for this train derailing, killing, or injuring innocent victims. Similarly, in July 2013, a train derailed on the tracks in Spain, due to its traveling at high speeds way above the legal speed limit. Indications that Rockefeller was speeding above and beyond the legal speed limit of 70 miles per hour limit are documented. The rails and tracks were demolished in various sections of the railway, and debris was found scattered around the accident scene. It is being assumed, that this train did not derail, as a result of faulty track conditions, but rather because the driver was not operating at safe speeds necessary to keep it on track. The National Safety Transportation Board will likely take it’s time investigating.

Routine track inspections of these and other tracks were held during the very same week that the accident took place. Reportedly, there were no known defects or problems cited. In this case, the final destination, Grand Central Station was never reached that day, and commuters on this train were so shocked by the impact that they were unclear about what was happening at the time. The New York Metro-North Hudson line maintains that this particular train was sufficiently maintained. Thus, fingers are being pointed at the engineer, Mr. Rockefeller, himself.

September 30, 2013

Son of William de Jesus Sues

by Gerson & Schwartz, P.A.

You may remember reading about the De Jesus family early last year. In February, William de Jesus took his wife and two sons on a drive to a recreational vehicle (RV) park. He then shot an RV owner to death, took the man’s wife captive and began a six-hour standoff with a SWAT team. By the time SWAT was able to break into the RV, De Jesus had stabbed his wife and two young sons before killing himself. Although his youngest son and wife survived, his eldest son died shortly after. Last November, his wife was sentenced to 10 years in prison for child neglect.

Recently, NBC News reported that another chapter of the story has unfolded. On behalf of the De Jesus’ youngest son, who nearly died from the stabbing, lawyers have brought suit against Florida’s Department of Children and Families (DCF) and their contractors. The boy’s lawyers say that the De Jesus story started back in 2007 when the DCF first learned that the family was domestically unstable.

The first incident, according to DCF records, involved a domestic disagreement between William de Jesus and his wife. Next, in 2008, the DCF was notified that De Jesus was molesting his sons. Then, in 2009, the two boys were in foster care, and their foster mother reported that the younger son was continually making dark and cryptic remarks.

September 27, 2013

Children’s Parks in Miami Shut Down Due to Toxic Ash Contamination

by Gerson & Schwartz, P.A.

The environmental dangers of playing in neighborhood parks have been brought to the forefront as popular playgrounds including Coconut Grove’s Blanche Park and Merrie Christmas Park are shut down for soil testing. First, Blanche Park, which is located on Shipping Avenue in the mid grove, was closed when high levels of the toxic chemicals arsenic and cadmium were found there. Now, Merrie Christmas Park, located on Le Jeune, road is the site for testing and research, overseen by City Commissioner Marc Sarnoff and Mayor Tomas Regalado. The next step will be that, all Miami public parks will be tested, in order to determine whether or not they are safe for children.

Personal injury law firms that specialize in premises liability cases such as Gerson & Schwartz, PA located in Miami, Florida can take action should any child or adult suffer serious injury from exposure to environmental contaminants due to negligence and hazardous activities on property. Damages can be recovered if a child has been exposed unlawfully chemical contaminants in water, soil, or dirt that causes them to become sick. If you or your child, has tested positively for high levels of poisonous substances such as lead or other heavy metals, and you believe that it is a result of a danger on the premises of another such as a school, public establishment, park, or playground contact Gerson & Schwartz PA. today for a free consultation.

Park research and testing will also include a historical view into what the land’s use was before it became an area for children’s play. According to records, the Blanche Park site was used to dispose of trash and served as a dump for incinerator ash. Evidence has shown that over 30 times the lawful limit for arsenic was detected, however. Although, there is conflicting evidence and the investigation is new and ongoing, this is alarming for any parent. Toxins such as metals found in the environment, that can cause severe illness, mental retardation, and cancer in individuals exposed even for a short period of time, can affect the health and safety of our children. This is a very serious matter.

August 21, 2013

Florida Appeals Court Decision Demonstrates Application Of Comparative Negligence Doctrine

by Gerson & Schwartz, P.A.

Last month, Florida’s Fourth District Court of Appeals issued a decision in the case of Disla v. Blanco, demonstrating how the application of the state’s comparative negligence doctrine can have a dramatic impact on a plaintiff’s recovery for injuries suffered in a car accident.

In Disla, the plaintiff, Mayuris Disla, was injured in a car accident when the defendant, Joseph Blanco, had a seizure and lost control of the vehicle while driving Disla home. In the ensuing crash, Disla suffered a broken neck which later required cervical fusion surgery. Disla sued Blanco for negligence, and following a trial, the jury found both parties to be the legal cause of damage to Disla, but apportioned 90% of the fault to Disla for failing to wear her seatbelt. The jury awarded Disla total damages of $205,325, which was reduced by the allocation of fault and PIP benefits to $10,532.50.

As this blog has discussed before, there are two doctrines under which the allocation of fault in a tort case can affect the recovery of damages. The first, referred to as “contributory negligence” has, for the most part, fallen by the wayside and is only still followed in five jurisdictions in the United States.

August 7, 2013

Car Crashes Off Interstate

by Gerson & Schwartz, P.A.

Early Saturday, August 3 2013, morning a car heading northbound on interstate 95 crashed over the side of the elevated highway according to NBC Miami. When fire rescue arrived at the scene they had to pull one woman from the wreckage that landed in nearby trees. The other woman tragically had already died after being thrown from the car. Apparently, the car spun out of control after slamming into the median and continued on a trajectory that flung the car over the edge of the interstate. Although the exact cause of the accident is unknown, it is currently being investigated by the Highway Patrol.

Unfortunately, horrible car accidents like this one occur all too often. If you or a loved one is involved in an accident, no matter how severe, you can count on accident attorneys Philip M. Gerson, Edward S. Schwartz and Nicholas I Gerson to help you through the legal ramifications. They are experts in personal injury cases with specialization in car accidents as well as maritime law. It is always best to operate a vehicle while completely sober and to stay focused on the road. Checking in all of your mirrors frequently will keep you aware of your surroundings should another car with a dangerous driver approach your driving path. Being aware of other drivers’ around you is imperative to driving defensively and may save your life.

Always have an escape route planned. This way if a dangerous driver is close to hitting your car, you can quickly and easily move out of harm’s way. Often times, driving in the center lane is a good solution for this as it allows for lateral movement in either direction.

August 4, 2013

Workers Injured In Explosions At Florida Propane Plant

by Gerson & Schwartz, P.A.

Late Monday night, the Blue Rhino propane gas-filling plant in Tavares, Florida, was rocked by a series of explosions that seriously injured several of the facility’s workers. According to the Lake County Sheriff’s Office, there were no fatalities as a result of the blasts, however, eight of the estimated twenty four to twenty six man crew working an overnight shift at the plant were taken to local hospitals with severe injuries. Of the injured, at least three have been listed in critical condition.

The Blue Rhino plant, located northwest of Orlando, refills the 20-pound propane tanks used in gas grills and had over 53,000 on site at the time of the explosions. There were also three bulk storage tanks holding approximately 30,000 pounds of liquefied propane that were damaged by the blasts but did not explode. The plant passed inspections by the Florida Department of Agriculture and Consumer Services in March and July with no safety violations.

Tavares Fire Chief commented on the cause of the explosions, stating “We don’t think there was any act of sabotage or anything like that. It was probably a human or equipment error.” While there has yet to be any substantial investigation as to the cause of this accident, the initial reports indicate that there may have been some negligence on the part of the company or employees in the operation of the plant.

The injuries of those employees should be covered by workers compensation insurance. However, in the event insurance coverage doesn’t exist, or is insufficient to compensate the victims of this incident for their injury, the parent company of Blue Rhino, Ferrellgas, may be held liable if the plant was operated or managed in a negligent manner. Ferrellgas spokesman Scott Brockelmeyer admitted that Ferrellgas paid a $2,295.00 fine in November of 2011 after an Occupational Safety and Health Administration inspection discovered the absence of a component at the end of an air hose, but claimed that the problem was immediately corrected.

There are a number of negligent acts that could have caused this unfortunate accident. Poor design or improper installation of equipment and improper inspection or maintenance of the facility are just a few of the things that could have gone wrong. Ferrellgas owed their employees a duty to discover and take action to prevent dangers that were foreseeable and any failure to do so may result in civil liability.

If you or someone you know has been injured as the result of the dangerous condition caused by the negligent acts of another, it is important that you discuss your situation with a knowledgeable attorney as soon as possible to determine the merit and value of your claim, as well as to preserve any favorable evidence.

July 18, 2013

Florida’s New Medical Malpractice Law Spurs Legal Challenges Days Hours After Taking Effect

by Gerson & Schwartz, P.A.

On July 1, 2013, Senate Bill No. 1792, codified in Florida Compiled Statutes at Ch. 2013-108, went into effect, and, within hours, spurred several legal challenges by Florida trial attorneys. The law allows physicians and defense attorneys to interview a physician regarding his or her patient’s treatment during the fact-finding period of a potential lawsuit without the patient’s presence, consent or knowledge. The statute also requires that any expert witness that testifies in medical liability must practice the same specialty as the defendant’s physician.

Physicians, hospitals, and other medical professionals owe their patients a duty to act with a certain level of care generally accepted within the medical industry. When medical professionals fail to satisfy this duty, the resulting negligence may result in liability for medical malpractice. As this blog has discussed before, between 1990 and 2010, nearly 10,000 medical malpractice judgments were paid out totaling $1.3 billion. In the cases underlying those judgments, death occurred in 6.6% of patients, permanent injury in 32.9%, and temporary injury in 59.2%.

The Florida Justice Association (“FJA”), a group comprised of Florida trial attorneys, is leading the challenge to the new law, claiming that it violates state privacy rights and the federal Health Insurance Portability and Accountability Act. According to the lawsuits filed by the FJA, allowing defense attorneys to contact nonparty physicians without patient consent will lead to illegal medical history disclosures. Critics of the law also contend that it will deter the filing of medical malpractice lawsuits for fear personal information will be improperly divulged.

July 10, 2013

First Lawsuit Regarding Miami, Florida Restaurant Deck Collapse Raises Premises Liability Claims

by Gerson & Schwartz, P.A.

Last month, thirty-three people were injured when the deck of North Bay Village waterfront restaurant Shuckers Bar & Grill collapsed while patrons watched Game 4 of the NBA Finals. According to Miami-Dade Fire Rescue Chief Dave Downey, there were more than on hundred people on the deck when it came down, sending dozens into Biscayne Bay. Of the injured individuals, twenty four were transported to local hospitals and two of them were in serious condition.

In late June, the first of what is likely to be several lawsuits against Shuckers was filed by a couple that claims they suffered bodily injury, mental anguish and disfigurement in the accident. According to the complaint filed in Miami-Dade Circuit Court, Shuckers had “a duty to properly maintain its property and to warn of dangerous conditions which it had actual constructive knowledge of” and to take action to remedy those hazardous conditions.

A North Bay Village Building Official indicated that a visual inspection of the deck revealed that the concrete surrounding the steel pilings that supported the deck had degraded. Although the Building Official had approved an inspection of Shuckers in January, the engineer who inspected the building admitted he did not inspect the deck.