Blog posts of '2021' 'December'

Anyone who has ever driven into the parking lot of a Home Depot or Wal-Mart Store has observed the high number of semi-trailer trucks attempting to deliver their loads. Perhaps more than a few drivers have seen store-owned fork lift trucks moving heavy loads from the 18-wheelers to the store’ loading dock. Unhappily, all of this activity recently caused the death of an employ of a Home Depot Store in Fleming Island, an unincorporated township south of Jacksonville.

The incident

The details of the incident are very sparse. Police were called to the Home Depot Store in the morning to check on a reported collision between a fork lift truck and a semi-trailer truck. The driver of the fork lift was seriously injured, and he was taken to a nearby hospital, where he died within 90 minutes. The driver of the big rig was not injured and he remained at the scene to cooperate with police. The police report on the accident does not provide any details about what happened. The United States Occupation Safety and Health Administration sent a compliance officer to the scene to assist with the investigation.

Who pays?

The decedent’s family will have a claim for decedent’s benefits under Florida’s workers’ compensation law. The reports so far appear to conclude that the decedent was an employee of Home Depot and that Home Depot’s workers’ compensation insurer will pay the greater part of the claim. If, however, the decedent were the employee of an entity other than Home Depot, hired perhaps as an independent contractor to provide loading and unloading help, the subcontractor may have significant exposure. In such a case, Home Depot may have significant liability as a third party. Also, the owner of the big rig may have similar third-party liability if the investigation shows that the driver of the semi was at fault.

Conclusion

Whether a viable third-party claim can be found in the facts of this case will significantly affect the damage award that may be recovered by the victim’s family. Anyone who has suffered an injury or lost a loved one under similar circumstances may benefit from consulting an experienced workers’ compensation attorney for an assessment of the evidence and an opinion on the likelihood of recovering damages for lost income, medical expenses, and pain and suffering.

While people in Miami may not have to worry about slipping and falling on an icy sidewalk, slip and fall accidents can occur anywhere, including stores, restaurants and hotels. All it takes is a spill on the floor or a tear in the carpeting for a person to be injured in a slip and fall accident. Slip-and-fall injuries such as broken bones, spinal cord injuries and head injuries can be severe, so it is important to know your rights in such situations.

The statistics on falls

Slip-and-fall cases are, unfortunately, common. Over one million people are seen in the emergency room for slip and fall injuries. Slip and falls are the leading cause of lost time from work. Flooring issues are a factor in over two million fall injuries annually. Older people are more apt to fall. Each year one in every three people over 65-years-old will experience a fall. The Centers for Disease Control and Prevention reports that an estimated 1.8 million individuals over 65 years old need emergency care due to a fall.

What is negligence?

Some slip-and-fall accidents are simply that — accidents, and they are not the fault of anyone. However, sometimes the property owner could have done something to prevent the fall and did not. Sometimes a property owner is negligent, and you may pursue a personal injury lawsuit against them.

There are five elements that must be met to prove negligence. First, the property owner must owe you a duty of care, for example, keeping store floors dry. Second, the property owner must breach that duty, for example, by not cleaning up a known spill causing you to slip and fall. Third, the breach must cause your injury and but for your breach the injury would not have occurred. Fourth, the cause of your injury must have been foreseeable. Fifth, you must have suffered monetary damages due to the breach.

Personal injury lawsuits can be complicated. Oftentimes there are gray areas when trying to prove negligence. Fortunately, those injured in slip-and-fall accidents can seek the information they need to better understand their rights and options.

A recent article in a college journal called “Scholarship Media” attempted to itemize the most common personal injuries in Miami, Florida. Some of the findings may be surprising.

Motor Vehicle Accidents

Not surprisingly, motor vehicle accidents are the most common type of accident in Florida, with hundreds of such accidents reported on a daily basis. The leading causes of motor vehicle accidents are reckless driving, sub-optimal road conditions, driving above driving above the posted speed limit, drunk driving, and others.

Car injuries include whiplash, fractures, scrapes and cuts, internal bleeding, spinal cord injuries, and brain injuries.

Medical Malpractice

Medical malpractice occurs when a health care giver fails to adhere to the established standard of due care in treating a patient, whether the treatment is diagnosis and treatment of a disease, performing a surgical procedure, of other procedure that results in serious injury, irreversible harm, or the wrongful death of the patient. Most medical malpractice claims involve surgical errors, birth injuries, misdiagnosis, and prescribing the wrong medication, or an incorrect dose of the correct medication.

Premises liability

Many serious accidents occur on premises owned or controlled by another person. Under Florida law, the owner or person in control of a property has a duty to keep the property safe for people who may visit. Premises injuries can include inadequate security, dog bites, slippery floors and stairways, electrocution, insufficient light, and catastrophic injury caused by structural collapse.

The article suggest that anyone who has suffered an injury in any of the cases reviewed contact an experienced personal injury attorney for an evaluation of the evidence and an opinion on the likelihood of recovering damages for medical expenses, lost income, future disability and pain and suffering.

Dogs are one of the most common types of pets in Miami and throughout the country. In fact, almost 40% of Florida residents own a dog. Most of the time a dog is a friendly and loyal companion but occasionally dogs can turn vicious and attack. If a person has been the victim of a dog bite, they know how scary the incident can be. They may also now be facing unexpected medical bills, may be dealing with scarring and may even be out of work while they recuperate. These are all reasons why a person should consider hiring an attorney.

There are many benefits in hiring a dog bite attorney. A victim may think hiring an attorney is not necessary, but they offer many benefits. These include:

1. Understanding state laws. A dog bite attorney understands Florida law surrounding dog bites. A victim is recovering from a dog bite and doesn’t have time to do this research. An attorney knows dog bite laws and any legislation that affects them.
2. Skilled negotiator. An insurance company may offer a dog bite victim a settlement, but it may not be the amount a victim deserves. An attorney knows how to negotiate with insurance companies in order to get maximum compensation for their client.
3. Experience. If a dog bite victim’s case is complicated, an attorney has experience with investigators to help get answers as to what happened.
4. Personal advocate. An attorney is a dog bite victim’s personal advocate. They will fight for their client’s right for compensation and ensure the dog does not attack anyone else.

Hiring an attorney to help with a dog bite case can be beneficial for a Florida dog bite victim. These are situations in which a victim should not take the matter into their own hands and an attorney can help their client recover and protect their future.