Articles Posted in Child Injury

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Purchasing groceries from a super market comes with the an unspoken trust. We expect that the grocery store has taken proper care of the food throughout the distribution and transportation process, as has stored the food at a safe temperature inside the super market.

As a recent Pinellas Circuit Court filing reminds us, super markets are required to do much more than simply keep our food safe; they must also maintain a safe environment for all of the patrons on the premises.

Just last month, a Winn-Dixie in Miami Lakes was forced to pay more than $4.8 Million for pain, suffering, and future medical expenses to a patron that slipped and fell on an unidentified puddle of water.

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The Walt Disney Parks and Resorts Orlando location had more than 55 million visitors to “The Happiest Place on Earth” in 2017 alone. Formally known as Walt Disney World, the theme park has branded itself as the picture perfect getaway destination for children and families alike. Many South Florida residents consider Disney World an ideal weekend escape thanks to its proximity, yet few know of the dangers that can arise on Disney’s various properties.

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California Screamin’ at Disney’s California Adventure

The entertainment and media super-conglomerate is no stranger to personal injury claims, as Disney has negotiated settlement agreements with guests when it knew or should have known of the dangerous condition that caused a guest’s injuries. Following the horrific wrongful death of a two-year-old boy at Disney’s Seven Seas Lagoon in June of 2016, two additional lawsuits alleging Disney’s negligence were filed in Orange County Circuit Court last month.

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road-signs-1520829-300x225Back to school season is here, and while it is an exciting time for students and parents, it is also a time of major chaos on the roads.  Parents battle rush hour traffic to drop off and pickup their kids at school, yellow school buses make their rounds, kids walk and bike to and from school, and new teen drivers are out on the road.  Unfortunately this makes school zones, which are designed to be safe areas, a high risk for pedestrian and motor vehicle accidents.

Statistics show that approximately 25,000 children are injured each year in school zone accidents.  These accidents are a combination of pedestrians being struck while walking or cycling to and from school, and vehicle on vehicle collisions.  100 children are killed every year walking to and from school. While the rate of pedestrian deaths in teens 12-19 has decreased overall over the past two decades, the number has increased in the past two years.  These statistics are alarming considering the fact that school zones are designed to make commuting to and from school safer for students.

Many school zones attempt to enforce safety by creating cross walks with signs and flashing lights, designating drop off and pickup areas for parents and school buses, and by imposing speed limits. Violating any laws accompanying these precautions often carry heavy fines. So, why are more and more accidents occurring in school zones

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Injured on the fieldAccording to the U.S. Center for Disease Control, sports are second only to motor vehicle crashes as the leading cause of concussions for people between 15 and 24 years old, and the number of concussions is on the rise. Parents, schools,  day care centers, and sports coaches better understanding the serious long term risks that come with brain injuries and being more likely to seek medical attention after head injuries. To avoid injuries, adults can not just pa attention to what happens on a sports field, but also keep children from getting hurt in backyards, on playgrounds, in parks and at school.

Recognizing the dangers and the signs of serious brain injuries is important. While head injuries are common and usually minor, some children– including those that appear to be well immediately after the head trauma actually have more severe injuries. These children are at risk for their condition to deteriorate or also suffer significant chronic complications that stem from that injury. In fact, despite better initial recognition of brain injuries, many adults underestimate how much recovery time is necessary after a suspected concussion, or the children themselves say they feel fine and ask to return to normal activities.

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Many of us have great memories of amusement parks from our childhood. Family trips to amusement and water parks Water Slideare a favorite American summer past time. The rides and attractions provide thrilling experiences that we can share with friends and family. Most of us will never have the chance to live out the adventures amusement rides and attractions offer us like enter a cartoon universe, fly to the moon, drive a race car, explore a haunted mansion, experience zero-gravity or spin around in teacups.

Unfortunately, while we trust amusement park operators to create these experiences for us in a safe environment , sometimes they fail.

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Miami and the surrounding areas are known as very active flourishing communities in many ways. One thing all of these areas have in common are avid bike riders. Many members of the community choose biking as their favorite past time, a more efficient form of transportation, or a way to preserve the environment. This all sounds like a great trait for a community until you look at the number of bicycle riders injured or killed yearly in the Miami-Dade and surrounding areas due to negligent drivers.

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It is important to note that bicyclist have many responsibilities when riding on public roads, however if you are injured in a bicycle accident or hit by a motorist your injuries you may have a claim for damages from the party that injured you. These tragic accidents can result in a daily struggle to recover. Sadly, many times these accidents are fatal and the families of the riders must move forward without their loved one and manage the loss of income, support, and services the family member was previously capable of providing to the household.

If you or a loved one is involved in an accident involving a bicycle it is important to contact an experienced bicycle injury attorney as soon as possible. Your attorney will be able to evaluate the liability among all of the parties and guide you to the solution that will result in the greatest remedy for your situation. A family member that becomes disabled or injured will never be replaced with any monetary award however, these remedies will help in the transition for the rest of the family in managing their new daily way of living.

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  • Uber and Lyft have increasingly become a streamlined part of everyday life for a majority of people looking for an inexpensive and convenient way to get around. Uber has over 15.6 million users a month in the United States and is a prominent transportation option for most of us who live in the Miami-Dade, Hollywood, Fort Lauderdale and other surrounding areas.

    Uber and Lyft are helpful and convenient but what happens when your ride doesn’t go as smoothly as planned? Both ridesharing companies employee the general public to use their own vehicles in conjunction with the Uber or Lyft platform to transport passengers and make a little extra money. Uber and Lyft operate a service that puts every customer in the car of someone they do not know. So, when there is a car accident and an Uber or Lyft customer is in the car during the accident what can they do?

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    UberLyftFBLeadGen-300x157Many people are surprised to hear that Uber and Lyft both provide additional insurance to their drivers. The companies require their drivers to carry specific insurance based on the type and frequency of services they plan to provide and based on the car they own. Additionally Uber provides $1 million of liability coverage per incident, $1 million of uninsured/underinsured insurance, comprehensive and collision insurance, no-fault coverage is provided in some states and coverage for bodily injury up to $50,000/individual/accident with a total of $100,000/accident and up to $25,000 for property damage.
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Dressers leading to the death of small children sounds like a bad horror film. However, this unfortunate series of events has been a reality for at least three families so far. Sold in several small pieces requiring extensive instruction and a bit of time are the typical furnishings purchased from the Swedish company, IKEA.

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IKEA is a leading furniture seller across the world and valued itself at over 11 billion dollars in 2012.1  IKEA has been aware of the danger posed by the dressers and made a first attempt to remedy the defect by providing kits to every purchaser of the dressers with instructions to secure the dressers to the walls where they will stand. Unfortunately, this did not solve the problem and another infant death followed. After tragedy struck again IKEA made the decision to recall the dressers. The IKEA website describes the recall as follows.

The recall affects children’s chests and dressers taller than 23.5 inches and adult chests and dressers taller than 29.5 inches … manufactured and sold through June 2016 and include the 3-drawer, 4-drawer, 5-drawer and 6-drawer models. Other IKEA chests and dressers in this recall were sold at various times through June 2016.”

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Sometimes a very unfortunate event affects those who cannot advocate for themselves because they are under the age of 18. If your child is injured on a playground, in a car accident, in a bicycle accident, at a store or in any way that results in a physical injury to your child and is someone else’s fault, you as their parent have the ability to bring a lawsuit on their behalf.

Children have the same access to remedies for harm to them as adults do and as their parents, you also have a right to recover medical expenses you incur while tending to the needs of your injured child.

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Children have special rules in court. Some of these exceptions are:

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Someone rear ends you or hits you as your driving down the street. At the moment you don’t notice any pain or obvious injuries but as the weeks go on you notice discomfort in your neck, back, knees or other parts of your body. A common misconception among those injured in auto accidents in Miami is if they do not make the claim for injuries immediately after reporting the accident they are barred from recovery for injuries developed or intensifying in the future. Or you notice that the auto shop you took your car to for repairs did not adequately or completely make the fixes to your vehicle. These situations are common in the Miami- Dade, Coral Gables and all other surrounding areas in South Florida.

Hourglass-shutterstock_208770109-e1440429398143Every state has a statute of limitations that dictates how long a party has to bring a claim against those that injured them or breached the contract or duty owed to them. In Florida the statute of limitations includes but is not limited to the following:

Injury to Person 4 yrs. §95.11(3)(o)
Libel/Slander 2 yrs. §95.11(4)(g)
Fraud 4 yrs. §95.11(3)(j)
Injury to Personal Property 4 yrs. §95.11(3)(h)
Professional Malpractice 2 yrs.; Medical: 2-4 yrs. §95.11(4)(a) and (b)
Trespass 4 yrs. §95.11(3)(g)
Contracts Written: 5 yrs. §95.11(2)(b), 1 yr. specific performance§95.11(5)(a)Oral: 4 yrs. §95.11(3)(k)
Judgments 20 yrs. domestic §95.11(1); 5 yrs. foreign judgment §95.11(2)(a)
   

From: http://statelaws.findlaw.com/florida-law/florida-civil-statute-of-limitations-laws.html

For a more complete list of the applicable statute of limitations in Florida see Florida Statute 95.11

Statutes of limitations involve many exceptions and cross reference with other applicable Florida laws. To assist in what can be a difficult area to understand and navigate the Experienced Personal Injury Lawyers at Friedland Law Group are ready and eager to assist you immediately. Having a lawyer familiar with this area of law and experienced in handling all types of cases can make all the difference in the outcome of your claim.

The South Florida personal injury attorneys at the Friedland Law Group handle all types of negligence, product liability, personal injury, negligent security, slip/trip and fall, and car accident cases throughout the state of Florida, including Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale, and Palm Beach. The Friedland Law Group handles all types of personal injury cases, including dog bites, wrongful death, defective products, medical malpractice, slip and falls, negligent and reckless drivers, and automobile and motorcycle accidents. Call the Miami personal injury attorneys today and let our family take care of your family.