Personal Injury

Published on: January 19, 2022

How Florida Injury Lawsuits Could be Impacted by Recreational Use Statute

South Florida injury lawsuit Florida has some of the best outdoor recreation the country has to offer, with 8,400 miles of shoreline (including lakes and springs), 11 national parks and nearly 200 state parks, campgrounds, preserves, recreational areas and trailheads. Although we don’t have data for how many injuries occur at these sites every year, we do know that pursuing a Florida injury lawsuit after an incident may require overcoming the recreational use defense.

In any negligence lawsuit, a key question is whether the defendant owed the person injured a duty of care. The recreational use statute, codified in F.S. 375.251, limits the duty of care owed by the owner/manager of property to guests when the land, water or park areas have been made available to the public for recreational purposes without charge. The idea is to encourage land owners – including the government – to make areas available for public outdoor recreation by limiting their liability for injuries that may occur on site. The statute allows that if a landowner opens its land to the public for outdoor recreational use, it holds no duty of care to keep that area safe for entry or use by others and no duty of care toward a person who goes to the area and no duty to warn of hazardous conditions.

The statute broadly protects landowners against Florida premises liability claims, but it does not necessarily mean if you’re injured at a state park or on the beach in Florida that you can’t be compensated. If you are injured on private property that is open to the public for recreation, a complete analysis of the land ownership and whether the statute was strictly followed is important. It’s also important to discuss your legal options with a skilled Florida injury lawyer.

Published on: November 3, 2021

Dangerous Home Elevators Prompt CPSC Warning to AirBnB, Vrbo, Other Vacation Rental Sites, Owners

by Leland Garvin

Florida elevator injury lawyer Dangerous home elevators in use at rental properties throughout Florida and across the country have sparked an urgent call from the U.S. Consumer Product Safety Commission for action by the vacation rental industry. At issue are gaps in the elevators that can pose a risk of serious physical injury and death, particularly for small children.

“These injuries and deaths are horrific, and we need the property owners and rental agencies to disable elevators immediately until they have been inspected,” wrote Acting CPSC Chairman Robert Adler.

Florida is a very popular spot for residential vacation rentals. According to one online platform, there are more than 215,000 Florida vacation homes for rent just on their site alone. The actual number of residential rentals is probably much higher, though it’s not clear how many of those sites have dangerous home elevators inside them.

The reported risk with residential elevators is that occupants can be fatally crushed in a space that exists sometimes between doors. As our Florida elevator injury attorneys can explain, with a deep gap between the outside door and the inside door, a child can go in, close the outside door without opening the inside door. They then get entrapped between the two. If the elevator moves, it’s going to have tragic consequences. A 2019 investigation by The Washington Post indicated more than a half million residential elevators in the U.S. pose a risk.

As Fort Myers injury attorneys, we recognize this is not the first thing people want to picture when planning a getaway. Given the seriousness of the risk, however, vacationers as well as property owners must take the CPSC warning seriously. Continue reading

Published on: October 27, 2021

Naples Injury Attorney Explains Accident Report Privilege in Florida Crash Cases

by Leland Garvin

Naples injury attorney

Florida law requires that police be called when a motor vehicle crash occurs. The investigating officer will arrive and be tasked with documenting the scene, interviewing witnesses and preparing a crash report.

At the same time, the Fifth Amendment to the U.S. Constitution guarantees those accused of crimes the right to refuse to answer questions that could be used against them in a criminal proceeding. To prevent a possible constitutional violation, Florida law has carved out something called accident report privilege (which is not exactly a privilege, but more on that later). Basically, statements made to an investigating officer for purposes of completing the crash report can’t be used in criminal proceedings OR a civil injury lawsuit.

As a Naples injury attorney can explain, there are a lot of different reasons for this protection – constitutional and otherwise. But it’s important to note because it could have a negative (or positive) impact on your ability to recover damages from the at-fault driver. The good news is that if you work with an experienced attorney, he or she can usually obtain that same information elsewhere – especially when the details can still be gleaned during the discovery process. Continue reading

Published on: October 13, 2021

Injured on South Florida Vacation – Where Do I Hire an Injury Attorney?

by Leland Garvin

Key West injury attorney Millions of people every year seek a sunny respite in South Florida, visiting places like Miami, Key West, Naples, Sarasota, and Fort Myers. While Florida is as safe as any other state in many respects, there are some higher risk areas on the roads, at some resorts and, of course, in the waters. Although you might purchase insurance on flights or hotel stays, those usually only cover losses from delays, cancellations, or theft. If you’re seriously hurt while on vacation in South Florida, you will need to work with a local injury attorney who can handle your claim for damages.

As a Fort Myers tourist injury attorney, I help people from all over obtain financial compensation for the injuries they sustained here on vacation due to someone else’s negligence.

Some examples of South Florida tourist injuries in recent months:

Just recently, a woman and her adult son from South Carolina were killed in a Florida crash when the car they were in collided with a flat-bed tractor-trailer at an intersection that had an inoperative traffic light, according to the AP. The adult son’s wife and two young children, who were also in the vehicle, were injured but survived.
Earlier this year, a tourist from Mexico was seriously injured in a Naples hit-and-run car accident while she was bicycling. She was badly hurt, and returned to Mexico for treatment of her injuries. Although police initially closed the case for lack of evidence, an injury lawyer she hired obtained additional evidence (surveillance video from a nearby business) that resulted in law enforcement re-opening the investigation.
Last year, an Indiana couple filed a $100 million Florida injury lawsuit against a boat operator who was allegedly drunk when he caused a South Florida boating accident resulting in the woman suffering a serious, lifelong traumatic brain injury.

Accidents that occur while you’re on vacation in Florida can lead to serious injuries. In addition to crashes, bicycle accidents and boating injuries, tourist injuries can stem from:

Swimming pool accidents.
Amusement park accidents.
Hotel injuries.
Parasailing injuries.
Festival and concert injuries.
Trade show and convention injuries.
Sexual assaults and other violent attacks.

There are several things you can do immediately after an incident (if you’re able) to preserve your chances of recovering full financial compensation for your losses. These include:

Seeking immediate medical attention.
Reporting the incident to local police and/or premises owner/manager.
Documenting the scene with photos/videos.
Collecting witness information (names, phone numbers, addresses of people who saw what happened).
Seeking legal representation.

If you’re not able to do these things, it doesn’t mean you don’t have a case. It does mean you’d be wise to seek legal counsel as soon as possible.

Published on: October 6, 2021

Naples Injury Lawyer Insight: Compulsory Medical Exams

by Leland Garvin

Most people who file damage claims for personal injuries from a car accident, slip-and-fall or some other incident won’t have to worry about the prospect of a compulsory medical exam. As a Naples injury lawyer can tell you though, this changes if you actually file a lawsuit.

A compulsory medical exam (sometimes referred to as a “CME”) is a medical examination of a plaintiff or defendant in a personal injury lawsuit at the request of the other party (usually of the plaintiff at the request of the defense). Per Rule 1.360 of the Florida Rules of Civil Procedure, parties to personal injury lawsuits have the right to request an examination when “the condition of the subject in question is in controversy.” In other words, the other party is asserting doubt about whether the injury in question is as severe as one claims. An “independent” doctor is called upon to conduct their own medical exam and put forth their conclusions.

We put the word “independent” in quotations because the choice of medical examiner typically rests with the requesting party, who must establish to the court that they have “good cause” for the request.

The reason most injury claimants needn’t worry about this is because most Florida personal injury claims are resolved in settlement negotiations – without the need for a lawsuit or long before a trial begins. But even if your case does not ultimately go to trial, preparing for one may require you to undergo a CME. An experienced Naples injury lawyer can tell you what to expect and what you need to know. Continue reading

Published on: August 3, 2021

Florida Negligent Security Lawsuits Filed Against Fort Myers Beach Resort

by Leland Garvin

A popular Fort Myers Beach resort is facing two Florida negligent security lawsuits that allege the property owners did not take the safety of guests seriously.

For those who may be unfamiliar, negligent security is a type of premises liability claim filed in civil court demanding financial compensation if the owner or manager of a property fails to ensure adequate security, putting guests at heightened risk of criminal violence, including shooting, assault, battery and rape.

As our Fort Myers Beach hotel injury attorneys can explain, courts do not expect property owners to see into the future. Instead, they are expected to proactively address any reasonably foreseeable danger to guests. When they do not mitigate those risks or issue warnings, they can be held legally responsible in Florida negligent security lawsuits for breaching the duty of care owed to those harmed in violent acts on site. Continue reading

Published on: June 9, 2021

Southwest Florida Car Accident Risk Rises With Road Construction

by Leland Garvin

Southwest Florida car accident The recent emergency closure of a major national east-west thoroughfare (the I-40 Mississippi River Bridge in Tennessee) due to a critical crack in a bridge beam has drawn attention to the $2.3 trillion infrastructure package proposed by the White House for road renovations nationally. Florida, which was given a C grade for overall infrastructure, has more than 400 bridges and 3,560 miles of highway considered to be in “poor condition.” Although strengthening of infrastructure makes us safer in the long-haul, road construction could well increase Southwest Florida car accident risk in the short-term.

Florida Road Construction Projects

Florida has seen exponential growth in recent years, placing increased burdens on our roadways and traffic infrastructure. The Cape Coral-Fort Myers metro area in Lee County has been among the fastest-growing regions in the country.

Published on: April 30, 2021

Florida Slip-and-Fall On-the-Job: Beyond Workers’ Compensation

by Leland Garvin

florida-slip-and-fall-300x200

Whether you are a construction worker, nurse, or teacher, if you are injured on-the-job in a Florida slip-and-fall, workers’ compensation may be your sole source of financial recovery. Workers’ compensation is considered the exclusive remedy for most work-related injuries in Florida, meaning it is the only recourse one has against an employer. Workers do not need to prove negligence so long as they were hurt in the course and scope of employment, and in turn the employer covers the cost of treatment and a portion of lost wages during recovery.

However, workers’ compensation tends to fall short of the damages (pain and suffering, loss of life enjoyment, etc.) one could recover in a personal injury lawsuit. Because the exclusive remedy provision of Florida workers’ compensation law makes it almost impossible to win a personal injury case against one’s own employer, our South Florida slip-and-fall injury lawyers would primarily be concerned with the potential liability of a third-party property owner/controller or other liable parties. This would be someone other than your direct employer. (Note: Independent contractors are often not considered “employees” for workers’ compensation purposes and thus may be allowed to pursue injury claims against the company for whom they were working.)

Slip-and-fall cases are a type of premises liability. Premises liability is a legal concept referring to an injury caused by an unsafe or defective condition on someone else’s property. To win, a plaintiff must prove negligence (failure to exercise reasonable care) in owning/maintaining the property. The mere fact of a dangerous condition or occurrence of injury does not automatically mean the property owner was negligent. In most cases, you must prove the property owner knew or reasonably should have known the site was unsafe and failed to take proper steps to address the danger. (The exact proof burden for slip-and-fall injury claims is spelled out in F.S. 768.0755.)

It is important that if you are seriously injured at work and believe a third-party was at least partially responsible that you speak with an experienced injury lawyer about your legal options. You may have grounds to pursue additional damages beyond workers’ compensation.

Published on: February 10, 2021

Overcoming Challenges in Florida Large Truck Accident Cases

by Leland Garvin

Florida large truck accident cases

In the last decade, the number of deadly Florida large truck accident cases increased nearly 75 percent, with almost 300 reported in the most recent year, according to The Federal Motor Carrier Administration. On average, more than 3,000 people lose their lives in U.S. truck accidents annually. Federal data released last month indicated the number of people injured in large truck crashes – occupants and non-occupants – spiked 5.3 percent to 159,000 in 2019.

Trucks in Florida barrel daily down I-75 (including Alligator Alley through the Everglades), I-275, I-95, I-4 and I-10. They also rumble along U.S. 41 and on many rural routes in South Florida, posing a greater risk to other drivers.

Florida lawsuits involving large trucks such as 18-wheelers can be especially complex. As our Fort Myers truck accident lawyers can explain, you are not dealing with the just negligence of a single, private individual behind the wheel. Rather, like layers of an onion, there are likely to be numerous corporations, employees, vehicle owners, and insurers involved.

Further complicating matters is that Florida’s large truck accident cases tend to involve very serious injuries, much more so than the average car accident (perhaps unsurprising given that these vehicles can weigh up to 30 times as much as a car). Lives have been upended, shattered, or even lost. Meanwhile, companies know they have hundreds of thousands or millions of dollars on the line. Drivers may have their careers at stake. These defendants are usually well-funded inclined to invest heavily in protecting their own interests – no matter how tragic the circumstances. These are not the kind of cases that can be trusted to just any law firm.

Published on: January 13, 2021

Pandemic Pet-Buying Boom May Lead to More Florida Dog Bite Injuries

by Leland Garvin

Florida dog bite injuries

The pandemic compelled many Floridians to stay closer to home in the last year, prompting many to turn to four-legged companions for comfort. In 2020, there was an unprecedented number of people in Southwest Florida who fostered or adopted a pet, according to The News-Press. Undoubtedly, pets are a salve against isolation and anxiousness. However, there has been one unfortunate unintended side effect: A surge in Florida dog bite injuries.

In an analysis published by the Journal of Pediatrics, physicians at some children’s hospitals reported a three-fold increase in the rates of visits to pediatric emergency departments because of dog bites. Rates of dog bite injuries in the spring were more than double the summer rates, when these types of injuries are typically most common. Some cities, like Minneapolis, ordered all dogs to be leashed after noting a sharp uptick in dog bites there.

As our Fort Myers injury lawyers understand, families with kids and dogs have endured some unique challenges over the last year. Kids were staying home, common outlets like school, sports and playdates were sidelined, and working caregivers may not have had the capacity to supervise every second of child-animal interactions. This can increase the potential for dog bites. Continue reading