Published on: April 16, 2020

How will Coronavirus (COVID-19) Impact My Fort Myers Car Accident Claim?

Fort Myers car accident lawyer

The novel coronavirus pandemic is dominating headlines – not to mention the lives of most Americans right now. But how might COVID-19 impact your Fort Myers car accident claim?

Our personal injury lawyers know several elements of your case could be affected by the pandemic, but the most important things to know are: You should not delay seeking medical treatment or consulting with an attorney. These are the quickest ways to jeopardize your health and reduce the value of your claim.

The silver lining in all of this is that with reduced traffic on the roads, we may see fewer crashes in total. However, pending cases will still proceed (even if delayed) and a crash during the pandemic is not impossible either.

That said, you should be aware of a few things that might be different. It is important to stay informed as we navigate this once-in-a-century national and global crisis. Continue reading

Published on: April 1, 2020

Report: Child Car Seat Manufacturer Marketed “Big Kid Booster Seats” as Safe in Side Impact Crashes. They Were Not.

by Leland Garvin

side impact crashes Child car seat manufacturer Evenflo, maker of the “Big Kid booster seat,” promised parents on its website that the side impact tests the company had conducted to ensure safety were “rigorous,” and simulated realistic side-impact crashes. This may have been a key selling point for many parents, given that side-impact crashes are responsible for one-fourth of all deaths of children under age fifteen (15) in crashes. As our South Florida car accident lawyers have seen, side-impact crashes are more likely to cause severe injuries because the only thing separating the child from the intruding vehicle is the door.

For years, these booster seats were marketed as safe. In reality, according to a new ProPublica investigation, the side-impact crash testing fell far below what one might consider rigorous.

Internal video records show that Evenflo’s tests of child-sized crash test dummies in the Big Kid boosters in a T-bone crash scenario were thrown far out of their shoulder belts. One of the company’s top booster seat engineers conceded in a deposition that if an actual child had been sitting in that same seat, that type of movement could cause potentially catastrophic spinal, head and neck injuries. They would also be at high risk of death.

Despite this, Evenflo gave the booster seats a “passing grade” for safety in side-impact crashes. As ProPublica put it, “The company’s test bar was so low, the only way to fail was if the child-seized dummy ended up on the floor or the booster itself broke into pieces.” Continue reading

Published on: March 24, 2020

Understanding the Florida Impact Rule for Emotional Distress Claims

by Leland Garvin

Florida impact rule Mental and emotional distress, including depression, anxiety, anger, fear, and insomnia, are common experiences among those who have suffered a personal injury. Florida is one of just five remaining states that subscribe to something called the impact rule when weighing claims of emotional distress.

Also known as the physical impact rule (or Florida impact rule), it requires plaintiffs who are seeking financial compensation for non-economic damages (namely, emotional distress) to prove they also experienced some physical impact or that their emotional injuries somehow physically manifested. There are some exceptions to this rule such as a claim for intentional infliction of emotional distress which we fill further detail below.

South Florida personal injury lawyers frequently request compensation for emotional distress as an element in injury lawsuits, but claims that solely involve emotional distress can be a bit trickier. This is not to say it is impossible, and the Florida Supreme Court has in recent years relaxed the guidelines for applying the impact rule. Still, it is important for anyone considering filing a claim for emotional distress in Florida to understand a bit about the legal standards that must be met. Continue reading

Published on: March 19, 2020

Distracted Boating Increasing the Risk of South Florida Boating Accidents

by Leland Garvin

Florida boating accidents We all know distracted drivers pose a serious threat on South Florida roads, but did you know distracted boating is also a significant and growing problem that sharply increases the risk of boating incidents?

A recent analysis of Florida boating incident statistics by Treasure Coast Newspapers revealed that operator inattention was by far the No. 1 cause of South Florida boating incidents – exceeding other factors like speeding, weather, failed mechanics, hazardous water and alcohol use combined. Nationally, operator inattention and improper lookout have accounted for nearly a quarter of all boating incidents over the last five years.

Distractions that Lead to Florida Boating Incidents

So what else has captured the attention of so many Florida boaters? Smartphones, mostly. Texting while boating has rapidly become a top concern of state and federal boating safety officials. The assistant director of boating safety for the BoatUS Foundation was quoted as saying, “If you’re texting from the helm, you’re likely not helming the boat.”

Our Key West boating accident attorneys note too that unlike cars traveling on a highway, boats have the potential to approach from all directions. They come in widely varying sizes and move at different rates of speed. Boat operators must be paying close attention at all times, especially when waves, wind, sun glare and vibration are factors too. Continue reading

Published on: March 17, 2020

4th DCA: Florida Business Can Be Liable for On-Premises Attack

by Leland Garvin

Fort Myers injury lawyer Florida property owners owe a duty of care to protect invitees from third-party criminal attacks – where the assault was reasonably foreseeable. This principle was affirmed recently by the Fourth District Court of Appeal’s reversal of summary judgment favoring a Florida business owner accused of negligence in an injury lawsuit.

As our South Florida injury lawyers can explain, key issues in these types of premises liability cases are:

Reasonable foreseeability of the attack.
Duty of care the property owner owed to the plaintiff (designation of invitee, licensee or trespasser, depending on the plaintiff’s purposes on-site). Age and special relationships can also be factors.
Whether the defendant property owner’s actions proximately caused the plaintiff’s injuries.

The defendant in Bryan v. Galley Maid Marine Products, Inc. argued it owed no duty of care to the plaintiff, who was on-site drinking with the owner and three others when he was attacked, twice. He suffered a broken neck, nerve damage, and facial fractures. The defense asserted there was no way the property owner could have reasonably foreseen what would happen because it occurred suddenly and without provocation. Furthermore, the defendant argued the victim was a licensee rather than an invitee, meaning the only duty business owner owed was to refrain from wanton negligence, willful misconduct or intentional exposure to danger.

The court noted there were seventeen (17) minutes between the first attack, which left the plaintiff unconscious and with missing teeth, and the second attack, which resulted in another bout of unconsciousness and even more serious injuries. No one called 911, according to court records, because those present were reportedly afraid of the assailant (who was later arrested, convicted and sentenced to prison). Continue reading

Published on: March 12, 2020

Common Myths About Florida Personal Injury Lawsuits

by Leland Garvin

Many people with strong claims to financial damages in Florida personal injury lawsuits are very reluctant to explore the possibility, and it largely has to do with some common myths and misconceptions of the process. They are:

Assuming it is going to be extremely expensive;
Thinking their injuries are not serious enough;
Hesitant to “punish” the at-fault person;
Reticent to seem “greedy”;
Presuming their insurance will cover it all anyway.

As our South Florida injury lawyers can explain, while the individual facts and circumstances of the situation ultimately determine the viability of your claim, by-and-large: These notions are incorrect or exaggerated. Some of these myths are rooted in a simple misunderstanding of the law. Others can be traced to an aggressive push for tort reform messaging.

Let us address them one-by-one: Continue reading

Published on: March 4, 2020

Determining Liability for Florida Driveway Accidents

by Leland Garvin

Florida driveway accidents People often consider their driveway as part of their “safe zone.” It is an extension of their home, and the only traffic – if any – is typically slow-moving, either pulling in or backing out. That is why driveways are fairly popular outdoor spaces for children to play – drawing with sidewalk chalk, shooting hoops or playing with water hoses.

The unfortunate truth is driveway accidents are far too common. According to KidsandCars.org, approximately 2,400 children in the U.S. are injured every year in driveway accidents. That is 50 every week, 2 of those dying from their injuries. Small children are at the highest risk of serious injury and death in driveway accidents, accounting for 64 percent of all non-traffic related auto fatalities.

In November of 2019, The News-Press reported the death of a 5-year-old girl in a Fort Myers driveway accident on Cypress Drive. She was playing in a driveway when the homeowner returned and made a left turn into his parking spot. His view of the girl was reportedly obstructed by a sport utility vehicle parked on the right side of the driveway. The girl was rushed to Lee Memorial Hospital, where she was later pronounced dead – the 79th road fatality in Lee County as of the end of November. Continue reading

Published on: February 26, 2020

Florida Ranks No. 2 for Dog Bite Injuries

by Leland Garvin

Cape Coral dog bite injuries Floridians are at higher risk of dog bite injuries compared to those in most other states. During National Dog Bite Prevention Week, the Insurance Information Institute revealed Florida ranked No. 2 for dog bites and other dog-related injuries.

In 2018, there were 1,281 Florida dog bite injury claims filed with homeowner insurance companies, making it second only to California, where 2,166 claims were filed. The good news is reports of Florida dog bites are down slightly from 1,345 in 2017, but there were still 6 bites reported for every 100,000 residents. Comparatively, there were 5.5 per 100,000 in California and 3.2 in Texas.

About 78 million dogs live in U.S. households, and about 4.5 million dog bites are reported annually, according to data from the American Veterinary Medical Association. That works out to approximately one dog bite victim for every seventeen (17) dogs owned.

The average cost of a dog bite injury claims in Florida is $44,000, higher than the national average of $39,000. In all, homeowners insurers paid out more than $675 million for dog bite injuries in 2018. Continue reading

Published on: February 19, 2020

I Was Injured on Vacation in Florida. What Are My Rights?

by Leland Garvin

Florida tourist injury lawyer

While the risk of a Florida tourist injury may depend on the activities in which one is engaged, often it is merely a matter of being in the wrong place at the wrong time – be it navigating heavy traffic or a slippery hotel floor. That does not mean no one is to blame.

Visitors should know that no matter where they are from, they have the same rights as residents when pursuing damages for others’ negligence resulting in injury.

News outlets recently reported that two Norwegian tourists were struck and seriously injured in a hit-and-run pedestrian accident in Fort Lauderdale. Meanwhile, shootings were reported in two tourist-heavy districts – one in Orlando on International Drive and another in Miami’s Wynwood district. In 2018, four Spanish tourists were struck and killed in a trucking accident in Key West. Several years before that, two teenagers from Indiana suffered broken bones, brain trauma, and severe internal injuries in a parasailing accident in Panama City.

What each of these occurrences has in common is that they involved Florida tourist injuries for which there likely are (or were) grounds to file Florida personal injury or wrongful death lawsuits, albeit based on different legal theories. As long-time South Florida tourist injury lawyers, we have helped many tourists injured on vacation in Florida to weigh their case’s viability and pursue the most favorable outcome.

Published on: February 19, 2020

Botched Plastic Surgeries Lead to Medical Negligence Lawsuits, Florida Law Change

by Leland Garvin

Florida medical negligence The notion of the “ideal” body shape is ever-changing, and in Florida, plastic surgeons are in high demand. However, it appears the lure of steep profit margins has led some physicians who are not uniquely qualified, experienced or careful to offer complex medical procedures at rock-bottom prices – often with tragic results. A recent series of botched cosmetic surgeries in South Florida has led to a spate of medical negligence lawsuits, a change in Florida law (effective 1/1/20) and a pending Florida Supreme Court ruling.

Our South Florida medical malpractice attorneys know the one procedure sparking the greatest concern of late is the “Brazilian butt lift,” or BBL. The procedure, which aims to enhance one’s rear with a transfer of fat to the gluteal region from the abdomen, lower back, thighs and/or hips, requires precise and careful application. The greatest risk is the possibility of a heart or pulmonary fat embolism. This happens when the fat is accidentally injected deep into the muscle tissue, making its way into the bloodstream and causing obstruction of major blood vessels of the heart or lungs. Another potential danger is that of punctured internal organs. Both have proven life-threatening and/or fatal.

NBC-6 reports more than a dozen women have died in South Florida in recent years during or shortly after having a BBL. Several of their families have filed medical negligence /wrongful death lawsuits. They assert that the deaths and injuries that occurred were not the result of unavoidable complications, but rather serious mistakes by the medical professionals involved.

Factors that led to a higher risk of complications in BBL procedures included: