Florida Injury Lawyer Blog

Crime Victims Rights

Miami, Florida - Victims of violent crime have the right to receive compensation in certain cases. In Florida, Personal Injury Lawyers can file a civil lawsuit for negligent security or inadequate security in order to secure compensation for the victim and his or her family. These negligent security or inadequate security cases arise when land or business owners fail to take reasonable steps to protect their guests and patrons from foreseeable violent crime on their premises.

When these attacks occur on the premises of a business, the business operator and the land owners may be liable for the harm caused by third parties.

Unfortunately, most victims of violent crime have no idea that they may be entitled to compensation. Florida law imposes a legal duty on land and business owners, to provide a safe premises for their patrons.

Yesterday, a man who allegedly stabbed a twenty-four year old woman to death in a Manhattan grocery store was arrested in Miami, Florida.

The operators of a grocery store and the owners of the property or shopping center where it is located, are in the best position to know about the criminal activity in the area of their premises. For that reason, they have a duty to take reasonable precautions to protect their invited guests and the general public from foreseeable criminal attacks. That duty could include a duty to implement reasonable security measures to protect their guests.

Negligent or inadequate security cases usually arise out of violent criminal attacks including:

1). Rape
2). Murder
3). Robbery
4). Assault and Battery, and more recently,
5). Acts of Terrorism

Continue reading "Miami, Florida - Crime Victims Compensation Available In Some Cases" »

Posted by James Hannon, Esq. | Permalink | Email This Post

Posted In: Brain Damage , Catastrophic Injuries , Crime Victim's Rights , Death , Florida Wrongful Death , Inadequate or Negligent Security , Paralysis , Paraplegia , Premises Liability , Quadriplegia , Spinal Cord Injuries , Traumatic Brain Injury

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Miami, Florida - When large commercial trucks crash, the accidents are rarely “minor fender benders” and the results are often catastrophic. With over 8 million trucks on the road, accidents involving these vehicles are a fact of life.

But the chances of a truck accident occurring, especially a fatal truck accident, are higher in Florida than almost any other state and higher in the Miami area than in all but two other locations in Florida. Florida ranks third in the nation in fatal truck accidents. Only Texas and California have more.

According to the U.S. Department of Transportation, a disproportionate number of truck accidents occur in just three areas of Florida:

1). Hillsborough County, which includes the city of Tampa on Florida’s west coast;

2). Polk County, which includes the cities of Lakeland and Bartow in Central Florida, and

3). Miami-Dade County, which includes the cities of Miami, Homestead and Hialeah in
     South Florida.

One reason for this is because a higher volume of large trucks, including semi tractor-trailers, travel through these communities than in most others.

There are some roads that are particularly dangerous within these communities. For example, Interstate 60 connects Florida’s East and West coasts and runs right through Polk County near Lakeland and Bartow in Central Florida. I-60 is basically a country road – much smaller than most interstates. Similarly, Krome Avenue, in the Miami area, hosts many tractor trailers and is also just a two lane, country road. Another smaller road that sees an unusually high number of truck accidents is Overseas Highway, which runs through Key Largo, Islamorada, Marathon and Key West in the Florida Keys.

Truck accidents are also a familiar sight on Florida’s larger highways (The Florida Turnpike, I-95, I-75, I-595) just because of the volume of large trucks traveling on them. But the interstates are not alone.

The Florida Injury Lawyers at our firm have extensive experience in representing the victims of truck accidents in each of these areas and throughout the State. Through our experience, we have learned not only who the best expert witnesses are in the trucking industry and how to use the Federal Motor Carrier Safety Regulations to prove negligence on the part of truck drivers and the trucking companies that employ them, but also that there are usually multiple factors involved in determining the cause of an accident involving a large commercial truck.

In the year 2002, large trucks were involved in over 70,000 accidents across our state according to Florida’s Department of Highway Safety and Motor Vehicles (DHSMV). That represents almost 1/3 of all Florida motor vehicle accidents for that time period.

Continue reading "Florida Truck Accidents Among Most Frequent in US" »

Posted by James Hannon, Esq. | Permalink | Email This Post

Posted In: Brain Damage , Catastrophic Injuries , Death , Florida Truck Accidents , Florida Wrongful Death , Miami Truck Accidents , Paralysis , Paraplegia , Polk County Truck Accidents , Quadriplegia , Spinal Cord Injuries , Transportation Accidents , Traumatic Brain Injury

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WILDWOOD FLORIDA - A semi tractor-trailer accident killed a father and son who were working on the Florida Turnpike this morning in Sumter County as they were making repairs to the guardrails just North of Highway 301.

The victims, Luis F. Jimenez, 49, and his son Edward Jimenez, 24 were killed just after 10:30am when a car and a tractor-trailer collided sending the car over the guardrail according to the Florida Highway Patrol.

Florida injury lawyers would look to hold the negligent driver responsible for the tragic death of this father and son. In addition, they would investigate to determine whether or not adequate safety proceedures were in place for the road work being performed.

According to turnpike officials, the father and son were working on the guardrail with one other worker who was not identified.

The accident closed the northbound lanes of the turnpike for several hours between Highway 301 and I-75 which spans about 3 miles.

Posted by James Hannon, Esq. | Permalink | Email This Post

Posted In: Catastrophic Injuries , Death , Florida Auto Accidents , Florida Truck Accidents , Florida Wrongful Death , Transportation Accidents

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Florida - Florida personal injury lawyers filed a lawsuit on behalf of John Graziano, who suffered a severe traumatic brain injury in an automobile accident last August.

The defendants - wrestling superstar, Hulk Hogan and his family. Graziano's parents are suing Hogan under Florida's "Dangerous Instrumentality Doctrine" which holds the owner of an automobile vicariously responsible for the negligent operation of that vehicle.

Experienced Florida personal injury lawyers know how to use Florida's laws to achieve substantial compensation for their seriously injured clients.

Hogan's son, Nick Bollea, was driving a car registered in his father's name at the time of the crash.

The August 2007 auto accident (see my post on March 13th about this crash) left Bollea's friend, Graziano with permanent brain damage and other serious injuries that will require daily nursing care for the rest of his life.

Bollea faces charges of reckless driving involving serious bodily injury. He will be tried on these charges next month.

The Graziano family filed a lawsuit against Hulk Hogan (Terry Bollea), his wife Linda and son Nick, charging them with negligence.

Continue reading "Florida - Personal Injury Lawyer Sues Hulk Hogan For Brain Damage And Other Injuries Suffered in Son's Car Accident" »

Posted by James Hannon, Esq. | Permalink | Email This Post

Posted In: Brain Damage , Catastrophic Injuries , Florida Auto Accidents , Transportation Accidents , Traumatic Brain Injury

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Hialeah, Florida - The body of 28 year old, Odin Torres, a Miami woman was recovered from the debris caused by the collapse of a huge construction crane in New York Saturday. The crane accident destroyed a four-story building in Manhattan when it toppled.

Six others were also killed in the accident. They were all construction workers.

The crane collapsed when a steel collar used to secure it to the building under construction fell while it was being installed. It caused damage to another steel collar below it that also supported the crane. Once the crane's support system had been compromised, the counterweights at the top of the crane caused it to fall, according to the New York City Department of Buildings.

It was reported that Odin Torres was visiting New York for the St. Patrick's Day holliday.

When contractors and construction workers are careless, innocent people often pay the ultimate price. The Florida personal injury attorneys at our firm have handled numerous construction site accidents where people were seriously injured or killed as a result of the negligence of contractors or defective construction equipment. We handle cases where Florida residents are injured in other states and sometimes associate with a local lawfirm, though that is not necessary in all cases. From what I have learned so far about this New York crane disaster, it sounds like the crane and its support system were negligently designed. It is also clear that the construction crew was negligent in installing the crane. Once the support collar fell and impacted another one, a thorough inspection should have been conducted of all of the support collars to insure that their integrity had not been compromised.

Unfortunately for Odin Torres and her family, that obviously did not occur.

.

Posted by James Hannon, Esq. | Permalink | Email This Post

Posted In: Catastrophic Injuries , Construction Site Accidents , Dangerous or Defective Products , Dangerous/Defective Construction Equipment , Death , Florida Wrongful Death , Premises Liability

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DELRAY BEACH, FLORIDA — A serious automobile accident left three people dead and two others injured Sunday when a car traveling South in the northbound lanes of Interstate 95 crashed head on into another vehicle in Palm Beach County, Florida. The fatal auto accident also contributed to two other injury wrecks. Several people injured in the crash were sent to Delray Medical Center for emergency medical treatment including one police officer.

The fatal accident between a white Mercedes and a black Pontiac occurred at approximately 5:10 a.m. just south of Atlantic Avenue.

According to police, Boris Rapoport of Quebec was driving the Mercedes when it struck the Pontiac which was being driven by North Lauderdale resident, Kenneth Richard Jenkins, 25.

Rapoport and two others who were in the backseat of the Mercedes, 79 year old Renee Rapoport, of Quebec, and 83 yeaqr old Robert S. Rutman, of Boca Raton, were killed in the crash. 69 year old Angelina Pauglica, of Quebec, who was also in the Mercedes, had surgery after being admitted to the hospital in critical condition.

According to Lt. Tim Frith of the Florida Highway Patrol, Jenkins was also taken to Delray Medical Center and is expected to survive.

Delray Beach police Sgt. Toby Rubin and 4 others sustained injuries when their cars collided while Rubin was chasing the wrong-way vehicle.

Investigators said that after the head-on collision, a white Honda was hit by a blue Hyundai trying to avoid the wrecked automobiles, police said. Edward Duggan (the driver of the Honda), and his wife, Christina of Short Hills, N.J. were heading north to Palm Beach International Airport when their car was hit. The Duggans were not seriously injured and were not hospitalized.

Investigators said the driver of the blue Hyundai, 35 year old Lake Worth resident, LaShawn Antoinette Brown, also avoided serious injury.

According to her mother, Rosetta Brown, Brown was admitted to St. Mary's Hospital in West Palm Beach later that day with strong neck and back pain.

Our Florida injury lawyers handle auto accident cases in Palm Beach County regularly and know full well the tragedy that can result from careless driving on our highways.

Posted by James Hannon, Esq. | Permalink | Email This Post

Posted In: Catastrophic Injuries , Death , Florida Auto Accidents , Florida Wrongful Death , Transportation Accidents

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Clearwater, Florida - Law enforcement released crash scene photographs from their investigation into the automobile accident involving Nick Bollea (Hulk Hogan's son) and John Graziano. Graziano, who was seriously injured in the acccident and sustained severe brain damage, is depicted in some of the photographs while in the hospital.

The lawyer for the Graziano family has asked the media to refrain from releasing some of the photographs which he says are particularly gory and troubling.

The Florida personal injury attorneys at our law firm always seek to protect the privacy of our clients and their families while working tirelessly to achieve substantial compensation they deserve. When a loved one has suffered catastrophic injuries, the family shouldn't have to worry about anything except making sure he or she is receiving the medical attention they need.

Typically when the police investigate a severe traffic accident, officers take photos of the vehicles at the scene. It is not as common for them to take photos of the victims in the hospital, but it does happen when they believe it is necessary in order to complete their investigation.

A spokesperson for Tampa Bay's Channel 10 News said that "some of the photos of Graziano are so horrific we can't show them on TV...". His family is concerned that they will show up on the Internet.

Lawyers representing the Graziano family criticized the Bollea family for staging what they called a “Valentine's Day publicity stunt.“ The entire family except for Terry Bollea (Hulk Hogan) went to visit Graziano in the hospital and called a news conference.

Continue reading "Police Accident Investigation Photos Released in Bollea Car Crash " »

Posted by James Hannon, Esq. | Permalink | Email This Post

Posted In: Brain Damage , Catastrophic Injuries , Florida Auto Accidents , Transportation Accidents , Traumatic Brain Injury

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Davie, Florida - Teenagers and automobiles are often a deadly combination. In fact teens are involved in a disproportionate share of automobile accidents. That is something that Nova Southeastern University in Davie, Florida is striving to change with a program that will lead to additional certified drivers ed instructors across the state.

Our experienced team of Florida injury attorneys often represent people who were seriously injured in motor vehicle accidents all over the state of Florida. Our trial lawyers work tirelessly to hold negligent drivers and their insurance companies accountable for the harm they cause. We hope that our hard work will someday help to prevent accidents and, in turn, injuries. It is encouraging to see an innovative program that will provide increased training for our youngest drivers. This program may eventually lead to a reduction in the number of injuries and fatalities on our roads. That is one impact on our highways we would all welcome.

The problem - a shortage of driver education courses in Florida schools. This shortage has grown as public school coaches are lost to retirement and fewer young coaches are becoming certified to teach driver education. The result is that drivers ed classes are no longer a mainstay in our schools.

Part of the problem has been that the only two places in the state teachers could go for certification were the University of Florida in Gainesville and the University of South Florida in Tampa. That made it difficult for teachers in other parts of the state to obtain the necessary training.

The NSU program will be available to teachers nationwide online. The program was developed by NSU in collaboration with Broward public schools and under the auspices of the Florida Department of Education. The program is expected to comply with the requirements of most other states.

Driver ed classes are becoming more popular throughout Florida, thanks in part to the Dori Slosberg Foundation, organized by former state Representative Irv Slosberg, whose 15-year-old daughter, Dori, was killed in an automobile accident in 1996.

Since Dori died, Slosberg has been an advocate for traffic safety and driver ed classes. He has also lobbyed for legislation that would add $5 to every traffic ticket issued in the state.

That money would go to support driver education classes in schools. Slosberg estimates the surcharge would generate $14 million annually for the classes in Broward and Miami-Dade.

The new program at Nove is expected to make it easier, or at least more convenient for teachers to get certified.

Posted by James Hannon, Esq. | Permalink | Email This Post

Posted In: Florida Auto Accidents , Transportation Accidents

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Broward County, Florida - One woman was killed Sunday in a bus accident on the road to the Langerado Music Festival just North of I-75 (Alligator Alley).

A spokesperson from the Broward County Medical Examiner's office said that 36 year old Constance Leach of Clewiston, Florida, died from injuries she sustained in the crash.

According to Florida Highway Patrol spokesman, Sgt. Mark Wysocky, the accident occurred on Snake Road, a few miles north of Interstate 75 in Broward County when the pick up truck driven by Leach collided with a tour bus. The crash was reported in the early morning hours on Sunday.

Our Florida injury lawyers have represented many families whose loved ones were seriously injured or killed in charter bus accidents across the state of Florida. Through our investigation of many of these crashes, we have discovered that bus drivers are often hired and placed behind the wheel of these huge vehicles without adequate training or experience. Too often, tour bus drivers are pushing the limits of safe operation in order to deliver passengers to their destination earlier. Lives are lost or forever changed when negligent charter operators put profits ahead of people by hiring unqualified drivers and failing to adequately train them.

Leach, a stay at home mom, leaves behind her four children and two grandsons, according to her sister, Tammy Leach.

Continue reading "Fatal Tour Bus Accident in Broward County, Florida Leaves One Woman Dead " »

Posted by James Hannon, Esq. | Permalink | Email This Post

Posted In: Catastrophic Injuries , Charter Bus Accidents , Death , Florida Auto Accidents , Florida Wrongful Death , Tour Bus Accidents , Transportation Accidents

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Miami, Florida - An 18-wheeler and a car met in a head-on collision Wednesday, shutting down Krome Avenue near SW 88th Street (Kendall Drive). The March 5, 2008 tractor-trailer wreck sent one person to the hospital on air rescue. The rescue helicopter dispatched by the Miami- Dade Fire Department had to land on the street.

Hazmat teams were also sent to the accident scene to clean up the resulting fuel spill.

Truck accidents, especially those involving huge semi tractor-trailors, generally inflict more serious injuries on motorists than do traffic accidents involving only passenger cars. One reason for this is because these big rigs typically weigh as much as 80,000 lbs fully when loaded. That is several tons heavier than the average passenger car.

Careless truckers will continue to cause serious injuries and death among Florida motorists until federal lawmakers stop de-regulating the trucking industry and move toward tighter regulations to keep our roads safe. Our Florida truck accident lawyers have represented too many families throught the state, who have lost loved ones in traffic accidents involving large commercial trucks.In these times of de-regulation, trial lawyers are often the only ones who are willing to hold negligent truck drivers and the trucking companies they work for accountable.

Posted by James Hannon, Esq. | Permalink | Email This Post

Posted In: Florida Auto Accidents , Florida Truck Accidents , Miami Auto Accidents , Miami Truck Accidents , Transportation Accidents

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Florida - Automobile accidents are one of the most common causes of death and serious injury in the United States. Not surprisingly, many Florida motorists are seriously injured or killed each year in motor vehicle collisions.

Too often, these deadly traffic accidents are caused by hit and run drivers who flee the scene before law enforcement officers arrive. This sometimes occurs because they are intoxicated or uninsured.

A hit and run accident left Pam Pafford, a 33 year old Florida woman, dead and her son critically injured on US Highway 41. The accident occurred on February 18, 2008 in Columbia County, Florida.

According to the Florida Highway Patrol (FHP) and the Columbia County Sheriff's Office (CCSO), Pamela A. Pafford, of Lake City, Florida was traveling northbound on US 41 just north of Lake City at approximately 3 p.m. Michael Tyrone Philpot, 24, also of Lake City was traveling southbound when he crossed the center line into the northbound lane.

The left front of Philpot's vehicle struck the left front of Pafford's Honda Civic, which then spun across the northbound shoulder and ended up in a ditch. Pafford and her seven-year-old son, Jordan Gibbons, were air lifted to Shands Medical Center at the University of Florida, where she ultimately died from her injuries.

Philpot left his vehicle and fled into the nearby woods, according to CCSO. FHP initially believed the accident was a random head-on collision, but they later learned that Philpot and Pafford knew each other. In May of 2007, Philpot was released from the Florida Department of Corrections where he served a prison sentence for false imprisonment and aggravated assault of Pafford, according to CCSO.

Police searched for Philpot with the assistance of dogs from the Baker Corrections Institute and the Fish and Wildlife Commission. According to CCSO, the dogs led law enforcement officers to an area where Philpot may have been picked up by a passing motorist. Police believe Philpot may have been injured and may seek medical care. Law enforcement officers warn that Philpot should be considered dangerous and extreme caution should be exercised in any contact with him.

According to a report from www.columbiaclerk.com, Philpot had been arrested in 2001 for attempted first-degree murder and carrying a concealed weapon and again in 2002 for armed kidnapping and aggravated assault with a deadly weapon. He was also sentenced in 2005 to two years and five months for false imprisonment and domestic violence.

Police are actively searching for Philpot and an arrest warrant has been issued. Anyone who has any information on his whereabouts should contact Det. JT Williams at 386-623-6746 or 386-752-3222.

Posted by James Hannon, Esq. | Permalink | Email This Post

Posted In: Catastrophic Injuries , Florida Auto Accidents , Florida Wrongful Death , Transportation Accidents

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EXPANDED RECALL ALERT:

Florida residents beware: the nationwide recall on pre-filled heparin flush syringes and viles manufactured by Am2Pat, Inc. d/b/a Sierra Pre-filled and B. Braun Medical, Inc., due to contamination with the Serratia marcescens bacteria, has been expanded. Unfortunately; for many patients using this dangerous and defective drug, the recall was too late. Several reported cases of the infection were in Florida as well as in other states. The Food and drug Administration (FDA) warned that patients and clinicians should immediately stop using these products.

On January 25, 2008, the U.S. Food and Drug Administration issued a class 1 recall of Sierra heparin or saline pre-filled syringes. A class 1 recall is the FDA's most serious and is reserved for those situations where using the defective product "will cause serious injury or death."

This FDA recall expanded upon a Dec. 20, 2007 recall by Manufacturer, Am2Pat, Inc. which targeted only one lot of the pre-filled heparin syringes that were contaminated with Serratia marcescens bacteria. The FDA has since broadened the recall after receiving reports of additional infections linked to Sierra's pre-filled saline syringes as well.

State health departments have been notified by the CDC that Am2Pat intends to extend the recall of its prefilled heparin and saline flush syringes to encompass all distributed lots of these products because of concerns these syringes may be contaminated with the gram-negative bacteria, Serratia marcescens.

These syringes were manufactured by Am2Pat and may be labeled as: Am2Pat, Sierra Pre-filled, or B. Braun. All of these products will bear the National Drug Code or NDC prefix of: 64054.

These products have been distributed to in-patient and out-patient facilities and directly to patients by home-care companies such as Maryland based Caremax Medical resources, LLC.

In a seperate notice, heparin products manufactured by Baxter were also recalled due to contamination.

Anyone having questions regarding the manufacturer of prefilled syringes they are using should call the distributor company that provided the syringes.

Continue reading "Florida Residents Affected: Expanded Recall Alert for Contaminated AM2PT, Sierra Pre-Filled and B. Braun Pre-Filled Heparin and Saline Flush Syringes" »

Posted by James Hannon, Esq. | Permalink | Email This Post

Posted In: Brain Damage , Catastrophic Injuries , Coma , Dangerous or Defective Products , Dangerous/Defective Drugs , Death , Defective Pharmaceutical Products , Florida Wrongful Death , Infection , Pharmaceutical Defects , Recalled Heparin Syringes

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