Florida Injury Lawyer Blog

Miami, Florida - Drowning is the number one cause of death among children in Miami-Dade County. With Summer approaching, more children will be in or near swimming pools, at beaches, water parks and lakes. This increased exposure to water coincides with an increase in the number of drownings. For this reason, it is extremely important that children are taught about water safety.

The Miami-Dade Fire Department has responded to 199 drownings since January 2007. Most of those involved children under 16 years old and 32% involved children under 5 years old. In Miami, most drowning incidents occur between 11:00am and 6:00pm peaking between 3:00pm and 4:00pm. The majority of Miami drownings and near drownings occur in the Summer months from May through August. MDFR has already responded to 11 drowning incidents just since January of 2009.

Miami-Dade Fire Rescue has prepared the following list of Summer Safety Tips to help keep our children safe:

• Always think of the ocean, lakes and your pool as dangerous places.
• Always directly supervise children when they are in a pool or around any body of water. Young children can drown in just a few inches of standing water. Bathtubs and large buckets also pose a threat. Most childhood drownings occur without an adult immediately present.
• Keep a phone at poolside so you don’t have to leave the kids to answer the phone and so you can call 9-1-1 immediately in case of an emergency.
• Never assume that swimming lessons or flotation devices can completely protect a child from drowning. Don’t have a false sense of security!
• Install alarms on all doors that lead into a pool area so you will know if a door to the pool has been opened.
• Secure long hair to the head, braid it, or cover it with a cap. Long hair can get suctioned into defective pool drains and vacuum lines.
• Make sure that all family members learn how to swim and what to do if they see someone in trouble in the water.
• Have your family members learn CPR. Drowning victims have a better chance of surviving if they get assistance right away.
• Know and comply with the Florida and Miami-Dade County statutes for pool fencing and pool safety. Pool fencing has been proven to save the lives of many children.

Continue reading "Miami - Drowning Is #1 Cause of Death Among Children" »

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

Posted In: Accidental Drownings , Anoxic Brain Damage , Brain Damage , Dangerous Swimming Pools , Defective Swimming Pools , Hypoxic Brain Damage , Near Drowning , Wrongful Death

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Miami, Florida - Officials from Miami-Dade County's Health Department have launched an investigation to determine the cause of death of two infants who died on consecutive days at Miami Children's Hospital. The infants died in the hospital's neonatal intensive care unit.

Fermin Leguen, the medical executive director of the Health Department acknowledged that it is very unusual for two infants to die on consecutive days in the same hospital because of an infection.

Vincent Conte, a senior physician from the epidemiology and disease control unit said he was contacted by the hospital on Monday morning and notified that "two babies had died from what they assumed was some sort of infection and that another infant was ill." Conte said the third baby who was infected with the bacteria is improving but is still facing a number of other medical problems.

The hospital released the following statement on Wednesday:
``The hospital extends deepest sympathy to the families of the babies. We have taken all appropriate precautions to protect the health and safety of our patients and families. We continue to examine this matter in detail. At this time, the results of our examination are inconclusive. Due to privacy laws we are unable to give specific patient information.''

We trust our hospitals to care for the most vulnerable in our population and there is no more vulnerable segment of our population than premature infants in a hospital's neonatal intensive care unit. When hospitals fail to take reasonable precautions to protect these fragile patients, they are negligent and the harm which results can be devastating to families.

Continue reading "Miami, Florida - Two Infants Dead at Miami Children's Hospital" »

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

Posted In: Medical Malpractice , Wrongful Death

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Miami Beach, Florida - Mario Reyes, 59, was killed Saturday while crossing the street when he was hit by a Bentley driven by NFL wide receiver, Donte Stallworth.

Initial reports indicate that Stallworth may have been driving while under the influence of alcohol at the time although blood alcohol test results have not yet been released.

Reyes was described by his brother-in-law, Francisco Fajardo as a family man who spent all of his free time with his wife of almost twenty years, Catalina and their fifteen year old daughter, Daniela.

Renier Calana, who worked with Reyes unloading cargo containers at the Port of Miami for Bernuth Agencies, a shipping company, told reporters that Reyes was going to the bus stop.

Stallworth signed a $35 million contract with the Cleveland Browns before last season and was scheduled to receive a $4,750,000 signing bonus on Friday.

While no amount of money can ever replace a husband or father, Florida's wrongful death statute provides an avenue for Mr. Reyes' family to recover monetary compensation which can help family members pay for the funereal and cope with the lost household income.

Continue reading "Miami Beach - Mario Reyes Killed When Struck By Bentley" »

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

Posted In: Car Accidents , Drunk Driving Accidents , Transportation Accidents , Wrongful Death

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Nationwide Salmonella Outbreak - An investigation of peanut butter and its link to a nationwide outbreak of salmonella has expanded with the Kellogg Co. (K) voluntarily recalling sixteen of its products and federal officials confirming salmonella contamination at a facility in Georgia that ships peanut products to 85 different food companies.

Earlier this week Kellogg asked retailers to remove some of its Keebler crackers from store shelves as a precaution. However, in a statement released late Friday, the company announced that it was voluntarily recalling the crackers and other products in light of the problems in Georgia.

The salmonella outbreak has made hundreds of people in 43 states sick and killed at least six.

Kellogg's president and CEO, David Mackay said "the actions we are taking today are in keeping with our more than 100-year commitment to providing consumers with safe, high-quality products. We apologize for this unfortunate situation.''

Included in the recall are Austin and Keebler branded Peanut Butter Sandwich Crackers, as well as some snack-size packs of Famous Amos Peanut Butter Cookies and Keebler Soft Batch Homestyle Peanut Butter Cookies.

Consumers are advised not to eat any of the products in question and to contact a doctor if they have any symptoms. The tainted products should be carefully disposed of to avoid the risk of homeless people finding and eating them.

According to the FDA, new cases are still being reported.

Although some brands have been linked to the outbreak, the FDA says the investigation is ongoing and more products may yet be recalled.

The investigation includes baked goods and other products that contain peanuts and are sold directly to consumers in addition to peanut butter. According to health officials, approximately one-third of the people who got sick had no recollection of eating peanut butter.

''The focus is on peanut butter and a wide array of products that might have peanut butter in them,'' said Dr. Robert Tauxe, director of the foodborne illness division at the Centers for Disease Control and Prevention.

Officials said they are focusing not only on peanut butter, but also on peanut paste produced at a Peanut Corp. of America facility in Blakely, Ga. The inclusion of peanut paste is significant as it can be used in numerous products.

Six deaths have been linked to the outbreak by health officials in Minnesota, Virginia, Idaho and North Carolina. The exact cause of death in each case had not been determined, however, each person had salmonella when they died.

According to the CDC, typhimurium , the bacteria involved in the outbreak, is fairly common and not an unusually dangerous strain. The elderly and those with weakened immune systems are at higher risk though.

Common symptoms of salmonella include diarrhea, fever and abdominal cramps.

Continue reading "Nationwide salmonella Outbreak - Peanut Butter Recall Includes Keebler And Famous Amos Cookies" »

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

Posted In: Dangerous or Defective Products , Wrongful Death

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Miami, Florida - A Miami Beach aviation accident involving a Chalk's seaplane three years ago has spawned New York and Miami, Florida product liability lawsuits. Two such lawsuits were recently filed against the manufacturer of the seaplane alleging that the Grumman Turbo Mallard seaplane was defective.

Chalk's Ocean Airways, the former seaplane airline, and its insurance company, AIG have both sued the manufacturer of the aircraft, alleging that it's design was dangerous and defective, causing the airplane crash that killed 20 people including the crew.

The federal court lawsuits in Miami and New York, claim that the 58-year-old seaplane manufactured by Grumman -- now Northrop Grumman -- was ``not adequately designed for its intended purpose.''

Chalk's attorneys claim that the airline was forced to go out of business by the defective nature of this airplane.

A spokesperson for Northrop Grumman, the Los Angeles based manufacturer, refused to comment on the lawsuits.

The Chalk's seaplane caught fire and crashed into the water off Miami Beach on Dec. 19, 2005. The flight was bound for Bimini, a small island in the Bahamas.

In May 2007, the National Transportation Safety Board investigation determined that the plane crash was caused by the separation of the plane's right wing. It also found that Chalk's deficient maintenance program was also a contributing cause of the crash.

Chalk's owner claims that the the cracks were caused by the plane's defective design and had nothing to do with it's maintenance program. The suit papers allege a manufacturing defect with the rivets where the wing separated from the fuselage and that they were in an area that is enclosed and cannot be inspected.

AIG paid $50 million in damages to the survivors of the crash victims. It filed a separate lawsuit against Northrop Grumman for subrogation essentially seeking reimbursement of the money it had to pay out.

In December 2005, the Federal Aviation Administration grounded all Grumman G-73 aircraft still registered in the United States until a determination could be made that the airframes were structurally sound.

No other commercial operators were still using these seaplanes. The last Mallard seaplanes were manufactured in 1951.

Chalk's never had a fatal accident before the crash in 2005.

Continue reading "Miami, Florida - Product Liability Lawsuits Filed Against Seaplane Manufacturer " »

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

Posted In: Airplane Crashes , Dangerous or Defective Products , Defective Airplanes , Transportation Accidents , Wrongful Death

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Broward County, Florida - A Broward County truck accident claimed the life of a Palm Beach County Fire Rescue lieutenant Saturday evening.

Forty-three year old Tony Falzarano of Plantation was killed when his 2008 Mini Cooper collided with a tractor-trailer on the Sawgrass Expressway according to FHP.

Falzarano was a rescue lieutenant with Palm Beach County Fire-Rescue.

The fatal truck accident occurred just after 7 p.m. Saturday in the northbound lanes of the Sawgrass Expressway just south of Atlantic Boulevard.

According to the Florida Highway Patrol, the truck, had pulled over onto the shoulder because of a blown tire. The truck driver, 38 year old Ricardo A. Duran Parra, of Loxahatchee called his supervisor and was told to drive the truck to the Atlantic Boulevard exit and wait there.

Duran Parra told investigators that he checked for traffic and pulled back into the right lane. He said he didn't see the Mini Cooper, and ''all he felt was the impact upon traveling in the right lane,'' FHP said.

The front of the Mini Cooper collided with the left rear of the tractor-trailer. Falzarano's injuries proved to be fatal.

Falzarano had worked for fire-rescue for approximately 9 years, most recently as a rescue truck supervisor, according to Palm Beach County fire-rescue Captain Don DeLucia.

There were no witnesses to the crash.

Continue reading "Palm Beach County Fire Rescue Lieutenant Killed In Truck Accident On Sawgrass Expwy." »

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

Posted In: Car Accidents , Transportation Accidents , Truck Accidents , Wrongful Death

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Broward County, Florida - A mid-air collision of two flight school planes Saturday above the Florida Everglades left four people dead.

Investigators resumed their search for the bodies of the four people who were killed when the two aircraft collided over the Everglades in West Broward.

The aircraft, a single-engine Cessna and a twin-engine Piper, slammed into each other Saturday afternoon in an area where South Florida flight instructors regularly take students to practice.

Among those killed in the aviation accident were Stuart Brown, a flight instructor, Bryan Sax, of Colorado, and Edson Jefferson, a pilot from Miramar.

The fourth victim has not yet been identified.

The Cessna took off from North Perry Airport in Pembroke Pines and the Piper took off from Fort Lauderdale-Hollywood International Airport.

''From what I understand, radar shows the two air-crafts merging,'' Eric Alleyne, an aviation safety inspector with the National Transportation Safety Board, said of the midair collision. ``Right now we need to get the aircraft out and see what we are actually dealing with.''

The radar data will be important in figuring out what caused the plane crash.

Police used air-boats to reach the crash site.

Police had not released the identity of the victims, but three were identified by friends and relatives.

25 year old Brown, a flight instructor from Pembroke Pines and his student, 30 year old Jefferson from Miramar were on board the Cessna.

37 year old Sax of Aspen Colorado, the student and one unidentified person believed to be a flight instructor with Airline Transport Professionals Corp. of Wilmington, Del. were on board the Piper.

One relative was understandably upset.

''We just want rescuers to get the bodies out of that swamp as soon as possible; that's our main concern now,'' said Brown's aunt Sharon Burton-Lofton of New York.

Meg Fensome, vice president of the Pelican Flight Training Center at North Perry Airport, confirmed that Brown was the instructor killed along with a student aboard the school's Cessna.

She declined to release any more information for now.

Continue reading "Florida Everglades Plane Crash Kills 4" »

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

Posted In: Airplane Crashes , Dangerous or Defective Products , Transportation Accidents , Wrongful Death

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Miami, Florida - Traffic homicide detectives from the Miami-Dade Police Department are investigating a hit-and-run accident that occurred early Saturday morning and left a passenger dead and the driver in serious condition.

The Miami car accident happened around 2:00 a.m. The two victims were east bound on Southwest 42nd Street near 132nd Avenue when their car was hit by another vehicle and then slammed into a tree.

The passenger was killed instantly. The driver was air-lifted to Ryder Trauma Center at Jackson Memorial Hospital in Miami.

Police are searching for the driver of the other vehicle which was described as a silver Suzuki sedan or sport utility vehicle. Anyone who has information regarding this crash is urged to call Miami-Dade Crime Stoppers at 305-471-8477.

Continue reading "Miami-Dade Hit-And-Run Leaves One Dead And One Seriously Injured" »

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

Posted In: Car Accidents , Transportation Accidents , Wrongful Death

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Omaha, Nebraska - A outbreak of gun violence has focused attention on ATM security concerns. In a five day period, there were five shooting deaths.

It began with a robbery attempt at an ATM on a recent Wednesday night. Crime victim, Charles Denton, 21, of Omaha was shot after using an ATM near 50th and Underwood.

ATM’s do have some safety features. Mirrors allow for customers to see behind them, and many have cameras recording the activity at the machine.

Denton’s Mother says the location of the ATM is a problem and thinks it should be removed.

Other who have used that ATM are also uncomfortable because you have to leave your car to get your cash.

Dena Dubas of Omaha said “I kind of look around before I get out and come to it. I prefer drive-up ones so you don’t have to get out of it. I wouldn’t use it at night, though.”

James Walter feels the same way and said, “I have felt uncomfortable the times I have used it, particularly at night.”

Denton is recovering from his wounds. His mom says he should be ok.

A few minutes after Denton called police, another shooting occurred in the area - this one was fatal. Just a few blocks away, 27-year old Tari Glinsmann was shot and killed in the parking lot of the convenience store on 52nd and Leavenworth where she was an employee.

Omaha Police advise everyone to be aware of their surroundings when moving about the city.

Continue reading "Shooting Raises Concerns Over ATM's Location" »

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

Posted In: Crime Victims Compensation Fund , Crime Victims' Rights , Inadequate Security , Premises Liability

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Miramar, Florida - A Broward County car accident left a thirty-six-year old woman dead and her baby seriously injured when the two vehicles involved in the crash collided in the intersection of Pembroke Road and University Drive and then rolled over early Friday morning, officials said.

According to Capt. Jeff Levine, a Miramar police spokesman, the woman, Nayfy Gutierrez, was a Pembroke Pines resident and her husband resides in Peru.

The crash, which involved Gutierrez's Mazda and a Ford truck, occurred after one of the vehicles ran a red light, Levine said. Police are still investigating and have not determined which driver was at fault.

''We have conflicting stories about which person ran the red light,'' Levine said.

Gutierrez was pronounced dead on the scene. The driver of the Ford truck whose identity has not been released and the child, a 1-year-old, were both transported to Memorial Regional Hospital in Hollywood, according to Pembroke Pines Fire Rescue officials.

Police said the Mazda was north bound on University Drive and the four-door Ford truck was east bound on Pembroke Road when they collided in the intersection.

Investigators are currently speaking to witnesses.

Continue reading "Miramar, Florida - Car Crash Leaves Woman Dead And Her Baby Injured" »

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

Posted In: Car Accidents , Transportation Accidents , Wrongful Death

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Broward County, Florida - One woman was injured in a South Florida apartment building fire Monday morning. The fire killed several of her kittens and caused serious damage to seven units in a Hallandale Beach apartment building Monday morning.

Hallandale Beach Fire Rescue Fire Rescue transported the female resident of the apartment building to Memorial Regional Hospital for emergency medical treatment.

The fire began around 10:30am inside apartment #4. Thirteen residents were displaced and it took at least six fire trucks to put out the inferno, which was extinguished after about an hour.

According to neighbors, the injured woman is a 54 year old waitress at Oceans 11. Her neighbor, Emilio Gomez, was the one who pulled her out of her apartment.

Fire Department officials are investigating the cause of the fire.

Continue reading "Woman Injured In Hallandale Beach Apartment Fire" »

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

Posted In: Burn Injury , Premises Liability

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Gainesville, Florida - Three people were killed in a Florida airplane crash early Friday morning at the edge of the Gainesville Regional Airport. The victims were identified as Key West residents, one of whom was on his way to Shands Hospital at the University of Florida for a transplant.

According to Gainesville police, the pilot, Andrew Ricciuti, 43 was a former Navy pilot who has been flying planes for twenty years.

The two passengers were also identified. Gordon Bennett Taylor, 51, and his wife, Barbara Taylor, 52 were killed in the crash. Their daughter is a student at the University of Florida in Gainesville.

The airplane was a Parntenavia P.68 which was registered to Robert Valle of St. Croix. Valle said Gordon Taylor was a kidney-transplant patient en route to Gainesville. He was scheduled to have surgery on Friday at Shands Hospital.

According to Federal Aviation Administration (FAA) officials, the aircraft was cleared for approach to the Gainesville airport by air traffic controllers in Jacksonville at around 2:45 am.

Gainesville police received a phone call from officials in Jacksonville at approximately 5:16am on Friday advising them that they had lost contact with a six-passenger airplane in the Gainesville area.

It was not immediately known why there was a 2-1/2 hour delay after the time the plane was cleared for approach before local law enforcement was contacted. National Transportation Safety Board (NTSB) investigators were in Gainesville investigating the cause of this Florida aviation accident.

This is the first airplane crash at the airport in three years.

The NTSB investigation continues.

Continue reading "Airplane Crash Kills Three In Gainesville, Florida" »

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

Posted In: Airplane Crashes , Transportation Accidents , Wrongful Death

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