Premises Liability

$500K West Palm Beach Slip and Fall Verdict Awarded in Lawsuit Against Lake Worth Lawsuit Against CVS

January 24, 2011 | by David J. Halberg, Esq.

Every year, hundreds of thousands of people are injured in slip and fall injuries-a type of accident that might sound harmless enough but can result in painfully and debilitating injuries that can take months to recover from. Surgery, rehabilitation, and time off work can take a physical, emotional, and financial toll. Fortunately, Florida law allows victims and their families to seek personal injury recovery from the liable parties.

Recently, a jury awarded Todd Flemke $500,000 for his West Palm Beach slip and fall injuries that he sustained at a CVS Pharmacy. Flemke contends that he slipped and fell over a plug in a CVS store.

In his Lake Worth, Florida personal injury complaint, Flemke claims that the pharmacy failed to put up warning signs to let them know that cleaning was taking place in the aisle where the slip and fall accident occurred even though underwritten policy calls for caution signs. Flemke had to undergo back surgery after he developed herniated discs from the West Palm Beach fall accident.

Miami-Dade County Carbon Monoxide Poisoning Accident in Hialeah Hotel Room Kills 5 Teenagers

December 28, 2010 | by David J. Halberg, Esq.

A birthday celebration recently turned deadly when a Hialeah carbon monoxide poisoning incident claimed the lives of five teenagers. The deceased include Miami residents Juchen C. Marctial, 19, Evans Charles, also, 19, Jean Pierre Ferdinand, 16, and Jonas Antenor and Peterson Nazon, both 17.

The teens had reportedly gotten together on Sunday night to for Marctial’s birthday. The following afternoon, a maid found their bodies inside a room at the Hotel Presidente. All of them were in their street clothes.

Fire tests show that there was a high concentration of carbon monoxide in the room, which is above a private garage where the victims had left a car running. The door going from the garage to the room was left slightly ajar. According to friends of the teens, the vehicle had a troublesome starter.

Investigators are trying to determine whether the garage or motel room had operating carbon monoxide detectors. Since 2007, Florida has required that motel and hotel boiler rooms have gas detectors and that all apartments and residences constructed after July 1, 2008 that include an attached garage, a fireplace, or a heater have an alarm within 10 feet of bedrooms.

Carbon Monoxide Facts
This deadly gas, called the silent killer, is odorless, colorless, and invisible. Symptoms can include confusion, chest pain, dizziness, headaches, vomiting, weakness, and nausea.

The U.S. Centers for Disease Control and Prevention says that over 400 people die in the US each year from CO poisoning. This type of injury lands over 20,000 people in the ER annually and over 4,000 are hospitalized.

Premise owners and the manufacturers of products that malfunction can be held liable for Miami personal injury or wrongful death if a hazard on the property and/or a product that malfunctions causes CO poisoning.

Carbon monoxide poisoning suspected in 5 teens’ deaths, Miami Herald, December 27, 2010
Carbon Monoxide May Be Greater Threat in Winter, US News, December 27, 2010
5 found dead in Florida motel room, CNN, December 28, 2010

Related Web Resources:
Carbon Monoxide Poisoning, Centers for Disease Control and Prevention
Protect Your Family and Yourself from Carbon Monoxide Poisoning, Environmental Protection Agency Continue reading

West Palm Beach Injury Lawsuit Filed in 13-Year-Old’s School Beating

December 3, 2010 | by David J. Halberg, Esq.

The parents of 13-year-old Joshua Poole have filed a West Palm Beach Florida injuries to a minor lawsuit against the Palm Beach County school district. Poole, a Jeaga Middle School student, says he was beaten during math class last month. A classmate recorded the fight on a cell phone.

In the cell phone footage, Poole’s classmate is shown approaching him at his desk. Thompson then proceeds to punch him for several seconds. The boys fall to the floor. The footage doesn’t show a teacher coming to intervene.

Poole says the attack lasted about 15 minutes and that he was beaten for about 7 minutes. His father, Clarence Poole, says that his son has been the target of bullying for some time now and that they had gone to the school three times to complain.

Florida Ride Injures Four People

November 5, 2009 | by David J. Halberg, Esq.

An accident at the Pensacola Interstate Fair injured four people when a piece of metal from a ride. The accident occurred around 2:30pm, and the Tidal Wave was shut down. It was the last day of the fair, which began on October 22.

Despite the accident, many fair-goers continued waiting in line for rides and enjoying the last day of the festivities.

The scope of their injuries and the identities of those injured at the fair were not disclosed, but the accident will be investigated thoroughly. The Bureau of Fair Rides, a division of the Florida Department of Agriculture, holds the responsibility of inspecting fair rides throughout the state of Florida.

Four hurt on fair ride, PNJ.com, November 1, 2009 Continue reading

Florida Family Sues Miami-Dade School District for Daughter’s Wrongful Death

October 16, 2008 | by David J. Halberg, Esq.

The Florida parents of Pateesha Clinch, a 12-year-old girl who died while roughhousing with friends at Westview Middle School in September 2007, is suing the Miami-Dade school district for her wrongful death. According to students at the school, the 6th grader struck her head on the side of classroom wall when she fell.

Fire-rescue units that arrived at the scene found Clinch unconscious. She was pronounced dead at Jackson Memorial Hospital North. The medical examiner’s office says that Pateesha’s body showed no observable trauma. Autopsy results indicate that because of a rare, undetected heart condition, she may have gone into sudden cardiac death.

Pateesha’s parents, Daryl and Meka, are accusing the school district of negligence. The couple say that the fall contributed to her death, regardless of whether she had a preexisting heart condition. The couple’s personal injury lawyer said that teachers and security monitors at the school knew that the students liked to roughhouse in between classes and should have been properly supervising them.

Slip, Trip, and Fall Accidents on Ft. Lauderdale Sidewalks Can Be Costly for Local Taxpayers

July 15, 2008 | by David J. Halberg, Esq.

A review of lawsuit settlements over the last 4 ½ years by the South Florida Sun-Sentinel found that injury accidents often occur from people falling on Ft. Lauderdale’s older sidewalks. Although city officials have been able to contest many of the lawsuits, taxpayers have had to pay over $680,000 for the cases that the city has had to settle.

There were 35 personal injury lawsuits involving sidewalk accidents in Ft. Lauderdale in 2007. The newspaper’s review shows that the average lawsuit settlement for these cases runs at around $45,350.

Deterioration is an ongoing problem in Florida, which is one of the oldest cities in Broward County. Records show that even the slightest imperfection in a piece of concrete can cause serious injury. Ft. Lauderdale city officials are meeting this week to determine how much needs to be spent over the next several years to repair the sidewalks. The average sidewalk repair can cost around $800.

Florida Widow Sues Lawn Service Company for Wrongful Death

June 20, 2008 | by David J. Halberg, Esq.

A woman in Florida is suing the lawn care company that employed her deceased husband for his wrongful death. Tomasa Castro says that Tom Mahoney Ultimate Lawn Service acted negligently when the owner, Tom Mahoney, told her husband, Jose Carillo, to mow the lawn next to a deep lake in a residential area. Carillo did not know how to swim, and the lawsuit alleges that Mahoney was aware of this fact.

According to the wrongful death lawsuit, Mahoney neglected to train Carillo on how to safely use a riding lawn mower next to a body of water. Mahoney also allegedly failed to give Carillo the proper safety equipment, such as a life jacket, in the event of an accident.

The Collier County Sheriff’s Office says that Mahoney discovered Carillo’s hat in the water and dove into the lake, where he discovered Carillo’s body about 10 feet from shore. Carillo was pronounced dead at the accident scene.

While workers’ compensation usually prevents an employee or his or her family from suing an employer for injuries (or death) that occurred while on the job, Mahoney did not provide Carillo, who had worked for the lawn company for several years, with workers’ compensation.

Also named in the Florida wrongful death lawsuit is Scott Jensen, the owner of the property where the drowning accident occurred. The lawsuit accuses Jensen of failing to post a warning that the water depth was deceptive, the bottom of the lake was unstable, and there were currents in the water.

Carillo left behind four young children. Castro is suing for funeral costs, pain and suffering, mental trauma, lost wages, loss of future earnings, and loss of support, companionship, guidance, and protection for the children.

Drowning Accidents
Property owners that have a pool, a lake, a hot tub, or another body of water on their premises are supposed to make sure that the proper safety measures are in place to prevent accidental drowning deaths.

Common causes of drowning accidents that can be grounds for a premises liability or wrongful death lawsuit include, inadequate supervision, defective pool or faulty hot tub parts (such as a defective drain), failure to secure the body of water from children when they are unsupervised, and failure to post appropriate warning signs.

Please contact our South Florida law firm to discuss your wrongful death case.

Widow Sues Florida Lawn-Care Company Over Drowning, Lawn & Landscape, June 16, 2008
Landscape employee drowns in East Naples lake, Naples.com, June 2, 2006

Related Web Resources:

Florida Wrongful Death Statute

Division of Workers’ Compensation
Continue reading

Florida Woman Sues National Audubon Society After Slip and Fall Accident in Naples Sanctuary

June 17, 2008 | by David J. Halberg, Esq.

In Florida, Estero resident Patricia Nicola is suing the National Audubon Society for injuries she suffered during a slip and fall accident at Corkscrew Swamp Sanctuary in Naples.

Nicola says she slipped after stepping on mud or brown feces that was on a damp boardwalk while taking pictures of nature on December 8, 2007. She hurt her right shoulder after skidding several feet and falling.

Nicola alleges that the National Audubon Society should have cleaned the boardwalk to make sure that it was safe for walking. She also claims that the boardwalk should have been maintained with a skid-resistant surface and warning signs should have warned people of the slippery conditions.

Nicola is seeking compensation for pain and suffering, disfigurement, significant and permanent loss of a key bodily function, medical costs, related bills, loss of capacity for enjoyment of life, lost wages, and aggravation of a previously preexisting condition.

Her Florida slip and fall lawsuit alleges that the National Audubon Society either knew or should have known about the unsafe condition and owed visitors a duty of care to reasonably maintain, inspect, repair, and operate the sanctuary and warn of any potential hazards.

Slip and Fall Accidents
A common kind of premises liability accident, slip and fall injuries are often painful and costly for the injured person. A slip and fall condition results when a person slips or trips on liquid or debris on the ground, or because of another unsafe condition, and falls. Common kinds of slip and fall injuries include broken bones, dislocated hips, back injuries, spinal cord injuries, and traumatic brain injuries.

Poorly lit hallways, broken steps, uneven flooring, and wet or greasy floors, and steep staircases without handrails, are some scenarios where slip and fall accidents have been known to happen.

In South Florida, one of our slip and fall accident attorneys can meet with you during a free consultation to discuss your legal options.

Slip-and-fall suit says woman felled by bird poop on Corkscrew boardwalk, Naplesdailynews.com, June 14, 2008

Premises Liability, Justia

Related Web Resources:

Corkscrew Swamp Sanctuary,

National Audubon Society
Continue reading

Violent Crimes at South Florida Malls Highlights Need for Adequate Security

May 30, 2008 | by David J. Halberg, Esq.

The South Florida Sun-Sentinel has issued the following findings regarding crimes at South Florida malls.

From 2003 through 2007:

• There were over 22,000 reported crimes at 13 shopping malls in Miami-Dade County, Palm Beach County, and Broward County.
• 508 of these crimes were violent crimes.
• A suspect is not apprehended or identified in 75% of all violent shopping mall crime cases.
• In four out of five violent crime incidents at South Florida shopping malls, there were no security cameras or the equipment was broken or did not capture any helpful footage.
• Most shopping mall crimes occur during the day.
• Women are more likely to be targeted for robberies than men.
• The most common places for shopping mall crimes to happen are in mall garages and parking lots.
• Security is usually better in the mall than in the parking areas.
• The most common crimes are car thefts and shoplifting, including purse snatching.
• Mall robbers frequently work in teams.

Former Town Center mall security head Michele Poling says that many shopping mall companies do not properly staff their parking lots. Many mall security members don’t carry weapons and are trained to call police in the event that a crime occurs.

Premises Liability
Shopping mall owners and managers are supposed to ensure that all the proper safety and security measures are in place to prevent store patrons and employees from becoming victims of property crimes or violent crimes. When failure to implement these measures results in rape, murder, robbery, kidnapping, assault, gunshot injuries, and other serious crimes, the shopping mall owner, the security company, and others can be held liable through inadequate security lawsuits if their negligence allowed the crimes to happen.

Throughout South Florida, our Port St. Lucie, West Palm Beach, and Miami premises liability lawyers can help you explore your legal options. We represent clients that were seriously injured because a property owner allowed an unsafe condition to exist on a premise.

Crime can strike fast at South Florida malls, TCPalm.com, May 20, 2008
NBC 6 Analysis Finds Which S. Fla. Malls Are Safer Than Others, NBC6.com, April 30, 2008

Related Web Resources:

Inadequate Security News, Justia.com
Mall security must become priority in South Florida, Sun-Sentinel.com, May 22, 2008 Continue reading

Port St. Lucie, Florida Man Sues Jensen Beach McDonald’s For Premises Liability-Related Shooting That Resulted in Traumatic Brain Injury

May 22, 2008 | by David J. Halberg, Esq.

John Mario, a Port St. Lucie, Florida man who suffered a traumatic brain injury after being shot in the head during a robbery in the parking lot of a McDonald’s restaurant in Jensen Beach, is suing the fast food company for personal injury. He filed his lawsuit last week in Marion County Circuit Court.

Mario alleges that McDonald’s failed to provide adequate security to restaurant patrons. He was eating in his truck in the parking lot on January 6, 2006 when Quentin Alexander Bradley, 19, tried to rob him. The Fort Pierce resident was armed.

Police reports indicate that the two men struggled and the gun went off. Mario sustained a serious traumatic brain injury. He can no longer work and his motor and speech skills are impaired.

Mario and his wife are demanding damages because they allege that McDonalds knew that their restaurant was located in a high crime area and should have done more to ensure that patrons were protected while on the premise.

Bradley was convicted to life in prison after pleading no contest to attempted murder, and burglary, and robbery charges.

Premises Liability Accidents
Property owners and managers in Florida are legally obligated to make sure that patrons, visitors, residents, and workers are safe from harm. Failure to exercise this duty of care and eliminate any potentially hazardous conditions can lead to serious injuries and wrongful death.

Common kinds of premises liability accidents include, slip and fall accidents (a hazardous condition on the property causes a victim to slip/trip and fall and get seriously hurt), inadequate security (failure to implement the proper safety measures to prevent crimes from occurring to victims), and falling merchandise (failure to secure objects, furniture, inventory, and other items so that people aren’t injured by falling objects).

If you or someone you love was seriously injured in an accident in Port St. Lucie or any other city in South Florida that was caused by another party’s negligence or carelessness, contact one of our South Florida personal injury attorneys in Miami, West Palm Beach, and Pt. St. Lucie, Florida.

Shooting victim sues Jensen Beach McDonald’s; seeks trial, TCPalm.com, May 14, 2008

Related Web Resources:

Jensen Beach man who aided prosecutors gets harsher sentence than robbery accomplice

Traumatic Brain Injuries, National Institute of Neurological Disorders and Stroke Continue reading