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A survivor of a brutal rape and beating recently prevailed in her South Florida sexual assault lawsuit against the Miami hotel where the attack occurred and its security company, settling for $16 million for their failure to protect her.Florida hotel sexual assault lawyer

According to Local 10 News, 67-year-old woman, a tourist who was staying at the hotel with her husband last July, was beaten, strangled, choked, and forced to perform oral sex on her 22-year-old attacker in a vicious assault that took place in an open hallway and elevator. (The husband, also, was apparently beaten, pushed to the ground, and bitten by the man.) Despite her repeated screams and cries, none of the hotel staffers intervened. The man then reportedly tried to rape the woman, but was finally stopped when Miami-Dade police officers arrived on scene and arrested him. The attack left the victim with life-threatening injuries, including brain bleeding, collapsed lungs, broken ribs, and traumatic brain injury. After she was discovered, she was rushed to the hospital, where she underwent an 8-hour surgery to save her life.

The alleged attacker is still facing charges of sexual battery, felony battery, assault, and kidnapping.

As our South Florida sexual assault lawyers understand, the investigation into the liability of both the hotel and the security company revealed fairly damning evidence. The beating and sexual assault reportedly took place in the middle of an open hallway for 10 full minutes.

Although the hotel and security company deny any wrongdoing, the latter agreed to settle her claims for $5 million and the former for $11 million, respectively. In the aftermath of the incident, both the hotel and the security company have made improvements to security policy and procedure.

How Can a Hotel or Other Third Parties be Liable for Rape?

It’s not clear from news reports whether the attacker was a guest at the hotel, an employee, or a trespasser. There likely is no evidence that the third-party defendants (hotel and security company) had any prior knowledge of the defendant’s intent or intentionally helped him to carry out his alleged crimes. So how is that they can be held legally responsible? Continue reading

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The parameters of qualified medical experts in Florida medical malpractice lawsuits will be weighed by the Florida Supreme Court. Justices recently allowed the Florida Medical Association, American Medical Association, and Hospital Medical Association to file briefs in the case supporting the hospital defendant. medical malpractice lawyer Palm Beach

As our Palm Beach medical malpractice lawyers can explain, the court’s ruling on this issue could have far-reaching implications because it will determine the criteria for doctors who provide expert opinions, which are required at the very outset of every Florida medical malpractice lawsuit.

The case, University of Florida and Shands Hospital v. Carmondy, involves a plaintiff who filed a medical malpractice lawsuit due to an infection she suffered after undergoing cervical disc fusion surgery in 2016. Her negligence claims were against a neurosurgeon and an advanced registered nurse practitioner. Her petition included affidavits from a physician who practiced internal medicine and cardiology, and who previously had worked as a hospital specialist.

These cases cannot move past the initial phase unless the plaintiff submits affidavits from a doctor or doctors who are experts on par with the defendant who are of the opinion that the defendant breached the accepted standard of care for their profession. An accepted standard of care is not a simple question to answer. Much depends not only on the education, training, and specialty of that medical professional, but also what type of facility they practiced in and in what region. A highly specialized neurosurgeon working in a top hospital in an urban city with ample resources will be held to a different standard than someone of the same educational and training background, but with fewer resources. Continue reading

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Electric scooters, or e-scooters, have become increasingly popular throughout South Florida, where they were legalized statewide by Gov. Ron DeSantis in 2019. They’re touted in college towns and cities as convenient, cost-effective, and clean. However, as the number of e-scooters has increased, so too have the number of crashes and accidents associated with them.e-scooter injury Florida personal injury lawyer

Data collected from U.S. emergency departments revealed there were nearly 40,000 people hurt nationally while riding e-scooters between 2014 and 2018. Those numbers have only grown along with the pervasiveness of e-scooters. The scooter injury rate in the U.S. rose from 6 per 100,000 to 19 per 100,000, with most injured being between the ages of 18 and 34. Stand up electric scooters have been associated with dozens of deaths over the last few years. The U.S. Consumer Product Safety Commission reports that emergency department visits from e-scooter injuries tripled between 2017 and 2020, the most common injury being to the upper and lower limbs, as well as the head and neck. In Los Angeles, the injury rate for e-scooters has surpassed that of motorcycles (though the injuries overall tend to be somewhat less severe).

Recently in Florida, a South Florida personal injury lawsuit against Bird Rides, an electric scooter rental company, was moved from the state circuit court in Broward County to the federal Florida Southern District Court, citing the foreign status of the company (headquartered in Delaware) and the amount of damages being sought (more than $75,000). Plaintiff in Bronson v. Bird Rides alleges he suffered severe injuries that are permanent or continuing in nature. We don’t know many further details about the alleged incident, other than that the injuries are alleged to have occurred when the plaintiff fell off the scooter he was riding in Palm Beach, and that he claims the injuries were caused by the scooter company’s negligence.

It may be some time before that case is either settled or goes to trial. In the meantime, numerous other e-scooter injury cases have garnered headlines. Among those: Continue reading

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Although many Florida sex abuse lawsuits against churches involve molestation, assault, or abuse of minors, there may be a cause of action in the event of sexual misconduct involving clergy and an adult congregant as well.South Florida sex abuse lawyer

Such cases may be brought because the courts have held that the First Amendment (which protects freedom of religion) does not protect churches from liability for harm to a third party that arises from alleged sexual misconduct by clergy members. The state recognizes that religious institutions and clergy may owe a fiduciary duty to attendees. That includes a duty to adult parishioners as well as minors. A fiduciary duty can arise from personal, moral, or social relations, and liability is not solely dependent on an agreement or contractual relationship. For example, the Florida Supreme Court has held that churches that promote their clergy as qualified marriage counselors owe a fiduciary duty to “counselees” – even if most parishioners don’t actually receive direct counseling from the clergy.

Churches can be liable for sexual misconduct involving clergy and adult parishioners when this fiduciary duty is violated.

The Florida Supreme Court majority opinion wrote in the 2002 case of Malicki, et al v. Doe, “The First Amendment cannot be used at the initial pleading stage to shut the courthouse door to a plaintiff’s claims, which are founded on a religious institution’s alleged negligence arising from the institution’s failure to prevent harm resulting from one of its clergy who sexually assaults and batters a minor or adult parishioner.” A ruling to the contrary, the justices reasoned, would immunize church defendants in such a way that it would place religious institutions in a preferred position over secular institutions – something that would be “both foreign and hostile” to the 1st Amendment. Continue reading

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If you’re thinking about filing a South Florida personal injury lawsuit, chances are you’re also still reeling from the incident. Our West Palm Beach injury lawyers recognize that litigation can seem like a daunting prospect. One of our goals is ensuring prospective clients understand the basics of the personal injury law in Florida, and how that might play out in their case.South Florida personal injury lawyer

Here, we outline five key facts Florida personal injury clients should know.

  1. You may not even have to file a lawsuit. A fair percentage of the time, your lawyer may be able to resolve the matter by filing a personal injury claim directly with the defendant/insurer and negotiating with them. Everyone knows the costs – and risks – associated with going to court. If it’s at all possible to settle the matter out-of-court, that’s usually in everyone’s best interests. A lawsuit really only needs to be filed when the other party is denying any wrongdoing or refuses to pay fair compensation for your losses. Even if you file a lawsuit, cases rarely make it all the way to trial. They’re either dismissed or settled before it gets to that point. (Most cases settle because, as injury lawyers, we work on a contingency fee basis, meaning we aren’t paid unless you win. That gives your lawyer strong incentive to shoot straight about your odds at the outset.) Often, when a case does make it to trial, it’s only one or two issues of contention. Of course, those issues may be substantial and still require significant research, expert analysis, and time, but it’s better where possible to narrow down issues of contention to as few points as possible.
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Liability for Florida amputation injuries may be imputed to negligent doctor/hospital (medical malpractice), property owner who failed to correct an unsafe condition (premises liability), careless motor vehicle driver (auto accident claim), or product manufacturer/distributor who designed/manufactured/sold a defective product (product liability). There could be other liable parties too, depending on the facts of the case. Given the severity of amputation injuries and the extent to which one can impact the rest of your life, it’s imperative to discuss your legal options with an experienced Palm Beach injury lawyer to determine whether you may have grounds for a South Florida injury lawsuit.Florida amputation injury lawyer

Recently, a doctor and urgent care center were ordered to pay $7.6 million in a medical malpractice lawsuit for Florida amputation injuries suffered by a patient whose bacterial infection was initially misdiagnosed as an ankle sprain. According to the Pensacola News Journal, the case involved a retired firefighter, whose right leg had to be amputated after a medical mistake. Specifically, the patient’s leg became infected after he was exposed to contaminated water in the Pensacola Bay. The leg began to ache and turned blue. When the pain worsened, he went to the urgent care center. Blisters began to develop as he waited in the lobby. Despite these symptoms, he was diagnosed with a sprained ankle, given crutches, and instructed to ice and elevate the leg. The following day, the man saw a podiatrist, who immediately recognized what was happening, and correctly diagnosed the patient as battling an aggressive bacterial infection. He was rushed to the hospital and treated with powerful antibiotics. However, by then it was too late, and the leg had to be amputated to save the patient’s life. The urgent care facility and employee doctor denied liability. However, following an eight-day civil trial, jurors awarded plaintiff $6.8 million and his wife $787,000.

Florida Amputation Injury Cases are High Stakes

Amputation is when any piece of limb of the body is severed. They can be part of planned surgeries, but they may also be the result of an accident or medical mistake.

Losing fingers or toes, while seemingly minor, can be traumatic, resulting in unique challenges for the tasks of everyday life. When someone suffers the partial or total loss of a limb, the consequences can be profound. Continue reading

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A fatal Florida parasailing accident involving a vacationer in the Florida Keys has raised questions about the enforceability of liability waivers. Florida parasailing injury lawyer

Liability waivers are standard operating procedure for companies that offer inherently risky excursions and activities, including those that rent out/offer charter boats, parasailing, wakeboarding/tubing, jet skis, scuba diving, sky diving, etc.

But as our Palm Beach injury lawyers can explain, although Florida courts have upheld the viability of these waivers, they aren’t necessarily a catch-all for every scenario. There are situations where a liability waiver can be successfully challenged. This is particularly true when gross negligence is at issue. Gross negligence is a lack of care that is so egregious, it demonstrates reckless disregard for the safety or lives of others. It amounts to a conscious violation of other people’s right to safety.

In the most recent case, a 33-year-old Illinois woman died Memorial Day weekend while parasailing with her two kids. Police reported the boat’s captain cut the cable that tethered the woman and her kids to the boat. They plunged into the water, and then were dragged along the surface until they slammed into a bridge. The mother died and her two kids were injured.

For legal experts specializing in catastrophic injury cases, there is a strong argument to be made that people who do not know how parasails are operated shouldn’t be compelled to sign waivers of liability allowing parasailing companies to profit handsomely from these ventures while evading responsibility for skirting basic safety measures. In terms of legal enforceability, much of it is going to come down to the exact language in the waiver and the details of what happened. There’s also still an open question about whether a parent can waive a child’s rights in a liability waiver.

Are There Florida Parasailing Safety Laws?

There are safety laws in Florida that pertain specifically to parasailing – and they came about after several previous tragedies.

The White-Miskell Act, named after two tourists who died in Florida parasailing accidents, requires: Continue reading

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A bombshell 300-page report detailing two decades of sex abuse and systematic cover-ups within Southern Baptist churches across the country has rocked the faith community. Revelations are that church leadership not only mishandled and suppressed abuse claims, but that they belittled victims and their families and resisted reforms at every turn. Palm Beach sex abuse lawyer

Southern Baptists are the largest national denomination of Protestants in the U.S. The third-party investigation was commissioned by the Southern Baptist Convention (SBC) at the insistence of church members, was made public in late May. (The SBC is not its own church, but rather a network of churches.)

As our Palm Beach sex abuse lawyers can explain, this is far from the first inkling the public has had that such problems were legion. Three years ago, reporters from two Texas newspapers collaborated on an investigation into church sex abuse of children and other vulnerable parishioners. Their report, Abuse of Faith, revealed that some 400 Southern Baptist leaders – top ministers, youth pastors, etc. – had been convicted or pleaded guilty to sex crimes against more than 700 victims over the last 20 years. Top leadership commented at the time that it was “an apocalypse,” far worse and systemic than they imagined it could be.

Immediate response to the latest report from ultraconservative branches of the denomination were relatively quiet. A few regional leaders released brief statements indicating they were “grieving,” but also that they disagreed with certain aspects of the findings. A few individual pastors offered public comment condemning both the abuse and the church’s inaction, calling it all “heartbreaking” and “horrifying.” The current SBC president issued a statement saying there were not adequate words to express his sorrow at the things the report revealed, and vowed there would be changes.

Cases of Sex Abuse Brought to Light

Among the cases of “credible” reports of sexual abuse brought to light: Continue reading

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Is a claim involving a Florida hospital fall one of negligence – or medical malpractice? Florida medical malpractice lawyer

Our West Palm Beach medical malpractice lawyers recognize this as an important distinction because on the one hand, negligence cases have a four-year statute of limitations and a lower proof burden. Most medical malpractice claims, on the other hand, have a two-year statute of limitations and require expert witness testimony at the outset. These elements can make a major difference in whether a claim survives initial hurdles necessary to overcome summary judgment or outright dismissal. Failure at the outset of the case to correctly determine which category the claim falls into can result in its being tossed on procedural grounds before it really gets started, as opposed to being decided on its merits.

That’s precisely what happened in Gorham v. Martin Memorial Health System, a recent case before Florida’s 4th District Court of Appeal.

According to court records, the case involves an elderly woman who died of a fall while she was a patient at a hospital in Martin County, FL. Her adult children brought her to the facility because she was ill. When she arrived at the hospital, she brought her walker, a walking frame device that provides additional support to maintain balance or stability while walking. It’s a common mobility device for the elderly. The complaint indicates hospital staffers refused to allow her to use her own walker. On more than one occasion, she and her children told the nursing staff that she needed a walker for mobility purposes. Yet time and again, she was told either that one would be provided or that it would be “taken care of.” One nurse also assured her children that if she tried to get off the bed, an alarm would sound, summoning care staff.

The night after she was first admitted, the patient fell while attempting to get out of bed to use the restroom. Nursing staff contacted her daughter, informing her of the fall and telling them she had suffered a “slight fracture.”

Several weeks later, an orthopedic surgeon discovered the patient had actually sustained three serious fractures to her pelvis. Shortly thereafter, plaintiff died. Her family, as representatives of her estate, filed a subsequent claim alleging the injuries sustained from her fall were a substantial cause of her death.

Pre-Suit Requirements for Florida Medical Malpractice Claims

Florida law – specifically F.S. 766.104(1) – holds that no action should be filed for personal injury or wrongful death arising out of medical negligence unless the plaintiff’s attorney makes a reasonable investigation (circumstances permitting) and determines there is grounds for a good faith belief of negligent treatment. Continue reading

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Florida motorcycle accidents differ from other types of vehicle crashes for a number of reasons – not the least of which being how civil claim attorneys pursue damages for injuries. motorcycle accident lawyer

In educating motorcyclists and passengers about these differences, our hope is they can make smart choices about insurance coverage – as well as what to do after a Palm Beach motorcycle accident to protect their best interests.

Florida is among the most popular – and deadliest – states for motorcycle enthusiasts. The National Highway Traffic Safety Administration (NHTSA) reports more than 5,000 motorcyclists nationally lost their lives in crashes in a single recent year. Of those, nearly 600 died in Florida. While this is one of the largest states with a rapidly-growing population, that’s not the sole explanation. There are far more motorcycle accidents in Florida than in California or Texas – both of which are bigger and have much larger populations.

How Florida Motorcycle Accidents Are Different Than Other Crashes

In truth, any auto accident has the potential to upend your life. Motorcycle accidents, however, are uniquely hazardous.

In one recent analysis published in the medical journal CMAJ, researchers examined data on 27,000 motorcycle accident patients and 282,000 car accident patients. What they found was the injury rate for those in motorcycle crashes was triple the rate of injury for those in car crashes. Severe injuries were 10 times more likely in motorcycle accidents. The cost of treatment for those involved in motorcycle crashes was double that of car accident survivors.

One explanation for this is that motor vehicle safety has improved substantially over the last two decades. As the NHTSA notes, newer cars are safer cars, with standard three-point seat belts, reengineered air bags (and the addition of side airbags), electronic stability control to reduce spinouts and plow-outs, rearview backup cameras to prevent back-over crashes, blind spot detection, and driver assistance. Motorcycles, however, have remained largely unchanged.

Meanwhile, driver distraction has become increasingly common, putting motorcyclists at even higher risk of drivers who often overlooked them even before smartphones and dashboard systems became ubiquitous.

The greater severity of injuries in South Florida motorcycle accidents means these are going to be higher-stakes civil claims. Insurers know this. They’re often eager to settle these cases quickly, for as little as possible – if they don’t deny them outright. This is where working with an experienced Palm Beach motorcycle accident lawyer is to your benefit. We recognize right off the bat what these cases are worth. When we commit to advocating on your behalf to ensure you receive the compensation to which you’re entitled, we do not allow insurers to bully our clients into an unfavorable settlement.

It’s worth noting that compensation in motorcycle crashes is not going to include PIP (personal injury protection) coverage. That’s another major difference compared to car crashes. Continue reading

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