South Florida Injury Lawyer Blog

Florida Product Liability Lawsuits: Earplug Defect Cost Soldiers Their Hearing

May 28, 2019 | by David J. Halberg, Esq.

A product liability mass tort litigation is rapidly snowballing, alleging a government contractor distributed defective earplugs to active duty combat soldiers and those in training, resulting in profound and lasting hearing loss.

Our South Florida product liability attorneys have learned hundreds of veterans from across the U.S. (nearly 650 in all thusfar), are suing 3M Co., asserting they suffered substantial degrees of damage to their functional hearing because the earplugs didn’t provide the protection the company promised.

The products in question were touted as combat-grade earplugs, but failed to protect their inner ear organs from permanent damage.

Veterans with pending claims have suffered either partial or total hearing loss, many also with something called tinnitus, which is the perception of constant or near-constant “ringing” or “buzzing” in one’s ears. (Tinnitus isn’t a condition in and of itself, but it’s usually associated with hearing loss. Continue reading

Report: Hundreds of Florida Doctors Still Practice Despite Numerous Medical Malpractice Payouts

May 22, 2019 | by David J. Halberg, Esq.

Doctors who have paid out numerous Florida medical malpractice claims continue to practice, despite a state statute approved by voters more than a decade ago intended to strip such physicians of their medical licenses. That’s according to a recent investigation into state insurance records by a South Florida television news team, NBC-5 in West Palm Beach. medical malpractice attorney West Palm Beach

Our own medical malpractice attorneys in West Palm Beach have encountered physicians in medical negligence claims who had previously lost or settled a number of prior lawsuits asserting they failed to abide the applicable standard of care in the course of medicinal practice, resulting in serious harm to patients.

The reporters discovered hundreds of still-practicing physicians who had paid out in excess of $460 million for Florida medical malpractice lawsuits stemming from the deaths of nearly 1,400 patients over the last 10 years.

This in itself is pretty stunning. However, it’s particularly striking in light of a 2004 Florida constitutional amendment approved by voters called the “three strikes rule.” Continue reading

Florida Dram Shop Laws: When Bars Can Be Held Liable For Drunk Driving

May 13, 2019 | by David J. Halberg, Esq.

Professional golfer and Florida resident Tiger Woods and his girlfriend, who manages a restaurant owned by Woods, have been named defendants in a wrongful death lawsuit stemming from the drunk driving death of an employee in December, The Miami Herald reports. Florida drunk driving death lawyer

When drunk driving results in death, there are a number of avenues through which a Florida wrongful death lawyer may seek to establish liability. Typically, this includes the drunk driver, the owner of the car, the host of an underage party and sometimes, the vendor that sold or served the alcohol.

That last one is formally known as a “dram shop lawsuit.” Continue reading

Can I Sue if I’m Injured at the Gym in Florida?

May 5, 2019 | by David J. Halberg, Esq.

Injury at South Florida gyms has been climbing as the number of health-fitness clubs and gyms has risen – 4 percent in the last five years, according to IBISWorld market research.Industry-wide revenue topped$2billion this year. gym injury lawsuit Miami

The question of whether one can successfully sue for a gym injury in Florida will depend heavily on how the injury occurred, what assurances of safety were express or implied with your gym patronage, the language of the liability waiver you (most likely) signed and whether third parties were involved.

Because injuries at the gym have the potential to be very serious (with some reported including broken bones, facial fractures, dental injuries, head injuries, neck and spinal cord injuries and more) it’s imperative to discuss your options with an experienced Miami personal injury attorney.

Fitness centers throughout Miami in standalone buildings, shopping plazas, hotels, resorts, spas – even commercial warehouses (primarily Crossfit). Customers pay good money to use the parking facilities, access all the workout equipment, receive one-on-one time with personal trainers, attend various classes and use amenities like lockers, change rooms, showers, pools and steam rooms. Unfortunately, as our personal injury attorneys in Miami are well aware, that’s a lot of opportunity for potential danger. Continue reading

Florida Medical Malpractice Wrongful Death Law Challenged by Family

April 27, 2019 | by David J. Halberg, Esq.

Florida medical malpractice law needs to change. That’s the stance of the surviving family of a U.S. Marine veteran who died after allegedly receiving negligent medical care following a South Florida motorcycle accident. Despite this, the man’s survivors haven’t been able to file a medical malpractice wrongful death lawsuit because of a provision of Florida statute that prevents such claims from being brought by anyone accept for a spouse, minor children or parents of an adult under the age of 25. West Palm Beach medical malpractice lawyer

The specific law in question (which our West Palm Beach wrongful death lawyers can explain has been in place for nearly three decades) is F.S. 768.21. Its effect is that if a person dies as a result of suspected medical malpractice, there will be no recourse if the patient was unmarried, over the age of 25 or had no minor children. It is a law ripe for challenge considering the very same acts of negligence that would underlie a medical malpractice injury lawsuit would be grounds for litigation – if the person lives. There are no available avenues for accountability, however, if that same individual dies as a result of medical negligence.

NBC-5 in West Palm Beach reports the patient in question was a 32-year-old man from Port St. Lucie, a veteran with a fiancee who was helping to raise her 3-year-old daughter, whom he planned to adopt. He was involved in a Florida motorcycle accident. He reportedly hit a deep pothole, swerved to avoid striking a friend’s motorcycle and in so doing put his leg down when he crashed, resulting in a broken leg. Continue reading

Distracted Driving Costs Lives – And It’s Worse Than We Thought

April 20, 2019 | by David J. Halberg, Esq.

Distracted driving leading to South Florida car accidents has long been a serious problem, especially since smartphones have become so ubiquitous. But while government data puts the number of distracted drivers at roughly 660,000 a day, a recent analysis by Zendrive says it’s 100 times worse. The revelation isn’t exactly stunning to our West Palm Beach car accident attorneys, but it’s nonetheless concerning.

In a study of 2 million drivers traversing some 4.5 billion miles of road over the course of the three months, Zendrive (a motorist behavior analytics firm) concluded that:

60 percent of drivers use their phone at least once daily while operating a vehicle.
40 percent of drivers do so every hour.
69 million drivers use their phones every day.

What’s more the number of drivers distracted by smartphones has increased 10 percent in the last year. Most drivers – nearly 9 in 10 – agree distracted driving is a serious issue, but only half admit to engaging in this behavior. In fact, 90 percent consider themselves safe drivers. Analysts determined those considered “heavy phone users” – those who spend three times more than the average – engaged in phone use while driving – spent nearly one-third of their time ignoring the road. Continue reading

South Florida Crash Risk Higher With Ride Shares like Uber, Lyft?

April 15, 2019 | by David J. Halberg, Esq.

From the time they burst onto the traffic landscape, ride share services like Lyft and Uber have been touting their success in driving down the number of drunk drivers and making streets safer. However, Southeast Florida auto accident lawyers are aware of a growing body of evidence suggesting in fact the opposite may be true. South Florida Lyft accident lawyer

In cities throughout Florida – indeed, throughout the country – there is evidence that Uber and Lyft drivers create more danger in cities where they opposite – for a myriad of reasons.

Uber and Lyft accidents in Miami, Fort Lauderdale and West Palm Beach have been mounting, as too has litigation. Both companies offer a maximum $1 million of insurance for bodily injury liability and/or wrongful death caused by rideshare drivers.

Among the factors cited in Uber and Lyft accidents: Continue reading

West Palm Beach Injury Lawsuit Damages Would be Capped With HB17

April 4, 2019 | by David J. Halberg, Esq.

West Palm Beach injury lawyers have been watching closely the progression of HB17, a bill that would limit the amount of damages for losses like pain and suffering that can’t be easily quantified. The $1 million damage cap would affect non-economic damages in personal injury cases. Proponents claim it’s necessary to improve insurer and large corporation stability, “balance out” their legal risk resulting from high litigation costs and lower what we all pay for insurance and other products/services. West Palm Beach Personal Injury Lawyer

The Florida House Civil Justice Committee approved the cuts, and the bill is advancing.

Here’s the reality about legislative actions like this (also known as “tort reform“): It’s a “get-out-of-jail” free card for insurers and big business. Where they have been successful, it is found companies are better-shielded from litigation risks and their profits are higher. It very often does not result in savings for the public/consumers. Furthermore, it’s been proven that the people most affected by a policy like this are the individuals hurt most severely. Finally, it’s likely no coincidence the most ardent advocates of this measure receive an awful lot of campaign contributions from lobbyists for these industries.

The Case of McCall v. State Showed Damage Caps Don’t Work

Worker Alleges Employer Liable For Drunk Driving Accident Leading to Paralysis

March 29, 2019 | by David J. Halberg, Esq.

Drunk driving accidents in Florida claim thousands of lives – 12 percent more than the national average. West Palm Beach injury attorneys know it’s a serious problem especially in South Florida. When it comes to liability, obviously the drunk driver can be held responsible, but there are circumstances under which others can be held responsible too. West Palm Beach drunk driving injury lawyer

For example, there are dram shop liability cases, which in Florida per F.S. 768.125 only includes vendors who served alcohol to individuals who are either under the age of 21 or who are known to be habitually addicted to alcohol. Other states have broader laws for what encompasses liability.

There may even be circumstances when one’s employer can be responsible. For example, some employers have been deemed liable for alcohol-related injuries (primarily drunk driving accidents) if they encourage employees to drink on-the-clock or compel workers to attend after-hours events consuming alcohol with clients, etc. These aren’t always slam-dunk cases, but a recent ruling out of Oregon shows that employers won’t necessarily be automatically entitled to a summary judgment either. Continue reading

Hotel Slip-and-Fall Injury Lawsuit Leads to $4.75M Settlement

March 22, 2019 | by David J. Halberg, Esq.

Law.com recently reported a hotel agreed to a $4.75 million settlement paid to a slip-and-fall victim who suffered serious injury to her right knee. Although that sounds like a substantial sum, it begins to make more sense when you put it in the context of the exact circumstances of the case. That kind of a damage award isn’t just forked over in a Miami slip-and-fall case. You need a solid tort claim – and an experienced hotel injury lawyer.

Hotel Slip-and-Falls in Florida

When you visit a resort or hotel in Florida, you have a right as a visitor to expect the property will be kept in reasonably safe condition. No one anticipates heading to the hospital on vacation.

Unfortunately, hotel floors are prone to slip, trip and fall risks that can leave guests with serious and lasting injuries. Some examples our Miami hotel injury attorneys have seen include:

Slippery spots around pools
Bathrooms in disrepair
Wet areas around ice machines
Freshly-mopped floors with no caution signs
Pool/rainwater tracked in from guests with no mats to catch it
Entryways that are obstructed/in disrepair

This list isn’t exhaustive, but it gives you an idea of some of the more common dangerous conditions that can give rise to Florida hotel slip-and-fall lawsuits. These fall under a category of tort law known a “premises liability,” meaning the property owner or controller is responsible for keeping lawful guests safe.

In Florida, the duty of care owed depends largely on the guest’s purpose on site. Individuals who are paying customers, on site for the benefit of the property owner are owed the highest duty of care. That means hotels are responsible not just to warn guests of known hazards, but to check for them regularly and address them promptly when discovered. Continue reading