personal injury lawyer

Tool Rental Injury Lawsuit Against Hardware Store May Proceed

February 12, 2021 | by David J. Halberg, Esq.

Do-it-yourself projects and repairs are common when you have the basic skills and would rather not pay a professional service fee. Still, very few of us have all the equipment and tools we need to get every job done. But some of these tools are expensive, and you don’t need them but maybe a few times. This is why many home improvement stores (Home Depot, Lowe’s Home Improvement, U-Haul, etc.) here in West Palm Beach offer tool and equipment rentals.
tool rental injury lawsuit

Some examples of tool, equipment or special event items that may be rented for single-use or short-term use include: Bucket lifts, floor cleaners, floor strippers, saws, backhoes, scissor lifts, forklifts, air compressors, tree-trimming equipment, scaffolding equipment, wallpaper steamers, stump grinders, generators, drills & drivers, pressure watches, hitches, trailers, tents, flooring/staging, inflatables, tables/chairs, tents, food equipment (popcorn machines, cotton candy machines, grills, etc.) and more.

Consumers rely on these companies to provide them with tools and machines that are safe for use. If those products prove defective, the consequences can be serious, including broken bones, abrasions, lacerations, spinal cord injuries, electrocution, head injuries, amputation, etc. In these instances, it may be possible for the injured to hold the rental store as well as the product manufacturer liable for those damages.

In such circumstances, it is imperative to speak with a Florida personal injury lawyer to weigh your legal options.

Recently, a federal appeals court ruled that a broad liability release in a rental agreement signed by a Home Depot customer doesn’t make the store immune from claims that a defective machine rental cost a man his finger. Continue reading

Florida Dangerous Instrumentality Doctrine in Car Accident Cases

November 5, 2020 | by David J. Halberg, Esq.

If you’re thinking of allowing someone to borrow your car, you may want to think twice. Florida’s longstanding dangerous instrumentality doctrine allows vehicle owners to be held vicariously liable for the negligent actions of those permitted to operate their vehicle. It can even apply to Florida vehicle owners when crashes occur in other states (more on that later). Palm Beach car accident lawyer

The dangerous instrumentality doctrine holds that an owner of an inherently dangerous tool can be legally responsible for any injuries that result from operation of that tool. Most people don’t consider cars to be “tools,” but they were established as such by the Florida Supreme Court in the 1920 decision of Southern Cotton Oil v. Anderson. The effect of that ruling was that vehicle owners could be subject to strict vicarious liability, meaning that basically the owner – and everyone whose name is listed on the title – could be held financially responsible for a crash as if they themselves were in the driver’s seat. Continue reading

How Long Will My Florida Personal Injury Lawsuit Take?

July 6, 2020 | by David J. Halberg, Esq.

One question our West Palm Beach injury attorneys often field from prospective clients is, “How long will my Florida personal injury lawsuit take?” The only accurate way to answer that question is the one people least like to hear: It depends. Florida injury lawsuit

The timing depends on a long list of factors, including:

The type of claim (car accident, slip-and-fall, sexual assault, medical malpractice, etc.).
The strength of your claim (available evidence you have to prove it).
The severity of your injuries and length of recovery time.
How many defendants are involved.
The defendant’s willingness to settle or resolve to fight.
The skill of your civil injury lawyer.

Of course, it may be possible to settle a case for quickly, but it’s important not to do so for an unreasonably low sum. Reaching a fair settlement can take some patience. A trial will inevitably take longer – sometimes years – but that isn’t how most Florida injury claims are resolved. Even those cases that do go to trial often are about either liability or damages, but not both. The more issues that can be resolved prior to trial, the faster the case may conclude.

The statute of limitations on most Florida personal injury claims is four years, per F.S. 95.11. That means you have four years from the cause of action (time you were injured) in which to file your claim. However, if your injury claim involves medical malpractice, you only have two years (except in some rare circumstances). It’s also two years if you are filing a claim for wrongful death.

Report: Kids’ Palm Beach Bicycle Accident Injuries Up Nearly 170%

June 30, 2020 | by David J. Halberg, Esq.

With more children and families sticking closer to home this summer, the risk of a Palm Beach bicycle accident resulting in severe injuries is higher than ever. Safe Kids Palm Beach County reports that traumatic injuries suffered by children in Palm Beach County bicycle accidents has shot up nearly 170 percent in recent months. Eight kids were treated locally for serious bike crash injuries in just five weeks. Palm Beach injury lawyer

The non-profit kids’ safety organization indicated most of the bicycle accidents involved collisions with cars. More than 90 percent of riders treated at local hospitals weren’t wearing helmets and suffered some type of brain injury.

“Kids think they’re invincible,” the SKPBC director told WPTV recently.

That may be true, but our Palm Beach County injury attorneys want to stress it doesn’t give a free pass to drivers who are distracted, speeding or otherwise careless – particularly in residential neighborhoods where one would expect to see more children on bicycles right now. The failure of a child to wear a helmet won’t excuse a negligent motorist from liability either. 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

Reasons to Hire a South Florida Injury Lawyer With Experience

January 30, 2019 | by David J. Halberg, Esq.

When you are reeling from a personal injury in Florida, the materials on your cast may hardly even be dry before you are hit with a barrage of paperwork from doctors, police and insurance companies. None of those entities or individuals, however, is looking out for your best interest, making sure your rights are protected and that you aren’t saddled with a financial burden you don’t deserve. Whether your injury resulted from a work accident, car accident, slip-and-fall or some other incident, it will behoove you to hire a South Florida injury lawyer with experience, as opposed to one just starting out. South Florida injury attorney

There have been numerous reports the last handful of years about the fact that there are too many law students and too few legal jobs, with the American Bar Association reporting schools are continuing to raise tuition and produce twice as many graduates as the job market has to absorb. We mention this to say that while there is plenty of bright young talent in the legal profession, there are also a fair amount starting out – even in the first few years – who may not have much if any experience in handling the kind of case on which you require assistance. There are also attorneys who take many different kinds of cases – from personal injury to criminal defense to business law – just to make ends meet. But that doesn’t help you with a Florida work injury claim where the rules for workers’ compensation benefits and third-party liability claims are very specific. You can have greater confidence in the experience of attorneys who can point you to proof of success in past cases.

Personal injury attorneys in Florida are paid on a contingency fee basis, meaning you do not pay a fee for attorney services upfront. Instead, you pay a portion of whatever is recovered (if anything is recovered) either from a settlement or jury verdict. Continue reading

Don’t Burn the Clock Waiting to Talk to a Florida Injury Attorney

November 28, 2018 | by David J. Halberg, Esq.

Sometimes when folks read that the statute of limitations on Florida personal injury and wrongful death claims is two and four years respectively, they figure they’ve got some time before they need to bother reaching out to a South Florida injury attorney. And while it is true that you technically have that time span in which to file a claim, our Naples injury lawyers know what that timeline fails to take into account is:

The faster you act, the more likely your attorney can gather important evidence, talk to key witnesses and best preserve your case.
In most all cases, you won’t be able to file a claim at all unless you have properly provided notice to defendants in accordance with Florida law. The timeline for notice is shorter than the statute of limitations period, and the requirements can vary depending on a host of factors. Continue reading

Florida Hot Tub Injury Results in $7.5M Damage Award

February 20, 2018 | by David J. Halberg, Esq.

Florida consistently has one of the highest percentages of properties with pools and hot tubs, with the Association of Pool & Spa Professionals reporting nearly 335,700 hot tubs in the state as of 2015, with an additional 9,400 being added annually. Many of these are prominent features at resorts, hotels, condominium complexes and other locations frequented by Florida tourists, snowbirds and residents. injury attorney

Swimming pool injuries and hot tub injuries can run the gamut, whether due to unreasonably slippery surfaces or lack of gates or barriers or improper construction or poor maintenance. Determining who was at-fault and whether you have a claim to pursue compensation for your injuries will depend on exactly how and why the injury happened. For example, if a residential pool owner fails to ensure an appropriate barrier, alarm or other protection feature is in place, as required by F.S. 515.29, they could be held liable for child drownings or other injuries proximately caused by that.

In a recent case out of Pinellas County, the Tampa Bay Times reports a man was awarded $7.5 million in a South Florida personal injury lawsuit verdict stemming from a fall inside a hot tub at a resort where the spa was partially drained and unlit back in 2008. It’s being deemed one of the largest injury verdicts ever in that county’s civil court. According to news reports, the man suffered permanent back and neck injuries after the fall. Continue reading