South Florida Injury Lawyer Blog

The family of Juan Carlos Rivera has settled their Coral Gables wrongful death lawsuit with the Miami-Dade School Board. A fellow student fatally stabbed Rivera in 2009.

Rivera and another student, Andy Rodriguez, reportedly bumped elbows and that was when the two Coral Gables Senior High students got into a fistfight. Rodriguez then stabbed Rivera numerous times, including one jab to the heart. According to prosecutors, the brawl was over a girl.

Rivera’s family had accused the high school of negligence, including poor supervision, inadequate security, and failing to properly determine which students were troubled. Meantime, Rodriguez has been found guilty of second-degree murder with a weapon. He will be sentenced later this month.

Already, the school board has paid $200,000 of the Miami-Dade wrongful death settlement. Its insurer has paid $500,000. The remaining balance will come after Rivera’s family files a claims bill with the Florida Legislature. As part of the settlement, the school board has agreed not to fight the bill.

Unfortunately, many schools have become dangerous places for students. School boards know this and it is their job to provide adequate security and supervision to minimize the chance of violent crimes, including physical assault, sexual assault, murder, and massacres, from happening. When failure to fulfill these duties results in Miami personal injury or death, the victim and his/her family may have grounds for a lawsuit. If the person that got injured is a minor, a parent or guardian can file the Miami-Dade personal injury lawsuit on his/her behalf.

Family of teen killed in Gables High stabbing settles suit for $1.8 million, Miami Herald, November 18, 2011

Miami-Dade Schools To Pay $1.875 Million In Gables High Stabbing, CBS Local, November 18, 2011

Miami-Dade School Board

More Blog Posts:
Miami-Dade Car Accident Lawsuit Filed in Florida Wrongful Death Case Against Coral Gables Teenager, South Florida Injury Lawyer Blog, October 7, 2011

Palm Beach Wrongful Death Lawsuit Filed in 2009 Jupiter, Florida Thanksgiving Shooting, South Florida Injury Lawyer Blog, September 16, 2011

$525,000 Ft. Lauderdale Wrongful Death Settlement Reached Between Broward County School Board and Family of Teen Fatally Shot in 2008 by Fellow Student, South Florida Injury Lawyer Blog, September 9, 2011

A woman who says she was injured in a Hollywood, Florida slip and fall accident at a local gas station is suing RaceTrac for Broward County personal injury. Isaura Velez is seeking damages for injuries she sustained last year. Velez says she was entering the RaceTrac store at S. Pine Island Road when she slipped and fell because no one told her that the floor was wet.

RaceTrac is a petroleum conglomerate. This is at least the second South Florida injury lawsuit filed against RaceTrac in the last few months.

Susan and Richard Gold filed their Pompano Beach slip and fall lawsuit over his injuries that they contend he sustained when he slipped on gas that overflowed from their motor vehicle’s gas tank. The Golds believe that the pump was defective, which is why it kept pouring gas even though the tank was already full.

During the South Florida slip and accident, Richard says that he hurt his head, arms, neck, back, and legs. He believes that if the gas pump hadn’t been faulty, his Broward County premises liability accident wouldn’t have happened. Susan says she is owed personal injury damages because she experienced the loss of her husband’s services and consortium because of his injuries.

It is important that you work with a Hollywood, Florida slip and fall accident lawyer that has the experience to obtain compensation from the liable party. Other common types of fall accident include step and fall accidents, stump and fall accidents, and trip and fall accidents.

Property owners are supposed to eliminate hazards that can cause South Florida slip and fall accidents. This may include cleaning up wet surfaces, clearing off debris or other objects on the ground that could cause someone to fall, repairing uneven sidewalks or unbalanced flooring, or posting up warning signs when the floor is wet.

RaceTrac Hit With Another Personal Injury Suit, Broward Palm Beach, September 16, 2011

More Blog Posts:
Pompano Beach, Florida Slip and Fall Accident Lawsuit Seeks Damages from Gas Station with Allegedly Faulty Gas Pump, South Florida Injury Lawyer Blog, August 8, 2011

$500K West Palm Beach Slip and Fall Verdict Awarded in Lawsuit Against Lake Worth Lawsuit Against CVS, South Florida Injury Lawyer Blog, January 24, 2011

West Palm Beach Wrongful Death Lawsuit Filed in Fatal Roof Fall from Pub Deck, South Florida Injury Lawyer Blog, May 30, 2011

Richard and Susan Gold are suing a RaceTrac filling station for Pompano Beach personal injury. They claim that a faulty pump at the station maimed Richard in March 2009.

In their Broward County slip and fall complaint, the couple contends that because the gas pump was defective, it didn’t stop the gas from flowing after their vehicle’s tank was full. Instead, the gas began “spewing” into the air, onto the ground, and around his vehicle. Richard, who was the one pumping gas, says that he tried to regain control of the nozzle right away because he was afraid of the fire hazard the gasoline posed to him and those around him. The Golds say that this is when his Pompano Beach slip and fall accident happened.

Richard believes that if the pump hadn’t malfunctioned, he wouldn’t have slipped and fallen. He also says that the Pompano Beach fall accident caused him to sustain injuries to his neck, head, back, arms, and legs, and he likely has other injuries that have yet to be diagnosed.

Meantime, Susan is also suing RaceTrac for Broward County personal injury. She says that the Florida slip and fall accident has resulted in the loss of her husband’s consortium and services.

Florida Slip and Fall Accidents
A slip and fall accident can result in painful, debilitating injuries. Premise owners must make sure there is nothing on the grounds that a patron, guest, customer, or visitor can slip or trip over or step into and fall over as a result. Head injuries, spinal cord injuries, traumatic brain injuries, dislocated hips or shoulders, and broken bones can result—not to mention the complications that can arise from these ailments.

An experienced Pompano Beach premises liability lawyer will know how to prove that the property owner was negligent in causing your slip/trip/step and fall accident.

Painful Gas? RaceTrac Station Pump Injures Man, Lawsuit Claims, Broward/Palm Beach New Times, July 20, 2011

Related Web Resources:
Slip and Fall, Justia

Slip and Fall Accidents, Nolo

RaceTrac

More Blog Posts:
$500K West Palm Beach Slip and Fall Verdict Awarded in Lawsuit Against Lake Worth Lawsuit Against CVS, South Florida Injury Lawyer, January 24, 2011

Slip, Trip, and Fall Accidents on Ft. Lauderdale Sidewalks Can Be Costly for Local Taxpayers, South Florida Injury Lawyer, July 15, 2008

Florida Woman Sues National Audubon Society After Slip and Fall Accident in Naples Sanctuary, South Florida Injury Lawyer, June 17, 2008

A Florida jury has awarded a $1.8 million Miami-Dade premises liability verdict to Francisca Vente, the woman who was assaulted by suspected killer Michael Davis in her apartment. Vente claimed the inadequate security at Bay Winds apartment, a Cornerstone complex, made it possible for Davis to get on the grounds and enter her unit.

At the time of the 2009, Davis was fleeing from police who wanted him for questioning in the strangulation death of an 18-year-old man. When he knocked on her door, Vente let him in thinking that he was the air conditioner repairman. Davis came in and choked her until she lost consciousness. When Vente came to, she escaped him by jumping out the window of her third floor unit. Police later shot Davis on the complex grounds.

Vente, who broker her spine, pelvis, and wrists during the fall, spent three months in the hospital and a month in rehab. The former condo cleaning woman cannot bend down or walk for extended periods of time and is on disability. In addition to her physical injuries, Vente says she suffered emotional injuries from what happened and still has nightmares about it.

The 10-building, 230-unit complex had no surveillance cameras at its entrance and security guards only manned the premises at night. Also, although a gated property, the gates are not hard to climb over and on the day that Davis attacked Vente, one of the pedestrian gates had been left unlocked.

Inadequate Security
Proper security on a property is very important and can prevent robberies, physical assaults, sexual assaults, and murders from happening. Failure to make sure there are locks on entrances/exists, surveillance cameras, secured entrances, and other security measures can be grounds for a Miami-Dade personal injury lawsuit if someone gets hurt from a crime that could otherwise have been prevented.

Miami-Dade jury awards $1.8 million to woman attacked by suspected killer, Miami Herald, June 26, 2011

Woman who escaped killer wins $1.8 million, UPI, June 27, 2011

More Blog Posts:
West Palm Beach Wrongful Death Lawsuit Filed in Fatal Roof Fall from Pub Deck, South Florida Injury Lawyer, May 30, 2011

Miami-Dade Wrongful Death Lawsuit Seeks Damages Over Fatal Jacuzzi Drowning at Bahamian Resort, South Florida Injury Lawyer, May 17, 2011

14-Year-Old Injured in Hollywood, Florida Elevator Fall Accident at Millennium Mall, South Florida Injury Lawyer, April 11, 2011

The ex-husband of a woman who suffered a fatal fall from Roxy’s Pub in filed a West Palm Beach wrongful death complaint alleging Florida premises liability. Jessica Harris, 39, died last December after she fell two stories.

While some witnesses have said that the Lantana woman jumped after an argument with a man at the downtown tavern, others said she stepped over the security rail and said something to the effect of “look what I can do.” Brian Harris is contending that if the railing had been adequate, Harris wouldn’t have been able to fall. He is filing his Palm Beach County wrongful death complaint on behalf of her children, ages 7 and 10.

Roof Falls
Falls from roofs and building decks can cause serious injuries, including blunt force trauma, head trauma, brain injuries, spinal cord injuries, organ damage, broken bones, crush injuries, and death. It is the responsibility of property owners to ensure that there are adequate safety measures in place to prevent fatal falls from a deck, balcony, or roof. If it isn’t safe for someone to be there, then any entrances to these areas should be secured so that no one can enter. Broken or defective railings, barricades that aren’t tall enough, roof patios that don’t meet building codes or are improperly maintained, or decks that are rotting or are suffering from structural problems, are just some reasons why falls from decks and roofs may happen. Roof and deck falls are not uncommon, and there is no reason for a premise owner not to know that this type of injury risk may exist.

Family Of Woman In Roxy's Rooftop Death Files Lawsuit, WPBF, May 24, 2011

Woman who died after falling from rooftop bar 'was a wonderful person.. who lived for her family', The Palm Beach Post, May 23, 2011

Related Web Resources:
Roxy's Pub

Premises Liability, Justia

More Blog Posts:
14-Year-Old Injured in Hollywood, Florida Elevator Fall Accident at Millennium Mall, South Florida Injury Lawyer Blog, April 11, 2011

Inadequate Security Alleged in Broward County Injury Lawsuit of Teen Left with Brain Damage After Beating at Deerfield School, South Florida Injury Lawyer Blog, January 27, 2011

Family Sues Delray Beach for Palm Beach County Wrongful Death of Surfer Who Drowned, South Florida Injury Lawyer Blog, April 8, 2011

The family of John Van Hoy Jr. has filed a Miami-Dade wrongful death complaint against Sandals Royal Bahamian Resort. Van Hoy died after getting caught in a Jacuzzi suction drain at the Bahamian resort on December 28, 2010. Other plaintiffs include Sandal Resort International, Unique, Hayward Industries, and other companies involved with the manufacture of the hot tub and its parts.

Several resort guests, including Van Hoy’s fiancé Nicole Cleaveland, reportedly tried to help free him, but by the time they were able to pull the 33-year-old away from the drain it may have been too late. The whirlpool reportedly lacked an emergency shut-off button.

In their Miami-Dade drowning accident complaint, the plaintiffs accuse hotel staff of ignoring Van Hoy and either being unwilling or lacking the training to perform CPR during the 45 minutes it took for the ambulance to arrive. The workers at the resort then allegedly tried to prevent Cleaveland from communicating with family, friends, or others and subjected her to an “interrogation” while suggesting that she or Van Hoy were “somehow at fault for the death.”

Van Hoy’s family and Cleaveland are seeking damages for products liability, negligence, false imprisonment, and infliction of emotional distress.

Dangerous Hot Tub Drains
Unless a pool or hot tub is fitted with a drain that cannot suction a swimmer’s body part or clothing, serious injury or death can result. The suction from a drain can be so powerful that it can be hard for even an adult to get free. In the US alone, the Consumer Product Safety Commission reported 74 pool drain entrapments between 1999 and 2007, resulting in 63 injuries and 9 fatalities.

In the US, pool and spa drain covers must meet new safety standards. There are, however, still pools that use the older, less safe types of drains. Pool and spa drain entrapment accidents can cause drowning deaths, permanent brain damage, and disembowelment.

Family of Man Fatally Sucked Into Whirlpool Sues Bahamian Resort, MiamiNewTimes, May 16, 2011

Hotel Sued Over Whirlpool Death Trap, Courthouse News Service, May 16, 2011

Related Web Resources:
Sandals

Pool Safety, Consumer Product Safety Commission

More Blog Posts:
Family Sues Delray Beach for Palm Beach County Wrongful Death of Surfer Who Drowned, South Florida Injury Lawyer Blog, April 8, 2011

Dangerous Pool Drains in Florida Pose a Personal Injury Hazard, South Florida Injury Lawyer Blog, September 24, 2008

14-year-old Katie Ewing was injured lat week when she fell nearly three stories down a freight-elevator shaft at the Millennium Mall on Hollywood Boulevard. The Broward County elevator fall accident happened last Monday while Ewing and several friends were playing tag at the mall, which has been closed for a number of years.

Following the Hollywood, Florida injury accident, Ewing was admitted to Joe DiMaggio Children’s Hospital as a trauma alert patient. In the SunSentinel, Hollywood Fire Rescue Division Chief Mark Steele is quoted as saying that Ewing fell 30 feet during the accident, but that she is out of the ICU and appears to be recovering nicely.

According to police, the teenagers scaled a wall to enter the mall through an open door. The mall owner has complied with city codes so that trespassers stay out.

Elevator Falls
The Consumer Product Safety Commission reports that around 10,000 people are involved in elevator accidents each year. Common causes of elevator accidents:

• Falls through exposed elevator shafts
• Elevator malfunction
• Improper leveling, which prevents an elevator from lining up with the floor
• Electrocution from faulty wiring
• Getting stuck between the side wall and the elevator
• Asphyxiation from being trapped in an elevator for too long

Premise owners or service companies responsible for maintaining an elevator are among the parties that could be held liable for injuries from a South Florida elevator accident.

Teen survives fall down elevator shaft at shuttered mall in Hollywood, SunSentinel, April 5, 2011

Teen girl injured at shuttered mall, Miami Herald, April 5, 2011

Related Web Resources:
Elevator Accidents, Florida Department of Business and Professional Regulation

Proving Fault in Accidents on Dangerous or Defective Property, Nolo

More Blog Posts:
Inadequate Security Alleged in Broward County Injury Lawsuit of Teen Left with Brain Damage After Beating at Deerfield School, South Florida Injury Lawyer Blog, January 27, 2011

$500K West Palm Beach Slip and Fall Verdict Awarded in Lawsuit Against Lake Worth Lawsuit Against CVS, South Florida Injury Lawyer Blog, January 24, 2011

Miami-Dade County Carbon Monoxide Poisoning Accident in Hialeah Hotel Room Kills 5 Teenagers, South Florida Injury Lawyer Blog, December 28, 2010

Continue reading "14-Year-Old Injured in Hollywood, Florida Elevator Fall Accident at Millennium Mall" »

Richard Weinstein is suing his employer, the city of Delray Beach, for the Palm Beach County wrongful death of his son Jason Weinstein. The 26-year-old drowned on September 5, 2008 while surfing at Atlantic Dunes Park.

Now, Richard and his family are contending that Jason, who was the victim of a rip current, might not have died that day were it not for the city’s negligence, including the:

• Failure of its lifeguards to warn of rip currents.
• Inadequately trained lifeguards—one of the two who were there at the time was surfing.
• Not enough lifeguards on duty.
• Delayed response of lifeguards by “a critical three minutes.”
• Three of the city’s six rescue units were out of service when the Delray Beach drowning accident happened.
• When attempting to get help, the lifeguard supervisor mistakenly called the water department.
• The lifeguard who called for help accessed the wrong channel and did not push the emergency call button.

The city of Delray Beach is disputing the lawsuit and says that Jason died because of his own negligence. The defendant contends that Jason was in violation of beach rules because he was over 50 yards offshore and not in the lifeguard patrolling area. Also, the city claims that there was a red flag up to warn of rip currents.

With so many people taking to the different bodies of water in sunny Florida, drowning accidents can occur, which is why those responsible for pools, hot tubs, beaches, and other swimming areas frequented by visitors need to ensure that all safety measures are implemented to decrease the chances of Palm Beach personal injury or wrongful death.

More than 3,000 people are killed in drowning accidents each year. Near drowning incidents can cause brain damage that can lead to serious and permanent disabilities and impairments.

Depending on the specifics of the Florida drowning accident, the owner of the property where a drowning accident can be held liable for Palm Beach County premises liability or wrongful death.

Family sues Delray over death of son who was surfing at city beach, Palm Beach Post, April 8, 2011

Unintentional Drowning: Fact Sheet, Centers for Disease Control and Prevention

Related Web Resources:
Atlantic Dunes Park

Delray Beach

The mother of Josie Lou Ratley, 16, wants the Broward School District to pay her daughter Florida personal injury compensation for the brain damage and permanent injuries she sustained during a severe beating at Deerfield Beach Middle School last year. Ratley was attacked at a campus bus stop last March by 16-year-old Wayne Treacy. He is charged with the adult crime of first-degree attempted murder. Also charged in the attack on Ratley is 14-year-old Kayla Manson with attempted murder, who allegedly pointed Ratley to Treacy when he arrived at the middle school.

Per the Broward County personal injury complaint, the plaintiff is accusing the school district of providing inadequate security and not properly supervising the bus pickup area. The lawsuit also claims that Treacy, a high school student, was allowed to “openly walk” onto the middle school grounds even though he wasn’t supposed to be there.

Treacy attacked Ratley several hours after exchanging text messages with her. He reportedly thought she was making fun of his brother’s death by suicide. He is accused of pushing Ratley’s head into the concrete and using his steel-toed boots to kick her “in the head, soccer style,” per the words used by Broward County Sheriff Al Lamberti last year when describing to ABC News what happened. The assault finally stopped when a teacher pulled Treacy off Ratley.

Her head injury was so severe that part of her skull had to be removed so the swelling good abate. She also sustained bruises all over her body.

Inadequate Security
In recent years, the lack of security on schools grounds have allowed for an escalation of violence that goes far beyond the pettiness of name calling and schoolyard roughhousing. Kids have brought guns and knives to school, and beatings, severe bullying, and even shooting sprees have happened, causing serious injury and death to students.

Questions that might arise during a Broward County premises liability lawsuit over a personal injury:

• Does the school provide adequate security?
• Are there reasons, such as a history of violent crimes in or around the area, for why more security should have been provided?
• Could the school have prevented the violent crime?
• Where there warning signs, such as the suspicious mental or behavioral problems of a particular student, that school officials could have addressed before the crime happened?

Mom of Josie Lou Ratley sues Broward Schools for negligence, Sun-Sentinel, January 27, 2011

'Text Rage' Leads to Alleged Brutal Teen Beating, ABC News, March 19, 2010

Related Web Resources:
Broward Schools

Inadequate Security, Justia

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.

Florida Slip and Fall Lawsuits
Property owners can be held liable for slip and fall and trip and fall injuries if they caused the condition that led to the slip and fall, or knew that there was a hazardous situation that could lead to a slip accident, but failed to do anything to remedy the safety issue. Details of what happened, how it happened, and whether there was anything that could have been done to prevent the injury incident from happening will have to be explored. Some Palm Beach slip and fall cases can be more complex to prove, and your Florida injury lawyer may have to bring accident reconstructionist experts to help with your claim or lawsuit.

Tod R. Flemke v. CVS Pharmacy, Palm Beach County

Related Web Resources:

Slip and Fall Accidents: Proving Fault, Nolo

Proving Fault in Accidents on Dangerous or Defective Property, Nolo