Fort Lauderdale Injury Lawyer Blog

If you read the newspapers in South Florida recently, you may have noticed that there is an increase in the number of accidental gun shootings reported. For example, the two incidents below were reported in a recent edition of the Fort Lauderdale Sun Sentinel.

In Miami a woman was taken to the hospital after her husband claims he accidentally shot her when he thought she was a burglar in their home.

In Eatonville, Florida, a teenager was accidentally shot and killed by a 6-year-old child. At the time of the shooting, the boy was playing video games in his home when he was shot in the head. The child who fired the gun, found the handgun from the floor and thought it was a toy.

As more and more guns are manufactured, sold, lost, stolen, and re-sold, these guns will end up in many more Florida households. The end result will be that as the number of guns in homes increase, there will be an increase in the number of unintended shootings of innocent people, often loved ones. In some of these cases, the homeowners insurance may provide coverage for the shooting victims.

In most of these cases, the guns will be unsecured. They may be placed in a location where children can get to them with little or no effort and there will not be any trigger locks or other devices to prevent the guns from being accidentally discharged in the home. Likewise, homeowners may mistakenly think there is an intruder in their homes and fire at their own family members. All of these situations are eminently preventable by either using more caution in securing the gun or only firing the gun when the shooter is certain of the identity of the target.

At the end of the day, each home owner contemplating keeping a gun in their house should weigh the potential increase to their personal safety against the possibility that an unintended tragedy may result.

Continue reading "Florida accidental gun shootings on the increase" »

A motorcyclist was recently killed in Dania Beach at SW Sixth Street and Federal Highway when a car collided with his motorcycle.

The senior driver and his wife were returning home from dinner in their Cadillac automobile around 6:30 in the evening. The Cadillac was proceeding southbound on Federal Highway and made a left turn onto Southeast Sixth Street in front of motorcyclist which was heading northbound on federal highway. The driver of the car said the motorcycle was speeding.

Currently BSO is still investigating.

This type of intersectional collision is very common in motorcycle death cases. Typically the driver of the car is heading in the opposite direction of the motorcycle. The driver doesn't see the motorcycle as it approaches and the driver makes a left turn directly in front of the bike. Occasionally, there may be a car driving in front of the motorcycle which obscures the view for motorists driving in the opposite direction.

With this type of impact the biker could be seriously injured or killed.

Continue reading "Dania Beach Motorcyclist Killed in Accident" »

In less than one month, pit bulls have attacked several young children in Deerfield Beach, Florida. The mother of one of the young children attack believes that Broward County should enact a ban against this breed, similar to the one in Miami-Dade County. Miami-Dade's law bans ownership of American pit bull terriers, American Staffordshire terriers or any other dog that exhibits the traits of these breeds.

The inherent difficulty in banning breeds like Pit Bulls is that very rarely are these dogs entirely purebred. Often they are a mix of American Staffordshire terriers with other types of dogs. Pit Bull lovers love to argue that these bans are unfair because they believe the violence these dogs commit is unrelated to the breed, but rather the result of bad owners, the evidence seems undeniable.

One victim this week was riding his bike near his Deerfield Beach home when he was bitten by a pit bull. The boy fled to a playmate's home, where an adult was required to beat the animal off the boy. The young boy suffered a broken arm and wounds on his face and limbs that required at least 30 stitches.

Another child in Deerfield Beach was bitten by a Pit Bull, requiring a neighbor to shoot and kill the dog. Although the child will recover from her physical injuries, the emotional trauma will be much more difficult to overcome.

The Centers for Disease Control and Prevention says on its website that 885,000 Americans seek medical attention for dog bites every year, and that half of them are children. Of the injured, 31,000 require reconstructive surgery, the website says.

Broward County Animal Care and Adoption policy is that if a dog has a previous bite history and bites someone else, it could be euthanized under county law, pending appeal by its owner.

The CDC's website states that Pit Bulls were responsible, more than any other breed of dog, for fatal dog bites to humans.

With each passing year, the problem of Pit Bulls becomes increasingly apparent. Both Broward County and the State of Florida need to find the political will to ban this aggressive breed from our streets and our children.

Continue reading "Two Deerfield Beach children bitten by Pit Bull " »

A Los Angeles jury has ruled that Barron Hilton (Paris's little brother) is responsible for almost $ 5 million dollars in damages to a gas station attendant he struck with his car in 2008. Earlier that same day he was arrested for drunk driving.

Fernando Tellez claims he was severely injured and underwent several surgeries and medical procedures after 18-year-old Barron collided him with his Mercedes-Benz as he pulled into a Pacific Coast Highway gas station.

Before his accident with Tellez, Hilton was was arrested for DUI after his blood-alcohol level registered 0.14, well above California's legal limit. Witnesses also said Barron Hilton was driving the wrong way down the highway for miles just before crashing into Tellez.

In the DUI proceeding, Barron pleaded no contest and received three years' probation.

According to the Los Angeles Times, the $4.6 million judgment covers pain and suffering, medical expenses and loss of earnings. Additionally, Hilton must also pay $225,000 in punitive damages and almost $71,000 in interest.

Barron was unavailable for comment. According to his Twitter page, the day the jury rendered its verdict, he was vacationing in the Hamptons.

Apparently the jury was unimpressed with Barron's family background. Instead of showing his concern for the judicial process and the victim of the accident, Barron took off to the Hamptons. Looking at the amount of the verdict and the fact that it involves punitive damages, it appears that the jury was trying to send young Barron a message. I can't help but wonder if Barron got it.

Continue reading "Paris Hilton's kid brother owes $5 Million to Gas Station Employee " »

Lona Varner, an 87 year old grandmother in El Reno, Oklahoma, agreed to settle the federal lawsuit she filed after police shocked her in her own bed with a Taser. The officers were also alleged to have stepped on Varner's oxygen hose depriving her of air.

Varner filed a lawsuit against the City of El Reno claiming she was wrongly stunned with a Taser. The police threw Varner's grandson to the floor and handcuffed him when he told officers, "Don't Tase my granny!"

Citing a confidentiality agreement, Varner's attorney would not disclose the amount of the settlement.

Police officers claim they entered Varner's apartment after learning that she might be attempting suicide with a drug overdose. They also claimed that the 87 year old Varner pulled a kitchen knife from under her pillow and said, 'If you try and get the knife, I will stab you and kill you.'" The officers claimed it was necessary to stun Varner to prevent her from attacking them. Varner denied making any threats to police and also denied attempting suicide.

While no one would deny that being a police officer is a dangerous job, it is hard to conceive how these officers could have felt legitimately threatened by this 87 year old granny and why they had to to stun her twice with their Taser. This absurdity was apparently the primary reason the City of El Reno settled this case rather than have a jury decide it.

As most of you know, the Taser is considered a less lethal means (as opposed to a gun) of stopping a dangerous suspect. The Taser fires an electrical dart into the suspect and stuns him or her with an electrical current. For the most part, people stunned with a Taser make a complete recovery. Perhaps because of the reduced potential for serious injuries to granny, the officers felt they could "teach a lesson" of respect to Varner with their Taser.

Indeed, Varner recovered, but the professional judgment of the officers in using this degree of force to restrain an 87 year old woman was questionable. The end result is that the city, on the eve of trial, paid money to settle this case.

Continue reading "Grandmother, 87 years young, settles lawsuit against police for Tasering her" »

Two young women, age 18, tragically died when their car was struck by a tractor trailer carrying a heavy load. Another passenger in the car is recovering from serious injuries.

The Florida Highway Patrol reports that on the evening of March 29th, the three were in a Toyota Camry and driving east on Southern Boulevard approaching the intersection of County Road 880 as a tractor-trailer hauling thousands of pounds of lettuce was crossing.

While the details of the crash are still under investigation, according to the Florida Highway Patrol, the car struck the rear of the trailer, causing it to roll, which resulted in major crush damage to the vehicle. Incredibly, the truck driver, who was not hurt, kept going. The truck driver was pulled over later that evening and claimed to be unaware of the accident. The damage to the car was consistent with the damage to the truck.

18 Wheelers are a fact of life on any expressway in South Florida. You do not need to have a Phd in physics to appreciate the potential for disaster when a tractor trailer impacts a passenger automobile. These trucks have "black boxes" which can reveal things like the speed of the truck at the time of the crash. This type of information can be vital in determining fault for a truck accident, particularly where the occupants of the car have been killed or severely injured.

Continue reading "Two South Florida Teenagers killed in Truck Accident" »

Angry mothers and fathers picketed a Dania Beach pain clinic to remind Florida Governor Rick Scott not to get rid of a computer system designed to track pain pill abuse and pill mills throughout Florida.

Scott and some of his fellow Republicans want to cancel Florida's plans to start a computer system that would log into a computer every pain drug prescription. The purpose of the database is to keep track of pill mills which have become a major supplier of illegal prescription based medications. Drug pushers and addicts frequently go from pain mill to pain clinic and shop doctors looking for multiple prescriptions of addictive narcotics.

"I'm very upset with Gov. Scott," said one mother whose son died of an oxycodone overdose on his birthday. "I voted him in, thinking he would do the right thing. He's turning a blind eye to what's going on" in Florida.

Scott claims he is concerned that the pill database might cost Florida an extra half million dollars a year. Scott really is placing teaparty politics ahead of the safety and citizens of the State of Florida. Acknowledging the old maxim that a "penny saved is a penny earned," certainly the wisdom of being "penny wise and a dollar foolish" is appropriate here. If the data base can have even a minimal effect on the availability of dangerous narcotics in Florida, than the extra dollars spent would be well worth it.

Unfortunately, Rick Scott's decision to cancel the pill data base is just a one more example of his political naivete and misguided efforts to cater to the the tea party. In so doing, Scott has chosen to align himself with the extreme right of the Republican party and to ignore the very real concerns of most Florida citizens.

Continue reading "Dania Protestors tell Florida Governor Scott not to scrap pill data base. " »

A 12 year old girl on vacation with her family in Wisconsin suffered serious injuries when she fell off an amusement park ride. The girl fell approximately 100 feet from the "Terminal Velocity" ride and landed on the ground below. According to police, the ride operators failed to have a safety net.

The girls' doctors say she should survive, but may suffer from paralysis. The ride's operator was charged with felony reckless injury.

Amusement park accidents are ofter serious because of the nature of the rides, which are frequently fast-moving or high off the ground. Although the rides are supposed to be inspected, it is not uncommon for there to be structural defects in the rides such as metal fatigue. Often, accidents results from something as simple as the failure by the ride operator to provide the proper safety restraints or other devices such as a safety net. The public's safety should not be placed in the hands of amusement park operators. State and local authorities need to be more vigilant in their inspection practices. Had this occurred in this unfortunate incident, something as obvious as the lack of a safety net would have been discovered.

Continue reading "Florida girl falls from amusement park ride" »

In 2006, former Fort Lauderdale Police Officer, Alexander Griss, while driving his cruiser over 90 mph hit and killed a woman. He was not responding to a call, nor was he even on duty.

Griss was fired from the Fort Lauderdale Police Department and his trial has begun for the vehicular homocide of the woman that died in the accident. If convicted, Griss faces a maximum penalty of 15 years in prison.

The woman of Lauderdale Lakes, was struck by the cruiser at Southeast 21st Street and Federal Highway in the early morning on June 19, 2006. She was propelled over 100 feet. The police car had jumped a concrete median crossed into the opposite traffic and came to rest in a field. The black box from the cruiser revealed that it was going about 90 mph in a 40 mph zone.

The Fort Lauderdale Police Department's internal investigation found that he frequently operated his cruiser at excessive speeds while working and off-duty. In the month prior to the accident, Griss drove over 90 mph at least 90 times on various according to the investigation.

The Fort Lauderdale Police Department may also be exposed to civil liability as the owner of the car involved in the accident. Given Griss' apparent propensity for speeding, there may also have been some negligence in his hiring, retention and supervision. Currently, Florida's sovereign immunity law applies which would limit damages to $100,000, possibly $200,000 absent a claims bill.

Continue reading "Ex Fort Lauderdale Cop on trial for vehicular homocide" »

The Sooner the Better.

It is important to remember that time is of essence. The longer you wait, the more likely it becomes that critical evidence will no longer be available -- witnesses' memories fade and the opportunity to take photographs may be gone. Conditions at the scene of the accident, evidence of the property damage, injuries, and other relevant evidence can change or even disappear.

Personal injury cases and wrongful death cases have important deadlines in which to file a lawsuit called "statutes of limitations." If your claim is not filed within the statute of limitations, it may be forever barred! The sooner you e-mail or call us at The Ben Law Firm, the sooner we can assess the scope of your claim and and begin processing your case. Unfortunately, by the time many accident victims decide to consult a lawyer, much of the evidence available right after the accident occured is no longer around or the statute of limitations may have run.

Report the Accident.

Call 911. Report the incident to the police or the property owner as soon as possible. If you were involved in a motor vehicle accident, you should immediately notify the police. In car accidents, this may be necessary to prove the identity of the owners and the drivers of the vehicles involved, to document the names and addresses of the witnesses and any contributing road conditions. Automobile insurers often require a copy of the accident report before they will pay for any property damage.

If you were involved in a fall or other type of accident, it is important to report the incident to the commercial establishment or property owner as soon as possible so that the the accident is properly documented.

Although many insurance policies require their policy holders to report the accident to the insurance company, it is important to remember that the insurance company is not on your side. You should not give any statements or sign any papers without first consulting with your attorney.

Call your Attorney.

In addition to calling 911 and promptly seeking medical attention, the most important thing you can do after being injured in an accident is to contact an experienced personal injury lawyer. The Ben Law Firm is available 24 hours a day, 7 days a week, at (888) 3Ben-Law or by email at Injured.com, your on-line legal resource.

Obtain Witness Information.

Once you leave the accident scene, it can be difficult, if not impossible to locate the witnesses, even for an experienced private investigator. If you are able, you should try to get the name, address, and telephone number of every witness. If applicable, obtain information of any employees who may have witnessed the incident.

Take Photographs.

People recently involved in accidents often forget that their cell phone has a camera and maybe a video recorder. If possible, you should take pictures of the vehicles (such as the damage and final rest location of the cars), road conditions, conditions of the premises, conditions of the defective product and the extent of your injuries. Much of this evidence will not be available when you contact an attorney. "A picture is worth a thousand words."

Make Sure the Medical Records are Complete.

When you are at the hospital or treating with your doctor, it is important to remember that your medical records will be evidence of the damages in your case. You should provide the health care provider with a complete history of the accident, including the date it occured, and describe in detail the pain or other symptoms you were and are experiencing. Thorough medical records will probably be the strongest evidence of your injuries. If you do not provide a history of the accident or fail to tell your doctor about all of your injuries, the insurance company can use this as a basis to deny all or a part of your claim.

Preserve the Evidence.

Whether you were injured in an auto accident or other serious accident, any evidence you maintain can help your case. Keep your shoes, if you were injured in a slip and fall. If you were hurt by a defective product, keep the product or take pictures of the product. If you were injured in a car crash, keep the vehicle, take pictures of the damage, and keep copies of the receipts for any repair work. Write down everything you can remember: Memories will fade over time. You should write down everything you can remember about the accident, ranging from how the accident occurred to what the conditions of the road or surrounding area were.

If you have any questions, contact us at The Ben Law Firm. We are available to help.

Whether you were injured in Florida or somewhere else, The Ben Law Firm is committed to helping you obtain the best legal representation available. Even if the accident occurred in another state or country, we can refer you to a competent attorney in that area. Remember -- we will not charge you for consulting with us.

The State of Florida has the highest drowning death rate in the US for children ages 1-4 years (8.9/100,000) and during 1999-2003 recorded 356 unintentional drowning deaths among children in this age group according to the Florida Department of Health.

According to the Consumer Product Safety Commission, pool drownings for young children have increased dramatically. Nationwide, an average of about 300 children under 5 years old drowned in pools nationwide annually. Most of these deaths occurred in the summer months. Drowning is the second leading cause of death to young children after motor vehicle incidents. Another 2,700 children are treated in hospital emergency rooms each year for near-drowning incidents. Most of these cases involve residential pools.

Unfortunately, these tragedies can, and do occur all too quickly -- many times before parents and caretakers are even aware that their toddlers are no longer in the house. Whenever a pool is nearby, constant adult supervision is vital. Even if a young child has been taught to swim, it is still necessary for an adult to be watching.

The key to preventing these tragedies is to have multiple levels of protection. This includes placing barriers around your pool to prevent access, using alarms on doors that access the pool, installing child proof locks on all doors leading to the pool and being prepared in case of an emergency. The Consumer Product Safety Commission has specific recommendations to reduce the incidence of childhood drownings.

Pool drowning cases present unique issues for attorneys representing parents. Frequently, they involve death or brain damage to the child. Although others may be responsible for their child's drowning, most parents tend to experience feelings of guilt. Accordingly, these cases need to be handled in a manner designed to minimize the trauma to the family and to provide closure.

Continue reading "Florida has the highest pool drowning death rate for children." »

Even the best "driver" in the world can land in the rough.

Tiger Woods, considered to be the top professional golfer in the world today, was treated and released from a hospital in Orlando after suffering minor injuries in a single car accident early Friday, November 27, near his expensive home in Windermere, Florida.

Woods pulled out of his driveway in a 2009 Cadillac SUV and struck a fire hydrant, then a tree, according to a report from the Florida highway patrol in the Orlando area.

Florida highway patrol troopers plan to talk to pro golfer Tiger Woods on Saturday, November 28, to get more information about his car crash near his home. The troopers tried to speak to Woods on Friday as part of their routine car accident investigation, but his wife said he was sleeping, a spokeswoman for the Florida highway patrol said.

The accident occurred about 2:25 a.m. in Windermere, a suburb of Orlando. Two Windermere police officers, who were the first to arrive stated:

"There was Tiger Woods laying on the ground in front of the vehicle with his wife over him rendering first aid," he told reporters.

"He was in and out of consciousness with lacerations to his upper and lower lip," Saylor said. "He was mumbling but didn't say anything coherent."

Woods' wife, Elin Nordegren, told the police she was inside the house when she heard the accident. She said she went outside and used a golf club (presumably a Nike) to break out the rear window of the vehicle, then pulled him from the Cadillac.

"According to the officers, yes, she was very upset," he said in response to a question.

Despite damage to the front end of the SUV, it was drivable, but was towed. Troopers didn't take pictures of the scene.

Woods was set to host and play the Chevron World Challenge on Monday at Sherwood Country Club in Thousand Oaks, California. Woods has won the tournament -- which helps raise money for Tiger Woods Foundation programs -- four times.

No matter how good of a driver you think you are, stuff like this happens. That is why it is important to always wear your seatbelt. Even in single car accidents, Florida insurance allows you to recover a portion of your medical bills and lost wages if you have PIP insurance. Also, under certain circumstances, where another unidentified car is involved which left the scene, you also may be able to recover for your injuries if you have elected to purchase uninsured motorist coverage.

Continue reading "Tiger Woods injured in Florida car accident" »

The question of brain injury resulting from concussions, which has for years been seen in victims of car accidents, has now become an issue for the National Football League. Even professional athletes wearing helmets are capable of sustaining a concussion resulting in brain damage.

Two members of National Football League's medical committee studying the effects of concussions recently quit after the players' union complained about their bias toward minimizing the impact of these types of injuries to the brain.

The NFL, according to a recent memo, is looking into modifications to rules and equipment to reduce head injuries. Teams are now required to hire independent neurologists who must concur with a team physician's decision to allow a player to return to the field after a concussion.

Last month the U.S. House Judiciary Committee held a hearing on head injuries in football, with Goodell and players' union Executive Director DeMaurice Smith among those testifying. Smith told Congress that the NFL ignored a decade of research showing a connection between on-field injury and post-career mental illness.

Pittsburgh Steelers all-pro quarterback Ben Roethlisberger is a recent example of the increasing attention paid to concussions. Roethlisberger is now feeling better and without symptoms after sustaining a mild concussion in the November 22 loss to the Kansas City Chiefs. He is expected to play November 29 against the Baltimore Ravens according to coach Mike Tomlin. Since 2006, Roethlisberger had three other concussions. "The battery of tests that he took showed that he showed no symptoms," Tomlin stated. "We'll continue to monitor his condition and where he is on a day-to-day basis and let that guide our decision-making."

With professional players becoming bigger, stronger and faster, violent collisions in football are occurring with ever more frequency. In the past, the NFL has tried to downplay the brain damage that can result to players from concussions. However, there have been a number of documented instances of former NFL players who developed symptoms of brain damage after sustaining concussions during their playing days. The NFL Players Association has taken up this cause of brain injury resulting from concussions, forcing the league to respond. The resignation of the two members on the committe is the just initial response by the league. Expect to see rule changes increasing the penalties to players who deliver blows to the head.

This issue of brain injuries resulting from concussions to professional football players, brings us back to the damage that can result to people in car accidents who suffer concussions. In the right type of impact, the trauma to an accident's victim head can be similar to that sustained in football and this person is not even wearing a helment. It is important following any accident where there is a trauma to the head, automobile or otherwise, that the injured person follow up with the appropriate medical treatment which may include CAT scans of the head.

Continue reading "Brain Injury from Concussions now a Priority with NFL" »

The Florida Highway Patrol has issued a warning to motorists: The Florida Highway Patrol will remain on high alert during this holiday weekend. Even troopers ordinarily assigned to administrative duty will be on road patrol.

The Thanksgiving holiday period has been traditionally been one of the deadliest times of the year. Drivers and Dade and Broward Counties can expect to see their share of drunken motorists, speeders and aggressive drivers. As a result of economic recession that we have been experiencing, some travelers are opting to drove rather than fly. AAA predicts that, nationwide, the number of drivers going more than 50 miles from home by automobile will increase 2.1 percent to 33.2 million.

There were more fatalities -- 52 -- during the five-day Thanksgiving break than for any other holiday in 2008. New Year's Day was second with 42 deaths. About half of 2008's Thanksgiving-break deaths were alcohol-related.

Troopers also will be on the lookout for drivers who are not properly fastening their children in safety seats or seat belts.

Continue reading "Heavy car traffic during holidays increases accidents on Florida's roads." »

A massive recall of 2.1 million cribs in the United States and Canada has been announced by federal regulators and a Canadian company because of the risk of suffocation and fall.

The U.S. Consumer Product Safety Commission (CPSC), in conjuction with Stork Craft Manufacturing Inc. of British Columbia announced the recall of Stork Craft drop-side cribs made in Canada, China and Indonesia. Some of the Stork Craft drop-side cribs bare the Fisher-Price logo.

The CPSC has issued an advisory to parents and caregivers to immediately stop using the recalled cribs, wait for the free repair kit, and do not attempt to fix the cribs without the kit. In the meantime, parents should seek a new bed for their baby. Consumers are instructed to contact Stork Craft to receive a free repair kit that converts the drop-side on these cribs to a fixed side.

According to the CPSC, the drop-side plastic hardware is defective and can break. Also, the drop-side can accidentally be installed upside-down, which can result in broken or disengaged plastic parts. Government regulators said that these defects may result in the drop-side becoming detached. This can create a space between the drop-side of the crib and the mattress. Infants and toddlers can become trapped in that space, possibly leading to suffocation. If the drop sides complete detach, babies can fall out of the crib.

The recall affects Stork Craft drop-side cribs and Stork Craft drop-side cribs with the Fisher-Price logo and that have plastic trigger and one-hand-system drop-side hardware.

•Stork Craft drop-side cribs manufacturing and distribution dates: Between January 1993 and October 2009.
•Stork Craft cribs with the Fisher-Price logo manufacturing dates: Between October 1997 and December 2004.

The following stores sold the recalled cribs from January 1993 through October 2009 for between $100 and $400:

•BJ's Wholesale Club
•J.C. Penney
•Kmart
•Meijer
•Sears
•USA Baby
•Wal-Mart
•Amazon.com
•Babiesrus.com
•Costco.com
•Target.com
•Walmart.com

For more information on Crib Safety, visit CPSC's Crib Information Center.

In these difficult economic times, a number of parents have purchased used cribs. Often times, these purchasers do not know the store that it was purchased from or the manufacturer. If you have purchased a used crib (or even a new one) it is absolutely critical that you immediately examine the crib to determine if it is within the recall. When your child's safety is concerned, you cannot be too careful!

Continue reading "Massive Crib Recall Announced" »