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crimeCriminal attacks can often form the basis for a personal injury civil claim. If you or someone close to you has been injured by a criminal attack on the property of a business, you may be able to seek compensation for your harm. At the Law Offices of Robert Dixon, our experienced personal injury lawyers will work diligently to seek the justice and compensation you deserve. We are here to answer your questions and address your concerns.

Whether it is a hotel, retail plaza, gas station, or apartment complex, property owners have an obligation to ensure that the premises are in a reasonably safe condition. This includes the duty to protect customers from foreseeable criminal attacks on their premises. Consider the following examples:

  • Hotels, including the hotel parking lot, must have adequate security to protect guests and their property from assault, theft, and other crimes.
  • Banks should have enough guards for the location and size of the branch.
  • Gas stations must make sure that their customers can pump and pay for gas without being attacked.
  • Landlords and property managers must provide residences with the right amount of security based on the crime rate in the neighborhood.

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casinoEach year, a number of people from all over the world visit Florida casinos to experience the thrill of gambling. Casinos can be fun and vibrant places, but they can also be crowded and potentially dangerous. The unfortunate reality is that accidents occur in casinos quite often. If you or a loved one has been injured at a casino due to negligence, we can help. At the Law Offices of Robert Dixon, our Miami premises liability attorneys provide aggressive representation to each and every client.

Casino accidents can take place in a variety of ways, including slip and fall accidents (due to a wet floor, an uneven floor, or unsafe stairs or walkways), dangerous conditions such as obstacles or hazards on the floor, elevator and escalator accidents, inadequate security on the property leading to assaults, or bouncers at clubs being too rough with guests.

Premises liability is a legal theory that holds property owners responsible for accidents and injuries that take place on the property. The duty that a property owner owes a visitor depends on the status of the visitor. In Florida, property owner-visitor relationships fall into one of three categories:  1) invitees, 2) licensees, or 3) trespassers.

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helicopterHelicopter rides can be a great source of fun as well as a way to travel from one place to another. In Florida, individuals can enjoy scenic flights over certain cities and view the state’s most famous attractions. If you have been injured in a helicopter accident that you believe was caused by someone else’s negligence, you should contact one of our skilled Miami injury attorneys as soon as possible. We can assess the merits of your case and help you seek the compensation you deserve.

When a helicopter accident takes place, it is important to examine the situation thoroughly to determine the cause of the accident. The reality is that some crashes are caused by conditions that are outside everyone’s control, such as adverse weather conditions. Some helicopter accidents, however, are preventable and take place because of sheer carelessness. Helicopter crashes may be caused by a helicopter pilot’s error, a helicopter owner’s negligence, a helicopter manufacturer’s negligence, negligence by a hospital or corporation that is in charge of running the helicopter, or a maintenance company’s negligence.

Negligence is the failure to use reasonable care, resulting in damage or injury to someone else. Reasonable care refers to the obligation of every individual to act as a prudent person would act in the same or similar circumstances. In order to successfully assert a negligence claim, the plaintiff must establish the following elements. The defendant must have owed the plaintiff a duty of care, the defendant must have violated the duty of care, and the plaintiff’s injury or death must have been a direct result of the defendant’s carelessness.

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peopleThe reality is that many individuals, at some point in their lives, may experience injuries resulting from accidents. Whether it is through a car crash, a pedestrian accident, or a slip and fall, when these types of accidents take place, determining liability can be complicated. There are many complex legal theories that may be applicable. At the Law Offices of Robert Dixon, our experienced Miami injury attorneys can analyze the facts of your case and determine whether you may be entitled to compensation for your harm.

When a person is injured in an accident due to the fault of another party, the injured person can typically file a negligence claim against the at-fault party. Negligence is a failure to exercise reasonable care in one’s actions or omissions. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In order to prevail on a negligence claim, the plaintiff must demonstrate that the defendant owed them a duty of care, that the defendant breached the duty of care owed to the plaintiff, and that the defendant’s breach was a direct cause of the plaintiff’s harm.

The eggshell skull doctrine, also referred to as the eggshell plaintiff rule, is a legal theory that holds an individual legally liable for the full extent of damages sustained by a plaintiff, even if the degree of harm suffered was more than what would typically be suffered by the average person. Put another way, the eggshell doctrine states that a defendant must take a victim as he or she is, and that victim’s sensitivity or frailty is not a defense. The important principle behind this rule is the recognition that the same accident may affect different individuals in different ways.

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carIf you or someone you know was recently involved in an automobile accident that was not your fault and are now suffering from a stiff neck or a sore neck, you may have sustained whiplash injuries. At the Law Offices of Robert Dixon, our experienced Miami whiplash attorneys can diligently scrutinize the merits of your case and seek the compensation you deserve for your injuries. We strongly believe in holding negligent parties responsible for the harm that they cause.

According to the Mayo Clinic, whiplash is a neck injury due to forceful, rapid, back and forth movement of the neck, like the cracking of a whip. Put another way, whiplash is a soft tissue neck injury that is typically sustained when a person’s head is suddenly jerked backwards and then forwards. This type of injury most often takes place during a rear-end car accident. However, semi-truck accidents, workplace accidents, slip and falls, assaults, and other catastrophic events can also cause whiplash injuries.

The Institute for Highway Safety (IIHS) has found that neck pain resulting from whiplash is the most commonly reported injury related to insurance claims in the United States. In fact, IIHS data reveals that approximately 66 percent of all claimants who filed bodily injury liability coverage in 2002 claimed neck injuries. Other estimates indicate that there are about 120,000 annual incidents of whiplash in the United States.

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gunAccidental gun shootings can seriously injure or even kill unsuspecting victims. In such instances, the gun owner may be subject to criminal and civil liability. At the Law Offices of Robert Dixon, a Miami injury attorney can help you file a civil lawsuit against the at-fault party. As with any case, it is important to investigate the facts and determine what happened as quickly as possible. You can trust that we will work hard to pursue a favorable result for a client.

According to the Centers for Disease Control and Prevention (CDC), in 2013, there were about 73,505 nonfatal firearm injuries, 11,208 homicides, and 21,175 suicides through gun use. Over 500 of these deaths were due to the accidental or negligent discharge of a firearm. Common causes of accidental gun shootings include improper storage of handguns, gun user negligence, misfires, alcohol or drug related shootings, mechanical failure, or product failure.

Under Florida law, a party is negligent when he or she fails to exercise reasonable care, resulting in an injury to someone else. Reasonable care refers to the obligation to act as a prudent person would act under the same or similar circumstances. As a result, establishing negligence requires showing the following four elements. The defendant owed the plaintiff a duty of care, the defendant breached this duty, the plaintiff’s harm was a direct result of the defendant’s breach, and reasonably quantifiable damages arose.

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hospital

When you go to see a doctor, you expect to receive a diagnosis and a treatment plan that you can trust. Unfortunately, this doesn’t always happen. In fact, medical malpractice is common in Florida and throughout the United States. Medical malpractice takes place when a patient is injured due to a medical professional’s failure to exercise reasonable care. Put another way, medical malpractice may have occurred if your injury took place because a health care professional failed to act as a reasonably prudent medical professional in the same specialty would have acted under those circumstances. This is clearly outlined in the law. But not all potential medical malpractice cases can be neatly analyzed under this rule. What happens when misconduct takes place after a person has died?

This was the question addressed by the Texas Supreme Court in Christus Health v. Carswell. In that case, the plaintiff’s husband was admitted to the defendant hospital with issues regarding pain. A physician at the hospital initially prescribed narcotics, which were stopped when the patient had an adverse reaction to the medication. A subsequent health care provider once again gave the patient the same medication, due to the fact that the patient was complaining about severe pain. Shortly afterward, the patient died.

Based on these facts, the plaintiff filed a medical malpractice claim and asked for an autopsy to be conducted. She was told that her request was denied. However, some time later, an autopsy was done, but it failed to include a toxicology screening. The plaintiff claimed that this failure left her with no answers as to whether or not her husband died from a drug overdose or whether the adverse reaction he had to the narcotics was a contributing factor in his death. She amended her complaint to reflect these facts.

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car accident

When multiple parties are involved in an automobile accident, apportioning liability can be difficult. If you have been injured in a car wreck, it is important to seek the help of a skilled Miami attorney who can assess the merits of your case. You can trust that we will try to get you the compensation you deserve for your harm. At the Law Offices of Robert Dixon, we understand the nuances of personal injury law and can apply this knowledge in your case.

Florida is a pure comparative negligence state and also adheres to something known as the Fabre doctrine. Under the principle of pure comparative negligence, your recovery will be limited by the amount you were responsible for the accident. For example, if you are suing another driver, and you are found to be 20% at fault, your damages will be decreased by 20%. In other words, you will only be permitted to recover an award of 80% of your total monetary damages. In this manner, the doctrine of comparative negligence apportions negligence among the different parties involved in the accident.

Some time ago, the Florida Supreme Court established what is known as the Fabre Doctrine, which is a method by which a defendant may try to blame all or part of your damages on some other individual or entity, a non-party to the lawsuit, thereby avoiding being forced to pay all or part of your damages.

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phoneEarlier this month, a St. Petersburg resident says his Samsung Galaxy Note 7 was charging in the car when it caused a fire, ultimately setting his jeep ablaze. The vehicle was totaled. This was just one of many incidents that prompted Samsung Electronics Co. to announce a massive recall of 2.5 million Galaxy Note 7 devices in 10 countries and other markets where phones have been shipped. The recall comes as a result of faulty batteries, which have led to some of the phones exploding while charging.

Target and Amazon have stopped selling the Note 7 and are working with Samsung to replace the phones already sold. Best Buy, AT&T, T-Mobile, and Sprint have also stopped sales of the device during the recall process. The Federal Aviation Authority (FAA) warned passengers not to charge the device during flights or even put it into the checked baggage. In addition, the United States Consumer Product Safety Commission advised consumers to stop charging and using the device.

Samsung, like other manufacturers, has a legal responsibility to ensure that its products are safe for their intended purpose. Unfortunately, this recall highlights how defective products can pose real dangers to consumers. If a faulty Note 7 has injured you or someone you know, you may be able to file a product liability claim against Samsung.

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makeupFor many women, using cosmetic products is part of their daily routine. While in most cases individuals are able to use makeup without incident, there are cases when manufacturers and sellers put dangerous cosmetics into the hands of users. If you or someone close to you has suffered an injury due to a recalled or hazardous cosmetic product, we can help. At the Law Offices of Robert Dixon, our attorneys are knowledgeable in product liability law and can put our skills to use in your case.

Under federal law, a “cosmetic” is defined as an article intended to be “rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body…for cleansing, beautifying, promoting attractiveness, or altering the appearance.” As a result, the term encompasses moisturizers, make-up, shampoos, toothpaste, nail polish, and the like.  All cosmetics must comply with certain federal regulations, such as the ones set forth by the Food and Drug Administration (FDA).

Injuries from cosmetic products can range from allergic reactions to infections and dermatological conditions. These conditions can leave victims to deal with extensive medical treatments, lost wages, and disabilities, as well as long-term emotional distress. According to the FDA, only three percent of all cosmetic products have reports sent to the FDA regarding injuries to the consumer. Approximately 1,000 dangerous chemicals have been found in cosmetic products sold in the United States.

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