Articles Posted in Accidents

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Unfortunately, each day people in Florida and throughout the United States are injured in accidents. In serious cases, accident victims are partially or completely paralyzed. At the Law Offices of Robert Dixon, we understand the devastating financial, emotional, and physical consequences that paralysis can have on an accident victim and their entire family. While no amount of money can make up for the harm, compensation can help provide the medical support and resources needed for a stable life.

Spinal cord injuries can result in either partial or complete paralysis. Paralysis of the lower extremities is known as paraplegia, whereas paralysis of both the arms and legs is known as quadriplegia.

Paralysis can happen in a variety of ways, including motor vehicle accidents, slip and fall accidents, medical malpractice cases, and acts of violence. The Mayo Clinic reports that motor vehicle accidents are the leading cause of spinal cord injuries in the United States, accounting for over 35 percent of new injuries each year. According to the United States Centers for Disease Control and Prevention, approximately 20 percent of all spinal cord injuries are caused by fall accidents.

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In Wallen v. Tyson, a Florida man was killed in a car accident. After the incident, the other motor vehicle driver filed a lawsuit against the decedent’s estate. The estate offered the driver a $12,000 settlement, which included a release of liability for all claims arising out of the accident. The document stated that it was not a ‘general’ release and indicated that the driver could seek damages from any person except for the personal representative of the decedent’s estate. The driver supposedly ignored the settlement proposal and went straight to trial.

At trial, the driver was awarded an amount of $13,000. The court reduced this amount by approximately $3,800 for payments that were made beforehand by his insurer.

The plaintiff moved to strike the settlement proposal, alleging it was vague and unenforceable. The trial court struck the proposal, stating that the language pertaining to the release was too vague and ambiguous. The clause at issue was one that stated that the plaintiff was open to any suggested changes to the release. The trial court reasoned that by having a release clause but saying that the clause was negotiable, the clause essentially failed to inform the plaintiff of “any of the release terms.”

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Trees can be a beautiful sight in Florida parks and on private property. However, falling tree branches, exposed roots, and inadequately maintained trees can cause serious injuries to individuals. If you are injured in a tree accident, it is important to seek the help and guidance of a qualified Miami injury lawyer. We can assess the merits of your case and determine whether or not you have a viable legal claim.

When large trees or branches fall on individuals, they can cause injuries such as traumatic brain damage, broken ribs, broken bones, back injuries, fractures, neck injuries, and partial or total paralysis. These injuries can require extensive medical treatment. The most serious tree accidents can result in death.

An individual who has been hurt in a tree accident may be able to take legal action against the property owner or entity that controls the property. These accidents typically fall in the legal category of premises liability. Under Florida law, property owners have a duty to maintain their premises in reasonably safe conditions. This includes tending to trees that may be a hazard to others.

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Every year, a number of people in Florida and throughout the United States are injured and killed in side impact collisions. Side impact accidents can change lives in an instant. If you’ve been injured in a side impact collision that was not your fault, it is important to speak to a qualified Miami injury attorney who can assess the merits of your case and help you get the compensation you deserve for your harm. Often referred to as a “T-bone accident,” side impact collisions occur when one vehicle collides with the side of another. The United States Office of Health, Safety, and Security estimates that side impact crashes are responsible for over 9,000 deaths every year. In fact, one out of every four automobile accident fatalities in the United States is due to a side impact collision. The only other type of collision that results in more deaths on an annual basis is head on collisions.

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Earlier this month, an appellate court in California heard a case involving a woman who was injured while working out at a 24-Hour Fitness location. According to the court’s opinion, the woman was injured when the back panel of a workout machine came loose and fell, hitting her in the head. As a result, she suffered a traumatic brain injury. She filed suit against the gym, alleging several claims. However, relevant to this appeal was the woman’s claim of gross negligence.

The Case at Trial

At trial, 24-Hour Fitness claimed that they were not grossly negligent because they had hired a technician to perform routine maintenance on all the facility’s machines. However, 24-Hour Fitness was not able to bring this employee to court because he no longer worked for the company and could not be located. Instead, they had two other employees testify, but these employees did not have the exact knowledge of when the machine at issue was last serviced.

The gym argued for early dismissal, claiming that there was no possible way it could be grossly negligent under the facts given. The plaintiff argued that, absent evidence of specific maintenance that was performed on the machine, the court should allow the case to continue forward to trial. The judge sided with the defendant gym and dismissed the case before it reached trial.

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If you or someone close to you was injured in a rollover accident, we can help. Rollover accidents can have devastating and long-term consequences for everyone involved. At the Law Offices of Robert Dixon, our skilled Miami accident attorneys have helped many South Florida clients seek the justice and compensation they deserve for their harm. We can diligently investigate the facts of your case and try to hold the at-fault party accountable.

Rollover accidents happen for a number of reasons, ranging from a driver making a dangerously sharp turn to being hit by another vehicle. The National Highway Traffic Safety Administration (NHTSA) estimates that 55 percent of fatalities in a single-car crash involved rollovers. The NHTSA also reports there are approximately 280,000 rollover car accidents each year in the United States. In some years, rollover accidents have caused up to 10,000 deaths.

Rollover accidents are often caused by the negligence of another driver. Negligence refers to the failure to exercise reasonable care when driving. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. As a result, what is considered reasonable will vary depending on the situation. For example, an SUV driver who makes excessively sharp turns at high speeds would be considered negligent if he caused a rollover accident and the resulting harm in this manner.

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If you’ve been involved in a serious car wreck in Florida, you understand how terrifying it can be when the airbags deploy. While airbags are designed to protect individuals in the event of an accident, they often injure and in some cases even kill drivers and passengers. If you’ve been injured due to an airbag, or you’ve lost a loved one due to an airbag, we can help. We will work diligently to figure out what happened that caused the injury or death. At the Law Offices of Robert Dixon, our Miami personal injury attorneys believe in holding negligent parties responsible for the harm they cause.

Airbag injuries can range from eye injuries to burns, broken bones, ear injuries, and more. The sheer impact of the airbag coming out of the dashboard at such high speeds can cause serious harm to an individual. There are a number of reasons airbags can cause injury rather than help protect an individual. Airbag defects and failures include failure to deploy during an accident, deploying late and causing additional damage, and accidental deployment, which can cause a driver to lose control of his or her vehicle.

If you were injured as a result of an airbag, you may be able to file a lawsuit against the airbag manufacturer, the vehicle manufacturer, or the car dealership that sold the car. Airbag accident cases are often pursued under the legal theory of product liability, under which a product manufacturer or anyone in the chain of commerce may be liable for placing a hazardous or faulty product into the market that causes injuries or accidental death.

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Florida weather lends itself to many outdoor activities almost all year round, including roller skating and skateboarding. While these activities offer a thrill, roller skating and skateboarding accidents can lead to serious injuries. Even with protective gear, the risk of injury comes from the speed and body exposure involved. If you’ve been hurt in a roller skate or skateboard accident, you may be able to seek compensation for your harm.

In the state of Florida, there are certain laws that individuals must follow when they are operating roller skates of skateboards.

Generally, no individual on roller skates, or riding on any coaster, toy vehicle, or similar device, may go upon any roadway unless it is to cross the street on a crosswalk. When that individual is crossing, such a person is granted all rights and is subject to all duties applicable to pedestrians.

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In the case of Gozleveli v. Kohnke, Florida residents Tamer and Farideh Gozleveli purchased two new jet skis for their family to use –  including their adult son, Aydin. In February of 2012, Aydin, his friend Ryan de la Nuez, and Karen Kohnke met up to ride the jet skis. For most of the excursion, Ryan operated one jet ski, while Kohnke rode as a passenger. Aydin operated the other jet ski. Sometime later, Ryan allowed Kohnke to take over and drive the jet ski he was originally operating. Aydin did not initially realize that Kohnke was driving. However, when he did notice, he did not take any actions to demand that Ryan drive instead of Kohnke. Aydin eventually asked Kohnke to follow him home.

On their way back, Kohnke allegedly lost control of the jet ski and crashed into a nearby dock. The accident led to the woman suffering a number of serious injuries. In fact, Kohnke had to spend two months in a medical facility to recover. Subsequently, she filed a negligent entrustment claim against Aydin in the Southern District of Florida.

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If you or someone close to you has been injured in an all-vehicle terrain (ATV) accident, you may be entitled to compensation for your harm. Whether you were hurt due to an ATV manufacturing defect or the negligence of another ATV driver, we can help. At the Law Offices of Robert Dixon, our experienced Miami personal injury attorneys can help you recover the damages you deserve for your injuries. With years of experience, we have helped countless Florida clients resolve their injury claims and can help you too.

ATV accidents can take place in a variety of ways. Individuals are not required to have a driver’s license to operate an ATV. As a result, people often operate ATVs for amusement in rural areas with little or no prior training. This inexperience can lead to serious accidents and injuries. Other causes of ATV accidents include drivers failing to obey laws, trying to perform stunts, allowing more riders on the ATV than it can handle, malfunctioning equipment, and more.

If the ATV accident was caused by a design or manufacturing flaw, the manufacturer or seller may be liable under products liability law. A product is considered to have a design defect when there is a defect built into the design of the product. For example, an ATV may be designed with a flaw that makes it unreasonably dangerous. A product is considered to have a manufacturing defect when the product is created in a way that departs from the intended design. Manufacturing defects normally take place due to a blunder in the making of the product.

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