Articles Posted in Accidents

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Horseback riding is a popular leisure and sporting activity in Florida. Just as with any other sport, there are risks and dangers associated with riding a horse. Each year, a number of people are injured riding horses. While many of these injuries are considered to be an inherent risk of riding, in some instances injuries may be the consequence of the equestrian facility’s or the trainer’s negligence. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys can assess the merits of your case and provide you with an honest assessment of your claim.

Horseback riding injuries can range from mild to severe. Some common injuries include broken ribs, broken back, concussion, broken bones, paralysis, sprained joints, lacerations or contusions, loss of visibility, and more. In the most serious and tragic cases, riders can even lose their lives in horse riding accidents.

In Florida, the Equine Activity Liability Act intends to define the parameters of liability associated with equestrian activities. Under the law, equine professionals and horse-related activity sponsors are required to post caution signs on properties where equestrian activity is taking place. In addition, specific cautionary language must be present in all of the contracts used when the public interacts with horses.

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Skydiving has been a popular sport in Florida and the United States for decades. By their very nature, skydiving accidents can have devastating consequences. While these accidents are rare, there are risks involved that should be considered. If you or someone close to you has been hurt in a skydiving accident, it is important to seek the help and guidance of a reputable Miami injury attorney who can assess the merits of your case.

Skydiving accidents can take place in a variety of ways, including product defects, parachute malfunctions, cord defects, harness failures, faulty steering handles, and more. Many serious injuries or fatalities that occur through skydiving accidents can be attributed to human error or faulty equipment. As a result, individuals who have been injured in skydiving may be able to take action through a negligence claim or a product liability claim.

It is important to note that individuals almost always have to sign a waiver before they can skydive. The waiver will limit the operator’s liability in the event that something goes wrong, resulting in an injury or death. Waivers are serious legal documents and should not be taken lightly. These agreements are in place for a reason, which is why courts tend to uphold them. As a result, simple negligence is not typically enough to take legal action against the skydiving operator. Instead, the court will likely examine whether the skydiving operator acted with gross negligence.

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Burn injuries can be extremely painful and often leave permanent scars. Unfortunately, many burn injuries happen due to accidents that could have been avoided. They may be caused by fires on property, motor vehicle collisions, flammable products, and inadequate flame retardation qualities. The American Burn Association reports that over 500,000 people are treated for burn injuries each year.

If you have suffered from a burn injury due to someone else’s negligence, you can potentially pursue compensation for your harm. Negligence is the failure to take reasonable care when engaging in a particular action. Reasonable care is defined as how a prudent person would behave in the same or similar circumstances. In order to establish negligence, the plaintiff must show that the defendant’s conduct deviated from the reasonable care standard and that this deviation was the direct cause of the plaintiff’s harm.

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Unfortunately, parking lot accidents take place frequently in Florida and across the United States. With automobiles and pedestrians continuously moving around, drivers have to be especially careful in parking lots. If you’ve been injured in a parking lot accident, it is important to seek the help of a qualified Miami injury attorney who can evaluate the facts of your case.

According to the National Highway Traffic Safety Administration (NHTSA), one out of every five automobile accidents occurs in parking garages and parking lots.

While most parking lot accidents take place at low speeds, they can lead to significant damages. Parking lot accidents can happen in two ways:  when one car hits another or when a car hits a pedestrian. Even when the accident happens at a low speed, a pedestrian can suffer substantial injuries due to the sheer weight and power of the automobile. Common causes of parking lot accidents include not paying attention when backing out of a parking space, speaking on the phone while driving, or speeding in the lot.

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Each year, many people are injured and killed due to aggressive driving. Florida is one of 15 states that have enacted laws that specifically address the issue of aggressive driving. At the Law Offices of Robert Dixon, we understand these laws and can help you pursue damages from an aggressive driver that caused you harm.

According to the National Highway Traffic Safety Administration (NHTSA), 50 percent of drivers who are on the receiving end of aggressive behavior respond with a rude gesture. Reports also estimate that approximately 66 percent of traffic fatalities are caused by aggressive driving.

Aggressive driving describes a variety of unsafe driver behaviors. Florida’s Department of Highway Safety and Motor Vehicles defines aggressive driving as “violent or visibly angry behavior by a driver” that can lead to accidents or other incidents on the road. The NHTSA defines road rage as a step above aggressive driving in which one driver actually assaults another vehicle, either by using his car or by using a weapon, such as threatening with a gun.

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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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