Articles Posted in Negligence

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law booksUnfortunately, people in Florida are injured in accidents all the time. If you or someone close to you has been hurt in an accident caused by someone else’s negligence, you may be able to recover compensation for your harm. If you find yourself in a lawsuit, however, you could be faced with a motion for summary judgment, which is a request to end a case without a trial. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys understand how to navigate these types of cases, including how to use and respond to certain procedural devices in the case, like motions for summary judgment.

In law, a motion for summary judgment is filed by an opposing party and claims that you cannot win your case because there is no legal dispute or because your claim is without merit. Also sometimes known as ‘judgment as a matter of law,’ summary judgment is a method to decide an issue or an entire case without going to trial. Failing to respond to a motion for summary judgment can result in your case being dismissed or a judgment being entered against you.

Under the Florida Rules of Civil Procedure, a party is entitled to summary judgment only when there is “no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law.” The court will grant summary judgment if one side presents undisputed facts that entitle that side to win because of the existing law relating to that issue. Put another way, in order for summary judgment to be appropriate, the moving party must establish that the opposing party cannot win, even if all credibility conflicts are resolved in the opposing party’s favor. For example, if a jurisdiction requires the plaintiff in a medical malpractice claim to produce an expert witness to establish his or her case, summary judgment may be appropriate if that plaintiff cannot produce a qualified expert.

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crushed fingersCrush injuries are some of the most painful and devastating injuries a person can suffer. If you have sustained a crush injury in an accident that was not your fault, you may be able to recover compensation for your harm. With years of experience, our diligent Miami personal injury lawyers are prepared to represent you in all aspects of your case. At the Law Offices of Robert Dixon, we can provide the advocacy and legal counseling you need to deal with a crush injury. Filing a claim is time-sensitive, which means it is imperative to contact a lawyer as soon as possible after your injury.

A crush injury typically occurs when force or pressure is put on a body part, causing that body part to be crushed. This most often happens when part of the body is squeezed between two heavy objects. For example, a person’s arm could be crushed if elevator doors shut on it. Another example would be if a big rock or boulder fell on your foot, crushing it. The injuries resulting from these kinds of accidents can range from minor bruising to severe crushing that could result in amputation and even death. Other consequences of crush injuries can include lacerations, fractured bones, nerve damage, compartment syndrome, and paralysis.

If you have suffered a crush injury because of someone else’s actions, you should file a negligence claim against the at-fault party. To establish negligence, the victim must show that he or she was owed a duty of care, that the defendant breached the duty of care, and that the victim’s injuries were a direct result of the defendant’s breach. The duty of care refers to each person’s obligation to use the level of care and caution that a reasonably prudent person would use in the same or similar circumstances.

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scalesCareless conduct causes injuries and even deaths in Florida and across the United States on a daily basis. If you or your loved one has been hurt in an accident caused by someone else’s negligence, you need to reach out to a seasoned Miami accident attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we have years of experience and know how to establish fault in personal injury cases. You can trust that we can uncover the facts of your case and determine the viability of your claim.

Most personal injury cases are rooted in the theory of negligence. Negligence occurs when a person is injured or killed due to another party’s failure to use reasonable care. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In order to establish negligence, the injured party has to demonstrate the following elements:  i) the at-fault party owed a duty of care to the accident victim; ii) the at-fault party breached the duty of care owed to the accident victim; and iii) the at-fault party’s breach was a direct and proximate cause of the accident victim’s injuries. In some cases, negligence takes place when a person fails to act when there is a duty to do so.

The burden of proof in negligence cases falls on the plaintiff, who must show negligence by a ‘preponderance of the evidence.’ Under this standard, also known as the ‘greater weight of the evidence’ standard, the party who has the more persuasive and convincing force and effect of the evidence in the case will prevail. Another way to think about this standard is to think about the scales of justice – if the plaintiff’s evidence outweighs the defendant’s evidence, even by a marginal amount, the plaintiff will win the case. Essentially, the plaintiff must prove that their assertions are more likely true than not. If they have proven the case to a 50.1 percent degree of certainty, they will succeed. However, if the plaintiff cannot reach this threshold, the defendant will win.

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injuryIf you have been hurt in an accident caused by someone else’s negligence or wrongful act, you need to reach out to a skilled Miami personal injury attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we are committed to helping our clients understand their rights and helping them secure the compensation they deserve for their harm.

Negligence is a fundamental concept in personal injury cases. Personal injury cases are a way for people to be compensated for the wrongdoings of a third party that culminated in their sustaining an injury. Examples of serious accidents include car accidents, truck accidents, motorcycle accidents, pedestrian accidents, defective product incidents, medical malpractice, slip and falls, and construction accidents.

Personal injury cases are typically rooted in the theory of negligence. Negligence takes place when an individual causes an injury or death by failing to use reasonable care in their actions. Reasonable care is defined as how a prudent person would act under the same or similar circumstances. It is important to note that negligence can also occur when a person fails to act when he or she had a duty to do so. In order to establish negligence, the plaintiff must establish:

  • The defendant owed the plaintiff a duty to use reasonable care;
  • The defendant breached the duty;
  • The defendant’s breach was a direct and proximate cause of the accident and the plaintiff’s resulting damages.

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bikeRiding a bicycle is a great way to stay active and healthy. It is also an environmentally friendly form of transportation. Unfortunately, even when there are designated bike lanes, a number of people are injured in bicycle accidents in Florida and throughout the United States each year. If you or someone close to you has been injured while riding a bike in a bike lane, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our skilled Miami bicycle accident attorneys are committed to holding negligent parties accountable for the harm that they cause.

Sadly, Florida leads the country in bicycle deaths. According to the Centers for Disease Control and Prevention, Florida ranks first in the top 10 states for bicycle fatalities with 0.57 deaths per 100,000 people. In 2015, there were 120 people killed on bicycles in Florida, accounting for 16.5 percent of all bike deaths in the nation.

A bike lane is a lane on the road that is specifically marked for bicycle use. Under Florida Statute 316.2065, when there is a designated bike lane, cyclists must ride in that lane except for certain reasons. If there is no bike lane, a bike rider does not necessarily have to use the sidewalk even if there is one present. In Florida, a bicyclist has every right to use the street in Florida. If a bicyclist does decide to use the road, however, he or she must ride as close to the right hand curb or edge of the roadway as possible.

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sidewalk

We tend to think of sidewalk accidents involving slip and falls or falling objects. However, people in Florida and throughout the United States have been injured when vehicles have come crashing onto the sidewalk. If you or someone close to you has been hit by a car while on a sidewalk, you could have grounds to pursue a claim against the at-fault party. At the Law Offices of Robert Dixon, our Miami pedestrian accident attorneys can take care of the legal process so that you and your family can focus on recovering.

According to the Centers for Disease Control and Prevention (CDC), 5,376 pedestrians were killed in traffic crashes in the United States in 2015. This averages to one crash-related pedestrian death every 1.6 hours. In addition, the CDC found that about 129,000 pedestrians were treated in emergency departments for non-fatal crash-related injuries in that same year. Pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash on each trip. This makes sense because there is no steel cage protecting pedestrians in the same way there is for passenger vehicle occupants.

Negligent drivers not only affect those driving on the road, but also they can affect pedestrians on the nearby sidewalks as well. This is because, in the case of multiple car crashes, each car can have a different impact point and collide with nearby property and pedestrians.

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faceSerious car accidents put drivers and passengers at risk of severe, even disfiguring facial injuries. The impact of a car crash can cause broken glass or torn metal to fly into a person’s face. Facial injuries are not only physically painful; they can be emotionally traumatic and adversely affect a person’s self-esteem. If you or your loved one has suffered a serious facial injury in a motor vehicle accident that was not your fault, you need to reach out to a skilled Miami injury attorney.

A facial injury, also known as a “maxillofacial trauma,” is any type of physical trauma that affects the facial area. Common causes of facial injuries include airbags, broken glass, steering wheels, dashboards, windshields, debris, and more. Examples of facial injuries that can result from car accidents include fractures, lacerations, eye injuries, burn injuries, and soft tissue injuries.

If someone else’s negligence caused your car accident and resulting facial injury, you can file a personal injury claim against the responsible party. In the context of a car accident, negligence takes place when a person causes an injury or death to another person by failing to exercise reasonable care while driving. Reasonable care is defined as how a prudent or sensible driver would act in the same or a similar situation. In order to win on a Florida negligence claim, the plaintiff must establish the following elements:  i) the defendant owed the plaintiff a duty to use reasonable care; ii) the defendant failed to use reasonable care; iii) the defendant’s failure to use reasonable care was a direct and proximate cause of the accident and the plaintiff’s resulting facial injury; and iv) there were actual damages that can be compensated.

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angerWhile everyone should obey traffic laws, the reality is that each year, a number of people in Florida and throughout the United States get into accidents due to road rage. If you or someone close to you has been injured in a crash involving road rage, it is important to speak to a skilled Miami attorney as soon as possible. At the Law Offices of Robert Dixon, we are committed to pursuing the compensation you deserve. We understand that any incident involving road rage can be very stressful and even traumatic, which is why we will handle your case with the utmost compassion.

In Florida, aggressive driving consists of engaging in at least two of the following behaviors:  excessive speeding, changing lanes or passing improperly, tailgating, failing to yield, and failing to obey traffic signs. Road rage differs from aggressive driving in that road rage may escalate into a criminal offense, such as an assault or an incident involving a weapon. While a driver can face both criminal and civil claims, our firm focuses on helping clients recover damages through civil claims.

According to the Trace, a non-profit news organization that covers gun issues, road rage incidents involving firearms have more than doubled from 247 in 2014 to 620 in 2016. The report found that there were 1,319 road rage incidents from January 2014 to December 2016. Nationwide, at least 354 people were injured and 136 people killed in such incidents. Florida contributed the most to this tally with 146 incidents, making it the worst state for road rage involving guns.

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poolPool owners and operators in Florida have an obligation to maintain their pools to make sure that individuals who use the pool are not injured. Part of this obligation includes ensuring that pool chemicals are in check and the pool is sanitary at all times. If you or someone close to you has been injured in a pool chemical accident, it is important to reach out to a skilled Miami injury attorney who can assess the merits of your case.

The CDC has warned homeowners with swimming pools about the potential dangers caused by the improper use of pool chemicals. These dangers include poisoning as well as severe chemical burns from improperly used or mixed chemicals. The CDC found that injuries from pool chemicals led to nearly 5,000 preventable emergency room visits in 2012. Nearly half of these preventable injuries affected children and teenagers, and more than a third took place at home. Pool chemical injuries were the most common during the summer swim season, from Memorial Day to Labor Day, and almost half of these occurred on weekends.

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seatbeltSeat belts are designed to protect people but sometimes they end up injuring the very people they are meant to protect. When seat belts are faulty, they can end up causing serious and long-term injuries. If you or someone you know has been injured in an auto accident due to a defective seat belt, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our seasoned Miami personal injury lawyers can protect your rights every step of the way. We are dedicated to being zealous advocates for our clients.

According to the Centers for Disease Control, based on data from the National Highway Traffic Safety Administration (NHTSA), seat belts reduce the risk of fatal injury to front-seat car occupants by about 45 percent and the risk of moderate to critical injury by about 50 percent. In fact, the NHTSA found that seat belts prevented over 12,800 deaths in the United States in 2014.

While automobile manufacturers recognize that seat belts can save lives, they sometimes do not properly test these seat belts in high-speed situations. This is why, in some cases, seat belts can fail to serve their intended purpose at the time of the accident. Seat belts can malfunction in a variety of ways, including but not limited to:

  • Seat belts becoming unlatched during an accident;
  • Seat beats being too loose to prevent drivers or passengers from flying forward.

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