Articles Posted in Negligence

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pillsWhile medications are used to heal, they also have the potential to cause harm if not properly administered. Unfortunately, medication errors are common both in general practice and in hospitals. If you or someone close to you has been adversely affected by a medication error, you need to speak to a skilled Miami medical malpractice attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, you can rest assured that we are dedicated to examining your case and determining your legal rights and options.

A recent report published in the journal The Consultant Pharmacist highlights the importance of a comprehensive medication review after a patient was prescribed the wrong medication for over 10 years. The case involved a 69-year-old patient with paranoid schizophrenia who was brought to the emergency room following violent behavior against staff at the nursing home facility where he lived. At that time, a transcription error had occurred – a prescription for one drug was deleted, and another drug was added. During a subsequent hospitalization, the error was not discovered, but instead the dose of the wrong medication was increased.

Unfortunately, this story is not unique. Since the year 2000, the United States Food and Drug Administration (FDA) has received more than 95,000 reports of medication errors throughout the country. The FDA defines a medication error as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer.” Medication errors can happen in a number of ways, including when the wrong medication was prescribed or given, the wrong dosage was given, the wrong directions for use were provided, or a mix of medication was administered that is dangerous when combined.

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distracted drivingDistracted driving accidents can lead to life-altering injuries. If you or someone close to you has been injured in an accident caused by a driver who was texting and driving, it is imperative to consult a skilled Miami distracted driving accident attorney who can assess the merits of your case.

Earlier this year, a study revealed that Florida ranks second only to Louisiana for distracted driving. According to EverQuote, Inc., an online insurance firm that released the study, 92 percent of drivers nationwide with cell phones used them while in a moving car. Texting while driving is one form of distracted driving that causes numerous accidents in Florida and throughout the country. The National Safety Council found that almost 330,000 injuries take place each year from accidents caused by texting and driving across the United States. In fact, 1 out of every 4 car wrecks in the U.S. is caused by texting and driving.

While drivers may think that the distraction stops after they send a text, the reality is that distraction lingers for some time afterwards. A study by the American Automobile Association found that a driver’s mind remains distracted for nearly half a minute after simply sending a text, rather than on driving their vehicle. Researchers refer to the post-cellphone use as inattention blindness, which blocks out other stimuli on the road, such as cars, traffic signs, and even pedestrians.

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roadWhen we get behind the wheel, we expect to drive on roads that are safe and free of hazardous conditions. Unfortunately, when roads are not properly maintained, they can lead to serious accidents and injuries. If you have been injured in an accident caused by a design defect in the road, you may be able to seek compensation for your harm. At the Law Offices of Robert Dixon, our Miami injury attorneys can use our resources and experience to help you navigate the legal process.

Poor design, shoddy construction, and insufficient maintenance can cause or contribute to serious accidents. Other dangerous issues on the road that can cause collisions include but are not limited to:

  • Steep embankments;
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rainHeavy winds, rain, and flooding that take place during a tropical storm or hurricane in Florida are nothing to take lightly. These weather conditions often lead to serious car accidents that result in long-term injuries and even death. If you or someone close to you has been injured in a weather-related accident in Florida, you need to reach out to a skilled Miami auto accident attorney who can evaluate the facts of your case. You can rest assured that we will advise you on a sensible course of action so that you can get the compensation you deserve for your harm.

Each year, there are 5,870,000 auto accidents across the United States. According to the United States Department of Transportation Federal Highway Administration, approximately 23 percent of those accidents are caused by hazardous weather and poor visibility. This means that over a million crashes a year are weather-related. Weather-related crashes are defined as crashes that take place in adverse weather, such as rain, sleet, snow, fog, severe crosswinds, blowing sand, or slick pavement. The National Highway Traffic Safety Administration found that almost 6,000 people are killed each year and over 445,000 are injured in weather-related crashes on an annual basis.

Tropical storms and hurricanes can create dangerous conditions due to the following factors:  poor visibility, decreased traction on road surfaces, lane obstructions, and lane submersions. These factors significantly increase the potential of an accident. When adverse conditions exist, it is the responsibility of each motorist to use additional care behind the wheel. For example, drivers should keep their headlights on and maintain a firm grip on the steering wheel at all times. Drivers should also move slowly and give other drivers plenty of space. Of course, if a motorist is caught in the center of a tropical storm or hurricane, there may be some things that are out of a motorist’s control, no matter how much care and caution that motorist uses.

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apartmentAirbnb has become a popular option for travelers in Florida, the United States, and even the world. Cheaper accommodations and increased privacy are just some of the reasons people choose Airbnb over traditional hotels. While most people stay at these properties without incident, the reality is that accidents do happen. If you have been injured at an Airbnb property, you need to reach out to a seasoned Miami premises liability attorney who can protect your rights. At the Law Offices of Robert Dixon, we will look into the facts of your case and come up with a legal strategy accordingly.

Airbnb is an online community marketplace that connects people looking to rent their homes with individuals looking for accommodations. Since Airbnb’s founding in 2008, 140 million guests have stayed at these properties. In cities like Paris, San Francisco, and Seattle, the size of the host-and-guest community in 2016 approached or exceeded 20 percent of the population. In 2016, the company reported more than 750,000 guests in Florida.

As with any other type of property, people can get injured at these short-term rentals. The types of injuries that can occur include:

  • Slip, trip, and fall accidents;
  • Electrical fires and burns;
  • Poor lighting causing accidents;
  • Broken furniture or cabinets injuring guests;
  • Broken stairs or steps causing falls or traumatic injuries; and
  • Broken tiles or pavers leading to injuries.

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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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