Articles Posted in Negligence

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If you have been injured and you believe you cannot sue the at-fault party because you signed a liability waiver, you need to speak to a seasoned Miami injury attorney about your legal rights and options. At the Law Offices of Robert Dixon, we understand that waivers are not always enforceable and will do our best to make sure you get the justice and compensation you deserve for your harm.

Many businesses require people to sign a liability waiver before allowing them to partake in certain activities. A liability waiver is a type of form that releases a party from liability for harm or damage that might take place under contract. In other words, the individual signing the contact “waives” his or her right to hold the other party liable for injury or losses. These agreements are common in a wide range of activities, from go karting to white water rafting. It is important to note that just because you signed a waiver does not necessarily mean you will be barred from suing in the event of an accident or injury. The general rule is that while waivers of liability can insulate businesses from liability of acts for negligence, they cannot insulate from gross negligence. A waiver may be unenforceable for a number of other reasons as well.

A Recent Florida Case Involving a Liability Release Waiver

A Florida appeals court recently discussed the parameters of a liability release waiver and if such an agreement could preclude a plaintiff from pursing a claim of gross negligence against the at-fault party. In this case, a woman signed a release and waiver of liability and assumption of risk agreement to access a restricted area of a speedway. During the race, she was killed when a tow truck backed over her. The plaintiff filed a wrongful death lawsuit against the speedway. The trial court found that the release agreement barred the lawsuit, finding that it only applied to gross negligence and pointed out that no gross negligence took place in this case.

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Elder abuse is a major problem in Florida and across the country. Discovering your loved one has been the victim of elder abuse is a devastating and emotional event. If this has happened to your loved one, you need to reach out to a reputable and hard-working Miami nursing home negligence attorneys as soon as possible. At the Law Offices of Robert Dixon, we understand how difficult these situations can be, which is why we will handle your case with the utmost compassion. You can rest assured that we are dedicated to helping vulnerable adults getting the justice and compensation you deserve.

A recent report suggests that Florida can do more when it comes to protecting its seniors from elder abuse. The study, conducted by Wallethub, compared all 50 states as well as the District of Columbia based on a variety of factors, such as share of elder abuse, gross neglect and exploitation grievances and the presence of financial elder abuse. Florida ranked 22nd on the overall list and ranked 51st in the total number of eldercare establishments and services. It also ranked last place in the total funding for long-term care Ombudsman-Programs.

Elder Abuse

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A bicycle accident can change your life in an instant. Bicyclists suffer a staggering number of injuries and deaths in accidents involving motor vehicles. If you have been injured in a bicycle accident triggered by someone else’s negligence, you need the help of an experienced and dedicated Miami bicycle accident attorney. At the Law of Robert Dixon, we are committed to providing aggressive yet compassionate representation to each and every one of our clients.

A 56-year-old Orlando cardiologist who was riding his bike was hit and killed earlier this week. The bicyclist was hit by an SUV on busy US 17-92 during morning traffic hour around 7:00 a.m. and the physician sustained fatal injuries. In fact, he was pronounced dead at the scene of the accident. The hospital at which the cardiologist worked released a statement honoring the doctor and expressing their deepest condolences to his wife and children. No details regarding the driver or the vehicle have yet been released.

Establishing Liability for Bike Accidents in Florida

Bicycle accident injuries can be more serious than other types of auto accident due to the significantly lighter weight of the bicycle and the bike’s lack of structural protection. If you were injured in a bicycle accident that was not your fault, you may be able to bring a claim for economic and non-economic damages, including medical expenses, rehabilitation costs, pain and suffering, property loss and more. This is typically showing that the motorist who caused the accident was negligent. Negligence takes place when a motorist is the direct and proximate cause of an accident and resulting injury or death because that motorist failed to use reasonable care behind the wheel. Reasonable care is defined as how a prudent or sensible person would drive under the same or similar circumstances.

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Florida is home to a number of beautiful and world-renowned golf courses. While most people operate golf carts without incident, the reality is that accidents do happen. If you were injured in a golf cart accident, you could potentially recover compensation for your injuries. At the Law Offices of Robert Dixon, our seasoned Miami personal injury attorneys understand that golf cart accidents can be just as serious as car accidents. With years of experience, we know how to help you seek recovery.

An 88-year-old man who drove his 2000 Yamaha golf cart into to the path of a Chevy pickup truck died as a result of his injuries at Ocala Regional Medical Center earlier this month. According to a report by the Florida Highway Patrol, the golf cart was traveling south on a trail adjacent to Cazaras Avenue and was struck when he tried to cross at a trail crossing without yielding. The golf cart driver was not wearing a seatbelt at the time of the accident.

Establishing Negligence for Golf Cart Accidents

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Unfortunately, train accidents are more common than you may think. In fact, every 115 minutes, a train somewhere in the United States strikes a person or vehicle. If you or a loved one has been hurt in a train accident, you may be entitled to compensation. At the Law Offices of Robert Dixon, our seasoned Miami train accident attorneys can provide aggressive representation for those injured in life-changing train accidents.

Earlier this month, an 11-year-old Florida girl died after she was hit by an Amtrak train while crossing the tracks, according to police. The girl had headphones in her ears and was looking at her cell phone when the train hit her. The train conductor tried to blow the horn and brake multiple times but could not stop in time. The girl was pronounced dead at the scene.

Train accidents have been on the rise in Florida for the past few years. There were 27 trespassers who died in Florida in 2012, 28 in 2013, 36 in 2014, and 35 in the first nine months of 2015. These figures are even higher than those for New York. According to statistics compiled by the Federal Railroad Administration focusing on train accidents in South Florida, the number of people killed on train tracks in 2017 rose when compared to previous years. Twenty-three people died in Miami-Dade, Broward, and Palm Beach Counties through September this year, compared with 14 in all of 2016. These figures include individuals being killed accidentally as well as people using the tracks for suicides.

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Limousines are often used to transport a large group of people to and from special occasions such as proms, weddings and birthday parties. Limo accidents can change a person’s life in an instant. In many cases, limo accidents lead to death. If you or someone close to you has been injured in a limo accident cause by a limo driver’s negligence, our Miami injury attorneys can help you build a solid case so you can recover the compensation you are rightfully owed for your harm.

Earlier this month, 20 people died in a limousine crash as they headed to a birthday celebration in New York. Among the deceased were four sisters, other relatives and friends. The accident occurred when the limo ran a stop sign and crashed into the parked SUV outside a store, killing all 18 people inside the vehicle, including the driver and two pedestrians on the road. It was later discovered that the limousine operating company had been cited with a variety of safety violations, and had failed an inspection. In fact, the vehicle had been declared “unserviceable” last month. In addition, the limo driver did not have the commercial license the law requires.

Liability in Florida Limo Accidents

While the incident took place in New York, limousine accidents also lead to devastating injuries in Florida. As a limousine passenger, you may have special legal protections. There are complex rules and regulations that pertain to the operation of limousines, which are considered “common carriers” under Florida law. A common carrier is defined as an individual or company that offers transportation of people or goods for money. A common carrier is held to an extremely high standard and is required to provide safe means of transportation passengers.

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Bus accidents can lead to catastrophic injuries. If you have been injured in a bus accident, you need to contact a Miami bus accident lawyer as soon as possible. With years of experience, we know how to uncover the cause of the accident and help you pursue compensation in your case. We know that it is very stressful to deal with a bus accident, which is why we will make every attempt to resolve your case with compassion.

Last week, a school bus wound up partly inside a backyard swimming pool after a separate accident involving a Jeep. The wreck took place in in the Pine Hills area where the driver of the Jeep veered to stop from hitting a lifeless cat on the road and collided into the bus, causing the bus to crash into the fence and ultimately careening into a backyard pool. The bus was carrying nine children, but fortunately no one was hurt in the wreck. The owner of the house was able to help everyone inside the bus exit the vehicle through its rear door, which stayed elevated above the edge of the pool.

Liability in Florida School Bus Accidents

Due to the sheer size and weight of buses, the injuries caused by a collision are often severe and debilitating. This is especially true on school buses where children are often young and more susceptible to harm.  In the vast majority of cases, a bus accident is caused by negligence either on the part of the bus driver or another driver on the road. Negligence is the failure of one person to take reasonable care to avoid causing injury or loss to another person. The behavior typically consists of actions but can also consist of omissions when there is some duty to act. Essentially, negligence consists of any error or inattentiveness behind the wheel that leads to a preventable accident. For instance, if a truck rear ends a bus because the truck driver was texting and driving, the truck driver will likely be liable for the resulting harm.

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Losing a loved one is devastating, but it can feel even worse when you feel like the death could have been prevented. If you feel like your loved one’s death was due to another’s negligence, you need to reach out to an experienced Miami wrongful death attorney without delay. At our Law Offices, we are here to answer your questions and address your concerns.

In the recent case of Salerno v. Del Mar Financial Service, an appeals court issued an opinion regarding what duty an employer owes an employee. Ultimately, the court determined that the employer did not owe any duty to the employee and, therefore, could not be held accountable for the employee’s death.

The plaintiff, S.S., worked as a paralegal for a financial services firm. In June of 2013, S.S. became inebriated at work from the alcohol served by the employers. She started getting agitated at other employee and had to be escorted out of the building. As a result of her behavior, her access into the building was rescinded. S.S. began walking home, which was ten miles away. As she was walking along the railroad tracks, she was hit by an oncoming train and instantly killed.

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If you or a loved one has been injured in a chain reaction accident caused by someone else’s negligence, you may have legal options and should reach out to a knowledgeable Miami car crash attorney as soon as possible. At the Law Offices of Robert Dixon, we understand that the legal process is stressful, but you don’t have to go through it alone. We are prepared to answer your questions and address your concerns in regard to your case.

Earlier this year, a Florida National Guard soldier died and five others were injured in a chain reaction crash involving military vehicles in Sebring. An initial investigation revealed that three Palletized Load System vehicles (similar to a semitrailer truck) collided in a chain reaction crash. The convoy was traveling north on the highway when the third vehicle failed to stop for a red light in time and hit the second vehicle. The driver of that vehicle sustained fatal injuries and had to be extricated from the damaged vehicles. No civilians were involved in the accident.

Chain reaction accidents, also commonly known as multi-vehicle accidents, take place when more than two cars hit each other in a chain of rear-end accidents. Unfortunately, chain reaction accidents are more common than you may think. The National Highway Safety Administration (NHTSA) found that more than 15,000 people are killed in chain reaction accidents every year, and about 57.2 percent of crashes involve two or more vehicles. In addition, a total of 12 percent of the measured crashes involved three or more vehicles. The NHTSA also reports that around 40 percent of all car accident fatalities arise from multi-vehicle crashes.

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Burn injuries can have serious and long-term consequences for a victim. Not only are these injuries extremely painful, but also they can leave terrible scars. If you or someone close to you has suffered a burn injury in an accident caused by someone else’s negligence, you may be entitled to compensation. At the Law Offices of Robert Dixon, our Miami burn injury attorneys can analyze the facts of your case and provide you with an honest assessment of your claim.

Earlier this month, an Orlando woman filed a lawsuit against McDonalds, alleging the restaurant failed to properly secure the lid of a hot coffee cup, which led to her injuries. According to the complaint, the woman was at the drive-through at McDonald’s when an employee handed her a hot cup of coffee. As the woman took a sip, the hot coffee spilled onto her. The woman claims that the spill and subsequent injuries occurred because the McDonald’s employee did not secure the lid properly. She is seeking damages for physical injuries, mental anguish, loss of earnings, and medical expenses.

This is not the first Florida case involving a hot coffee spill. Earlier this year, a Florida woman was awarded $100,000 after a 2014 incident at a Starbucks drive-thru in Jacksonville that left her physically injured. About $85,000 of the total award was for pain and suffering, and about $15,000 was for medical bills. The woman alleged that the Starbucks employee failed to fasten the lid properly, which led to the 190-degree drink spilling all over her lap, leaving her with permanent scars from first- and second-degree burns.

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