Florida Insurance Claims Lawyer Blog

An 11-year-old was viciously attacked by a dog, causing serious injury to her face that will require ongoing medical treatment. According to an article in WPBF News, Jacklyn Tucker is undergoing hyperbaric oxygen treatments after having her upper lip ripped off by a friend's family dog. Since the attack, Jacklyn has been receiving treatment at the intensive care unit at St. Mary's Medical Center. Reports do not indicate that the little girl did anything to disturb the dog. According to Jack Tucker, Jacklyn's father, the dog was on the floor and started growling at her. Our Palm Beach injury attorneys are aware that dogs can viciously attack even when unprovoked. Children are often the victims of these incidents.

Jacklyn was bit in the lip, the nose and the side of her face. The injuries were severe, requirign at least 100 stitches and 11 staples. The little girl's plastic surgeon indicated that this is the worst dog bite that he has ever treated. Another treating doctor explained that the girl will have to undergo weeks of initial acute recovery followed by potential multiple surgeries. Even after all that treatment, it is unlikely that she will be fully recovered. At this point, there is still uncertainty if the lip reattachment procedure will work. The little girl is currently in the midst of hyberbaric treatments, which increases the oxygen to the blood as well as blood flow to the wound, allowing the wound to heal faster.

The owners of the attacking dog surrendered the animal to Palm Beach County Animal Care and Control. After its vicious attack, the dog will likely be euthanized. As mentioned in a previous post, under the Florida dog bite statute, dog owners are strictly liable for any injuries or harm caused by their pets. However, the dog owners may be relieved of a portion of the liability if the victim of the attack was negligent as well, contributing to the biting incident. In this particular case, it does not appear that the little girl provoked the dog in any way. In addition, rules about "negligence" are different for children, as the youngest children cannot ever be found to have acted negligently. Therefore, unless further investigations reveal information that might indicate that Jacklyn was a contributing factor to the cause of the incident, the owners of the dog will be held strictly liable.

As this case makes clear, dog bite injuries can be quite serious, leading to significant medical expenses and other losses. In many cases the law provides an avenue by which those hurt can receives redress for their losses.

As a result, it is imperative for victims such as Jacklyn who have suffered serious injuries that require extensive medical attention to seek legal advice in order to ensure that proper compensation and accountability are had. In our area, please contact the Palm Beach personal injury lawyer at The Law Office of Eric H. Luckman for a free consultation.

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In a bizarre accident involving the shooting of a spear, the victim miraculously survived. According to an article in the Palm Beach Post, Nasser Lopez survived the June 8 accident where he and his 15-year-old friend were relaxing at the lake near Lopez's Miami-Dade home. Lopez was swimming in the lake while his friend was manipulating a spear gun at a distance. While the friend was loading the spear gun, he touched the trigger, catapulting the three-foot long spear towards Lopez. Our Palm Beach County personal injury lawyer appreciates that accidents can occur even in the unlikeliest of settings.

According to reports, the spear accidentally fired by the 15-year-old struck Lopez and went through his skull and brain. Doctors from the University of Miami/Jackson Memorial Hospital and the Army Trauma Training staff that helped treat Lopez produced the remarkable x-ray that shows the spear protruding from the front to the back of his skull. Doctors who treated Lopez reported that the spear entered Lopez's head about an inch over his right eye and exited in the back of his head. According to neurosurgeon Ross Bullock, Lopez was able to survive this terrible accident because the spear missed all the main blood vessels of the brain. Although Lopez has miraculously survived, he has undoubtedly suffered major brain injury, causing an indefinite stay in the hospital in order for doctors to further treat him and have a better idea of the extent of his injuries.

Legal Implications
It is true that the 15-year-old friend's actions on the day of the incident were accidental and he had no intention to cause harm or injury to Lopez. However, the case is a good reminder of the way that age may play a role in possible injury lawsuits in Florida.

Although the friend had no intent, he is nonetheless the responsible party for Lopez's severe injuries. Through the theory of negligence, Lopez's friend can be held accountable for the accident.

The theory of negligence is based upon the premise that an individual owes a duty of care to everyone else, requiring him/her to act as a reasonably prudent person would under similar circumstances. However, it would be unfair to hold children to this same standard. Therefore, tort law has provided a more lenient standard for children in relation to negligence. The standard of care owed by children between the ages of four and 18 is that such a child in that age range owes everyone the care of a hypothetical child of similar age, experience and intelligence acting under similar circumstances. This is the standard of care that Lopez's friend had a duty to owe.

Theoretically, Lopez's 15-year-old friend should be held liable for the injuries suffered by Lopez. However, because the standard of care applicable to children is very flexible and subjective, the duty of care that children owe to individuals around them is calculated more leniently.

Legal Help
Unexpected accidents can occur even in the unlikeliest of situations, causing serious personal injuries. It is important for the victims of these accidents to seek the help of a Palm Beach person injury lawyer in order to protect their legal rights in the quest to obtain compensation in their recovery. Please contact The Law Office of Eric H. Luckman for a free consultation.

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In a tragic plane crash that occurred last week, no survivors emerged from the wreckage. According to an article in The Palm Beach Post, the only passengers of the small plane were the six members of the Bramlage family. Ronald Bramlage was piloting the plane while his wife, Rebecca, and their four children were also aboard. Our Palm Beach County injury lawyer appreciates the immense tragedy of these accidents. From a legal perspective we also understand the many different issues that are implicated when these incidents occurred. For one thing, small planes are much more likely to malfunction as opposed to a commercial aircraft. The cause of the malfunction may result in various legal ramifications.

The Tragedy
According to investigations, the plane crash occurred last Thursday at approximately 12:40 p.m. near Lake Wales. The plane went down in a remote portion of the Tiger Creek Swamp. The Bramlage family was en route to Junction City, Kansas after having taken off from Treasure Cay Airport in the Bahamas. Unfortunately, the family's vacation ended tragically when the plane started to break apart in the air at 26,000 feet. Apparently, Ronald Bramlage made a call for help, but authorities were not able to uncover what the problem with the plane was from the mayday call. All that is known at this point in time is that the plane's failure to operate properly caused the machine to crash with such force to create a massive debris field as wide as three miles. One witness to the scene stated that it sounded like the engine had sputtered before it died.

As discussed in a previous post, when something like this happens, one immediately wonders about the cause of the crash. More likely than not, a plane crash is a result of (1) pilot error, (2) mechanical failure, or (3) both. In this particular case, it is a possibility that because the pilot was not a professional but instead a recreational pilot, pilot error could have been the major cause of this tragedy. However, based on what has been uncovered thus far in the investigations, it appears that there may have been some mechanical problems with the aircraft itself. The fact that the plane started to break apart in the air at 26,000 feet makes this possibility even more plausible. Further, authorities have revealed that there was separation of the horizontal stabilizer, which controls the angle of attack for the plane and separation of both wings.

Depending on what further investigations reveal, the manufacturer of the plane may face a strict liability claim from surviving family members of the deceased. If the plane is found to have been defective, then the manufacturer will be held strictly liable for the injuries - or in this case, deaths - caused by the defect. The underlying cause of the crash will likely not be established until investigations are complete, which authorities predict will take about another year.

Liability for Defective Products
As previously illustrated, the small plane appeared to be having mechanical problems before it made impact with the ground. The surviving family members in this particular case will likely have standing to bring a claim against the party responsible for the defective state of the aircraft if any sort of plane malfunction is uncovered. Whenever one is injured in our area in situations where faulty products or parts might be involved, it is important to seek the advice of an experienced Palm Beach personal injury lawyer to evaluate the claim and help in obtaining compensation for their loss.

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A motorcyclist was killed in a hit-and-run accident in Volusia County that occurred in February. According to an article in Palm Beach Post, an SUV driver hit the motorcyclist on State Road 415 and immediately left the scene. It was only recently that investigations by the Florida Highway Patrol finally revealed the identity of the driver. The man was arrested at his home on Thursday. He was charged with leaving the scene of an accident involving death and reckless driving for going too fast for the rainy conditions. This tragic local event is a reminder to our Palm Beach County motorcycle accident lawyer about the dangers associated with riding a motorcycle in our area. As this case demonstrates, the risks exist even if the motorcyclist engages in careful riding at all times.

This latest hit and run case illustrates the vulnerability of motorcycle riders. After being hit by the SUV, the rider was thrown from her bike into oncoming traffic. She was then hit by two other drivers and died at the scene.

The Florida Highway Patrol officers were able to determine the SUV driver was present in the area at the time of the accident by examining his cell phone records on the night of the accident. Further, investigators found a receipt in his SUV that showed he had paid a bill shortly before the accident occurred at a restaurant that was in close proximity to the location of the crash. All of this information will likely be important evidence in any subsequent legal actions related to this crash: both criminal and civil.

Palm Beach Motorcycle Accidents
In a previous post, we provided statistics to illustrate the serious dangers of riding a motorcycle. To reiterate, according to the most recent Florida Traffic Crash Statistic Report in 2010, 350 motorcyclists were killed and 6,686 were injured across the state as a result of these accidents. This striking statistic not only provides a clearer picture of just how dangerous riding a motorcycle is, but it also shows that the motorcyclist is likely to suffer the most severe injuries when involved in an accident.

This is often not because the motorcyclist themselves are anything less than careful, but because of the misconduct of those with whom they are sharing the road.

Legal Action Following Traffic Accidents
These sorts of tragedies often spur civil and criminal legal actions. Obviously traffic laws and hit and run criminal laws have been violated, likely resulting in criminal penalties. In addition, the civil law allows those hurt by the wrongdoing of others--like poor driving--to hold wrongdoers accountable. When an individual dies as a result of the conduct, certain family members are able to proceed with civil actions, often referred to as wrongful death suits.

It is vital for those individuals who have been injured in such situations seek the necessary help in order to receive compensation for their injuries. Our Palm Beach personal injury lawyer at The Law Office of Eric H. Luckman has the knowledge and experience to help those who have suffered injuries in all type of accidents.

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