Florida Insurance Claims Lawyer Blog

Golf carts are a popular transportation device throughout the area. The convenience of being able to quickly load up supplies and visit the beach or a neighbor without getting into a car has lead more and more families to purchase a golf cart. Yet, while these machines do not travel as fast as cars, it is unwise to assume the risk of harm is lessened. Florida golf cart accidents strike all the time, and the results are sometimes serious.

Unlike cars, which have various safety features built in (crashworthiness standards, seat belts, air bags, and more), golf carts come with far less security. Collisions which might not cause any personal injury in cars might have serious consequences for those in a golf cart. Golf cart travelers are rarely strapped in and often ride on the back or hang onto the side. When thrown from the machine the potential for serious harm rises exponentially. In many ways, the increased risks are similar to motorcycles in that the lack of physical protection means accidents often result in more serious injuries.

For example, the Monitor reported last week on a golf cart accident case that just went to trial, filed by a man who suffered a serious traumatic brain injury after falling out of the back of the machine. According to the report the man was volunteering at a local speedway when he was riding in the back of an E-Z-GO golf cart. While riding on the back the man fell out of the cart and hit his head. His head injury was very severe and he spent over a year in hospitals and rehab facilities. The injury has not fully healed, and his still requires help with basic tasks. He was unable to go back to work following the incident.

After being denied worker's compensation for the injury--because they were volunteering at the track--the family filed civil lawsuits against various parties, including the speedway, driver, and manufacturer of the golf cart. The case settled with all parties except the golf cart manufacturer. The case went to trial last week.

Product Liability
The specific claim against the golf cart manufacturer is that they failed to place an adequate warning label on the back of the cart letting consumers know that riding in that space can lead to death or serious injury.

Our Palm Beach product liability attorney understand that arguments about improper warning labels are a common form of product liability suit. When an individual in injured by a consumer products--anything from a golf cart to a toaster--the injured party may have a right to seek compensation for their losses. These suits can be based on inadequate warnings, manufacturing defects (i.e. a part was missing), or a design defect (i.e. the product was inherently made dangerously).

Beyond claims of a lack of proper warning, the plaintiff in this case is also arguing that the manufacturing company tried to "obfuscate" an investigation into the safety of the product by the U.S. Consumer Product Safety Commission. The interfering with the investigation, the plaintiffs argue, led to the warning label being absent.

For their part, the golf cart company in this case is expected to argue that the man contributed to his own injury by riding in the golf cart in an inappropriate manner. In addition, the company will argue that the racetrack (via its employees) did not drive the cart properly.

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Continue reading "Golf Cart Accident Leads to Lawsuit Over Lack of Warnings" »

FAMU made national headlines last year for an incident it would just as soon wished never happened--a student died following a brutal hazing incident. A 26-year old member of the state university's famous "Marching 100" died aboard a school charter bus while the school was at a football game last November.

Apparently the death was caused by a severe hazing rite among band members involving new members walking along the length of the bust while other members physically abused, hit, and pummelled the walker. In this case, the student was beaten so badly during the incident that he collapsed and died from his injuries. The death was eventually ruled a homicide and thirteen people face criminal charges. Obviously criminal charges are at issue when an individual is beaten to death. Issues regarding the intention of the parties and the voluntary actions of the student will likely come into play when prosecutors work to prove that actual crimes were committed.

Our Florida injury lawyer knows that beyond criminal charges, these incidents often also spur civil charges. While the criminal charges relate to societal condemnation of the conduct, civil charges are intended to compensate those harmed by the conduct personally. That appears to be what happened in this case, as Reuters reported last week on the filing of a Florida wrongful death lawsuit by the parents of the slain student.

Florida Wrongful Death Lawsuits
Wrongful death lawsuits are filed by surviving family members of one killed by the wrongdoing of others. The suits seek to compensate the survivors for the specific harm they suffered as a result of the loss.

Like all civil matters, the issue can easily get complex. For example, in this case, the suit was filed against FAMU university. FAMU is a state institution, and all "tort" lawsuits against state entities (like a school, police department, or other government entity) come with special rules. In Florida these cases must begin with the filing of a government tort claim. This lets the government know that the injured party is seeking damages. The government entity then has six months to reply to the claim. In some cases the reply may come with a settlement offer. if the offer is accepted, then the matter is essentially ended.

However, if the government entity does not respond or submit an acceptable offer, then the plaintiffs in the case are free to file a lawsuit via the traditional means with the local court system. That is why in this case the suit was filed just now, even though the incident occurred 9 months ago.

Unfortunately, even after filing the suit the family is not without legal stumbling blocks. For example, there are statutory caps on the recovery that the family can receive. The law limits claims against the state to $100,000 for a single claim and $200,000 for multiple damages. Any award above that requires explicit legislative approval.

If you or a loved one has suffered harm because of the wrongdoing of another, consider contacting the Palm Beach wrongful death attorney at our firm to see how we can help.

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Several were injured in a police pursuit that ended in a serious collision on Monday evening in St. Petersburg. According to an article in The Tampa Bay Times, the Gulfport police officers were chasing a stolen car into St. Petersburg, where the stolen car collided with a bus that then crashed into an apartment building. As our experienced Palm Beach accident attorney knows, the probability of the occurrence of automobile accidents is severely increased during dangerous police pursuits.

Miraculously, there were no deaths resulting from this accident. However, at least two people from the stolen vehicle suffered injuries, as well as several bus passengers. According to Gulfport police Chief Robert Vincent, the incident started at 5:50 p.m. when Gulfport police Officer Jesse Kellington saw a 2012 silver Toyota Venza on the road during his routine patrol. Officer Kellington's alerts were triggered after he checked the license plate of the vehicle and discovered that the vehicle was listed as stolen. The St. Petersburg police department revealed that the car was an Avis rental and had been stolen on Sunday after a woman had left her keys in the ignition.

Upon discovery of the stolen status of the vehicle, Officer Kellington began pursuing the car at S. Newton Avenue and 51st Street in Gulfport. Kellington reported that there were three men in the car. He was not aware of the toddler in the back seat.

The driver of the stolen vehicle led Kellington into St. Petersburg where the pursuit ended abruptly with a severe impact. As the vehicle entered St. Petersburg, it ran a stop sign and T-boned a PSTA bus at the intersection. The impact was so powerful that the bus lost control and crashed into a two-story apartment building. Fortunately, there were no bystanders present at the portion of the building that the bus had crashed into. Lieutenant Joel Granata of St. Petersburg Fire and Rescue was at the scene of the accident and reported that there was no major damage to the apartment building.

Reports have disclosed the identity of the driver of the stolen vehicle as Derrick Mims. Both Mims and a passenger of the vehicle were taken to a hospital to treat serious injuries suffered from the accident. The other passenger fled the scene and is yet to be found. The toddler in the back seat was taken to the All Children's Hospital and was reported to be in stable condition. Fortunately, no one on the bus suffered any serious injuries.

Chief Vincent asserts that Mims was the cause of the accident given that the incident was a result of his decision to run from the police.

As depicted by this particular case, unexpected accidents can happen at any time due to someone else's reckless actions, injuring innocent bystanders. Our experienced Boynton Beach accident lawyer helps injured individuals in all types of accidents and has advised such individuals of their legal rights in order to receive compensation in their recovery. Please contact The Law Office of Eric H. Luckman for a free consultation if you have suffered injuries in any kind of accident.

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The Fourth of July is a day of celebration with family and friends. Traditional activities on this special day add a tinge of danger, requiring individuals to be responsible and exercise safe conduct. According to an article in The Palm Beach Post, the July Fourth holiday is traditionally one of the busiest boating days of the year. Our Palm Beach personal injury lawyer recognizes that times of celebration such as Independence Day create an atmosphere of relaxation and leisure, which often causes individuals to display a lack of common sense and to be careless in their behavior. It is not unusual for Palm Beach County boaters to exude carelessness during this particular holiday celebration. It is likely that the agencies policing the water will find many boaters who overload their vessels, drive them after drinking, fail to have enough life jackets of the correct size for each person on board, or operate their boats recklessly.

In anticipation of reckless behavior of Fourth of July boaters, law enforcement agencies, such as the Florida Fish & Wildlife Conservation Commission (FWC) and the U.S. Coast Guard, will be working extended shifts on this holiday. These authorities will be specifically watching for signs of underage drinking, boating under the influence, and safety equipment violations. Lieutenant Atwell Pride of the FWC stated, "We're going out there with the expectation that it's going to be busy, and we're going to patrol accordingly."

In addition to boating under the influence and safety equipment violations, holiday boaters should be cognizant of other dangerous hazards. Will Beck, owner of Sea Tow Services of the Palm Beaches, has observed from years past that Fourth of July boaters have a tendency to be social on the water and tie boats together to watch the fireworks. According to Beck, the danger to this is that a single anchor used by the host boat may not hold the weight of the other boats that are tied up, causing the raft of boats to disengage from each other and drift and collide with other boats on the water. This can cause severe injury to individuals and damage to the boats.

Further, holiday boaters need to be aware of the heavy traffic on the water and be considerate of fellow boaters. The end of the night usually calls for the most congestion when everyone is looking to leave the venue after the fireworks have ended. Authorities request that boaters be patient and exit in a safe manner so as not to cause any unwanted collisions.

In appreciation of these hazards on this holiday, law enforcement agencies on the water are making strong efforts in curtailing the occurrence of unwanted accidents. The Jupiter Police Department will be working with other law enforcement agencies on the waterways in downtown West Palm Beach to maintain a safe environment for the holiday crowd. They plan to strictly enforce boating laws and to confiscate illegal fireworks.

Clearly, the city is making strides in its mission to maintain safety on the waterways on this special day of celebration. We are hopeful that authorities will be successful in its endeavors to decrease incidents of boating accidents resulting from reckless behavior. However, in the event that you or a loved one are the victim of a boating accident or any other accident causing serious personal injuries, please seek the help of a Palm Beach personal injury lawyer in order to protect your legal rights.

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