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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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 terrible motor vehicle accident that occurred in 2009 was finally resolved this week. According to an article in The Palm Beach Post, Leslie Opper, the victim in the accident who suffered severe injuries, was awarded a $9.3 million verdict by an Indian River County civil court jury.

Our Palm Beach County personal injury attorney understands that several factors are taken into consideration when a jury determines the amount of compensation that should be given to the injured party in his/her recovery. For example, whether the injuries are permanent and whether the victim is unable to work due to the nature of the injuries sustained are a few of many different critical factors that the jury must consider in making its determination. While verdicts of this size garner headlines, it is important to remember that each case is decided on very specific individual factors.

This Case
The accident in this particular case occurred on April 11, 2009 at approximately 9:20 p.m. A ninety-four year old local man was driving to Walgreens in his Ford sedan when he failed to see Opper, who was traveling on a motor scooter. Consequently, the man failed to yield to Opper and forcefully hit him head-on, causing Opper to sustain severe injuries from the waist down. The force of the collision was so severe that Opper was thrown into the windshield of the vehicle. In his pre-trial statements, senior driver described the impact to the windshield as an explosion.

Fortunately, there was an off-duty paramedic in the parking lot who called for a helicopter. There was also an ambulance passing by at the time of the collision. If it had not been for these rescuers who happened to be at the right place at the right time, it is unlikely that Opper would have survived. Even with the miraculous aid of these rescuers, Opper still had a very slim chance of survival. According to the expert testimony of doctors from Holmes Regional Medical Center in Melbourne, Opper had less than a 16% chance of living. He had sustained injuries to vital parts of his body - the spine, pelvis and femur.

Since the accident, Opper has undergone more than twelve surgeries, and he is expected to go through several more procedures in order to lessen the intensity of his pain. The injuries sustained are permanent and it is unlikely that Opper will ever go back to work.

Our Palm Beach injury lawyer knows that under such circumstances, lost wages and the permanent factor of the injuries must be considered in calculating the compensation that the victim is entitled to in his/her recovery. Due to the fact that injured parties such as Opper will never be able to work again, lost wages must be accounted for in order for such victims to fully account for the losses they suffered as a result of the accident.

Unfortunately, in situations such as these, drivers have poor judgment and fail to exercise safe driving habits, creating a hazard for themselves as well as others around them. Such situations can cause serious injuries and deaths. Our personal injury lawyer at The Law Office of Eric H. Luckman has experience in helping injured individuals in all types of accidents. Please contact our office for a free consultation if you or a loved one is ever in this situation.

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A brawl took place at the Jacksonville Beach Municipal Golf Course on Saturday afternoon. According to an article in the Palm Beach Post, the battle erupted between two groups of golfers. Surprisingly, the group that initiated the attack consisted of two elderly men and two elderly women. The main culprit in the group was 61-year-old James Alonzo Hines. According to an arrest report, Hines was charged with aggravated battery with a deadly weapon. He was jailed and later released. Our Palm Beach County personal injury lawyer understands that violent attacks can occur in the unlikeliest of places - even in safe and friendly venues.

The group that was attacked was comprised of six young men who were out celebrating the pending nuptials of their friend Donald Salsbery. The individuals who suffered injuries from the incident were Murdock Hampe, Michael Hankin, and Justin Ravel. The elderly group was golfing behind the young men and had become impatient with the slow-paced game of the young men, claiming that they were holding up their game. The young golfers were neither drunk nor driving their golf cart recklessly. They were simply enjoying the day and playing a leisurely game of golf.
The altercation between the two groups started when shouting ensued between the two groups from a distance. Hines' arrest report states that the argument was due to the younger golfers driving, drinking and "malingering" on the greens. Incensed, Hines then began hitting balls at the young men from about 200 yards away. In retaliation, one of the balls was thrown back at Hines. At that point, Hines got into his golf cart and drove into the group of young men. Hines ran over Hampe's leg and slammed into Hankin, pinning him against another cart. Hines then struck Hampe with a golf club. Hampe was treated at a hospital, while Hankin was treated at the scene.

Although Hines may have had a valid reason to become irritated under the circumstances, our Palm Beach personal injury lawyer knows that this does not give rise to the right to instigate a violent attack. Furthermore, the golf course was a public course and the young men were paying customers, and therefore had a right to use the property in an appropriate manner, even if the pace of their game was slow. The law does allow defense of property if an individual has trespassed and is wrongfully on the premises. In this particular case, however, the young men had paid for use of the public course and were not trespassing. Therefore, it is unlikely those sorts of defenses would apply in a situation like this. Moreover, Hines was not the owner of the golf course.

As depicted by this particular case, dangerous situations can unexpectedly arise even in safe environments. Our experienced Boynton Beach injury lawyer has helped injured individuals in all types of accidents and has advised such individuals of their legal rights in order to be compensated for their suffering. 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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A condominium complex in suburban West Palm Beach was struck by fire for the second consecutive night. The building, a two-story four-unit condominium, is located south of Gun Club Road and west of Haverhill Road. According to an article in the Palm Beach Post, fire-rescue crews were called to the first fire around 11:58 p.m. on Monday night. The cause of the fire is still reported to be unknown. Firefighters were called to a second fire at the same location at approximately 1:52 a.m. in the early hours of Wednesday. Again, investigations have yet to reveal the cause of the second fire. Our Palm Beach County personal injury lawyer understands that regardless of whether the cause of an accident is known, people will be injured in unfortunate situations like this, and they often have certain legal rights which allow them to be compensated for their suffering.

The building suffered serious damages from the first fire. Several bedrooms on the first floor of the building were completely destroyed. The only remains from a bedroom that appeared to be a young girl's room were dresses hanging from a closet and teddy bears sitting on a dresser. From the observations of Scott Spudeck, who lives in the same neighborhood but in a different building, it can be surmised that the fire was more than just a minor blaze. Spudeck stated that on the night of the first fire, he heard an explosion and saw a "raging fire." The presence of the fire was so forceful that Spudeck's daughter suffered an asthma attack because she was so frightened.

From recent events in connection with the building, investigators suspect that the timing of the second fire was more than just a mere coincidence. Authorities from the Sheriff's Office and the president of The Forest Condominium Association believe that the fire may be a result of someone targeting one of the building's tenants. Just this past weekend, neighbors reported that a car burst into flames. Furthermore, deputies from the Sheriff's Office have been called to the building twice in the past few months - once for a fire and the other for vandalism. Although it has not been concluded whether these incidents are related to the recent fires, suspicions are high.

Remarkably, no one was injured from either of the fires. Even so, the local chapter of The American Red Cross took the necessary precautions and came to the building equipped with emergency aid. Reports indicate that an unnamed adult was given lodging, food, clothing and recovery supplies by The American Red Cross. As an advocate of injured individuals in unexpected accidents, our Palm Beach injury lawyer shares The Red Cross's immediate call to action to those who may have been injured in the fire.

Our experienced Boynton Beach injury lawyer has helped injured individuals in all types of accidents and recognizes that it is rare for all those caught in dangerous situations, such as the fires in this particular case, to come out unscathed. In less favorable situations where individuals suffer injuries from any type of accident, our Palm Beach County injury attorney can advise injured parties of their legal rights so as to help them 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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Our Palm Beach County injury attorney was saddened to hear about an elderly couple from Boca Raton who passed away in their home this week as the apparent result of carbon monoxide poisoning. The couple, whose names have not yet been released to the media, were in their 70s. Some friends of the couple came to their home to pick them up and drive them to the airport. Because the couple had a plane to catch and should have been ready to go, the friends quickly became alarmed when no one answered the door. Fearing that something was terribly wrong, they first attempted to trip the alarm in the home and then called police. According to the Palm Beach post, when police and fire rescue crews arrived on the scene and entered the home, they discovered the bodies of the two residents. They had apparently been dead for several days, and the carbon monoxide levels in the house were very high.

Stories like this one are always particularly difficult to accept because carbon monoxide poisoning can so easily be prevented. Carbon monoxide is a gas that cannot be seen or smelled. Therefore, a room could be filling up with carbon monoxide without anyone realizing it until it is too late. If the leak is slow enough, there may be some warning ahead of time in the form of headache, dizziness, nausea, and even disorientation or confusion. Having a carbon monoxide detector in your home is the ideal way to prevent poisoning. Carbon monoxide detectors are commercially available and relatively inexpensive, and they can be used to warn residents if carbon monoxide reaches an unsafe level in the home. It is, of course, important to test these detectors regularly and remember to replace the batteries.

Our Palm Beach carbon monoxide poisoning lawyer knows that in Florida, not all buildings are required by law to have carbon monoxide detectors. As with most safety regulations and precautions, homeowners are free to decide whether or not to install detectors in their own houses, and there is no law that specifically states that landlords must place one in every apartment. There is, however, a Florida carbon monoxide law that requires buildings that have carbon monoxide poisoning risks and that undertake any new construction after July 1, 2008 to have a detector within 10 feet of any room used for sleeping purposes. In hotels, this means that the detectors can be placed in the hallways, rather than having one in every room. In apartment buildings, however, there should probably be one in each apartment.

Florida residents should speak to their landlords about whether they have detectors and how best to maintain them in proper working order. Even if a building has not had any new construction since 2008, residents can still speak to their landlords or property managers about whether the building's fuel system puts it at risk for carbon monoxide leaks and ask them to install detectors to ensure resident safety. Of course, even if the landlord or manager refuses to install detectors, residents are still free to purchase and install their own. Considering the risk, it is often a sensible decision.

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A very scary situation developed at a waste treatment plant operated by New England Fertilizer Company ("NEFCO") last week when a large explosion sent shrapnel and debris flying through the air. According to the Palm Beach Post, at the time of the explosion there were a total of three employees working on the site. One worker, a man named Matt Eggley who has been employed by NEFCO as a chief operator for about a year and a half, was injured in the blast. He was taken to a local hospital where he is being treated for his injuries; fortunately, doctors expect him to make a full recovery.

In the aftermath of the blast, police and other investigators are trying to determine what caused the plant explosion. The waste treatment plant where the incident occurred is a plant that takes byproducts from waste water treatment plants and processes it into a form that can be used in the manufacture of plant fertilizer. Eggley and the other two employees who were on-site were performing a routine maintenance and cleaning procedure, but authorities have yet to determine whether that procedure was a contributing factor in the explosion.

As our Boynton Beach personal injury attorney has learned from years of experience with many different accident cases, injuries caused by situations like this one can be some of the most difficult to deal with because it is so difficult to understand why they happened. When someone is injured, he or she often feels a sense of unfairness and questions why it had to be him or her. This can happen even with common situations, such as car accident injuries. in cases like Matt Eggley's, where a workplace injury occurs unexpectedly and without an apparent cause, it can be even more difficult to understand. Victims often suffer from emotional distress after accidents like this one because they have to learn to cope with senseless injuries that they, naturally, feel should not have happened.

Our Palm Beach injury attorney understands that it will take some time for the authorities to complete their investigation and figure out what caused the explosion. Hopefully, the source can be determined and precautions can be taken to ensure that this does not occur in the future. However, in cases like this one, even if the cause cannot be precisely defined, plaintiffs like Matt Eggley do still have options.

Under Florida negligence law, courts will allow what's called a presumption of negligence in a case using the doctrine of res ipsa loquitur. Res ipsa loquitur is a Latin phrase that means "the thing speaks for itself." The idea behind it is that certain things simply do not happen without negligence, so even if the exact nature of the negligence cannot be identified, the very fact that the incident occurred shows that there was negligence. Defendants still have an opportunity to refute the claim of negligence, but the presumption makes it easier for a plaintiff to get compensation for his or her injuries and also makes it more difficult for businesses to avoid liability on a technicality.

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Our West Palm Beach injury attorney is well aware of the reasons that controlled substances of all different varieties are so heavily regulated in the United States. Many of the prescription and over-the-counter drugs that Americans use every day provide invaluable benefits to people who are suffering from all kinds of illnesses and ailments. However, these drugs often come with side effects, which in some cases can be positively devastating. One need only spend a few minutes channel surfing to come across at least one television commercial promoting the latest drug to remedy everything from high blood pressure to arthritis and everything in between. But these same commercials, after telling consumers how beneficial the drugs are, also inevitably contain a laundry list of potential side effects, with some even warning of the possibility of death.

These side effects are not limited to physical conditions. On the contrary, many drugs, especially those designed for people suffering from depression, bipolar disorder, schizophrenia, or another type of mental illness, can produce unexpected and sometimes dangerous effects on the patient's mental processes. In some situations, such effects have caused patients to do things that they otherwise would never have dreamed of doing.

According to an article from the Palm Beach Post, attorneys for Alfred Infosino are arguing that this is precisely what happened to their client. Infosino, now 83 years old, is accused of beating his girlfriend Rita Chirel to death last year. After killing Ms. Chirel, Infosino called 911 and told the operator what had happened. According to courtroom testimony, Infosino appeared to be shocked at what he had done. His attorneys are trying to convince a jury that Infosino's actions were the result not of his own will but of a psychotic break brought on by an anti-depressant drug known as Remeron or Mirtazapine. They claim that Infosino began exhibiting warning signs as early as two months before he attacked Ms. Chirel.

Our Palm Beach product liability lawyer, know that stories like this sometimes carry with them the possibility of civil claims in addition to the criminal charges brought against Infosino. If proper warnings were not provided for this drug, there is a potential for a products liability claim against the manufacturer of the drug. Although the story from the Palm Beach Post does not say whether such a warning was given, it still provides a valuable lesson on the importance of being aware of any possible side effects of the drugs you take and those that your loved one takes.

As personal injury lawyers in West Palm Beach, we know all too well the dangers posed by a failure to monitor prescription drug use and effects properly. Given the current Florida nursing home crisis, careful monitoring by friends and relatives, even those without any formal medical training, has become of utmost importance. If your loved ones are taking any kind of prescription medicine, make sure that you and they know the dangers associated with those drugs. Do not be afraid to ask questions, and help them to identify any warning signs you see that they perhaps cannot.

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As millions of shoppers across the nation head out to their local malls, shopping centers, and discount stores to try to take advantage of annual Black Friday sales and specials, one of the biggest concerns for parents will be finding toys for their children that are not only entertaining, but also safe. Just in time to kick off this year's Christmas shopping, the annual "Trouble in Toyland" report has been released. The "Trouble in Toyland" report identifies toys that are potentially dangerous and compiles a list to help parents make informed decisions when purchasing.

According to ABC 25, the report lists 25 potentially dangerous toys and identifies their harmful components. As our West Palm Beach injury lawyer knows is often the case with dangerous products, these toys are often difficult to identify as dangerous just by looking at them. For example, several of the toys on the list, including a Tinkerbell watch, a plastic bracelet, and a toy Honda motorcycle were identified as containing lead. Others contained parts small enough for a child to choke on but lacked any warning label to alert parents to keep those toys out of the reach of small children.

As is always true, this list of potentially dangerous toys is certainly not exhaustive. Just because a toy is not on the list does not mean that it is free from all risks. Parents should always be tuned in and watching for any possible dangers, and proper supervision is essential to ensuring that children stay safe during play time. Even toys that do not pose any risks in their original condition can become unsafe with use and over time. For example, eyes can fall off of teddy bears and become choking hazards or a deflated balloon or inflatable toy can create a suffocation risk.

Even so, we often do rely on manufacturers to provide products that are safe and to provide warnings if those products carry any serious risks with them. Florida products liability law allows injured consumers to bring a cause of action against manufacturers for product defects that make the product unreasonably dangerous when used as intended or in a reasonably foreseeable way. Sometimes those defects occur as a result of problems with the manufacturing process, and other times those defects are the result of poorly designed products. Additionally, some products are required to include a warning label alerting purchasers to the dangers inherent in use of the product. Either way, manufacturers are required to be vigilant about the safety of their products and to compensate people who are injured when those products do not live up to the standards required by law.

If you or a loved one has suffered injuries as a result of a defective product, you may be entitled to compensation from the manufacturing company. Give our office a call today to set up a consultation with our West Palm Beach personal injury lawyer Attorney Eric Luckman. He is experienced with personal injury law and can help you determine what your case is worth and how best to move forward from where you are.

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Like most people, our West Palm Beach injury lawyer is quite familiar with the oft-quoted mantra that "flying is the safest way to travel." Therefore, the rare news of a plane crash is rarely expected, and often startling. Obviously the consequences of these tragedies are severe, with survival only a occurrence for passengers and crew members. Against all odds, however, the pilot of a small airplane that recently crashed onto a local golf course was able to walk away from the wreckage. According to a report from ABC 25 out of Palm Beach Gardens, Florida, pilot Rob Malloy was flying his small aircraft over a golf course when the plane apparently suffered a decrease in power, lost speed, and caused Malloy to lose control. The plane glanced off the tops of some trees, spun around, and then crashed into the ground. Investigators are still looking into what caused the loss in power. Remarkably, Malloy was able to walk away from the crash, and no one else was harmed in the incident.

Many plane crash victims are not as fortunate as Malloy, and when plane crash injuries are sustained in our area, it is important for the victims or the close relatives of the victims to contact a Palm Beach personal injury lawyer in a timely fashion. The attorney will be able to explain the basic legal concepts that underpin all situations and determine what the best course of is to ensure that all of the individual's rights are protected. In general, those hurt in these accidents can seek redress if they can show that another's negligence caused the injuries. However, even in cases that are complex or contain a number of unknowns, the legal system may still be available to those who have been hurt.

For example, in certain types of cases, including but not limited to plane crash cases, it is not always possible to determine the exact cause of an injury or death. For this reason, it is sometimes possible to employ a legal concept called res ipsa loquitur, which means, "The thing speaks for itself." The idea behind this concept is that there are some things that just do not happen without negligence, and therefore, a person who is injured in such a case can rely on a presumption of negligence without having to prove exactly what happened to cause the incident. So, for example, if a commercial airliner were to crash, and the cause of that crash was not able to be determined, a victim could still have a presumption that negligence occurred somewhere along the line to lead to that crash. Because, as a general rule, airplanes do not simply fall out of the sky without some kind of negligence, a crash "speaks for itself."

There are other situations in which res ipsa loquitur may also apply. The availability of a variety of legal tools makes it important for all local victims to seek out a Palm Beach plane crash lawyer as soon as feasible. Our West Palm Beach injury lawyer, Attorney Eric Luckman can assess your case and help you determine what your legal rights are, who is responsible, and whether you should be compensated for your suffering. Sometimes, victims do not realize that they are entitled to compensation simply because they are not sure of the exact cause of their injuries. Taking a few minutes to discuss your case with a lawyer can give you the peace of mind that comes from knowing you have all the facts.

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Last week we shared information on the U.S. Food and Drug Administration's (FDA) warning about the thickening gel known as "Simply Thick." It was explained how the consumer safety body had instructed the public against giving the product to premature infants. The administration is continuing to investigate the link between Simply Thick and the development of a fatal intestinal disease known as necrotizing enterocolitis (NEC).

Details are still being uncovered, but according to a story this week in the Holly Springs Patch, the problem may have stemmed from bacteria contamination at one of the manufacturing plants for the product. Specifically, the company voluntarily recalled all Simply Thick packets manufactured at its plant in Stone Mountain, Georgia. The FDA noted the reason for this Simply Thick recall declaring it to be "a result of the company's failure to ensure that harmful bacteria of possible public health significance were destroyed in the manufacturing process at that manufacturing plant."

Product liability cases like this are always particularly frightening because of the widespread risks that they pose to so many consumers across the country. Unlike single-incident accidents, failure of a company to ensure the safety of their product may place the lives of dozens or even hundreds of innocent individuals in jeopardy. There is no excuse for a potentially dangerous bacteria contamination to go uncorrected by the company.

The effects are already being felt in our area. Our West Palm Beach injury lawyer is working on behalf of a family that may already have been harmed by the dangerous Simply Thick. The local resident began giving her prematurely born infant the product upon the recommendation of medical professionals at her hospital. The young baby is already showing signs of possible intestinal problems caused by the Simply Thick gel use. It is likely that other residents in our state may have suffered similar complications from use of this product.

Necrotizing enterocolitis (NEC), the digestive problem connected to Simply Thick, usually causes inflammation and eventual death of intestinal tissue. At least two infants have already been killed because of NEC caused by Simply Thick and well over a dozen more cases are being investigated by FDA officials. The FDA urges all parents to stop giving children this thickening gel immediately and to be on the lookout for potential signs of NEC. Symptoms such as bloated abdominal areas, feeding intolerance, green-tinged vomit, and bloody stool are all indications that some problems may have developed.

Continue reading "Simply Thick Recall May Involve Manufacturing Contamination By Harmful Bacteria" »

Our Palm Beach injury lawyer at the Law Office of Eric H. Luckman recently began representing a family whose young child was harmed after using the gel known as "Simply Thick." Many local parents have been adding Simply Thick to the formula used by their newborn children who have swallowing issues and gastroesophageal reflux disease. The product is most often given to premature infants, but babies who went to full-term have also received the product after having issues with spitting up and inadequate weight gain. Now the major national regulatory body is warning all consumers that Simply Thick may pose hidden dangers to the children who take it.

The U.S. Food & Drug Administration recently conducted an investigation into the safety of the product. The FDA is now urging parents not to give Simply Thick to their prematurely born children because of its potential to cause necrotizing enterocolitis (NEC). As a West Palm Beach injury lawyer, we understand the seriousness of this FDA warning and the danger this gel poses to children in our area. We are already working on behalf of a local victim whose child began using Simply Thick after being born premature. The infant was given the thickening gel by medical personnel at the hospital and was then instructed to continue taking the product while at home. Unfortunately, the young child is already showing signs of being harmed after suffering from digestion complications and other problems.

NEC is often found in premature infants. It causes severe inflammation in the intestine of the child, leading to bowel perforations. Often those perforations require surgery to remove the affected part of the intestine. Severe infections and even death have been known to result from NEC. Parents concerned about the Simply Thick FDA warning should pay particularly close attention to their infant's condition and be on the look-out for common NEC symptoms including a bloated stomach, bloody stool, green-tinged vomit.

Thus far the FDA has found at least 15 cases of premature infants who developed NEC after being fed milk or formula with Simply Thick. Two of those children died as a result of the problem. The intestinal issues developed in children who had taken the product for various lengths of time. Some of the babies contracted NEC after being given Simply Thick at a hospital while others were given the product at home. In the past six months four medical centers throughout the country have reported links between the condition and the thickening product.

The FDA is not yet aware of the exact reason why Simply Thick can trigger NEC in premature infants. A more thorough investigation is underway to better inform consumers of the reasons for the problem. Hopefully the more detailed analysis of the situation will help determine why the link exists and show what should have been done to prevent the problems. In the meantime, the advisory board is urging parents not to give the product to their children--there is no need to take any unnecessary risks.

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