Results tagged “palm beach personal injury lawyer” from Florida Insurance Claims Lawyer Blog

February 24, 2012

Jury Awards $1.26 Million to Florida Dog Bite Victim

bite.jpgA Florida jury sent a powerful message to dog owners this week when it awarded Marie Tatman $1.26 million in compensation for a vicious Florida dog bite injury Tatman suffered in 2007. The attack occurred at Wickham Park in Melbourne, Florida, where the victim's daughter had entered her own dog in a dog show. According to an article by Florida Today, Tatman's lawyer said that the attack was unprovoked and that it occurred when his client was walking past the dog, an Akita. The dog grabbed her ankle in his mouth and bit down, crushing the bones in his teeth.

The dog's owner claimed that the attack had been provoked by Tatman tripping over her dog, but the jury did not believe that version of events, probably in part because of the Akita's violent history. The dog had previously bitten at least three other people, and owners had been told that he should not be put back into a home. However, his life was spared on the condition that he spend the rest of his life in a rural setting, away from people.

Our Palm Beach injury attorneys has explained to clients that under the Florida dog bite statute, dog owners are strictly liable for any injuries or harm caused by their pets. However, the statute does allow a jury to consider contributory negligence. According to the language of the statute, "any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident." In other words, the amount of money that the owner will have to pay the victim will be reduced if the victim was partially at fault for the dog biting him or her. This could happen if the victim somehow provoked the dog, either purposefully or negligently, such as when someone taunts or threatens a dog or steps on its tail. Because dogs do respond to certain things out of instinct, a court that is hearing a Florida dog bite lawsuit will take these issues into consideration in determining how much responsibility really lies with the owner.

However, depending on the evidence, these cases can result in substantial awards for those urt. In the case, the $1.26 million verdict will help Marie Tatman and her husband pay for many of the expenses that they have incurred because of the attack. Tatman's ankle was so badly mangled that she nearly lost her left foot, and even after five surgeries, her left leg is still about three inches shorter than her right leg. In addition to the medical bills incurred during treatment for the injuries, she will have to pay for custom made shoes to accommodate the difference in the lengths of her legs for the rest of her life. She also has other permanent mobility issues that will require her to use a walker to get around. More than anything, though, the verdict will allow Tatman to put the responsibility for what happened to her with the dog's owner and move on from this very difficult and painful chapter of her life.

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December 30, 2011

Investigation into Juvenile Detention Center Death Continues

Six employees of the juvenile detention facility where an 18-year-old boy named Eric Perez mysteriously died last July were fired this week. The firings occurred in spite of an ongoing investigation into Perez's death where officials have yet to release a cause. Our Palm Beach injury lawyer was saddened to learn that, according to an article published by the Palm Beach Post, Perez died on July 10, 2011 at the Palm Beach Regional Juvenile Center at approximately 8 o'clock in the morning.

Although the exact details have not all been determined at this time, a time line of the events leading up to Perez's passing has emerged. July 9 was Perez's 18th birthday, and some of the guards apparently "horsed around" with him that night before performing his nightly search and returning him to his room. Around 1:30 in the morning on July 10, Perez was observed by guards in his room, and he appeared to be suffering from some kind of hallucination. Not long after, Perez vomited, but he was given a soda and returned to his room for the night. The following morning, he was discovered unconscious in his room. Paramedics were summoned, but by that time, it was too late for them to help him. Eric Perez was pronounced dead at 8:10 on the morning of July 10.

handcuffs.jpgAn already-devastating situation for Perez's family has become even more difficult because of the lack of answers. However, the firing of these guards does indicate a general feeling that whatever the conclusions of the final report, they did not act with the required standard of care. As with virtually all state employees, the guards will have the right to appeal the decision and to be heard in their own defense. Each guard's likelihood of success depends upon his personal level of involvement and what he did - or failed to do - on the night that Eric Perez died.

Under Florida negligence law, people are generally not required to assist others who are in need of medical attention. However, when the person in need is in the care of the state, like Eric Perez was, a duty arises and guards are required to assist prisoners. The main reason for this rule is that prisoners are totally reliant on guards to do everything from calling an ambulance to allowing a doctor access to a patient. The nearly absolute power and control that guards exercise over prisoners therefore carries with it an enormous responsibly.

Our Palm Beach wrongful death attorney knows how important it is for families of people who are subject to the care of the state to feel that their loved ones are safe, whether they be inmates at a Florida detention center, residents of a Florida assisted living facility, or a ward of the state. No matter the situation, the state has a moral and a legal obligation to provide proper care to those who must rely on it. If your loved one has suffered an injury at a state facility due to neglect or abuse or passed away while in the care of state employees, he or she may have a right to receive compensation from the state. Additionally, if there is ongoing abuse or neglect, our Palm Beach personal injury lawyer may be able to help stop your loved one and others from continuing to be victimized. Too often, violence and neglect continue because victims are too afraid to speak out against their abusers. Our Palm Beach injury attorney will keep your case confidential and explain your options fully so you can make an informed decision about whether or not to proceed. Give our office a call today to schedule your confidential consultation today.

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