Florida Child Safety Lawyer’s 5 Halloween Safety Tips for 2011

A a Florida child safety lawyer dedicated to the prevention of childhood injuries I recommend that parents consider the following 5 Halloween Safety Tips and discuss them with your kids before allowing them to go trick or treating. 1. Treats: Warn your kids that they are not permitted to eat any candy until a parent has examined the wrappers to make sure that they have not been tampered with. 2. Costumes: Make sure that your children’s costumes are flame retardant and visible at night. Strategically placed reflective tape on costumes and bags will make the difference in visibility. 3. Masks: Make sure that your child can see and breath without restriction. 4. Choosing safe houses. If you are unfamiliar with your neighborhood or unsure of its safety, take your child to a shopping mall or community center. Under no circumstances should they be permitted to enter a stranger’s home for any reason. 5. Make sure that knives, swords, and weapons are soft and unable to cause an injury if your child trips or decides to use it to fence with another Zorro. I do not think that children should be permitted to trick or treat without adult supervision. My daughter is now 12 years old and I am sure she would rather that I stay home and pass out candy to the “kids” that come to our house. Unfortunately, Miami is just not a safe place for an unsupervised 12 year old girl. If you are expecting trick or treaters coming to your home, our Key West trip and fall law firm suggests that you clear your lawn and...

Florida Supermarket Injuries

Our Florida Publix injury lawyers have represented a number of customers that have been hurt as a result of slipping, tripping or falling merchandise at a number of South Florida supermarkets including, Publix, Winn-Dixie, Wall-Mart and Whole Foods. The most important legal issue for customers hurt at a Miami grocery store is to understand is that simply falling and getting hurt at a Publix does not legally entitle you to make a claim. People slip, trip and fall every day in these stores, but not necessarily due to the fault of the store owner. Many potential clients contact our Broward Publix accident law firm thinking that simply because the fell in the store they are entitled to compensation. This is wrong. Florida law requires that for the owner or operator of a store to be held legally responsible for the injuries of a customer who falls due to a slippery or dangerous condition the store customer has to prove that the owner or operator actually knew of the problem or should have known of the problem with enough time that an ordinary business own should have known. In the alternate, the claimant has to show that the dangerous or slippery condition happened so often that their particular situation was both regular and foreseeable. In other words, if you get hurt at Publix by falling on a grape, you have to prove that the Publix knew that the grape was there or it had been on the floor long enough that they should have known. The is a significant change in Florida law by shifting the burden of proof back...

How Not to Die From Gall Bladder Surgery

As a Florida hospital injury attorney I am surprised by the number of gall bladder removal procedures that are performed in our country on a daily basis. The procedure to remove a gall bladder is a called a cholecystectomy and according to the Mayo Clinic carries “a small risk of complications.” Laparoscopic Cholecystectomy, or “Lap Choly,” is a procedure performed to treat patients who may have a gallstone in the gallbladder, bile duct or inflammation in the gallbladder or pancreas. It is usually performed by general surgeons using a camera. The procedure is done under general anesthesia. In 1985, the first laparoscopic cholecystecomy was performed. In 1992, the National Institute of Health concluded that laparoscopic cholesystecomies are “safe and effective” in the treatment for most patients. Laparoscopic surgery is very popular with both patients and their insurance companies. Since the procedure is performed without a large incision, patients are usually able to return home from the hospital and go back to work. Nearly 750,000 laparoscopic cholecystectomies are performed annually in the United States, making it one of the most common elective surgeries. Unfortunately, there is a serious risk of injury or death associated with a laparoscopic cholecystectomy that many patients are unaware of until after the surgery. This is the possibility that there could be an intra-operative injury to the bile duct. This happens with greater frequency in laparoscopic procedures compared to open procedures when the surgeon is unable to fully visualize the anatomy and cuts the wrong duct. If the wrong duct is cut in a laparoascopic cholecystecomy it must be recognized and repaired immediately. Failure to recognize...

Teen Car Accidents in Florida

Sadly, as a Florida car and truck accident lawyer, I have represented families of teens killed in car accidents. Surprisingly, car crashes are the leading cause of death for Florida’s teens. Statistics show that teenaged drivers face the greatest risk of injury or death in their first year of driving. In fact, one out of every five licensed 16-year-old drivers in Florida will be involved in a serious traffic accident. Our Broward County injury lawyers recommend that parents of teenaged drivers understand that Florida law requires a teen to spent a minimum of 50 hours behind the wheel of a car when the apply for a driver’s license. That means that either the parent or another responsible licensed adult must sit in the front passenger seat closest to the driver. Florida law permits teens 15 years of age to apply for a Learner’s License. The are required to pass and complete a Traffic Law and Substance Abuse Course, written test, vision test, hearing test and obtain a signed Parental Consent Form. 16-year-olds are only permitted to drive between 6:00 AM and 11:00 PM. They may drive at any other time but must be accompanied by a licensed driver of greater than 21 years of age in the front passenger seat or be traveling to or from work. 17-year-olds are permitted to drive between 5:00 AM and 1:00 AM but must be accompanied by a licensed driver of greater than 21 years of age passenger seat at all times. 18-year-olds may obtain a fully privileged driver’s license in Florida. As a Fort Lauderdale car wreck lawyers believe that that primary...

Driving Without Insurance In Florida

As a Miami car accident lawyer, our office investigates dozens of Florida car crashes a month on behalf of injured car crash victims. As the economy worsens, more and more accidents involve uninsured or under-insured parties. Florida law requires that every [private car or truck owner or operator comply with the minimum insurance requirements. Florida Statute 324.021 defines the insurance requirements and the requirements of proof of financial responsibility. Many Florida car crash victims are confused between the two terms. ARVE Error: no video ID setbr /> Florida requires only two kinds of insurance to own or operate a car or truck: Personal Injury Protection (PIP) of $10,000 and Property Damage Liability (PDL) of $10,000. PIP is designed to provide payment to the owner or operator for medical bills or lost wages regardless of who is at fault for the accident. Accordingly PIP is commonly referred to as “Florida’s No-Fault Insurance.” PDL is for payment of property damage to the not-at-fault party’s car, truck or personal property. To me, as a Miami car accident lawyer, it seems a strange and confusing scheme. Florida demands that we insure our own medical coverage for up to $10,000 (presumably to protect doctors and hospitals) and the other person’s car or personal property damage. There is no mandatory Bodily Injury (BI) or Uninsured Motorist Coverage (UM) in Florida. Therefore, in Florida, there is no obligation to buy insurance that would pay the injured party damages for pain, suffering, disfigurement, disability or loss of the quality of life. Ironically, buried deep in the Financial Responsibility Chapter of the Florida Statutes is Section 324.021 (7)(a)...
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