Florida Injury Lawyer Blog

As a lawyer who sues the Florida Department of Transportation for injuries caused by its carelessness it did not surprise me that that those fancy high speed automated monorails that zip nearly 9000 passengers per day between terminals on the premises of Miami's International Airport (MIA) would end up causing a serious Miami accident.

The Florida Department of Transportation has taken a hands-off approach to inspection and safety of the MIA monorails even though MIA is located within the State of Florida. What is even stranger is that the FDOT oversees identical monorails at both Tampa and Orlando airports. Wonder why? It probably has something do with money.

Sadly, on November 23, 2008, a horrible accident happened at MIA when a three-car monorail on Concourse E with passengers on board flew past its designated stop and slammed into a wall. The accident caused serious personal injury to several Miami passengers and millions of dollars of property damage.

The FDOT did not investigate the accident, but rather, it was left to the National Transportation Safety Board (NTSB). The NTSB holds itself out as an "independent federal agency" charged with the investigation of accidents and the promotion of transportation safety. As I recently reported on the "Huffington Post," the NTSB investigation revealed that accident could have and should have been prevented by appropriate supervision of the maintenance team. More importantly it recommend that the FDOT be involved in overseeing the safety of monorails in the State of Florida regardless of compensation.

Florida's Statute §330 requires the Florida Department of Transportation to administer and enforce the rules and regulations for public airports. I guess the FDOT did not get the memo when it decided to essentially allow the maintenance technicians for the MIA monorail to decide how and when they were to inspect, maintain and repair monorails. That is essentially like allowing a ten-year-old to babysit a nine-year-old without parental supervision, making disaster a certainty.

As a Miami-Dade County PI lawyer, I believe that accidents like this are preventable with proper oversight and accountability. The FDOT needs to work closely with all monorail systems within the state to ensure their safe operation.

People get injured by slipping and falling in a Miami store or businesses every day. Many serious injuries can be avoided if Florida's business owners would simply take the time and invest the money to make their stores safer.

As a Florida supermarket trip and fall attorney, I have represented customers who have been injured in grocery stores, convenience stores, shopping malls and big-box retailers for over twenty years. Consistently, I have found that most of our clients have fallen because the business owner has not dedicated enough resources to customer safety. Some companies spend millions advertising each year but skimp when it comes to keeping customers safe.

Customer safety begins by creating the safest environment reasonably possible. Stores should have adequate lighting, clean and clear places to walk and non-slip surfaces. Many people in South Florida walk around in sandals and open-toed shoes. Knowing this, extra precautions should be used by store owners to make sure that anti-slip surfaces and anti-slip wax are used.

In addition, there should be a detailed inspection protocol for store aisles. Depending on the size of the store, employees should be assigned to inspect the floors for dangerous or slippery conditions on a routine basis. We recommend that floors should be observed several times per hour and a checklist form completed after each inspection.

Furthermore, spills should be properly cleaned and dried before customers are permitted access to the scene. Pop-up safety cones, like the Spill Safety Cone, are excellent products that provides a high-quality and cost-effective alternative to the leading high-priced safety cones currently on the market.

The Spill Safety Cone comes in two sizes: 20 inch & 30 inch. We recommend the 30 inch cone as it provides even greater visibility to distracted shoppers. The cone comes in a plastic storage sleeve with mounting hardware included. It is a strong, simple, device that is made of a high-quality, durable materials and can fit seamlessly into existing safety cone programs. Furthermore, since there is a low replacement cost, store owners should be more likely to use them.

We also recommend that any business owner with a large demographic of Spanish- speaking customers also use bilingual markers that have ANSI approved symbols. It is also essential that business owners training their employees how to inspect, clean and maintain the premises is essential to eliminate unnecessary slip and fall injuries.

Our North Miami Beach slip and fall injury lawyers are devoted to holding businesses responsible for injuries caused by failing to putting profits over customer safety.

As a Miami lawyer who helps people who have fallen in Florida businesses for over twenty years I have seen many different injuries ranging from sore backs to broken legs and arms. I believe that the most important issue is obtaining immediate and appropriate medical care. Many stores are trained not to call for fire rescue for injured customers as it might indicate that a more serious injury has been sustained.

In Florida injury claims against grocery stores, plaintiffs are questioned and criticized by the fact that fire rescue did not come or that immediate medical care was not sought. I am not suggesting that you have an ambulance come if you are not injured, but if you are unsure of the extent of your injury or cannot decide, I always recommend that you have an ambulance come.

Injured people are sometimes concerned about the cost of fire rescue or having an ambulance transport you to a hospital. The thought of sitting in an emergency room waiting hours to see a doctor is also unpleasant.

In the end, we believe that the health and well being of our clients is most important.
I recommend being absolutely candid about your injuries, medication and previous medical history with fire rescue and at the emergency room. Failure to provide complete and accurate information will subject the injured customer to criticism once the claim is made.

Virtually every Florida grocery store, convenience store or shopping mall owner or operator has installed multiple digital surveillance cameras. A copy of the surveillance video of the accident is crucial information for successfully proving a Fort Lauderdale slip and fall claim and should always be requested immediately after the incident

Our Miami fall down accident lawyers are devoted to holding businesses, grocery stores, shopping malls and car dealers accountable for keeping their premises safe and clean.

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 driveway of any tripping hazards. In addition, we recommend that you provide ample lighting so that first time visitors do not trip or fall on your property.

Florida Statute 768.075 states that property owners have an obligation to maintain their property in such a manner so that so that vistors are not injured. This applies to "trespasser" who reasonably believe they have an invitation to be on the property. Therefore, as a Florida premise liability lawyer, I recommend that you make your home as safe as possible and leave the haunted houses to the professionals. Setting traps that will cause sudden or unexpected things to jump out to scare visitors might create a hidden danger under Florida law.

As a Miami dangerous product lawyer, I suggest that you do not use an open flame in any of your Halloween displays, that might ignite a costume or cause other injury. The United States Consumer Product Safety Commission has more information about Halloween Safety.

If you simply do not want Halloween visitors, I suggest that you post "no trespassing signs" and remove any Halloween props from your home that would provide someone with the belief that they have been invited on to your property.

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 into the hands of the injured plaintiff. Florida Statutes §768.0755 is a major victory for business owners, like Publix, and for insurance companies because the previous statute and law were more claimant friendly, making it easier to prevail at trial.

It should be noted that the new Florida Statute does not affect Publix's common law duty to use reasonable care in the maintenance of its stores and to warn customers of any hidden dangers. But there is no mistaking that this new law will have a significant impact in the ability of injured customers to prove and win Florida fall down cases.

Read the lawsuit of a current case our Florida personal injury lawyers have against Publix: Complaint-8100.pdf

Our Miami-Dade County Wal-Mart fall down injury lawyers represent the injured throughout the State of Florida. We are often contacted weeks and months after the fall occurs which makes the successful representation of the injured more difficult. Our law office recommends that if you are injured at a Wal-Mart you consider the following immediately.

1. Report the injury when possible to a Wal-Mart employee.
2. Get the employee's name and title.
3. Note the time of the fall and when you reported it.
4. Do not sign anything you do not understand or that is written on your behalf.
5. Request a copy of anything you sign.
6. Do not let the Wal-Mart employee photograph you without your permission.
7. If the employee insists you smile for the camera, don't.
8. If Wal-Mart employees insist on photographing you, photograph them.
9. Obtain the names of any witnesses to the fall.
10. Figure out what caused you to fall. Was the floor wet or slippery?
11. When possible take your own photographs. Use your cellphone.
12. Call 911 if you are injured. Do not rely on Wal-Mart to call for you.

If you are injured, contact an experienced Boca Raton Wal-Mart injury lawyer and insist that they request the surveillance video from the store for the 3 hours before and after your fall. This is crucial evidence since many people who slip and fall and are injured in stores like Wal-Mart, Publix, K-mart, Costco and BJ's Wholesale Club mistakenly believe that simply because you fall in a store and are injured the store is responsible for it. Here is a sample of our letter: Signed Preservation letter-36174.pdf

Florida law is very specific as to how and to whom a claim can be legally made.
The Florida Statutes §768.0755 provides the law on slip and falls in businesses. The law requires the injured person prove that the business actually knew of or should have known of the dangerous condition that caused the fall and should have fixed it. One can prove that the business owner should have known of the condition if the condition occurs with frequency like a broken water main or was foreseeable like placing a drink cooler with ice bucket that does not have adequate drainage. In other words, if someone were to slip and fall in Florida before a store like Wal-Mart reasonably should have been aware of it the condition, there is no case. That is why obtaining the surveillance video is so important because it will prove in some cases how long the liquid or other substance was on the floor. It will also show how often the aisles are inspected by Wal-Mart's employees. This law applies no matter how serious the injury is.

People slip and fall every day in Florida and it is not always someone else's fault. However, as a Palm Beach personal injury lawyer I suggest that when and if you fall due to the negligence or carelessness of a business owner, it is important to move quickly to protect your legal rights and ensure that you have the greatest chance of obtaining compensation for your injuries, medical expenses and time away from work.

Estimado Abogado Spencer Aronfeld:

En una reciente visita a una tienda local de partes de auto, me resbale y cai. Me quebre el brazo y quiero conocer mis derechos.

Quebrado en South Beach

Estimado Quebrado en South Beach:

Gracias por su correo electronico a nuestro bufete de abogados en la Florida de casos de tropiezos y caidas. El estado de la Florida tiene dos requerimientos para duenos de negocios. Primero, los duenos de negocios tienen que mantener sus negocios en condiciones razonablemente seguras y segundo, ellos deben de advertir si hay alguna condicion peligrosa. Sin embargo, si la vitrina esta abierta y evidente, la tienda o negocio todavia tiene una obligacion de mantener su propiedad.

En el caso de Maria Rocamonde v. Marshall's, una senora tropezo y cayo en una base de estante de exhibicion que sobresalia mas alla de la parte superior y fue herida. El Tribunal de Apelaciones del Tercer Districto dictamino que si bien la senora Rocamonde vio el estante de exhibicion antes de caer, lo que haria que el bastidor "abierto y evidente", Marshall's todavia tenia que mantener su tienda en una condicion segura.

Como abogado de la ciudad de Miami especializado en casos de tropiezos y caidas, estoy feliz de ver que los resultados de este caso, ya que obligara a los duenos de negocios a mantener sus tiendas seguras para todos sus clientes. Le deseamos lo mejor en su busqueda por la justicia.

Dear Spencer:

Broken in South Beach

Dear Broken in South Beach:

Thank you for your email to our Florida trip and fall law firm. Florida law has two requirements for business owners. First, store owners must maintain their businesses in a reasonably safe condition and second, they must warn of any dangerous conditions. However, in your case, if the display case is "open and obvious" the store still has the obligation to maintain its property.

In the case of Maria Rocamonde v. Marshall's, a lady tripped and fell on the base of a display rack that protruded further than the upper portion and was injured. The Third District Court of Appeal ruled that while Ms. Rocamonde saw the display rack before she fell, which would make the rack "open and obvious", Marshall's still had to maintain its store in a safe condition.

As a Miami slip and fall lawyer I am happy to see that the results of this case as it will force business owners to keep their stores safe for all customers. We wish you the best in your pursuit of justice.

As an experienced cruise ship passenger injury attorney we are contacted from injured passengers and their local attorneys from around the world. Many are surprised to learn that regardless of where the ship embarks or departs, most cruise lines have buried in the tiny print of their tickets legal language that requires that any cruise ship injury claim be filed in Miami at the United States Federal Court, Southern District also known as Federal Court.

Many people are injured disembarking their cruise ships either on the tender or on excursions. Florida law is clear that cruise ships have a non-delegable duty to provide safe transportation between the ship and shore. Cruise lines try to defend these injuries by claiming that they are not responsible for negligence caused by the tenders because they do not own or control them.

Currently our cruise ship injury lawyers are representing in Federal Court, a Texas woman who was severely injured when her leg was caught between a tender and the dock in the Cayman Islands port of George Town. She was a passenger on Carnival Cruise Lines Conquest. After her fall she was taken to George Town Hospital where a crush fracture was diagnosed. The case is currently set for jury trial for June 2011.

Our Florida injury law firm receives many calls each week from people injured while at work. Florida's workers compensation immunity is yet another law that reflects our State's unbridled passion to protect the interests of business and insurance and not workers and consumers.

Florida Statutes Section 440 generally prevents an employee from suing his/her employer for an injury sustained at work, even if the injury is due to the employers own negligence. This is commonly referred to as "workers compensation immunity." Florida worker's compensation law also has very strict reporting requirements and limitations as to what compensation injured workers are legally entitled to receive.

There are exceptions to this rule depending on the employer's conduct and when an the injury or death is caused by an employee of a different company. This typically occurs at industrial complexes and construction sites. Currently our office is representing Jose Miranda, a construction site worker who was injured at a Miami construction site by a crane.

As a Miami injury lawyer, I believe that if you are injured at work you should immediately obtain medical care and obtain a consultation with an experienced lawyer about your legal rights.

As a Florida trip and fall accident lawyer, I wonder why more places do not put up signs telling customers to be careful? According to the Centers for Disease Control and Prevention, costs for treating falls is more than $19 billion annually, with a projected cost of at least $43 billion by 2020.

We have represented folks who have fallen in restaurants, supermarkets and parking lots for reasons ranging from wet or greasy floors, clutter and debris, to uneven surfaces, improper cleaning and lack of hazard identifications across the State of Florida.

We believe that many of these falls might have been prevented with the installation of a sign telling visitors just to be careful. More businesses should take the time to make sure their property is safe before someone gets hurt. If you are injured by slipping or falling contact Miami Florida personal injury lawyer Spencer Aronfeld.

As a Florida lawyer who sues Walt Disney World, I was interested in seeing that WDW is facing a lawsuit seeking more than $200,000 in damages after a Pennsylvania woman claimed a person in a Donald Duck costume groped her breast two years ago. April Magolon claims that in May 2008 Donald Duck performed a "physically menacing act" by "grabbing her breasts and molested her".

The key to proving this case is obtaining the video surveillance of the incident, all of the employment records, hiring and screening protocols and training regarding physical contact with guests. The video will make or break Disney's defense, I await with great interest as this case progresses.

As a cruise ship injury lawyer, we get calls from injured passengers or their attorneys from all over the world. Many of them find out the hard way that most passenger's cruise tickets provide for a one-year statute of limitations on personal injury claims against the cruise line.

This makes no sense. If you slip and fall stepping out of the taxi because the sidewalk is defective at the Port of Miami, you have four years to file suit. Walk 100 feet up the gangway of your cruise ship; and slip because of a dangerous condition and your statute of limitations drops to one year. Welcome Aboard.

What I typically hear from the out of state lawyers is that the cruise line dragged out settlement negotiations to the point that the statute was blown.

Congress took a giant step to protect cruise ship passengers when it passed the Cruise Vessel Security and Safety Act of 2010 last week. In it cruise lines now have to:

* Install peep holes in passenger staterooms;

* Maintain ship rails at least 42 inches high;

* Install video surveillance equipment for monitoring passenger safety;

* Install warning devices that can be heard throughout the ship;

* Initiate a process for reporting crimes;

The law goes into affect next year, so until then, I guess we are on our own. Hey President Obama, can you get the Statute of Limitations to be extended to four years?

As a Florida personal injury trial lawyer, I watched with great interest the confirmation of Elena Kagan to the U.S. Supreme Court. Is she going to be good for the interests of the injured victims of corporate negligence and greed? Or will she tow the conservative line that has allowed so many important freedoms to have been strangled out of our system of justice?

There are but few clues, since Justice Kagan did not have much of a track record as either a lawyer or a judge. She was a government lawyer and the first woman dean of Harvard Law School. Her lack of real world experience either helping or hurting people makes her hard to predict. The only glimpse of hope is that while at Harvard she prohibited the armed forces from recruiting on campus because of the military's anti open gay and lesbian ban violated the school's human rights policies.

Sadly, I am not very optimistic. First the lack of experience representing the injured speaks volumes to me. The time at Harvard Law School and as Solicitor General screams elitist, government, conservative. And finally, President Obama has not impressed me at all so far, and I cannot imagine that Elena Kagan will be much different.

As a Miami slip and fall attorney, I find this fact pretty hard to believe: if you slip and fall at the Seminole Hard Rock Casino parking lot or in a bathroom, you cannot sue them when your fall is due to their negligence. What?

True. It is called sovereign immunity protection. Sovereign immunity, is an outdated legal concept to protect the sovereign or King against loss of assets held in common for many people. The problem is that Indian owned business like the Seminole Hard Rock Casino is a commercial business enterprise, not a government entity. It is just plain wrong to allow a business that has hotel rooms, slot machines and swimming pools to escape responsibility based upon this outdated law.

Click here to read the exclusive claim procedure for the Seminole Hard Rock.