Florida Child Wrongful Death Accidents on Swing Sets

Playground and swing set injuries account for account for over 200,000 serious child injuries a year. This number doesn’t represent the minor injuries, such as scrapes, bruises, and broken arms, only those that require calling an ambulance and assistance of the emergency department. Therefore, the actual number of child injuries from swing sets is far higher. According to statistics from the Center for Diseases Control (CDC), in addition to these grave injuries, children die each year while at play on swing sets, with 147 deaths in a 10-year period. These deaths are tragic for the family and the local community, and parents can be left feeling helpless after the wrongful death of their child. Florida’s wrongful death action and rights afforded a minor’s family provide a proactive way to find closure for the loss. How Are Children Killed and Seriously Injured on Playgrounds? In Florida, deaths on park playground and personal swing sets are reported each year. These Florida child wrongful death accidents mostly result from strangulation and falling. Only in a very rare instance is a child seriously hurt or killed by impact with playground equipment. Children in Florida are far more likely to sustain injuries on public playgrounds, such as those located at a local park or school. The CDC found that 75% of swing set injuries occurred on public equipment. But the inverse is true when it comes to death. Across the United States, nearly 70% of all child deaths on playgrounds occur on private property. However, children are also fatally injured on playgrounds at childcare facilities, daycares, and schools. In fact, a leading cause of...

Who Is Responsible for a Florida Car Crash if a Rental Car Driver Hits You?

Florida is a top vacation destination for people all over the United States, and the state also attracts a large number of international visitors. People flock to Miami and the rest of South Florida for the beaches, and head in droves to Central Florida for the amusement and theme parks. Every day of the year, rental car drivers traverse Florida’s roads en route to or from a vacation destination. Visitors to the state are unfamiliar with Florida roads. They don’t expect tricky exit ramps or sudden turns. These drivers are often using GPS or checking the route on their smartphone. Just as often, these drivers have exciting children, family, and friends in the car causing noise and disruption. Between the lack of familiarity and distracted driving, rental car drivers are incredibly likely to cause a Florida car crash. Who is responsible and liable if a rental car driver hits your car? Establishing Fault and Responsibility for an Accident Fault for an accident is extremely important. When a rental car driver causes a Florida car crash, you want to be certain law enforcement arrives at the scene and determines fault for the collision. Particularly when dealing with rental companies and their insurance, this official paperwork could be very important. It is also your proof that the rental car driver was responsible and is liable for injuries and property damage. In addition to the police report, you want to collect your own evidence of the accident. Take photographs of your car, the rental car, and any injuries. Also document the scene, before any vehicles are moved and write down your own...

GEICO Insurance Sues Florida Car Crash Referral Service 411-PAIN

Few people in Florida are unfamiliar with 411-PAIN and their plethora of advertisements. Parent company Path Medical has been heavily advertising the medical, accident, and legal referral service in the state for several years. As a result, the company’s jingles and remixes of popular songs are regularly stuck in Floridians’ heads and hummed during long car rides. The widespread recognition of 411-PAIN and its television spots doesn’t equate to a fantastic reputation. Just as most Florida residents are familiar with the advertising, they are similarly aware of the company’s dubious reputation. For every jingle, there’s been a negative review or opinion article that warns of poor referrals and worse customer service. Yet, a questionable review pales in comparison to the 193-page complaint filed against 411-PAIN by Government Employee Insurance Company (GEICO). What’s Alleged in the GEICO Complaint? GEICO filed a lengthy complaint against 411-PAIN in the Florida Middle District Court at the end of November. The complaint contained several allegations of medical fraud and fraudulent activity by 411-PAIN that amount to over $15,000,000 in damages. These allegations center on a substantial number of no-fault insurance charges 411-PAIN, through Path Medical, submitted to GEICO. If substantiated, the fraudulent claims would be illegal under several Florida laws, including Florida’s Clinic Act, the state and federal Anti-Kickback Statute, and the Self-Referral Act. GEICO alleges that in 2014 Path Medical started requesting insurance proceeds for medical procedures that were medically unnecessary, non-existent, unlawful, or unavailable for insurance payments. These procedures spanned a wide range of medical treatment, including initial consultations or examinations with a patient, follow-up appointments and check-ups, medical scans and diagnostic...

Most Common Causes of Commercial Vehicle Crashes in Florida

Commercial vehicles log thousands of miles and hundreds of routes on Florida’s interstates and highways alone. These vehicles move a substantial amount of goods and provide necessary provisions to Florida businesses and industries. As well, Florida’s connection to shipping ports and large airports make it a hot spot for international import and export. For the most part, the tractor trailers, semi-trucks, delivery vans, buses, and construction vehicles that qualify as commercial vehicles complete their routes without issue or disruption, but not always. Given the sheer number of hours these vehicles are on the roads, there are commercial vehicle crashes in Florida every day. Statistics on Commercial Crashes in the U.S. & Florida The Federal Motor Carrier Safety Administration (FMCSA) is tasked with identifying and tracking the number of commercial vehicle crashes in the United States. Each year this federal agency releases a number of reports on large trucks, buses, and other commercial vehicles, in an effort to increase safety and knowledge surrounding these commercial vehicles. According to the FMCSA, large trucks are involved in over 415,000 reported accidents annually in the United States. That is over 1,100 accidents per day, and the number of overall accidents and resulting fatalities are rising. In the most recently reported year, 2016, there were 3,986 people killed in collisions with large, commercial trucks in the U.S. This number of fatalities is 27% higher than in 2009. And many of these accidents and serious injuries are occurring in Florida. The reporting entity in Florida is the Florida Highway Safety and Motor Vehicles (FLHSMV), which collects, compiles, and releases reports on accident and collision statistics...

Child Drowns in Septic Tank Near Jacksonville, Florida… Who is to Blame?

On October 22, 2017, a child’s body was found in an underground septic tank at Bruce Park in Jacksonville, Florida. A day earlier, three-year-old Amari Harley went missing from a family birthday party in the park, and it’s believed that the child fell into the underground tank and drowned. Such accidental death of a child is a tragedy for the family and raises several questions regarding liability, responsibility, and blame for a child wrongful death in Florida. Negligence Involved in Amari Harley’s Death While certainly an accident, certain evidence around Amari Harley’s death indicates that it was preventable. In January of 2017, a Jacksonville resident filed a complaint with the city that the septic tank where Amari was drowned was uncovered. The City of Jacksonville took action at that time, but within a month of those repairs had to re-secure the same septic tank cover after it failed a routine inspection. In September, the septic tank and the heavy, rubber covering that enclosed the tank passed inspection, but just days before Amari’s death a man claims he nearly fell into the uncovered septic tank and planned to file a complaint. The same resident says the only covering for the underground septic tank at the time of Amari Harley’s death was made of a lightweight plastic. After these earlier complaints, the City of Jacksonville, which owns Bruce Park, appeared to take limited action and provided mediocre solutions to an ongoing problem with this underground septic tank. In the wake of Amari’s death, these solutions seem inadequate and even negligent. So, is the City of Jacksonville to blame for the child’s...
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