Premises Liability

Transitory Foreign Substances – Premises Liability

Have you ever had to deal with a transitory foreign substance? It sounds like something quite sinister, doesn’t it? Well, before you Google what that is we’ll tell you.

Transitory means (1) not lasting, enduring, permanent, or eternal. (2) lasting only a short time; brief; short-lived; temporary.

Foreign means (in premise liability cases) (1) not being from that area.

Substance for this discussion is, a substance. It can be anything. Grape jelly, broken glass, a golf ball.

Premises Liability refers to the responsibility of a property owner to maintain a safe environment for the public and employees.

It seems that lawyers have a language of their own, but there is good reason. Words are important in matters related to the law. When dealing with serious situations words must be specific. For example: If a person is shopping in a store and slips on a splotch of grape jelly, falls, and dislocates their back, this isn’t just another “slip and fall” case where the victim is looking to get a fast settlement. This is more likely, in the cases we handle, a serious situation involving a healthy person being permanently injured due to a lack of due care by a business or premises owner, because a transitory foreign substance caused a very serious accident.

We believe that when an injured person comes to us with a solid explanation and believable story explaining how they were injured, that person deserves to be listened to and believed. It is then our job to investigate the circumstances, extent of injury, and possible negligence and liability involved. It might be grape jelly or it might be a beam falling from the ceiling in a theater, we are here to listen and help.

The Florida statute involving “premises liability for transitory foreign substances in a business establishment” is 768.0755 and we know it well. Your rights are our primary concern, and if you are injured due to someone else’s carelessness you can trust us to listen to you and to believe you. Reach out to us at 954-356-0006 and we will arrange a complimentary consultation at your convenience.

 

Long Term Disability Cases – Fort Lauderdale Accident Attorneys

Many people have the conception of motor vehicle accident injuries as going like this: You get in an accident, you go to the hospital, you get Fort Lauderdale Accident Attorneysbetter and go home, you sue the other driver and get a lot of money so you can go on vacations and have nice things for a long time. That would be nice, but real accidents and their consequences don’t work like that.

Most serious accidents cause injuries that are not treated with a band-aid and a couple pain pills. Often they require serious medical treatment and long periods of rehabilitation, sometimes for the rest of the victim’s life.

If you read our blog, you know we like to put things in perspective by using everyday topics and then we employ some principles of science to make differences between one situation and another clear.

Football season is beginning, and soon we’ll be hearing reports about this player or that being sidelined with injuries. It’s part of the game. Here’s an example of how many injuries occur: An offensive player is running with the ball, and a defensive player crashes into him at full speed. The defensive player, who runs the 40-yard dash in about 4.5 seconds, will produce 1600 pounds of force! Hopefully the runner’s protective pads will absorb much of the force, but his body will take a pounding.

Using the same formula (Newton’s Second Law of Motion) for cars, the potential force absorbed by a human body can be as much as 300,000 pounds of force! Injuries in car collisions can be devastating.

Fort Lauderdale Accident AttorneysFort Lauderdale Accident Attorneys

When someone is the victim of an accident that results in long-term or even permanent disability, one needs to be very careful about approaching the subject of a settlement. What may seem to be a large amount of money today is actually not nearly enough to take care of a person well into the future. This is where an experienced personal injury attorney is so important. Over the years we have been contacted by many victims who rushed to a settlement, only to realize years later that they have no more money.

The Law Firm of Lazarus and Lazarus has the experience to understand traumatic injuries and how they can persist. Often there are complications from an initial injury that only come to be known as a victim ages. In more than 25 years we have seen every conceivable situation, and we insist that our clients are cared for today and in the long run. We are pleased to meet with you at your convenience and to reach us please call 954-356-0006 and ask for Gary or Arleen Lazarus. Your rights are our primary concern.

 

 

Florida Auto Accident Attorneys

Florida’s Move Over Law Means….Move Over! Florida Accident Lawyers

Most people don’t have a true understanding of how fast cars are traveling on the highways because they’re traveling along with everyone else. If you have ever had a breakdown and exited your car while other cars are flying by at 70 miles-per-hour, then you know. It’s fast! And it’s dangerous.

Police officers, paramedics, tow truck drivers, and others who respond to situations on the highways are often positioned very near the speeding traffic in order to do their jobs and they are in harm’s way. Because of this all 50 states have passed laws requiring that drivers approach emergency and service vehicles on the side of the road with caution, slower speed, and also requires that they “move over.”

In Florida, Statute 316.126 Title: Operation of vehicles and actions of pedestrians on approach of an authorized emergency, sanitation, or utility service vehicle includes the requirement to use caution and move over. Summary: State law requires drivers to reduce speed to 20 mph less than the posted speed limit and, if safe to do so, vacate the lane closest to stationary emergency vehicles, including towing and recovery vehicles, when traveling in the same direction. If such movement cannot be safely accomplished, the driver shall reduce speed.


A Fallen Officer’s Story
Deputy Sheriff Ryan Christopher Seguin Broward County Sheriff’s Office, Florida was struck and killed Feb. 15, ’06, by the driver of a vehicle as he and his partner made a traffic stop on Interstate 595 in Broward County, Florida. He was 23 years old.

 

 

Truck Accident Attorneys

Tractor Trailer Side Guards May Reduce Highway Deaths

Truck Accident AttorneysThe reason tractor trailer accidents are so devastating is mostly due to the fact that they are just so large. When a car is hit by a large truck, it’s like getting hit by 20 or thirty cars. The force is immense, and often so are the injuries.

For many years, regulations have required rear guards on the trailers of big trucks to prevent cars coming from the rear from “going under” the truck. Injuries from these types of collisions are particularly severe for obvious reasons. There have not been any regulations for side guards, however, and that may be changing.

A recent test by the Insurance Institute for Highway Safety was performed and results were promising. Because changing lanes is often the spark that causes serious crashes, drivers should always make sure there is nothing in the lane they’re changing to. If another car is in the way, that can be a dangerous situation. But if it is a tractor trailer, it’s quite another. At this time there is debate about the cost and safety outcomes for mandatory side guards, so future testing will be needed. Eventually, we hope the side guards are proven to be a significant improvement and they are installed on all trucks.

Florida Truck Accident Attorneys

Of the 1,542 deaths of passenger vehicle occupants in crashes with tractor-trailers in 2015, 301 involved the side of a tractor-trailer, compared with 292 that involved the rear.

Truck crashes involve complex forensic investigations and special expertise. The Law Firm of Lazarus and Lazarus has been working with the victims of serious truck crashes for over 25 years and we have the ability and the intensity to pursue justice and adequate compensation for victims of serious truck accidents. Please reach out to us at 954-356-0006 and we will arrange a confidential consultation.

Delayed Injury Pain After a Car Accident

car accident delayed injuriesOne of the reasons we urge people involved in accidents to reach out to us promptly is that insurance companies often attempt to settle cases before the manifestation of “delayed” or “hidden” injuries.

There has been extensive coverage of many former football players experiencing delayed effects of repetitive blows to their heads and now coming forward with diagnoses of brain damage. This is after many instances of contact, but certain hard contact experiences can present as serious injuries after the fact. Sometimes days, weeks, or even months after the incident.

Car Accident Delayed Injuries

The most common injuries are deep tissue and spinal issues, known as whiplash. A victim might feel fine after an accident, perhaps a little “shook up” but other wise fine. This is when an insurance company may attempt to ask you to settle your case. Later, you feel serious pain, and you don’t know what to do.

These are real injuries and you should not listen to anyone who says “it’s all in your head.”

Some of the common symptoms people feel well after an accident are:

HEADACHE
NECK AND SHOULDER PAIN
ABDOMINAL PAIN
BACK PAIN
NUMBNESS AND BRUISING
PTSD AND EMOTIONAL SYMPTOMS

We have seen this type of situation more times that we care to describe, and it is completely unfair to victims who are left out in the cold to deal with medical expenses, time lost from work, and long-term pain.

After an accident, even if you feel fine, it’s a very good idea to contact an experienced personal injury accident attorney. You may call us at 954-356-0006 or click here to fill out a form that will permit us to call you back immediately.

 

A Dangerous Walk – Florida Pedestrian Accidents

In addition to being the most dangerous state for motorcyclists, Florida also holds the record for being the most dangerous state for pedestrians. Of all the metro areas in Florida, the Miami-Fort Lauderdale-West Palm Beach are is 11th, so we’re a little better than Tampa-St. Pete, Orlando Kissimmee, Jacksonville, and a few others but we have a lot of work to do to make our crosswalks safer.florida pedestrian accident attorneys

What are the numbers?

In Florida, during the 10-year period ending in 2014, 5,142 people were killed by a car while walking. In South Florida, the toll was 1,508, an average of 150.8 per year.

The population of Miami-Dade, Broward, and Palm Beach counties is 5.6 million people.

A report titled “Dangerous by Design 2016” compiled the statistics and is available by clicking here. Most of the blame was directed at poor road design.

If you’ve ever visited New York City, you have witnessed people crossing the street at intersections when the “walk” light flashes on without even looking for cars. Huge numbers of people just plow right into the intersection and cross without giving a single thought that they might be hit. It is customary for drivers to also obey the crossing signals and red lights, and actually stop. Pedestrians are usually given the right of way and in 2016, 144 pedestrians were killed in the whole city. Population 8.5 million.

If you live in south Florida, you should be aware that this is not even close to being the same situation. For some reason, pedestrians are often ignored and it seems drivers just don’t see the signals.

Until designs are improved and crosswalks are safer, pedestrians would be prudent to look both ways and watch out for cars. Just because the crosswalk light says “walk” doesn’t mean you’re safe. Look both ways. Look every way! And cross with caution.

We have handled far too many cases involving pedestrian injuries and death. If you have questions, please reach out to us at 954-356-0006 and we’ll be happy to set up a consultation. Thank you.

Motorcyclists: Two Things Can Help Protect You

The latest numbers are out and Florida continues to hold the dubious distinction of being the most deadly state for motorcycle accidents.  According to AAA, motorcycle deaths rose 30 percent in Florida, between 2014 and 2015. In 2015, Florida holds the top spot for the number of motorcycle accident fatalities, at 606.

So what are we going to do about this?

We are proponents of the “look twice, save a life” program which urges drivers to pause and check two times to make sure there is not a motorcycle coming before they pull out into traffic. Also, we stress constantly that drivers should never text and drive – these two things are responsible for thousands of fatal motorcycle accidents every year.

What can motorcyclists do? Two things: Skill, and Gear.

Skill: Even the most advanced and experienced riders need to occasionally take a safety course. Airline pilots receive constant instruction and testing to keep their skills fine-tuned. Motorcyclists need to do the same. In south Florida, contact the Safety Council of the Palm Beaches  or click here to find courses all over the state of Florida.

Never drink and ride. Don’t speed.

Fort Lauderdale Motorcycle Accident AttorneyGear: According to the National Safety Council, A helmet is the most important equipment a biker can use. In 2015, 1,922 motorcyclists who died were not wearing a helmet.

Helmets are estimated to be 37% effective in preventing fatal injuries for operators and 41% for passengers, and they saved an estimated 1,772 lives in 2015, according to Injury Facts® 2017. An additional 740 lives could have been saved that year if all had worn helmets.

Wear a protective jacket designed for motorcycle riders. Wear proper gloves. Choose a bike that’s the right size for you, and invest in anti-lock brakes.

Fort Lauderdale Motorcycle Accident Attorney

Serious motorcycle accidents have been a major part of our law practice for over 20 years, and we have represented hundreds of victims. We help injured people get their lives back after devastating injuries, getting them the maximum compensation for their pain and suffering, medical bills, and lost work.

Call us at 954-356-0006 to arrange a confidential conversation with our attorneys.

Driving with the Dog – Please do it Safely

Personal Injury Attorneys South FloridaCruising around south Florida in the car on a beautiful sunny day, it’s one of the reasons we live here. And taking the family dog might seem like fun for the driver and the dog, but dogs present some issues regarding safety for everyone.

First of all, we often discuss the issue of distracted driving as it pertains to texting or talking on a cell phone. But a dog in the car can be an equally dangerous distraction. The American Automobile Association conducted a survey and found that many people enjoyed riding with their dog on their lap, petted their dog while driving, and many even said they liked to take pictures of their pooch while driving. Talk about distracted. One moment of distracted driving can cause a horrific accident and so ee urge people not to do any of these things for obvious reasons.

Let’s talk about the safety of your pet. Driving with an unrestrained dog in the front seat is very dangerous for several reasons, but one in particular is that most cars today have airbags, front and side. If an airbag goes off, it may actually throw your dog through a window and out of the car onto the street. This has happened, and it’s totally tragic. Petco.com has several dog restraints here: Click Here.

Let’s also not forget about the terrible potential danger of leaving a dog unattended in your car. It seems unthinkable that a responsible person could leave their beloved pet in a hot car, but it happens all the time.

Fortunately, Governor Rick Scott signed House Bill 131 into law, allowing Floridians to break into locked automobiles to rescue animals or vulnerable people who are “in imminent danger of suffering harm.”

The bill comes as a direct response to the growing number of incidents where pets and children have died because they have been left in overheated cars. However, the new law will only protect breaking into a vehicle under strict guidelines. If you’re faced with the situation, here’s what you need to know: First, you must check that the vehicle is locked. After doing so, call 911 or law enforcement before entering the vehicle or immediately after rescuing the child or pet. Finally, use no more force than is necessary to break in — and remain with the person or animal until first responders arrive.

Here’s our advice: Leave the dog home, unless you’re taking it to the vet or moving.

South Florida Accident Attorney

In 20+ years of representing victims of serious car crashes, we have seen it all including pets injured and pets causing accidents. Dogs and cats are wonderful companions and they are like family to many people, but they simply don’t belong in our cars.

We are experienced personal injury attorneys representing people all over Florida who have been injured to to the carelessness or negligence of someone else. Please call us if you have any questions,, and thank you for reading our blog. 954-356-0006.

 

Car Seat Safety – Fort Lauderdale Accident Attorney

Fort Lauderdale Accident AttorneyEveryone knows that children should be properly belted in to a child-restraint seat while in a moving car, right? Not necessarily. A recent survey revealed that 21% of adults in the U.S. don’t think it’s necessary to buckle kids in car seats when going on a “short trip.” (Source)

In 2013, three children were killed and 470 were injured every day in car accidents in the United States. (Source)

Finally, 26% of children killed in car accidents in 2014 were not restrained in car seats. (Source)

Lets see what the law says in Florida:

Chapter 316.613 of the 2017 Florida Statutes: 316.613 Child restraint requirements.—
(1)(a) Every operator of a motor vehicle as defined in this section, while transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall, if the child is 5 years of age or younger, provide for protection of the child by properly using a crash-tested, federally approved child restraint device.
1. For children aged through 3 years, such restraint device must be a separate carrier or a vehicle manufacturer’s integrated child seat.
2. For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a child booster seat may be used. However, the requirement to use a child restraint device under this subparagraph does not apply when a safety belt is used as required in s. 316.614(4)(a) and the child:
a. Is being transported gratuitously by an operator who is not a member of the child’s immediate family;
b. Is being transported in a medical emergency situation involving the child; or
c. Has a medical condition that necessitates an exception as evidenced by appropriate documentation from a health care professional.

The statute goes on further – click here – but the penalty for failure to comply is a moving violation, and three points will be assessed against the driver’s license of the offender. This seems like a trivial punishment considering the possible damage to a child and indeed the entire family of a young life lost in an accident.

There is no excuse for not obeying this important law.

Using the right car seat is also crucial. Here is a link to a service that calculates the proper seat based on a child’s age, weight, and height: Click Here.

Once you have a car seat, almost every police department in south Florida will inspect it to make sure it is properly installed and you are using it properly.

Fort Lauderdale Accident Attorney

The Law Firm of Lazarus and Lazarus has helped victims of serious auto, truck, and motorcycle accidents for over 20 years and unfortunately we have worked with many cases that involved children. Serious injuries to children are almost always preventable by simply taking the time to install and then a car seat.

Fort Lauderdale Personal Injury Attorney

I’m Going to File a Lawsuit! Florida Personal Injury Attorney

Some say we live in an overly litigious society. Personal Injury Case Review

How often have you been “wronged” by someone, and the first thing you think of is taking them to court? It’s a normal reaction because everything we see in the news is about cases where someone finds a fly in their soup and receives $50 billion dollars in a judgment. Those things really don’t happen.

The truth is that a conscientious, responsible attorney does everything to avoid going to court. It starts with case review.

The prudent course of action before starting any type of legal case is to get the facts. Who, what, when, where, and why? Accumulating this information can make the difference between a successful case and wasting time and money. Judges don’t appreciate having their time wasted, and most will not tolerate frivolous lawsuits.

On the other hand, you may have an excellent case, but how will you know?

The Law Firm of Lazarus and Lazarus has earned a sterling reputation for successfully representing victims in south Florida because we conduct a thorough case review prior to moving forward with any legal action. We are very meticulous about this because we want to make sure we are giving victims the straight story and not wasting their time.

Fort Lauderdale Personal Injury Attorney

Reaching out to us is easy! You can call us at 954-356-0006 or you may click here and fill out the form. We will be in touch with you fast, and we’ll listen carefully to your story. It’s far better to get the real story up front.