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.

 

Fort Lauderdale Accident Lawyer

Bone Fractures and Long-Term Effects – Fort Lauderdale Accident Attorney

Fort Lauderdale Accident AttorneyWhen you were young, did you ever break a bone? For many people broken bones were almost common, especially if they played sports. Emergency rooms are full of young, amateur athletes every weekend with injuries ranging from cuts and scrapes to concussions, broken arms and fractured legs. Usually a cast goes on, and weeks later it comes off. The patient usually is good as new!

That’s not always the case for people in their middle-aged years or the elderly.

When you suffer a broken bone in an accident and you’re over the age of 40, there are many issues that can come up that impede the healing process and cause serious complications. Some of the damage and complications that accompany broken bones include:

Vascular Damage – In some cases, a person may experience vascular damage, such as the disruption of blood to the femoral artery. A pelvic fracture, for example, is life-threatening and could damage the femoral artery – which will result in death if it is not treated properly and quickly.
Loss of Mobility – Certain fractures may lead to a permanent or long-term loss of mobility. For example, a hip fracture in an older individual could never heal properly.
Respiratory Issues – When a victim suffers from a fracture of bones in the chest, such as a rib, he or she could suffer from a pneumothorax or other breathing issues.
Visceral Injuries – If the fracture protrudes into other organs, such as the lung or bladder, it can cause permanent organ damage.
Nerves and Tissue Damages – Sometimes a fracture can lead to permanent damage to the surrounding tissues, nerves, and skin – depending on the severity of the break.
Systemic Complications – These can include things like fat embolism, shock, sepsis, pneumonia, and an exacerbation of an underlying condition.
Compartment Syndrome – This occurs when internal pressure within a closed off space compromises the body’s circulation and results in temporary or permanent damage to that area.
Improper Bone Healing – Sometimes, the initial injury does not cause damage; instead, it is the healing process. If the fracture does not heal or is delayed from healing, the patient could suffer from other complications, including malunion. They may need surgery to repair the malunion.
Myositis Ossificans – This occurs when the calcifications develop within the muscle and are often accompanied by a bone fracture. The condition can cause intense pain, tenderness, swelling, and muscle contractions.

It is because of these and other hidden complications that it is critical to consult with an experienced personal injury attorney immediately after an accident and before you agree to any settlement. What seems like an open and closed case might evolve into a painful, expensive set of medical circumstances down the road. An experienced personal injury accident attorney will guide you towards the best possible course of action to protect now, and into the future.

The Law Firm of Lazarus and Lazarus will meet you and look over the facts to give you options. Our meetings are completely confidential and we will set a time that works with your schedule. Please call us at 954-356-0006 and thank you.

Fort Lauderdale Personal Injury Attorneys

Independence Day – Don’t Have an Incendiary Incident

This year, as usual, millions of people will honor the birthplace of our great nation by intoxicating themselves and blowing things up with illegal fireworks. We have handled cases where people have lost limbs due to careless use of fireworks, and it is devastating when the injuries involve an innocent child who happens to be in the way of an errant projectile.

People think they can handle explosives, but the truth is that any use of fireworks is dangerous unless you are a trained professional. And even professionals are sometimes injured and killed.

Injuries from fireworks have increased over the past 5 years.

2010      8,600 injuries

2016      11,900 injuries

Four people in the U.S. were killed by fireworks in 2016.

Leave the fireworks to the professionals. Think about what could happen to innocent children or others who are nearby. The pain and suffering that will go on for years is not worth the spectacle of amateur at-home fireworks.

Fort Lauderdale Personal Injury Attorneys

The Law Firm of Lazarus and Lazarus represents victims of serious injuries resulting from negligence, carelessness or reckless behavior of others. If you are injured and would like legal advice, we would be happy to sit down with you and talk. Please call us at 954-356-0006.

 

Published on YouTube: Jun 28, 2017

Broward Sheriff Fire Rescue, the Broward Sheriff’s Office Bomb Squad and the Florida Bureau of Fire and Arson Investigations teamed up to show the dangers of fireworks at The Broward Fire Academy in Davie, FL Wednesday. The bottom line: If you want to see fireworks, leave it to the pros and consider watching one of the public, permitted displays at many cities and entertainment venues in South Florida.

 

The Requirements of Medical Malpractice

Fort Lauderdale Medical Malpractice LawyerPeople go to the doctor for various reasons and sometimes they are admitted to a hospital for any number of reasons. When things don’t go as expected, there is often a lot of finger pointing as to who is at fault. It may be nobody, just nature’s way of working things out or it may be because of someone’s carelessness, negligence, or malpractice. So what constitutes a medical malpractice case?

First, there must be the existence of a doctor-patient relationship. You must be able to prove that the doctor involved actually treated you or was involved in your case. A casual conversation in Starbucks does not constitute a doctor-patient relationship.

There must also be a deviation from the accepted standard of care. If the normally accepted method for treating a broken finger is to wrap it in a banana peel, and your doctor did that properly but your finger did not heal, then your doctor probably did not deviate from the accepted standard of care. Unless there were other circumstances, you may not have a case.

You then have to be able to prove that a deviation from the standard of care directly resulted in your injuries. Not getting better is different than getting worse. All these issues must be carefully examined and analyzed before proceeding with a case.

Damages. You must be able to prove that you sustained damages in order to have a case. Damages can include lost wages, physical pain, mental anguish, medical costs, and so forth. You cannot sue a doctor for malpractice, even if he or she was negligent, if there were no damages associated with the negligent act.

Because “standard of care” is so important, here is a definition: The “medical standard of care” is typically defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice.

Now, it is not your responsibility to understand all this and that is why medical malpractice attorneys are here to help. The law was designed to help people, but in order for the system to work properly there have been many meticulous procedures put in place to avoid chaos and a lack of order.

Malpractice attorneys exist so a victim can approach the courts and work within the system to obtain reasonable compensation for pain, suffering, lost wages, medical bills, and other damages caused by the negligence of others.

The Law Firm of Lazarus and Lazarus has been working with victims of medical malpractice for over 20 years. We understand the types of cases where standards of care are not followed, and we know the statutes that deal with these instances. Our priority is to safeguard the rights of our clients and help them receive the maximum compensation for their damages.

Please call us at 954-356-0006 if you would like to arrange a confidential consultation, and thank you.

Trucks Have Black Boxes, Too – Fort Lauderdale Truck Accident Attorney

When a plane crashes, everyone wants to know what kind of data will be obtained from the “black box.” Even though they are usually bright orange, the “black” boxes have millions of pieces of data that help investigators figure out what caused the accident.

Trucks and cars don’t always get along on our roads and highways, and when they collide with each other the resulting damage can be devastating. Having access to the black box data can help put the pieces together.

Most semi-trucks and commercial vehicles manufactured in the United States have Electronic Control Modules (ECM), which are integrated into the engine’s components. These control the engine’s performance, ensure fuel economy, regulate emissions, and protect the engine from abuse. They are used to troubleshoot mechanical issues and even monitor how the vehicle operates. They are also a critical piece of evidence following a collision. These ECMs could record data that is useful in determining what happened during the accident, as well as moments leading up to it.

Depending on the make and model of the semi-truck, the ECM could record a multitude of data. The events recorded are referred to by different names, such as Hard Brakes, Quick Stops, Sudden Decelerations, etc. But, the type of data recorded by the ECM may include:

• Average speed of the truckFort Lauderdale Truck Accident Attorney
• Highest speed the truck reached
• Brake times
• Throttle percentage
• RPMs
• Time driven
• If cruise control was on or off
• Amount of time the semi-truck drove more than 65 miles per hour

Truck accidents involve issues that make them more complex than most car accidents. Large truck are usually owned by corporations and may have multiple owners. Insurance is different than car insurance, and there are different rules and regulations that cover trucks.

Truck accidents have been a major portion of our practice here at Lazarus and Lazarus, and we have analyzed the data from black boxes many, many times. Our clients are our main goal, getting them the maximum compensation allowed by law, so if you have any questions please call us at 954-356-0006 and we’ll set up a consultation. Thank you.

 

2017 South Florida Boating Accidents – Fort Lauderdale Boat Accident Attorneys

Memorial Day is the traditional start of summer, and people start crowding south Florida waterways with their boats. Safe Boating Week was actually May 20 – May 26th, but if you search the news for boating accidents, there are many:

• Multiple Boating Accidents On Busy South Florida Waters
CBS Miami-May 14, 2017

• Multiple Seriously Injured in Fort Lauderdale Boating Crashfort lauderdale boating accident attorneys
NBC 6 South Florida-May 21, 2017

• 1 Survivor, 2 Dead In Boating Accident Off Hollywood
CBS Miami-May 23, 2017

• Boaters Hurt In Series Of Weekend Accidents On South Florida Waters
CBS Miami-May 21, 2017

• Coast Guard Searching for Woman After Boating Accident
U.S. News & World Report-May 16, 2017

• Boating mishap kills Vero Beach resident
TCPalm-19 hours ago

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What to do When You’re Stopped by the Police – Florida Accident Attorneys

We aren’t criminal defense attorneys, so we’re not going tell you what to do if you are pulled over and you’ve been drinking or you haveFlorida Accident Attorneys marijuana in your car. There are plenty of videos on YouTube that will give you free advice and qualified defense attorneys you may hire for professional advice about what to do in those circumstances. We will take this opportunity to say that if you’ve been drinking, please do not drive.

You do have rights, and we will touch on those, but it’s important to understand that being pulled over by the police is a strenuous time for you, and for the police officer. There’s a saying “There’s no such thing as a routine traffic stop,” and here is why: In 2015, off the 41 officers feloniously killed, eight were investigating suspicious persons or circumstances; seven were involved in tactical situations; six were conducting traffic pursuits/stops; five were killed in arrest situations; four were ambushed; three were killed while answering domestic disturbance calls; three were killed in unprovoked attacks; two were handling, transporting, or maintaining custody of prisoners; two were handling persons with mental illnesses; and one was conducting an investigative activity (such as surveillance, a search, or an interview).

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Prima Facie in Professional Negligence Cases

professional negligenceIf you are involved in the highly contentious discourse that is politics these days, no doubt you have heard people use the phrase “that’s unconstitutional” and then move forward with their argument. The problem is that often the person hasn’t actually read the constitution, nor do they understand it. They have not established support for their point. Similarly, legal arguments sometimes should be supported by facts.

Latin for “at first sight,” Prima facie may be used as an adjective meaning “sufficient to establish a fact or raise a presumption unless disproved or rebutted;” e.g., prima facie evidence. A prima facie case is the establishment of a legally required rebuttable presumption.

If you wanted a court to accept up front that all concrete is hard, it wouldn’t be difficult to do that. But someone may counter that cement in a bag or wet cement is not hard, so you would have to clarify your position. “All gasoline flames are hot” would likely pass any challenge and be considered acceptable as “prima facie,” unless there is something I missed in my study of thermodynamics.

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Does “Hands-Free” Really Help Keep Drivers Safe? South Florida Accident Attorneys

Each day in the United States, over 8 people are killed and 1,161 injured in crashes that are reported to involve a distracted driver. Distractedsouth florida accident attorneys driving is driving while doing another activity that takes your attention away from driving. Distracted driving can increase the chance of a motor vehicle crash.

What’s the solution? Most people go with “handsfree” alternatives, but it’s not clear if they actually work.

Famous TV debunkers Adam and Jamie from “Mythbusters” conducted several tests to see if drivers could focus and perform a driving test better using hands-free versus hand-held cell phone use. First they drove real cars on a real obstacle course and the results were basically the same for both techniques. No real advantage for hands-free.

Then they moved the tests into a more scientific arena, a computerized driving simulator. The results: the same, no advantage for hands-free. Apparently any cell phone use is a distraction and counter-productive to safe driving.

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Fort Lauderdale Accident Attorney

What are the Duties of an Auto Accident Attorney?

Accidents happen to everyone, it’s just a matter of when. Everyone hopes it’s not serious and that no one is injured, but the statistics say it will happen eventually. That being said, do you know what to do when you’re in an accident? We have covered what to do immediately after the accident, such as cooperate with the authorities, but don’t admit fault, and don’t post on social media. Take photographs if possible.

Fort Lauderdale Auto Accident Attorney

Fort Lauderdale Accident AttorneyThen seek the advice of a good auto accident attorney, and look for references and reviews to select a good one. Then, after you have decided on a lawyer, what then? What should you expect from your attorney? Obviously you want to be communicated with regularly. What else?

How about a list of the duties and responsibilities a good auto accident attorney should know his responsibilities based on the circumstances of the case, but a basic outline is:

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