Florida Premises Negligence Law

Premises Liability Involves More Than Preventing Slips and Falls – Covid Compliance is Also Mandatory – Lazarus Law Firm

Premises Liability in Florida – Lazarus and Lazarus Law Firm

Every day we wake up and venture out into the world to work, play, shop, visit friends, or any number of other activities that we enjoy or just need to do. We certainly do not expect to be injured as we walk across a parking lot, ride an elevator, or attend a sporting event. But every year thousands of people are injured on property due to the failure of someone to maintain a safe environment.

We are fortunate to live in a country where laws have been enacted in all 50 states covering negligence and liability as they relate to property owners and the responsibility to maintain a safe environment for people who may be present on that property. Chapter 768 of the Florida Statutes is very broad and covers negligence and liability issues including pits and holes left open and uncovered, slips and falls, and other incidents that occur due to negligence.

Business owners are expected to provide an environment that is safe for customers, visitors, and employees when it comes to Covid-19. Federal, state, and local laws and guidelines must be followed and ignorance is not an acceptable escape from liability. The OSHA Guidance on Preparing Workplaces for Covid-19 is a starting place for business owners to make sure they are compliant.

Injuries Due to Negligence FloridaMany people think that slip and fall cases involve minor injuries but often they are quite serious. Also, many people suffer cuts, burns, and other serious traumatic injuries due to unsafe conditions, and some people lose their lives because of negligence by others.

Property owners in Florida are expected to provide adequate lighting in parking lots and other areas that are open to the public at night. Signs should be posted to warn of unsafe conditions, and surveillance cameras should be operational to discourage illegal activity. Adequate security personnel is also expected when private property is open to the public, and when people are injured because of a lack of it, the law allows people to seek compensation for injuries and other damages. People have been injured in Florida due to inadequate security at malls, ATMs, parks, sporting events, concerts, office buildings, hotels, dormitories, and many more locations.

Cases in Florida that resulted in large settlements awarded to victims include:

  • $248,500 awarded to a Tampa man who suffered an injured leg when he was ejected from a bar by bouncers.
  • $2.1 million to a child who was hurt at a Davie bowling alley.
  • $55,000 awarded to a woman who was injured in a Pollo Tropical restaurant parking lot.

Covid 19 Compliance FloridaPeople should understand that often when people do fall, the injuries are far more serious than a bruise to the knee. Often victims, especially seniors, suffer painful ligament tears or dislocations of their hips or knees and the pain from these injuries can persist for years. Back injuries are also common and very painful.

If you are inured or made ill as a customer, visitor, or employee due to the non-compliance or negligence of a business owner or employer, you have rights.

Contacting an attorney who understands premises liability as well as the injuries that can result from the lack of due care by property owners is usually the best course of action if you are hurt on someone’s property. If you’re not sure and have questions, we can help. We are available 7 days a week to speak to you if you call (954) 356-0006.

The Law Firm of Lazarus and Lazarus

 

How to Determine if You Have a Florida Personal Injury Case – Lazarus & Lazarus

Fort Lauderdale Accident Attorneys

You’ve been in an accident but you’re not sure who was at fault for the accident and you are also not completely sure if you injuries are serious to warrant a call to an attorney. A friend tells you, “just let it go, it’s not worth all the trouble.” Friends don’t always give good advice.

Every accident has the potential to be serious because circumstances can change, issues can arise from hidden damage property, and injuries may also manifest as serious weeks after the actual accident.

Florida Personal Injury AttorneysHere is a fact: The United States Constitution and Florida law give people who have been injured in accidents the right to seek compensation from those responsible. Very few people, however, understand the statutes which apply to negligence and personal injuries which is why attorneys are available to help. Florida law imposes a “duty of care” on people and businesses which means that we all have to follow duties in certain circumstances and if someone fails to, and causes injury to someone else, they can be determined to be negligent. Everyone who drives an automobile in Florida is expected to drive in a reasonable and safe manner, obeying all traffic laws and maintaining their vehicles so they operate safely. If an individual drives with no brakes, for example, and they crash into the rear of your car causing injury, you have the right to sue for damages, pain, and suffering.

If a company does not maintain their property in a safe condition and someone is injured, they may be found to be negligent. If a professional person such as a physician does not treat a patient with the duty of care all doctors are expected to use, they may be negligent or be guilty of medical malpractice. Understanding the responsibilities everyone assumes under the law and the rights of Fort Lauderdale Accident Attorneyscitizens to seek compensation for damages is why personal injury attorneys exist.

In many accidents, there is negligence by more than one party. Known as comparative negligence, one party may be 75% responsible and the other 25%. This is an area best reviewed by an experienced attorney. Many people feel that if they were even minimally responsible for an accident, they do not have a case, and this is incorrect. Call an attorney.

Products that are defective and cause injury fall into a category called strict liability which is different than negligence. Anyone who sells commercial products in Florida is responsible to sell a safe product and if it is not there may be a liability for injuries caused by defect(s).

Fort Lauderdale Accident Attorneys

Most attorneys, including those at Lazarus & Lazarus do not charge victims for an initial consultation, nor do they collect any fees until a case is concluded. Our primary goal is to obtain justice for people who have been injured, lost time from work, and had property lost or damaged in an accident or because of a defective product. If you’re not sure about whether you have a case or not, call. We’re here to help.

A phone call to Lazarus & Lazarus at (954) 356-0006 is free as is your consultation, and all communication with our office is completely confidential.

 

South Florida Accident Attorneys

Covid-19 May be Indirectly Causing Deaths on the Road – Lazarus Law Firm • Fort Lauderdale Car Accident Attorneys

Serious Auto, Truck, and Motorcycle Accident Attorneys in South Florida

As Injury Attorneys in South Florida since 1992, we have consistently tracked the number of accidents on our roads and highways and we’ve also tracked the causes. We have learned that accidents increase around the holidays, just as they do across the country, and of course accidents increase when drugs, alcohol, or speeding and reckless driving are involved.

What we’re seeing now is something truly unique: a possible increase in accidents due to a pandemic. Covid-19.

Covid-19 Accident Statistics

It will take more time and research to determine exactly happening, we do know this:

While 2019 was the third year in a row with fewer deaths, preliminary stats for 2020 are alarming. There are more deaths per mile traveled even through there are fewer cars on the road which means there is some underlying reason. The National Highway Traffic Safety Administration is compiling reports and they are reporting less frequent use of seat belts, and possible more frequent use of drugs and alcohol by drivers as well as more instances of reckless driving.

Bad Decisions and Reckless BehaviorAccident Attorneys in Fort Lauderdale

Data compiled from crashes to this point indicate that more drivers are under the influence of alcohol than the past few years and more drivers are exceeding the speed limit. It also seems that persons involved in crashes are wearing the seat belts less often than previous years. It’s not possible at this time to say accidents and fatalities are rising directly because of Covid-19 but it could be a factor.

This too Shall Pass

The Covid-19 crisis is unlike anything we have ever faced and it’s normal for people to feel more anxiety, but experts say it will eventually end. Until then we all need to support each other and encourage one another to maintain our composure. Our families and friends depend on us to stay safe and exercise good judgement, which includes safe driving.

If You are in an Accident

The system goes on despite shutdowns, and if you are in an accident we urge you to follow the protocols we have recommended for years. Click here to see our suggested actions to take after an accident.

We are Here to Help – Fort Lauderdale Accident Attorneys

If you have questions, we are here to help. Call us at (954) 356-0006 seven days a week. Our discussions are always confidential.

 

Florida Lawsuit Time Limits

Time and Tide Wait for No Man – Florida Lawsuit Time Limits

Florida Lawsuit Time Limits

There is no solid data about how many people procrastinate, but it seems possible that it is tied to age. One study found that 80% of college students procrastinate which is probably why so many of them have to “cram” before a major exam. We guess they are busy with social activities.

Later in life when bills start coming in every month most people learn to stop procrastinating because if they don’t the electric company turns of their power and that puts a damper on “Netflix and Chill” plans.

Time and tide wait for no man – Geoffrey Chaucer

Lawmakers have time limitations built in to most laws, both civil and criminal. This means the government has a certain amount of time to prosecute someone for a crime, and a person has limited time to file a lawsuit. Once the deadline passes, it’s too late.

Fort Lauderdale Accident AttorneysIn Florida there are time limitations for different situations and for civil cases most of them are found in Title VIII Chapter 95. These limitations cover everything from how long a debtor has to collect a debt to how long a person has to file a lawsuit for damages. This latter situation is where we have witnessed many people lose the opportunity to be compensated for injuries and damage resulting from another person’s negligence.

The time limits sometimes start the moment of the incident, and some start on other dates and times. Understanding these laws and limitations is not easy, and it’s one of the reasons attorneys go to law school. It is one thing that should definitely not be a do-it-yourself project.

Let’s look at a hypothetical situation: You are out driving one day and someone hits your car from behind, fairly hard. You’re a little shook up you don’t want to make a big deal out of it so you ask the other driver to pay for damages to your car and let it go. A few weeks later you feel an ache in your neck and back but a couple Advils make it go away and you live with it.

More time passes and finally you think you should look into calling an attorney, but you are told it’s too late. The deadline has passed.

Medial Malpractice cases have a time deadline to file a lawsuit. Auto, truck, and motorcycle accidents have a deadline, and if you ever want to sue an employer for back pay, there is a deadline for that. The clock is always ticking.

The Law Firm of Lazarus and Lazarus has been helping people negotiate with insurance companies to recover damages and pay medical bills since 1992. When necessary we file lawsuits and we do so timely so as to be successful. Our reputation is excellent for service and expertise, and our online reviews can be reviewed by clicking here. Please call us at (954) 356-0006 if you have any questions. Our initial consultations are always free and confidential.

Prescription Errors South Florida Covid-19

Covid-19-Related Chaos and Errors at the Pharmacy – Lazarus and Lazarus Law Firm

South Florida Prescription Error Attorneys

You’re running around town on a Saturday afternoon taking care of those errands you can’t attend to during the week. One of your stops is at the dry cleaners where you pick up your shirts, lightly starched, so you’ll be ready for work on Monday. When you arrive home you realize you didn’t receive your shirts, you have someone else’s laundry! Well, it’s inconvenient but it’s not the worst thing that ever happened so you return and get the right items.

One of your stops the following Saturday is the pharmacy. Surely your pharmacist is trained so well you don’t even think about a mistake with your pills. Think again.

According to the New York Times mistakes happen all too often, including these:

Edward Walker, 38, landed in an emergency room, his eyes swollen and burning after he put drops in them for five days in November 2018 to treat a mild irritation. A Walgreens in Illinois had accidentally supplied him with ear drops — not eye drops.

For Mary Scheuerman, 85, the error was discovered only when she was dying in a Florida hospital in December 2018. A Publix pharmacy had dispensed a powerful chemotherapy drug instead of the antidepressant her doctor had prescribed. She died about two weeks later.

These terrible incidents were pre-Covid-19.

Pharmacies today are busier than ever because of the sheer number of prescriptions being written for patients, and with Covid-19 pandemic people are more confused than ever about taking their Fort Lauderdale Pharmacy Negligence Attorneysmedications. At the beginning of the Covid-19 outbreak the World Health Organization issued a warning about ibuprofen (the ingredient in Advil) and warned people not to take it. Later they dropped that warning, but many people are still leery and they just don’t know what to do.

Patients are concerned and asking questions about vaccines, experimental medications, and many people are panicking when they get a mild fever because they think they might be infected with Covid-19. The volume of work for pharmacists has risen since the pandemic started and that, according to multiple studies, is what leads to more mistakes.

South Florida Prescription Error Attorneys

The Law Firm of Lazarus and Lazarus has focused on prescription errors since our beginning in 1992. South Florida is home for millions of seniors who take more prescriptions than younger people, and they are often the victims of pharmacy errors. We have always advised people to double-check their prescription medications but now with the pandemic continuing we urge people to be even more vigilant that they received the right order from their physician and that they get the proper medication and the right dosage from the pharmacy.

If you believe you have been given the wrong medication or dosage and you suffered because of that mistake, we can help. Calling us at (954) 356-0006 will put you directly in tough with Mr. Gary Lazarus or Arleen Lazarus and a free, confidential consultation can be arranged promptly.

 

Fort Lauderdale Hit and Run Accident Attorneys

What to do After a Hit and Run Accident – Fort Lauderdale Accident Attorneys Lazarus & Lazarus

South Florida Hit and Run Accidents

There is nothing good about having an accident on the road or in a parking lot. If you have one you certainly hope that no one is injured and you also hope the incident can be handled smoothly, letting the police and insurance companies do their jobs so you can move on. Sometimes a bad situation is made worse when one of the parties involved in an accident decides to leave the scene and not accept responsibility or provide certain information as required by law:

Under Florida Statute 316.027, if a person is involved in an accident or crash that results in injury or death to any person, including a passenger, the person is required to:

a) Stop Immediately.
b) Provide their name, address, registration information, and driver’s license.
c) Render reasonable assistance to the injured or deceased person by transporting, or making arrangements for the transportation, of the person to a medical professional for treatment if it is apparent that treatment is needed or the person requests assistance.Fort Lauderdale Hit and Run Accident Attorneys

The term most often used when someone fails to do these things is “hit and run accident” and more than one hit-and-run crash occurs every minute on U.S. roads, according to new research from the AAA Foundation for Traffic Safety.

If you are involved in a serious accident and the other driver tries to flee the scene, what should you do?

If you are able, try to take note of the make, model, and color of the vehicle and hopefully the license plate. Call the police immediately and tell them about the other vehicle. Do not attempt to chase or stop the car and driver. There’s a reasonable chance this person will resist and you could be injured.

Most people are quite shaken after an accident, and this is normal. Once things are settled it’s a good idea to call an attorney who specializes in vehicle accidents who can help you get compensation for damages and injuries through your insurance company or the individual who left the scene. The sooner you call, the better. Don’t despair, help is available.

The Law Firm of Lazarus and Lazarus has been helping the victims of hit and run accidents since 1992, getting the compensation they need to move on with their lives. Please call us at (954) 356-0006 for a free and confidential consultation.

Fort Lauderdale Car Accident Attorneys

Dealing with Insurance Companies After a Serious Auto, Motorcycle, or Truck Accident

Auto Accident Insurance Issues

It seems that insurance is a part of our lives in many ways. We need insurance for our vehicles in order to drive legally on the road and we need health insurance if we want to see our doctor or be treated at a hospital. Life insurance is something most people purchase to feel comfortable that our families will be provided for financially if we should die, and we certainly want coverage on our homes and belongings should there be a fire, flood, or other cause of damage or loss.

Many people pay thousands of dollars each year to be insured and yet they rarely file a claim. People pay and pay their premiums faithfully every month, year after year, and if they don’t file a claim the only thing they get in return is peace-of-mind. For most people, it’s worth it but they do expect to be treated well when they file a claim.

What is insurance? Insurance is defined as the act, system, or business of insuring property, life, one’s person, etc., against loss or harm arising in specified contingencies, as fire, accident, death, disablement, or the like, in consideration of a payment proportionate to the risk involved. 

According to the National Safety Council, the average driver in the U.S. will file a claim for a vehicle accident every 17.9 years. When an accident happens many people are clueless about what to do.

You have limited time and usually only one chance to resolve your interaction with an insurance company after Car Accident Insurance Settlementa serious accident so you must maximize the opportunity to get what you need to fully recover. Some insurance companies drag out your settlement arrangements for far too long while others will make a very small offer immediately hoping to pay you far less than you should receive.

We deal with insurance companies every day and we have negotiated favorable settlements for hundreds of people who were hurt in automobile, motorcycle, and truck accidents. We never settle for less than our client deserves and if we have to take a case to court we will and our reputation for success is confirmed by our clients who often post reviews online. Click here to see our reviews.

We offer free and confidential consultations to anyone who has been hurt in a vehicle accident and you may reach us at (954) 356-0006

Interesting Fact: The first insurance company in the U.S. dates back to colonial days: The Philadelphia Contributionship, co-founded by Ben Franklin in 1752. 

Fort Lauderdale Auto Accident Attorneys Gary and Arleen Lazarus – (954) 356-0006

Offices in Fort Lauderdale, Florida and Weston, Florida

 

 

Neck and Shoulder Injuries

Soft Tissue Neck and Shoulder Injuries due to Rear-End Collisions | Lazarus Law Firm

Neck and Shoulder Injuries

The most common type of car accident – 29% – is the rear-end collision and they usually happen at traffic lights or stop signs. Sometimes they are devastating, causing serious injuries and death if the car causing the crash is going very fast but the majority of them occur at relatively slow speeds. Often the bumpers absorb much of the shock but sometimes there is enough force to cause injuries.

It’s important to remember Sir Isaac Newton’s Second Law of Motion which says “the net force on an object is equal to the mass of the object multiplied by the acceleration of the object.” It is because of this principle in physics that moving objects cause damage. Mr. Newton was also the one who figured out the mystery of gravity and the calculus so he was truly ahead of his time and someone who should be respected.

When one car runs into another, even if the speed is very slow there can be a transfer of energy that is sufficient to cause injuries because of the mass (weight) of the car. Usually these injuries are to “soft tissue” areas of the body, including the back, neck and shoulders.

Soft tissue injures happen when the muscles ligaments, or tendons in the body are damaged. While they can happen as a result of overuse, they can also occur from sudden trauma, like car accidents. This is referred to as an acute injury. With these injuries, pain, swelling, bruising, and loss of function are possible.

It’s very common for these types of injuries to not cause pain immediately after the trauma. People often begin to feel pain a few days after the accident and sometimes it grows to be excruciating. There may be damage to nerves that requires long-term treatment and for some unfortunate people the pain is lifelong.

Neck and Shoulder InjuriesThe key to getting the best treatment for soft-tissue injuries is to get a proper medical diagnosis as quickly as possible. The other important issue is to make sure there will be money available to pay for treatment, whether it be short or long term.

Immediately after any accident it is smart to reach out to an attorney who specializes in vehicular accidents. You will want someone to determine how the accident happen and gather evidence that will help determine who was at fault. You also want to make sure someone is there to get help you with compensation for damaged property and injuries. Medical expenses today are very high, and an attorney will do everything possible to make sure your rights are protected.

The Law Firm of Lazarus and Lazarus has been helping people with neck and shoulder injuries sustained in car accidents since 1992 and our record for gaining satisfactory settlements and judgments is excellent. You can read our reviews here > http://bit.ly/2AZsJ1d and then call us at (954) 356-0006 for a free consultation.

Click here to learn more about Sir Isaac Newton.

Workplace Covid-19 Safety

Covid-19 Liability Waivers – Should You Sign Them? Lazarus and Lazarus Law Firm

Workplace Covid-19 Safety

Everyone makes decisions everyday that will affect their lives, usually in ways that are minimally consequential. We choose to eat some fruit for breakfast or perhaps we choose bacon and eggs. One is better for our health but one might be more satisfying to our taste buds.

Today, our choices involve staying home or going out and that choice might be very critical because of the coronavirus that’s continuing to infect people across Florida and around the world. We wear a mask or we don’t. We wash our hands regularly or we don’t.

Workplace Covid-19 SafetyWhen we visit a business or go to work, we want to make sure the environment is clean and sanitized. Our workplace, especially is where we may spend 1/3 of our days and we may come into contact with not only co-workers but customers who may carry the virus.

Because this is new territory, medically, socially, and legally, everyone is trying to do what’s best to keep people safe. It’s possible that a business you visit or your workplace may ask you to sign a waiver of liability so they will not be blamed if you get sick. Whether this is a good idea or not is not clear at this time.

People are going to have to use their judgement and only visit establishments that meet the safety standards for social distancing, cleanliness, and other guidelines as ordered by local health officials.

Employers are required by law to maintain a safe environment for all employees, not only for illnesses but for all forms of injury. If they don’t, and someone becomes ill or injured, then there may be a good reason to investigate if there is negligence on the part of the employer. The same is true for businesses that do not take steps to make sure customers, clients, and patients are safe. This would be true for nursing homes, personal service establishments, or any business that opens their doors to the public.

The Law Firm of Lazarus and Lazarus has been committed to the rights of victims since 1992 and we are proud of our reputation for tenacity and positive results. When innocent people are injured or made ill because of the carelessness of others we step up and fight for your right to a full recovery which includes compensation for medical expenses, lost time from work, and pain & suffering. We don’t quit until we get results.

If you believe you, a friend, or a loved one has been hurt because of someone else’s carelessness we are here to help. Feel free to call us at (954) 356-0006 seven days a week. All consultations are completely free and confidential.

The Federal Government’s Guidance on Preparing Workplaces for Covid-19 – Click Here

Our areas of expertise include:

  • Automobile, Truck, and Motorcycle Accidents
  • Cruise Ship Accidents and Illnesses
  • Covid-19 Illnesses from Workplace Exposure
  • Illnesses and Injuries Caused by Pharmacy Errors
Covid 19 Workplace Dangers

Covid 19 Workplace Dangers | Your Rights as an Employee

We are entering an era that many call “the new normal” but things are changing so rapidly that there are many questions, and the answers change constantly. Just when it seems new cases of Covid-19 infections is decreasing, more cases are reported.

If you are currently working or you are being recalled to your job and you are concerned about your safety in the workplace, you are not alone. Millions of employees are justifiably worried about becoming ill at work.

Employers are responsible for providing a safe place to work, and that includes:

1 – Making sure your facility is fully clean, disinfected and equipped with a blueprint for maintaining safe conditions.
2 – Setting up a support system in place for employees as they return to work and adjust to new realities and emotional challenges presented by the COVID-19 pandemic.
3 – Creating a plan for a safe work environment that protects employees and customers alike from risks connected to COVID-19, including exposure and transmission.

These are the basic steps and precautions, there are many more depending on the individual situation.

This is new from the United States Department of Labor – Occupational Safety and Health Administration (OSHA):

All employers, must determine whether employees who have COVID-19 contracted it at work. There is a new Occupational Safety and Health Administration (OSHA) guidance which everyone should be aware of.

Employers will have to look for information about the cause of an employee’s virus infection whileCovid 19 Workplace Safety also respecting the worker’s privacy. If the employee caught the coronavirus at work or while performing work-related activities, the employer must record the illness on the OSHA Form 300.

The Law Firm of Lazarus and Lazarus is dedicated to helping those who are injured because of the carelessness, negligence, or malpractice of others. Victims have rights to a safe environment and they also have a constitutional right to seek justice and compensation for their medical bills, lost time from work, and their pain and suffering when someone else is at fault for their sickness or injuries.

Our firm was founded in 1992 to help victims, and we offer free and confidential consultations to anyone who seek our help. Please call us at (954) 356-0006 if you have questions.