South Florida Personal Injury Lawyers Blog

Court Clarifies Availability of Damages in Florida Toxic Tort Case

Published on: February 5, 2020 | by Friedman Rodman Frank & Estrada, P.A.

In a recent opinion, Florida’s Supreme Court addressed whether an individual who suffers injuries because of a company’s discharge of toxic pollutants can hold the company liable for their damages. This case required the Supreme Court to dissect and analyze Florida’s 1970 Pollutant Discharge and Control Act (1970 Act) and the Water Quality Assurance Act of 1983 (1983 Act), ultimately finding in favor of a plaintiff who suffered serious personal injuries after contacting spilled battery acid.

Florida’s Statute of the 1983 Act imposes strict liability for the discharge of specific toxic pollutants. Some common pollutants are nerve agents, asbestos, sulfuric acid, benzene, pesticides, and silica. Exposure to these toxins can result in serious medical conditions, including, asbestosis, Hodgkin’s disease, lung disease, Leukemia, Lymphoma, and Mesothelioma. Most often, individuals suffer exposure through the workplace, use of medications and pharmaceuticals, and a person’s residence. In some instances, individuals may experience exposure through the air or drinking water. The most common defendants in these toxic torts cases are the company who polluted the groundwater, an employer who does not abide by workplace safety standards, or a home manufacturer or landlord who does not appropriately test for mold or lead.

The plaintiff was a tow truck driver responding to the scene of an accident involving a disabled semi-truck accident. The semi-truck was transporting batteries at the time of the accident, and the collision resulted in a massive battery acid spill. While preparing the semi-truck for towing, the plaintiff came into contact with battery acid and suffered chemical burns. The tow truck driver filed a lawsuit against the trucking company, arguing that the company was liable for this damages under strict liability theory according to the Acts. The defendant appealed the plaintiff’s $5 million jury award, arguing that the 1970 Act expressly bars personal injury actions arising from an environmental action, and the 1983 Act does not address damages.

Evoking Uninsured and Underinsured Coverage After a Florida Car Accident

Published on: January 31, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Florida motorists should engage in a comprehensive and thorough review of their available insurance policies to ensure that they have adequate protection in the event they are involved in an accident. One area of coverage that deserves close scrutiny is the terms of the insurance company’s uninsured and underinsured motorist (UIM) coverage. UIM coverage protects Florida drivers that suffer injuries because of a negligent driver who does not have adequate vehicle insurance. A shocking 25 percent of Florida drivers do not have insurance, and this can have disastrous consequences for injury victims.

Florida’s no-fault insurance rules require that insurance companies protect their own policyholders in minor accidents, so long as the drivers purchase personal injury protection. However, issues arise when a driver sustains serious injuries in a Florida collision. In these instances, Florida drivers must file a claim with the at-fault driver’s insurance company. Filing a complaint with the negligent driver’s insurance company often raises challenges because Florida law does not require drivers to purchase insurance coverage that protects them from liability if they injure someone else.

Appropriate UIM coverage can provide a motorist with extra protection in case the other party is under or uninsured. However, policyholders often face difficulty evoking this policy because insurance companies are reluctant to pay out substantial amounts. Insurance companies will sometimes wrongfully delay claims, or assert specific provisions to avoid paying out claims.

Uber’s First Safety Report Reveals Significant Passenger and Driver Claims

Published on: January 29, 2020 | by Friedman Rodman Frank & Estrada, P.A.

The significant growth of ride-sharing companies has resulted in new professional and financial opportunities for many people, in addition to another way for commuters to get to work. However, this method of transportation has its own set of complications, especially when someone suffers an injury during a pickup or ride. In addition to the typical risks associated with car travel, utilizing these companies introduces a whole new set of concerns. Additionally, individuals who use Florida ride-sharing companies, like Uber and Lyft, often face difficulties recovering for damages that they suffer during their rides.

In response to competing with new ride share companies, compounded with the rising concern of the safety of drivers and riders, Uber began a 21-month effort to review their safety standards. In effectuating their safety mission, they undertook a close examination of their business practices by reviewing hundreds of thousands of customers’ support requests and categorized them according to severity and response.

The jarring results revealed that there were over 3,000 reported sexual assaults in 2018 and close to 3,000 in 2017. Additionally, there were 5,500 other incidents involving unwanted sexual advances/touching and groping. Further, the report also showed nine murders in 2019 and 10 in 2017, which accounted for driver and passenger deaths. Finally, the report also indicated that the company recorded close to 60 fatal crashes in 2018 and 49 in 2017.

Collecting Damages Through Uninsured Motorist Policies After a Florida Car Accident

Published on: January 23, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Florida law requires motorists to carry a minimum amount of insurance coverage to cover property damage and personal injuries that may result after an accident. In some situations, Florida injury victims are unable to recover for their losses because the at-fault driver cannot pay. To address this issue, lawmakers require Florida insurance companies to offer their policyholders optional uninsured/underinsured motorist (UIM) coverage.

Uninsured/underinsured motorist coverage protects motorists, relatives they reside with, and people who occupy their vehicles. In most cases, insurance companies offer UIM coverage in the same amount that the policyholder has bodily injury coverage. This coverage is essential in instances where a driver is involved in an accident with a negligent driver that does not have enough insurance coverage to cover the victim’s injuries. This coverage typically covers damages related to medical expenses, lost wages, rehabilitative or nursing care, medical devices, pain and suffering, and death.

This coverage is vital because, despite laws requiring insurance coverage, Florida has a high rate of uninsured drivers. Additionally, Florida has a very low minimum amount of necessary coverage. These two facts can have devastating financial and physical consequences for car accident victims. Injury victims who wish to evoke this coverage may face difficulties because insurance companies are often reluctant to pay out damages. When this happens, injury victims may incur a delay in obtaining appropriate medical treatment, which can contribute to additional serious health conditions.

Johnson & Johnson Baby Powder Lawsuits in Florida

Published on: January 20, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Manufacturers of consumer products have a duty to ensure that their product is safe for its intended use. When a product is unreasonably dangerous or suffers from some sort of manufacturing defect, the manufacturer may be liable for any injuries that result through a Florida product liability lawsuit. In addition, other parties in the chain of distribution may also be liable for a dangerous product.

Recently, manufacturing giant Johnson & Johnson has been named in several product liability lawsuits based on its baby powder and other talc-based products. Over recent years, the company has been hit with several multi-million-dollar verdicts. These cases are based on claims that the company knew that its talc-based baby powder could cause serious health problems, specifically, lung disease, ovarian cancer, and mesothelioma, a cancer of the lining of internal organs that is associated with asbestos. Currently, there are an estimated 16,800 of these lawsuits pending against Johnson & Johnson.

In fact, in October of last year, Johnson & Johnson announced a recall of nearly 33,000 bottles of baby powder after preliminary tests indicated that there were trace amounts of chrysotile asbestos. The company later claimed that subsequent testing confirmed that there was no asbestos in the product. According to a recent report by the New York Times, the state government of New Mexico is the most recent party to file a claim against Johnson & Johnson.

Liability in Florida Playground Accidents

Published on: January 16, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Playground accidents can occur on Florida school property during school hours or at city and county parks. Some accidents are the result of child’s play and may not result in serious injuries. However, other preventable accidents are the result of someone’s negligence. In many instances, a child’s injuries are the result of defective equipment or negligent supervision. Florida children who have suffered playground injuries because of another person or entity’s negligence should contact an attorney to discuss their rights and remedies.

Typical defendants in Florida playground accidents are playground equipment manufacturers or retailers, school employees, or the city or county responsible for maintaining the playground. These cases entail many challenges because plaintiffs must comply with strict filing notices and deadlines. Requirements vary depending on the nature of the accident, type of lawsuit, and defendant.

Playground accidents, specifically those that occur on school grounds, are not always related to defective equipment, but may involve instances of altercations between students. For example, in a recent opinion, a state appellate court addressed evidentiary burdens in a lawsuit involving a physical altercation on a school playground. In that case, the child suffered injuries when other students attacked her during recess. The family filed a lawsuit alleging that the child’s injuries were a result of the school’s negligence and carelessness because of the school’s failure to supervise children on the playground adequately.

Florida Nursing Home Injuries Related to Infections and Fungus

Published on: January 14, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a national news source reported on the rising rates of drug-resistant infections present in hospitals and nursing homes. The startling report indicates that the fungus, Candida Auris, was present in over 100 nursing homes and 64 hospitals. In many instances, individuals who suffer exposure to this fungus die within 90 days. Florida nursing home residents and their families who suffer injuries or death because of exposure to this or other resistant bacteria and fungus should speak with an attorney to discuss their rights and remedies.

The Centers for Disease Control and Prevention (CDC), considers the spread of this fungi a global health threat. Candida Auris is resistant to common antifungal drugs and is often misidentified. The misidentification often leads to inappropriate treatment and allows the fungus to become more potent and deadly. Additionally, this fungus is quick spreading and frequently causes a fatal epidemic at affected facilities.

Nursing homes are particularly susceptible to outbreaks because the facilities typically have less sophisticated disease control teams. The lack of skilled infection control teams compounded with highly immunocompromised, and vulnerable residents can have disastrous consequences on residents.

The Florida Statute of Repose Provides Additional Time to File Some Medical Malpractice Lawsuits

Published on: January 7, 2020 | by Friedman Rodman Frank & Estrada, P.A.

When a person suffers injuries because of the negligence of a medical provider, the victim or their representative may file a Florida medical malpractice lawsuit to recover compensation for the damages that they sustained. Incidents of medical malpractice occur more frequently than people may realize. In addition to death, the most common reasons for medical malpractice claims include severe and pervasive brain damage resulting in lifelong care. In most cases, medical malpractice relates to diagnosis errors, surgical errors, and general treatment.

Florida law provides that medical malpractice victims may seek three main types of damages from the negligent health care provider: compensatory, non-economic, and punitive damages. Victims may be entitled to compensatory damages to cover tangible losses, such as medical expenses and lost wages. By contrast, non-economic damages are designed to address losses related to pain and suffering. Courts rarely permit punitive damages, and these damages only apply in situations in which the provider engaged in gross negligence.

These damages are only available if the lawsuit is timely filed. Under Florida law, medical malpractice victims must file their lawsuit within two years of discovering their injuries and no later than four years after the incident. However, there are certain crucial exceptions in specific incidents of medical malpractice.

Florida Court Discusses Statute of Limitations in Recent Medical Malpractice Lawsuit

Published on: January 6, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a Florida appellate court addressed the statute of limitations in Florida medical malpractice lawsuits. The appeal stemmed from a complicated medical malpractice case involving the birth of a baby born with brain injuries, allegedly because of negligent care by a hospital and physician. Following delivery, doctors told the parents of the baby that their child needed to remain in the hospital for an additional 10 days because of an infection. Before releasing the baby, the hospital performed a head ultrasound and reported that the findings were unremarkable. In the months following discharge, the plaintiff suspected that something was wrong with her child because he was not meeting developmental milestones.

For approximately the next year, the mother took the child to various specialists, all of whom diagnosed the baby with other mild and common conditions. However, in 2011, the family retained an attorney, who filed a petition with NICA, Florida’s Birth-Related Neurological Injury Compensation Association, on behalf of the child. It was not until the baby was three years old that a doctor diagnosed him with spastic cerebral palsy, which is typically caused by a lack of oxygen during delivery. With this information, the family filed a medical malpractice lawsuit against the hospital and physician. The hospital filed a motion for summary judgment, arguing that the statute of limitations barred the case.

Generally, under Florida law, medical malpractice lawsuits must abide by the state’s two-year statute of limitations. The two years begin to run from when the patient knew or should have known that an injury occurred because of medical malpractice. Additionally, the state’s statute of repose provides that, barring exceptional circumstances, health care professionals cannot be liable for medical malpractice more than four years after the incident occurs. There are specific exceptions to this statute, which are relevant when there are incidents of fraud, misrepresentation, or concealment.

The Increasingly Popular Autopilot Feature May Pose a Danger to Florida Drivers

Published on: December 28, 2019 | by Friedman Rodman Frank & Estrada, P.A.

The risk of a car accident is an unfortunate reality that all drivers must recognize each time that they get into a car. Statistics indicate that close to 2.5 million people suffer injuries or fatalities each year because of a car accident. Many car accidents result from user error, unsafe driving, and inclement weather. The rate of South Florida car accidents may begin to increase as the popularity of self-driving cars and autopilot features starts to gain mainstream traction.

Some say that self-driving cars may eliminate many of the common causes of car accidents, since these vehicles are unable to drive impaired or become distracted, and they can adjust their settings to inclement weather. However, this feature entails its own set of problems that may increase the rate of car accidents in Florida. Recently, the car manufacturing company Tesla has faced significant scrutiny over the company’s autopilot technology. While the company claims that its autopilot feature is safer than traditional driving, there have been several high-profile accidents involving the technology in recent months.

For example, according to a recent news report, a man collided with a disabled police vehicle while his Tesla was in autopilot mode. The man reported that he was tending to his dog in the back seat of the car when his vehicle went off course and slammed into the unoccupied police vehicle. Tesla states that the autopilot feature allows their cars to steer, accelerate, change lanes, and brake automatically. However, they also advise drivers to keep their hands on the steering wheel and remain alert. To add to this confusion, Tesla’s CEO has posted videos on social media that depict drivers engaging the autopilot feature without their hands on the steering wheel. These facts, compounded with recent fatalities that occurred while this feature was engaged, suggest that autopilot technology is not as advanced as the company claims.