| Gary T. Lazarus | 0 Comments | CELL PHONE USE, Uncategorized

Florida Legislature Rejects Efforts to End Texting while Driving

This spring, our blog has focused on several issues, from medical malpractice to car accidents, that were addressed by our legislature in its 2011 session. However, the results of the session have shown that no changes are being made when it comes to texting while driving. A recent entry by the website Hands Free Info noted that several bills aimed at limiting or prohibiting the use of cell phones or text messaging devices while driving died in session before becoming law. Among the bills include the following programs: a bill prohibiting minors and school bus drivers from using cell phones and a bill that would ban texting while driving.

This comes as a shock to us and to many Floridians, considering the controversy that the issue has caused in recent years. These days, drivers of all ages have cell phones that have texting plans. As an article from Ocala.com notes, Florida is one of 17 states that have no specific ban on texting while driving. Only eight states, along with the Virgin Islands and the District of Columbia, ban cell phone use while driving. Yet, according to a 2008 report from the Florida Department of Highway Safety and Motor Vehicles, 46% of drivers 16-17 years old and 48% of drivers 18-24 years old text while driving. In fact, the report noted that 1 in 7 U.S. drivers admitted to texting while driving.

In spite of this, others have responded with efforts to educate the public on the dangers of texting while driving. Teen sensation Justin Bieber recently supported a campaign by a South Florida company to develop a phone app that will disable texting, emailing and the keyboard while the phone is in motion. The Disney Corporation and the U.S. Department of Transportation have teamed up to release a public service announcement using the characters from the Disney movie “Cars”:

 

 

Whether or not laws exist in our state, we urge all drivers to be alert and focused while behind the wheel and we ask they they refrain from texting while driving. In the past, I have been firm in my opinions on this issue. My hope is that one day Florida will pass and enforce laws that prohibit this dangerous activity.

| Gary T. Lazarus | 0 Comments | CRUISE SHIP ACCIDENTS, Uncategorized

Cruise Ship Passengers Injured from Port Explosion

Late last month, cruise ship passengers got quite a scare when their vessel made a stop before heading to the French Riviera. On May 31, an explosion at the port of Gibraltar injured several passengers aboard a Royal Caribbean cruise ship.

According to CNN, twelve passengers aboard Royal Caribbean’s Independence of the Seas suffered minor injuries and were treated aboard the ship. A fuel tank on the port exploded and the ship retracted to move away from the dock. Two other passengers were on shore during the explosion, but they were not injured.

Watch this amateur video on YouTube from the explosion:

 

 

Cruise ship accidents range anywhere from food poisoning to falling overboard and laws regarding these accidents can be very complex. While incidents such as the explosion are rare, they do occur and it is important that cruise lines have a protocol established to act quickly and with the passengers’ safety in mind. Legislation has been an important step toward cruise ship accident prevention and accountability for cruise lines, but passengers should also be prepared and take several precautions to avoid cruise ship accidents.

| Gary T. Lazarus | 0 Comments | AMUSEMENT RIDE ACCIDENTS, Uncategorized

Safety Tips for Amusement Rides

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This time of the year, families from all over are getting ready for their trips to Florida’s theme parks and family entertainment centers – Disneyworld, Universal Studios and Busch Gardens in Orlando and Tampa, or the Rapids Water Park in South Florida. Florida’s parks are filled with attractions, thrill rides and rollercoasters for the whole family. This week, a story from the Orlando Sentinel showed that as parks continue to bring innovative rides to us, amusement ride accidents are still a concern.

The Orlando Sentinel reported that a ride in one of Walt Disney World’s parks will remain closed throughout the summer, as planned maintenance was delayed due to an ongoing federal investigation of a fatal accident last year. According to the Sentinel, Disney extended the closure of Primeval Whirl, a ride at Disney’s Animal Kingdom, until September 14. The Occupational Safety and Health Administration is investigating the death of a 52-year-old mechanic who was hit by one of the ride’s vehicles in March. In November 2007, a ride operator was struck by a vehicle while loading guests and died days later. Disney responded by extending the ride’s platform and installing sensor mats.

We’ve noted in this blog and in previous blogs that amusement ride accidents can happen everywhere, even in the most notable theme parks. To help prevent injury, here are a few tips for your next trip to the parks:

• Read and follow all safety guidelines posted for each ride.
• Make sure you and your children are properly buckled and secured on all rides.
• Consult with a physician prior to your trip if you have any injuries or medical conditions.
• Let an employee/operator know if you have special needs (i.e. wheelchair access) before entering a ride.
• Research park websites and reviews to know which parks are safe and appropriate for your children.
• Always keep your hands and feet inside the vehicle/rollercoaster cart/etc.
• Do not wear any loose clothing which can get caught or tangled.
• Place any items or bags in the designated areas before entering a ride.

If you have been injured in an amusement ride accident, consult with an amusement ride accident attorney today.

| Gary T. Lazarus | 0 Comments | NURSING HOME NEGLIGENCE, Uncategorized

Florida Lawmakers Looking to take Action on Nursing Home Negligence

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Last week, we posted about an investigation in May by the Miami Herald on the deplorable state of nursing homes and assisted-living facilities in South Florida and throughout the state. Now it seems that the current state of these facilities has caught the attention of two of Florida’s lawmakers.

The Herald reported that Florida Senator and Senate minority leader Chris Smith, after an inspection of Briarwood Manor in Lauderhill, contacted senator Ronda Storms with plans to join forces with other lawmakers to put a stop to the violations throughout Florida’s nursing homes and assisted-living facilities.

Smith, along with the Department of Children and Families, the Attorney General’s Office, the Agency for Health Care and Administration and several other agencies, swept through four facilities in the Cannon Point in Lauderhill, which is home to the highest concentration of assisted-living facilities in Florida. Some of the findings at these facilities, including Briarwood Manor and Shalom Manor, included roach and rodent infestations in two of the facilities, broken furniture, and a 55-year-old man with an untreated swollen leg.

According to the Herald, Smith noted that he never knew that these facilities posed such a threat until the Herald’s investigation. He was also upset to learn that Briarwood gets hundreds of thousands of dollars to house its residents and that some of the tax dollars meant for residents were not being appropriated to them.

We applaud the steps that our lawmakers are taking to ensure the safety of our senior citizens. We hope that our Legislature and our law enforcement continue to work together to crack down on nursing home neglect and abuse. As attorneys, we will also do our part to ensure that the rights of the victims of these heinous acts are protected.

| Gary T. Lazarus | 0 Comments | BOATING ACCIDENTS, Uncategorized

Hip Hop Star Sean Kingston Injured in South Florida Watercraft Accident

Sean Kingston, the 21-year-old hip hop star, is currently in critical condition after a watercraft accident on Memorial Day in South Florida. Several artists, including Justin Beiber and Nicki Minaj, have posted their thoughts and prayers via Twitter.

Kingston, according to Yahoo and MTV, was traveling on his jet ski with a female passenger when the two were injured after crashing into the Palm Island Bridge in Miami.

Watch the video on the accident from The Showbiz 411 , posted on YouTube:

 
http://www.youtube.com/watch?v=wZ7nJwYnycc
 

A passing boater saw the accident and took Kingston and the female on his boat. So far, the investigation does not show any signs that alcohol was involved. The two were taken to Jackson Memorial Hospital.

Boating is a popular recreational activity in South Florida. It’s important that boaters of all ages follow all the rules and guidelines to keep themselves and their passengers safe. Our thoughts and prayers are with the families of the victims of this boating accident. If you have been injured in a watercraft or boating accident, call our offices and consult with one of our attorneys to ensure that your rights are protected.

| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized

Facts about Auto Accidents during Memorial Day Weekend to Keep you Safe

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As Memorial Day approaches, people will be heading to and from our great Florida cities with their families and friends for a weekend getaway. Whether it’s a trip to Disneyworld in Orlando or a day at the beach in Miami, many of us will be on the road, which means a greater risk for auto accidents, especially with drivers behind the wheel after having a drink or two at that weekend barbecue.

Holiday travel in on the Florida roads can be hectic enough with all the traffic, but an auto accident can be a big speed bump on the road to your long weekend. According to a Florida Highway Safety and Motor Vehicles report, there were 22 fatalities due to car crashes on Memorial Day Weekend in 2009. That same year, May was the 2nd highest month for total crashes, with 20,688.

We want you to have a safe and fun-filled weekend, so here are some tips to help you and your loved ones stay safe when you’re on the road:

• Try to avoid driving during the busy, gridlocked times of the weekend (i.e. Friday after work) when everyone will be heading out for vacation • Always put your seatbelt on before driving, and be sure that your children are buckled up • Do not text while driving, as distracted driving can also lead to an auto accident • If you’re on the highway or turnpike, remember that a lot of people will be on the road as well, so keep a safe distance between your vehicle and the vehicle in front of you • Obey all traffic laws, speed zones and proceed with caution in areas of the road with heavy construction • Avoid driving late at night, when drunk drivers are more likely to be out on the road
• If you decide to drink, do so responsibly and do not drive
The Florida Highway Patrol also has helpful tips to help make your holiday travels easier and safer. If you are involved in an auto accident this weekend, be sure that you know what to do and consult with a Florida auto accident attorney Florida auto accident attorney to handle your case. Stay safe and have a great Memorial Day weekend!

| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized

Wrestler “Macho Man” Randy Savage Dies in Florida Auto Accident

On Friday, May 20, wrestling legend Randy “Macho Man” Savage, a two-time champion known for his vibrant style, his “Oh Yeah” catch-phrase and his ad campaigns for Slim Jim, passed away in an auto accident in Florida. He was 58 years old.

Yahoo News and the Sun Sentinel reported that Savage, born Randy Mario Poffo, was near his home in Seminole, Florida when his vehicle lost control. Though an autopsy will likely be performed to determine the cause of the crash, Savage’s brother Lanny Poffo said that he suffered a heart attack while driving his Jeep Wrangler which went over a concrete median and into oncoming traffic before slamming into a tree. Both savage and his wife, Barbara Lynn Poffo, were wearing seatbelts.

Watch the video on the Macho Man’s tragic death from CBSNews:

 

 

Auto accidents occur every day, leaving the parties involved with serious, sometimes fatal, injuries. They can be caused by human error, intoxication, texting while driving, or even a vehicle defect and can be very stessful if you don’t know what to do after an accident. If you have been involved in an auto accident and you have questions, contact our offices.

| Gary T. Lazarus | 0 Comments | ANIMAL AND DOG BITES, Uncategorized

It’s Dog Bite Prevention Week! Some Safety Tips for South Floridians

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This week (May 15 -21) is Dog Bite Prevention Week, and with South Florida’s great weather, beaches and parks, it’s an ideal place for dog lovers to take their lovable, playful pups for a stroll. A recent press release from State Farm, however, showed that not every dog’s bark is worse than its bite.

According to the press release, Florida ranks 7th for dog bite claims in the US. Furthermore, as Yahoo News noted, Florida had the highest average payout last year, at $38,356 per claim.

Dog bite accidents can result in serious injury and, in spite of well-trained dogs and Florida’s tough statute, dog bites are a common occurrence. The American Veterinary Medical Association (AVMA) notes that 4.7 million people in the U.S. are bitten by dogs every year, with the most common victims being children (the elderly being 2nd most common). Interestingly, dog bites to children usually occur with familiar dogs during everyday activities.

Here are some tips, care of AVMA and State Farm, to prevent dog bite accidents:
• Teach young children to be careful around pets • Ask permission of a dog’s owner before petting, or allowing a child to pet, a dog • Never leave babies or small children alone with a dog
If you’ve been injured as a result of an animal or dog bite, our attorneys are ready to help.

| Gary T. Lazarus | 0 Comments | MEDICAL MALPRACTICE, NURSING HOME NEGLIGENCE, Uncategorized, WRONGFUL DEATH

Florida House Passing Bills to reform Medical Malpractice, Healthcare Lawsuits

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The Florida House of Representatives has been busy this month, with several bills to that, if made into laws, will affect medical malpractice cases. The Orlando Sentinel and Bloomberg Businessweek reported on the bills passed this session which may be detrimental to victims of negligence and medical malpractice.

One bill (HB 479) restricts the use of expert witnesses by requiring certificates for out-of-state experts to provide expert testimony. Another bill (HB 661) places a $300,000 cap for pain and suffering damages for wrongful death claims in nursing home cases.

According to Businessweek, proponents applaud these efforts to make Florida more pro-business and cut unnecessary costs associated with malpractice, while critics fear that plaintiffs’ claims will be faced with more barriers to relief for their damages. The Orlando Sentinel noted that while supporters of these bills note that Florida has faced difficult times with recruiting and retaining physicians, especially with higher premiums in Florida compared to most states, studies showed that the number of malpractice lawsuits and payouts in 2009 dropped since 2004 and the sizeable uninsured population and lack of residency-training programs in Florida were primary factors for the lack of physicians.

Nevertheless, changes are being made which will affect the way lawsuits are handled. Attorneys are constantly faced with adapting to new statutes and case precedent, creating new strategies to properly approach every case, especially in the wake of changing governance. We will continue to educate you, as well as ourselves, on new developments and changes to our legislation, so that we can continue to serve you in an intelligent and ethical manner.

| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized

New Florida Bill on Product Liability Claims for Auto Accidents and what it Means to You

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Last week, the Florida House of Representatives approved a bill which will have a significant impact on Florida auto accident cases. The Miami Herald reported that this bill was approved by a large margin of 80-35 and is on its way to Gov. Rick Scott.

Under the bill, SB 142, juries must consider the fault of every contributing party to the accident when apportioning damages for products liability claims against auto makers. According to the Herald, this bill will do away with the D’Amario v. Ford Motor Co. decision in 2001 which held that, “evidence of the primary cause of the cause of a crash, such as driver error or drunkenness, cannot be introduced in product liability cases.”

So what are the pros/cons of this bill? What does this mean for Florida plaintiffs in auto accident cases?

Proponents argue that this pro-business bill will open doors for more auto makers to set up shop in Florida and allow juries to consider all evidence before having auto makers pay up for product liability claims. On the other hand, critics of the bill are concerned that big businesses will not be held accountable for potentially defective products which will effectively pass the buck to Florida tax payers.

Though this will be an additional hurdle for product liability claims against auto makers, victims of auto accidents will still have their day in court and our lawyers will continue to pursue legitimate claims and fight vigorously for our clients’ rights. Our hope is that this bill will further educate, rather than confuse or distract, jurors with all the facts necessary to appropriately apportion liability and damages.