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Miami Personal Injury Law Blog

Property owners and their responsibility for safety

Florida residents who are injured in slip-and-fall accidents may interested in knowing their legal options for recourse. In some instances, these kinds of accidents could have been prevented. Property owners are obligated to take reasonable actions to assure the safety of their premises.

A property owner's liability for an accident is determined based on the due diligence most owners would have performed to correct a potential hazard. A cardinal rule is whether or not a reasonable person would have perceived a situation or circumstance to be dangerous. If the answer is yes, then the owner could be found liable by not having taken steps to remedy it.

2 fatalities prompt recall of 2 million Ace Bayou bean bags

Florida parents may be interested in learning about a recent recall involving children's bean bag chairs. The defective product poses a choking and suffocation hazard, and it has been the cause of two reported deaths.

The recall applies to two particular types of the bean bag chairs manufactured by Ace Bayou and sold prior to July 2013 in places such as Walmart, Bon-Ton, Amazon.com and the company's website at acebayou.com. The company issued the recall after it was reported that two children died from using the defective bean bags. According to the report, the two children suffocated on the bean bag's foam beads after they crawled through the zippered opening.

A pair of nursing homes under scrutiny

Signature Healthcare of Port Charlotte and The Woods at Manatee Springs in Bradenton were both added to the Florida nursing home watch list. Signature Healthcare was put on the list after reports that an 85-year-old quadriplegic was not revived despite being found unresponsive.

The Woods at Manatee Springs was put on the list after an incident where a resident who had dementia and a history of falls fell while using the restroom. He was not found until nine hours after the incident and required care for a fractured shoulder.

2 injured after car barrels into South Florida gift shop

Authorities reported that a car recently crashed into the front of a Miami Beach shop. The August 11 incident transpired at approximately 7 a.m. and left two people with injuries.

Details about the incident were not clear in the immediate aftermath of the incident. Police indicated that investigators are looking into whether there was a traffic accident that preceded the incident and if any other factors 'played a role" in the event.

Florida accident seriously injures former mayor of Hialeah

An accident in Miami on I-95 seriously injured Julio Martinez, who was the mayor of Hialeah from 1990 to 1993. The 71-year-old former mayor was hurt in the Aug. 4 accident while he was helping a friend change a tire. Martinez went to Ryder Trauma Center at Jackson Memorial Hospital after the collision and was reportedly in critical condition as of Aug. 6.

Martinez was said to be between his Mercedes and his friend's Dodge Ram when a man driving a Honda Accord south near the northwest 95th Street exit lost control and struck the Dodge. The Dodge hit the Mercedes, and Martinez was thrown onto pavement several feet away. The El Nuevo Herald reported that his wife said the former mayor had surgery on Monday and Tuesday.

Reckless driver injures 2 on Florida causeway

A man is facing criminal charges for driving recklessly and causing a three-vehicle accident that critically injured two in Miami, Florida, recently. The man could also face personal injury action from the injured plaintiffs, who police say are in critical condition following the accident on Thursday, Aug. 7.

According to accident reports, the 34-year-old from Texas was allegedly traveling over 80 mph in a 40 mph zone on the causeway when the accident occurred. Witnesses say the Ford F-150 pickup changed lanes and hit a white Mazda passenger car that was sitting still at a red light. Upon impact, the car was pushed and hit the side of a BMW.

GM warned about airbag problem 7 years before recall

Miami residents might be interested to learn that General Motors was warned about potential problems in their vehicles seven years before they decided to do a massive recall. According to reports, many of the warnings about the possibly defective products came from rental car companies who were the first to use the vehicles en masse.

In 2006, a new Chevrolet Cobalt vehicle that was rented from Vanguard Car Rental USA was involved in a fatal rollover crash. Although the driver's seat belt had been buckled, the air bag in the car never deployed, and the driver was killed. After looking into the crash, the performance of the vehicle during the accident prompted an investigator to contact GM with concerns.

Medical malpractice not limited to physicians

As Florida patients may know, medical professionals and other healthcare providers may be held liable for damages suffered by a patient if negligence contributed to a victim's injury. In addition to a practitioner, a lawsuit might include the hospital or a drug manufacturer as a defendant in certain medical malpractice cases.

Hospitals, whether privately or publicly operated, are responsible for what occurs in the facility and may be involved in the injury a patient suffers. For example, they may be held accountable for negligence due to inadequate staffing or held liable for the negligence of their employees. A hospital is required to screen employees to assure that their credentials and licensing are in order. Failing to do that makes them liable under a corporate negligence umbrella if a patient is injured. A hospital, as an employer, may also be liable if the employees are negligent in their duties.

Commonly misdiagnosed diseases revealed in new study

While there is a lot of attention given to medical errors related to surgeries and prescribing incorrect medications, Florida residents may not be aware of another all too common source of harm to patients: diagnostic errors. Failure to diagnose a medical condition correctly or in a timely manner is estimated to occur in about 10 to 20 percent of medical cases, which can lead to serious harm to the patient.

Some of the most commonly misdiagnosed conditions, according to a study from the Internet Journal of Family Practice, include pulmonary emboli, heart attacks, cardiovascular disease, cancer and strokes. These are serious conditions, and in the case of pulmonary emboli, which are blood clots found in the lungs, 30 percent of individuals who go without treatment will die due to a misdiagnosis.

Head-on crash kills motorcyclist in Florida

A 41-year-old motorcyclist was killed in a head-on collision on Interstate 95 near Route 836 on the evening of July 23. The motorcyclist was traveling southbound behind a Dodge Ram when a pickup truck traveling the wrong way on the interstate approached. The driver of the Dodge Ram swerved to avoid hitting the pickup and was sideswiped by the wrong-way vehicle, which then struck the motorcycle.

The Florida Highway Patrol reported that the motorcyclist was killed when he crashed through the car's windshield. The driver of the pickup was injured and was taken to a Jacksonville hospital. No charges have yet been filed against him.

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