North Florida Injury Lawyer Blog

A Jacksonville, Florida construction worker tragically died as a result of a construction accident recently. The fatal head injuries occurred after the man fell from a ladder at College of Coastal Georgia's new Campus Center, confirmed Glynn County Coroner Jimmy Durden. The man was identified as 32-year-old John Thomas Orr, he died a little before noon at Southeast Georgia Health Center's Brunswick hospital.

Orr was working as a subcontractor on the project. It was reported that he was on the ladder to power on a piece of machinery. Witnesses reported hearing a loud "pop" noise, raising the possibility of electrical shock incident. However, Durden stated the autopsy revealed no evidence of electrical burns. Durden also stated the room where Orr was working had 10 foot high ceiling but Orr had removed tiles permitting him to work higher than normal. The incident is currently being investigated by Campus police and the Occupation Safety and Health Administration. For more details on this story please read Jacksonville construction workers dies from head injuries after falling from ladder.

The death of this man is a tragedy for his family and community. According to the U.S. Consumer Product Safety Commission, more than 532,000 people were treated in hospital emergency rooms, clinics and other medical settings in 2007 due to injuries related to ladder use.

Mediation is a tool used in Florida to assist parties in settling a claim for damages resulting from slip and falls, auto accidents or medical malpractice issues. A claim for damages has different stages: filing a claim, sending a demand for damages, filing a lawsuit, mediation, post mediation, and trial. If a claim for injuries and resulting damages is not settled in the first stages, then the injured party may file a lawsuit. Once a lawsuit is filed, the court requires that the parties attend mediation.

Mediation is often the best opportunity to settle your case before a jury is selected and more costs are spent on preparing for trial. Mediation is required because it has been a proven tool for cases to settle out of court, in fact, approximately 90% of injury cases are settled at mediation.

So, what is mediation? Mediation is the term to describe a meeting between the parties and a neutral, unbiased individual (a mediator). You and your attorney meet with the other side’s lawyer and insurance adjuster along with the mediator. The mediator’s job is to listen to both sides and help you reach a settlement agreement. All communication and offers are kept confidential and cannot be used in court if the case does not settle. The parties originally meet in one room to hear opening statements and are then separated into different rooms and the mediator goes between both rooms to help negotiate a settlement.

If you are able to reach an agreement, then the mediator drafts a mediated agreement and both sides sign the agreement. While mediation is a good tool for settlement, it is also helpful in showing the strengths and weaknesses of a case so your attorney can best prepare your case to be presented to a jury. In addition, it opens communication for the parties to reach a settlement before, or sometimes during trial.

If a case is not settled at mediation, there are still opportunities for settlement after mediation. Ultimately, if there is not settlement or meeting of the minds, the case will proceed to trial. The case will then depend on the verdict of the jury.

Florida slip and fall law requires proof be provided that the fall was due to the action or inaction of facility where the injured party fell. For instance, if you are shopping in a Jacksonville store and you slip on water and fall to the ground, the simple fact that the water was there does not mean that the store is responsible for your injuries.

Then how can a facility be responsible for your injuries? First, if an employee carried water bottles that had a leak in them, therefore putting the water on the floor, then the store would most likely be responsible because its employee created the condition. Second, if the injured party can prove or show that the water had been on the floor long enough that a normal inspection of the facility would have given notice to the store. For instance, if the water had footprints, dirt, debris, etc., then it shows that the water had been on the floor longer than a few seconds and possibly minutes.

Florida slip and fall cases are challenging for an injured party because the injured party has to prove that the store or facility was negligent. If you are the victim slip and fall incident and suffer personal injuries, try to have someone take pictures of the area where you fell so it better documents the scene at the time. Also, get legal advice regarding your rights and the responsibilities of the store or business from a Florida personal injury attorney to better understand the legal and practical issues involved with the slip and fall incident.

The Orlando Magic and the Charlotte Bobcats recently played a basketball game in Charlotte. Vince Carter, a veteran NBA player, slipped on a part of the playing court that was wet from mopping. Coach Stan Van Gundy was quite upset over the condition of the floor and the failure of the maintenance crew to make sure that the floor was dry and properly maintained for safe play. You can read about this story at Orlando Magic Hold Off Charlotte Bobcats - Vince Carter Injured in Wet Floor Mishap.

This story made news because it involved a NBA game and an important player to the Orlando Magic. In Florida, incidents involving wet floors and the failure to maintain a store, business, restaurant, or other common area are quite common. While most slip and fall incidents do not involve professional athletes, the facts can be similar to the one reported in the professional basketball game. In Florida, a property or business owner can be held liable for injuries caused by a wet floor if the property or business owner knew or should have known about the dangerous area and failed to properly maintain the area or failed to otherwise post warning signs and barriers in or around the area. Consistent attention to details and safety can help prevent many Florida slip and fall incidents from taking place.

According to the United States Center for Disease Control and Prevention, accidental falls are the number one injury-related reason for emergency rooms visits. The American College of Emergency Physicians suggests the primary way of avoiding these types of falls is prevention.

Facts about Unintentional Falls:
- 33% of home-injury-deaths are a result of falls; the leading cause.
- More than 40% of nonfatal injuries are a result of falls.
- Children under 5-years-old and adults over 70-years-old are most at risk.
- For children, the most severe falls are associated with baby walkers and play equipment such as trampolines.
- For older adults, falls are generally associated with lower-body weaknesses, difficulty with balance and walking, sight impairment, chronic illness or a history of stroke.

Methods of Prevention:
- Remove clutter from all areas of your home - do not leave objects on stairs or in walkways.
- Use nightlights. Ensure the tops and bottoms of staircases are well lit.
- Repair loose stairway carpet or boards.
- Ensure the bottoms of bathtubs and showers have non-skid surfaces.
- Check playground equipment to ensure it is in a good and safe condition before allowing your child to play on the equipment.
- For younger children, parents should consider using locking gates near stairways.
- Windows accessible to children under 5-years-old should be sealed.
If you would like to read more on this topic please see Tips for fall prevention; the leading cause of emergency room visits.

In Florida, if a person is injured in a slip and fall accident on a business premises, then the injured party may have a claim for damages if the following can be proven:
Florida Statute 768.0710

(a) The business owed a duty to the injured party;

(b) The person or company controlling the business premises acted negligently by failing to use reasonable care in the maintenance, inspection, repair, warning, or mode of operation of the business premises. The failure of the business to give notice (i.e. a warning sign) of a possible or known danger may be used as part of the evidence to show that the business acted negligently, but it is not proof by itself that the business was negligent; and

(c) That the business's failure to use reasonable care was the actual cause of the injuries.

If you have suffered injuries as a result of a slip and fall, then you may have a claim for your injuries. Incidents where this occurs most often is when there is a liquid on a tile floor, normally in a grocery store, and a person does not see the liquid and as a result slips and falls in the liquid.

If a person suffers personal injuries as a result of a slip and fall on the property of a Florida business or Florida homeowner, it is helpful to observe or (if possible) take photographs of what caused your fall. Were there any indications that the item, liquid or substance was in place for an extended period of time? Indications could include footprints, dirt, food spoiling/browning, shopping cart wheel or track marks, and the spread or tracking of the substance, liquid or item.

Continue reading "What Laws and Facts Are Important in a Slip and Fall Resulting in Personal Injuries at a Florida Business? " »

Falling in a Florida grocery store, mall, movie theater or just on the sidewalk in Northeast Florida can be embarrassing, but it can also lead to serious injuries. If you are injured by as a result of aFlorida slip and fall incident, some simple but important actions can help protect and enforce your legal rights.

1. Report the Incident. Make sure that the incident has been reported to an employee or a manager and write down the name of that person.

2. Witnesses. If there were witnesses to the incident or witnesses to the condition that made you fall (i.e. water on the floor, ice cream on the floor, etc. . .), then speak to the witness and get the contact information for the witness. While the store may complete an incident report, the store may not provide you with the incident report or the name of the witness in the future. Get your own information (if possible) rather than relying on the store to provide it to you.

3. Look for what caused your fall. Was there a warning sign by the danger? Photograph the area where you fell, point it out to someone nearby, and pay attention to the location of the area, size of the spill or dangerous condition, time of the fall, and other details.

4. Seek medical treatment if you have any pain.

Continue reading "I Slipped and Fell at a Store in Florida: What Should I Do? What Are My Legal Rights?" »

closing of a Jacksonville Nursing Home, Glenwood Nursing Center. In accordance with Florida Statute 440.022(O) residents living in a nursing home have a right to be protected from personal injuries resulting from mental or physical abuse. Due to an investigation by the Department of Children and Families, it came to light that such protections were not in place at Jacksonville’s Glenwood Nursing Center and on July 15, 2010, residents and their families discovered the State of Florida will be revoking the facility’s license due to such violations.
The abuse reported by Department of Children and families was not the stereotypical abuse we hear of regarding bed sores and lack of treatment, but was due to patients being injured due to the actions of other patients and injuries resulting from falls. A facility’s duty to protect goes beyond providing care directly to the patients, but also protecting patients from others that have violent tendencies. Over the years there have been reports of patients using their wheelchairs to injure others and the facility has failed to properly supervise and separate the offenders from the other patients. Patient on patient fighting should not be tolerated and the facility’s failure to stop such abuses shows negligence in training its employees to property supervise and protect its residents.

Other signs of abuse were those due to lack of supervision of patients leading to injuries from patients falling. While an occasional fall will occur, the number of falls in the last 5 years at Glenwood Nursing Center caused alarm in the investigation. One patient reported having multiple falls and related injuries since entering the facility. These types of reports have also led the state’s decision in the license revocation of Glenwood Nursing Center.

Continue reading "Nursing Home Abuse Closes Jacksonville, Florida Glenwood Nursing Center" »

The 2010 Florida legislature passed a new law that was signed in April by Gov. Charlie Crist and takes effect on July 1, 2010, which requires a plaintiff to prove that a business was aware of a dangerous condition, and should have taken action to remedy it.

The new law nullifies the holding in Owens v. Publix Supermarkets, Inc, 802 So. 2d 315 (Fla. 2001) and repeals 768.0710 F.S. It essentially eliminates the burden on the defendant to produce evidence that it exercised reasonable care after a plaintiff has proven that a transitory substance caused his or her fall.

For example, under the old law which was in place for only a short time period before it was changed by a prior statute, if you slipped on a substance or object on the floor of a business, you needed only to prove the facts of the slip and fall accident. The burden was then on the defense to prove that it had exercised reasonable care under the circumstances.

Florida Statute Section 768.0755 merely codified the case law that was in effect for years in Florida prior to the Owens case. Following the holding in the Owens case would have provided slip and fall injury victims with a better and more fair system in order to pursue their personal injury claims and lawsuits. Even if Owens is not the law in Florida, there are still rights on behalf of slip and fall victims that can be pursued assuming negligence can be proven pursuant to the statute and related case law that has been around for years in Florida.

Prior to the Owens Case and other laws, the common law in Florida required that an owner or manager of the premises knew or should have known of the condition and failed to take measures to warn visitors of the condition or otherwise failed to take measures to clean up the condition or prevent the condition from taking place at all.

If you or a member of your family have been injured in a slip and fall accident and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.

Understanding how damages are awarded in Florida personal injury cases can provide insight into what your personal injury case may be worth. These are the most common types of damages awarded in Florida personal injury cases:

Compensatory Damages – these are meant to compensate an accident victim for any loss incurred because of an accident or injury. The primary types of compensatory damages include:

• Medical – the cost of medical care incurred because of the accident, both current and future, including expenses associated with a permanent disability or disfigurement.
• Property – reimbursement for repairs or fair market value of any property lost or damaged because of the accident.
• Income – lost wages as well as any future earnings impacted by the accident.
• Pain and Suffering – compensation for any pain or serious discomfort caused by the accident, including any ongoing pain or discomfort.
• Loss of Enjoyment – if you can no longer enjoy something you used to do because of the accident – for example, if you were a marathoner and could no longer run, you may be entitled to compensation for loss of enjoyment of life.
• Emotional Distress – compensation for the psychological impact of an accident or injury.
• Family Relationship Interference – if your accident or injury interfered in any family relationships, either with your spouse or children.

Punitive Damages – when a defendant’s conduct is found to be especially careless or egregious, a plaintiff may be awarded punitive (punishing) damages. Florida has a cap on punitive damages of $500,000 or three times the amount of compensatory damages, unless the case involves child or elder abuse. If the defendant caused the injury because they were motivated by financial gain, punitive damages can be raised to $2 million or four times compensatory damages. In all punitive damage awards, 35 percent of the total goes to the state.

If you or a member of your family have been in an accident and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.