Jacksonville Personal Injury Lawyer

Florida House Bill 427 Bad for Small Business

Steve Watrel — Thu, 26 Jan 2012 10:44:15 GMT

The Florida Legislature began its session this month. As usual, the main focus is promoting the agenda of the insurance industry and big business. You would think that at a time where many residents are unemployed or underemployed, our legislators would focus on jobs and stimulating the economy.

One of the many industry-written bills is House Bill 427, named "Civil Remedies Against Insurers." This bill will radically change a long-standing body of law protecting insureds, such as small businesses and individuals, from the "bad faith" conduct of their insurance company when a claim is made against them.

If this bill becomes law, insureds will have no control over how claims against them are handled by their insurance company and will bear all the risk if the insurance company acts in bad faith in the handling of the claim.

Here's an example: Assume a local business in Jacksonville, such as a drycleaner, uses a driver to make deliveries and that driver is speeding, runs a red light, and seriously injures someone causing a million dollar of damages (e.g., trauma center bills, rehab bills, loss of income, etc.). The business owner, who only has a $ 250,000 liability policy, may beg their insurance company to settle the claim to avoid personal liability if the claim is not settled and it goes to a jury trial. If the insurance company says no, and tries to "save some money off the limits," and a jury later finds the claim is worth a million dollars, it's the business owner who will have to pay the $750,000 excess amount, not the insurance company even though the business owner wanted to settle the claim. Basically, if this law is passed, the insurance company is free to gamble with the insured's money and livelihood but has zero consequence if they don't want to settle even though they clearly acted in bad faith.

So, if this bill becomes law, small businesses and individuals will need to buy a heck of a lot more insurance coverage at great expense or risk "losing it all" if a serious injury or death occurs and its their fault. Or, they can cross
their fingers and hope that the no serious claim ever arises.

The current law on bad faith is fair to both insureds and insurance companies and has worked well for many years. The current law has not prevented bad faith, not by a long shot, but it does provide for accountability for those insurance companies that chose to act in bad faith. This is the real reason the insurance industry wants to change the law.

Originally posted at InjuryBoard by Steve Watrel

Millions of Abbott Glucose Test Strips Recalled

Chrissie Cole — Thu, 23 Dec 2010 11:29:00 GMT

Abbott Laboratories and the Food and Drug Administration (FDA) has issued a recall of 359 million blood-sugar testing strips because they may give false low readings.

The strips, used by people with diabetes, may not absorb enough blood to give a proper reading, which can lead users to try to raise sugar levels unnecessarily, or to fail to treat elevated glucose levels, the company said in a statement.

Six brands of testing strips are affected by the recall. They were distributed in the United States and Puerto Rico. And include - Precision Xceed Pro, Precision Xtra, MediSense Optium, Optium, OptiumEZ and ReliOn Ultima brands. The affected test strips were manufactured between January and May of 2010.

An estimated twenty-four million Americans are afflicted with diabetes.

To determine if the test strips you have are involved in the recall, call 1-800-448-5234 or visit www.precisionoptiuminfo.com. If it has, call Abbott for a replacement.

For more information, refer to the FDA News Release.

Originally posted at InjuryBoard by Chrissie Cole

Florida Enacts "Three Crash" Law To Educate Bad Drivers

Eddie Farah — Wed, 13 Jan 2010 15:16:39 GMT

About 1,000 Floridians should expect to soon be sent back to the classroom because of bad driving.

A new law in Florida mandates that drivers who are at fault for three crash-related moving violations over a three-year period go back to the classroom to refresh their education about the need to drive safely.

At a cost of $548.00, drivers will have to complete a 16-hour educational course within 90 days or face losing their license.

The clock actually began ticking two years ago and those drivers who have had two crash-related violations are being notified. Before the new law was enacted, a 4-hour educational online course was necessary for those committing two accident-related moving violations over a two-year period.

Private driving schools will oversee the education and it is more stringent than the online courses of the past. It includes four hours of behind-the-wheel testing.

"In an effort to make our roads safer, those who display a pattern of poor driving ability or judgment will be required to complete a driver improvement course," DHSMV Executive Director Julie L. Jones said in a news release. "The new law is designed to modify the behavior of some of our worst drivers."

During the 36-month period that ended December 31, 2008, there were 3,277 Florida drivers with three or more at-fault crashes, including drivers from nearly every age group. One driver was at fault in five crashes, while another was convicted of 86 violations.

Just how many accidents do you have to cause to lose your license to drive permanently? #

Originally posted at InjuryBoard by Eddie Farah

Why Did A 7-Year-Old Fall Through A Skylight?

Eddie Farah — Wed, 06 Jan 2010 22:23:09 GMT

It was an unbelievable fall at a Jacksonville Beach strip mall.

A 7-year-old boy plunged through a skylight on the roof, falling 14-feet to the ground. A witness said she heard the child cry. The boy’s mother and sister were also on the roof.

The child was transported by air ambulance to Shands Jacksonville and is reported to be in serious condition. The skylight was a dome made out of soft plastic and is reported to be flexible. Fortunately it was not made of glass.

The property owner says no one is supposed to be on the roof. Our prayers go out to the little boy for a swift recovery.

Under Florida law, the first step is to understand the specific legal category the injured person occupies. Unless the mother owns the building or had some reason to be there, she could be cited for illegally trespassing. Did the landlord want them up there? Were they invited or trespassing? Were they there because of some known attraction that strangers could find on the roof?

Under normal premises liability law, the owner of a building has the responsibility to make sure that it is in good working condition for everyday use, for example, for someone shopping. But in this case there may actually be a limited application of premises liability law.

In order for this mother to file a premises liability claim, her attorney must prove that the property owner knew or should have known of the dangerous condition, which they failed to correct, and that a person could likely encounter the condition, whether invited or not.

The duty to a trespasser is a lot less, but trespassers are still owed a duty to prevent injury, especially if they are children. Generally that applies to unsecured swimming pools, deserted car, unattended trampolines, or unused refrigerators - any nuisance that may be attractive to children, invited or not.

But generally speaking, that duty does not extend to the roof. The owner’s responsibility may be only to refrain from willful or wanton injury which might include removing any concealed traps.

Under Florida law, comparative negligence may apply, meaning negligence can be apportioned among several parties. An argument could be made that the mother failed to properly supervise her child and bears some of the responsibility for his injuries. The jury then can determine that 50% negligent would receive 50% of the claim.

But back to the basic question – why were they on the roof in the first place? Only when we answer that can we determine what duties and responsibilities the property owner owes to the injured. #

Originally posted at InjuryBoard by Eddie Farah

Consumers Should Stop Taking Tylenol Arthritis

Eddie Farah — Tue, 29 Dec 2009 23:07:10 GMT

If you open the Tylenol bottle and there is a funny smell, close it and call Johnson & Johnson.

The Food and Drug Administration is expanding its recall of TYLENOL Arthritis Pain Caplets in the 100 count bottle. The bottles have a distinctive red EZ-Open Cap.

This is the second recall of the caplets. In November they were taken off of the shelves because of a mildew-odor coming from the bottle. McNeill, a division of J & J, said the packaging materials were contaminated by a chemical used to treat the wooden pallets.

Consumers reported stomach pain, vomiting, diarrhea, and nausea.

The chemical involved is 2,4,6-tribromoanisole, but stomach pains are the only health side effect reported. McNeil Health Care is a subsidiary of Johnson & Johnson, the New Brunswick, N.J. company which posted $16 billion in sales in 2008.

Consumers who purchase the TYLENOL Arthritis Pain should stop using the product and contact McNeil Consumer Healthcare for a refund or replacement.

Their number is 1-888-222-6036 or go on the McNeil Web site and be sure to report problems to the FDA's MedWatch program, which is the only way the government can track the problem nationwide. #

Originally posted at InjuryBoard by Eddie Farah

Three-Year-Old Killed on I-95 Wreck With Tractor-Trailer

Eddie Farah — Tue, 29 Dec 2009 22:35:23 GMT

A three-year-old Pittsburgh boy died in a crash on Interstate-95 in McIntosh County, Georgia Sunday afternoon.

Witnesses say a tractor-trailer, was heading at a high rate of speed before it hit the rear of the 2007 Toyota Sienna van carrying a family of five from Pittsburgh.

The mother, Susan Thornton, was driving and her husband, Daniel, and three children were in the van with everyone buckled in. When the big-rig struck the back of the van, it was pushed onto the shoulder of I-95 and into the tree line, several trees were downed as both vehicles plowed through the trees.

Looking at the wreck, it is amazing anyone lived. Three sets of Jaws of Life had to cut the six victims from the two vehicles. Susan Thornton is in critical condition, another child was seriously injured and her husband and two other children have non life-threatening injuries.

The tractor-trailer was driven by Willie Hill of Jacksonville who was hospitalized in Savannah with a broken pelvis and leg.

WSB-TV News in Atlanta is reporting that charges are pending against the driver.

Our condolences go out to the family involved in this tragic accident that does not appear to be their fault.

According to federal data from 2008, speeding is one of the most prevalent factors contributing to about 31 percent of fatal crashes.

Large Trucks And Fatal Crashes

Large trucks account for about 8 percent of all vehicles involved in fatal crashes and four percent of all vehicles involved in injury and property damage crashes in 2008. In the majority of cases - 74 percent – of the large trucks involved in fatal crashes in 2008, collided with other vehicles.

Nearly one-quarter of all large-truck drivers involved in fatal crashes in 2008 had at least one prior speeding conviction, as did 18 percent of passenger car drivers.

In Florida in 2008, 269 large trucks were involved in fatal crashes in Florida, exceeded only by California (304) and Texas (421), according to NHTSA data.

263 people lost their lives in 2008 in Florida collisions with a large truck, a number that has been in decline since 2004.

A typically fully loaded large commercial truck can weigh over 80,000 pounds, while an automobile weighs about 3,000 pounds. And the unfortunate fact is that 98 percent of fatalities in crashes with a large truck occur to people in the passenger vehicle.

Freight drivers are under tremendous pressure to get the freight delivered on time and an investigation needs to be conducted immediately into what pressure was being put on the driver by the freight company.

Federal regulations govern the trucking industry and involve hours-of-service of the driver and driver logs, electronic records of miles covered, maintenance of the rig. I would want to know about the training of the driver and whether he was distracted by the multitude of electronics one sometimes maintains in the cab, such as monitors, cell phones, texting or entering data into onboard equipment to stay in touch with his freight company.

Florida drivers can report bad drivers, drunk driver, disabled motorists or suspicious incidents by dialing * FHP from their cell phone as part of the Share the Road campaign. #

Originally posted at InjuryBoard by Eddie Farah

136 Silver Alerts Issued In 2009

Eddie Farah — Sun, 27 Dec 2009 21:00:00 GMT

They are a lot like the Amber Alerts.

Since Florida began the Silver Alert program a year ago, 136 alerts have been issued for missing Floridians ages 54 to 94. Some have Alzheimer’s, while others suffer from dementia. Many wander away from their homes. The alerts are also used for younger adults who have developmental disorders.

Enlisting the help of the community is crucial when someone is missing. Every minute counts and the Silver Alerts engage motorists, who so far have found about 15 percent of the state’s total cases.

"The Silver Alert is one of those resources you hope you never have to use, but when you do need it, it is a tremendous safety net for the elders covered by the alert,” says Jon Peck, the communications director for the Florida Department of Elder Affairs.

In the past year at least five seniors were found dead after a Silver Alert was issued, that is about 11 alerts per month.

Silver Alerts no doubt will be useful in the future as Florida’s elderly population grows. It’s expected there are more than a half million seniors in Florida now with Alzheimer’s disease and 115,000 with dementia. And with the number of elders over the age of 85 predicted to increase at the rate of 118 percent through 2020 - it is the fastest growing demographic in the state of Florida.

Florida is one of 18 states with a Silver Alert program and more than a dozen other states have plans to adopt similar programs basedon our success in Florida. #

Originally posted at InjuryBoard by Eddie Farah

Jacksonville Girl Killed In Crosswalk When Light Changed

Eddie Farah — Thu, 24 Dec 2009 00:19:08 GMT

A six-year-old Jacksonville girl didn’t stand a chance when she was hit by an SUV in a Jacksonville crosswalk Saturday morning.

Her mother was pushing a stroller with her five-year-old disabled brother crossing San Jose Boulevard near Kori Road. The three were in the furthest southbound lane when the light turned green and an SUV pulled ahead and hit the little girl, killing her at the scene.

Her 38-year-old mother was hospitalized with non-life threatening injuries including a few broken ribs and a crushed ankle. The brother was not injured.

First Coast News reports that teddy bears and candles have been placed in the area of the traffic pole marking the accident scene.

When Channel 4 tried the crosswalk, that found if you hit the cross button, it gave you 45 seconds before the light turns green. If you didn't hit the button, it gave you 30 seconds, far too short a period of time to cross the busy road.

The driver has not been charged, but his background should make investigators take a second look. Channel 4 found that he has had 15 citations in 13 years. That includes seven speeding tickets, two tickets for failing to stop at a stop sign, and careless driving.

While it is unclear when the family entered the crosswalk, that doesn’t matter. State law says the pedestrian has the right of way the entire time they are in the crosswalk, as long as they entered the crosswalk with the walk light. An attorney for the family says it is clear that the family didn’t have enough time to cross the street.

Federal law states that the red warning sign must flash for every four feet width of the cross walk. That means a 120 foot wide crosswalk must flash for 30 seconds.

While city officials will not say how wide the road is at that location, the family may find that the city is liable for shortchanging pedestrians the proper time it takes to cross the street.

Our condolences go out to the family of the little girl whose life was cut short by what appears to be at the very least, someone’s reckless behavior behind the wheel. #

Originally posted at InjuryBoard by Eddie Farah

Jacksonville Among Worst For Tap Water EWG Finds

Eddie Farah — Thu, 17 Dec 2009 12:38:00 GMT

This news comes from the highly credible nonprofit group, Environmental Working Group.

EWG finds there are over 300 pollutants in U.S. tap water.

After analyzing almost 20 million records, EWG finds that more than half of those chemicals are not even subject to health or safety regulations. That means they can legally be there in any amount, regardless of their safety. Sometimes it takes a nonprofit to do the work that our federal government should be doing.

For those chemicals that are regulated, 49 have been found at levels above the guidelines, meaning that tap water is polluted for more than 3 million Americans.

So how did Jacksonville fare? How about 91 out of 100?

JEA serves 800,000 in Jacksonville and the quality of the water is overseen by the state Department of Environmental Protection. Over the legal limit are 12 chemicals, Total trihalomethanes or TTHMs, chlorinated disinfectants and 23 contaminants were detected, many of them agricultural pollutants.

TTHMs are chlorinated disinfectants added to drinking water to control pathogens. They are known to cause genetic damage and be carcinogenic.

So what to do? First, all of us need to support strengthening federal and local safeguards. Boston had a serious contamination problem peaking in 2004-2005, until it decided to install a new filtration system and change treatment techniques. It now delivers some of the highest-rated big city water in the country.

In the meantime, tap water is not meant for ongoing consumption. Filter your own tap water, EWG says. The cost of providing clean drinking water will only increase if current policies continue. #

Originally posted at InjuryBoard by Eddie Farah

Rotweiller Kills Florida Toddler

Eddie Farah — Tue, 15 Dec 2009 11:28:00 GMT

A 20-month old little Florida boy was attacked and killed by a Rottweiler after dropping his cookie on the floor, according to law enforcement authorities in New Port Richey, Florida.

The baby was visiting his aunt’s home during a party Saturday night. The boy went to grab the cookie when the dog instead went for him.

Panicking, family members tried to pry the dog off the child, but it was too late. He died in the hospital. Animal control took the dog, which under law they have to keep for 10 days during which time the owner may request a hearing.

Surely the owners must have known they had a problem with food aggression and a large animal. Nonetheless our hearts go out to this family for their tragic loss.

Surgeons will tell you that they are often called upon to repair the faces of children that were literally torn apart by the beloved family pet. Each one will say the same thing, "this dog was so loving and protective. We never thought she/he would do anything like this."

Dog Owners Liability

Generally, the owner of an aggressive dog that bites a person is liable for damages suffered by persons bitten. However, if there is any negligence or contribution by the person bitten, it reduces the liability of the owner.

For example, if you are trespassing and are bitten by the dog that is there to protect the property, it reduces the liability of the owner. If a child provokes the dog, it could be considered the cause of the accident, reducing his recovery of damages, unless the child is under the age of six.

And many homeowners’ insurers will not offer coverage if they find you have a breed considered dangerous, such as a Rottweiler, German shepherd, Doberman Pincher, or Pit Bull.

Every year about 500 Florida resident are bitten severely enough to require hospitalization and two Floridians die due to injuries from dog bites. Nationally, more than 4.7 million Americans, half of them children are bitten by dogs. Summer months tend to be the worst for dog bite injuries.

If a dog has previously been declared a dangerous dog and bites, the owner is guilty of a misdemeanor of the first degree. #

Originally posted at InjuryBoard by Eddie Farah