Jacksonville Personal Injury Lawyer - Premises Liability

Mother And Child Drown in Jacksonville Pool

Eddie Farah — Thu, 09 Jul 2009 16:07:47 GMT

There are many questions surrounding the drowning death of a young mother and her baby in an Arlington community pool on Wednesday.

Tiffany Sue Cecconi, 18, and her 18-month-old daughter, Kaylani, were found just after noon in a subdivision pool. The pool area is usually locked. Tiffany was said to be an accomplished swimmer. An unidentified 18-year-old man was found at the scene and hospitalized. He had reportedly ingested a great deal of chlorinated pool water. Investigators will be anxious to talk to him to determine if there was any foul play.

Our condolences and hearts go out to the family of this beautiful young mother and her child. What a tragedy unfolded to lose two such special people.

Neighbors wonder if a lightning strike might have hit the pool as area thunderstorms were occurring. We also understand that the pool was occasionally locked and wonder if there might have been undisclosed dangers around or in the pool area. Also neighbors report that kids break through the locked gates often and swim unsupervised as the pool doesn’t have a lifeguard.

Florida law says the property owner is responsible for any injuries you receive while on his/her property more than 90% of the time. Whether you were an “invitee,” a “licensee” or even a “trespasser,” the property owner generally will have some (if not all) responsibility for any injury you receive while on the property.

Florida has the highest unintentional drowning deaths in the nation for children between the ages of one to four and the third for other ages in the nation. In 2006, there were 72 drowning deaths of children under the age of four and Duval County is among the counties with the highest number of drowning deaths, according to the state department of health.

All of the pieces will be put together here eventually, but in the meantime all we do know is that there were two tragic losses Wednesday. Again, our condolences to the family and friends of Tiffany and Kaylani. #

Originally posted at InjuryBoard by Eddie Farah

Curbing House Parties - The Party's Over Campaign

Eddie Farah — Mon, 16 Mar 2009 23:00:54 GMT

Just on the verge of spring break, “The Party’s Over” campaign has been launched in St. Johns County, south of Jacksonville, by Sheriff David Shoar.

Underage drinking has gotten out of hand in the county, he says, pointing to the death of two teens in Orangedale in January, blamed on a house party where alcohol was served to minors.

It's always been illegal to serve alcohol to anyone underage - so this message is as much for adults as kids. There will be Zero Tolerance toward serving alcohol to minors. Period.

For some reason there is more underage drinking in St. Johns County, perhaps because it encompasses some of the wealthier and beach areas, and adults think they can supervise their kids drinking at home.

A minor is anyone under the age of 21, whether or not they drive, it is illegal and can result in jail time. Then there is the liability issue if anyone is harmed or killed. Is it really worth losing your house over being the "cool" parent? Adults should just know better.

The goal is not to arrest underage kids for alcohol possession, but to counsel them about the dangers of alcohol and addiction.

"The students know where the party is every weekend, and they know which parents allow it to happen. I will tell you, although some parents think they can control the environment, you absolutely cannot control the environment of a house party," said school Superintendent Dr. Joseph Joyner.

For teens who want to stop underage drinking and remain anonymous, a tip line and text messaging will be available. The Party campaign will be posted on county billboards.

The anonymous teen tipline is (888) 277-8477 or “tip231” to send a message to 274637.

Fields where kids gather will be patrolled as well as liquor stores in the county to make sure they do not sell alcohol to teens.

“We’re not giving up on our kids. It just can’t happen. We have to do everything that we can to send the right message,” says Shoar.

Of course this is redundant and there are already laws on the books, but kids pay attention when they know adults are too.

Originally posted at InjuryBoard by Eddie Farah

13-Year-Old Killed At Apartment, Mother Settles Lawsuit

Eddie Farah — Fri, 17 Oct 2008 22:10:00 GMT

The mother of a 13-year-old Jacksonville girl, killed by a stray bullet fired within her apartment complex, has settled her lawsuit against the property owner.

Tina Williams filed the lawsuit against Hartwood Place Apartments in Jacksonville. She claimed if the apartments had better security her daughter, Shenice Holmes, would be alive today. Shenice was killed as she read a book on her bed. The shooter, 21-year-old Willie O. Tucker is serving a life sentence in her death.

The specifics of the settlement are confidential.

Over the past 15 years, appellate courts across the country have found that a landowner has a duty to provide adequate security when there is a history of criminal activity on or near the property.

In the case of Shenice, there had been a dozen violent crimes around and in the complex, including two cases where bullets were fired into apartments.

A failure to protect residents amounts to negligent security and it can be applied to any commercial property, whether an apartment complex, a rental car lot, an office building or storage unit.

An experience personal injury attorney, along with a security expert can determine if there was any foreseeable risk of danger, such as a history of similar crimes at the property, or crimes have occurred in the area.

For consumers considering renting an apartment, investigate whether areas of the commercial property - the entrances and exits, the lighting, the locking and security measures - are adequate to protect anyone from violent crime.

Anyone operating a commercial property is also obligated to perform criminal background checks on all employees with access to the property, to adequately screen new tenants, to have security procedures, and to warn anyone using the property about any problems or criminal activities on or near the property.

Obviously that didn’t happen here and it resulted in the death of a beautiful young lady. We are sorry for your loss.

Originally posted at InjuryBoard by Eddie Farah

Pro Bono Hours On The Decline In Florida

Eddie Farah — Sat, 03 May 2008 11:48:00 GMT

Are Florida’s lawyers spending less time helping those who cannot afford to pay?

The Florida Bar, reports that the number of hours Florida lawyers donate to the poor every year is on the decline, especially when you consider the growing number of new lawyers that graduate every year.

Young lawyers, eager to please their bosses, are less likely to spend time with clients who cannot pay, than with clients who will add to their “billable hours” total. That ultimately is how one is judged in a big law firm.

The Bar says that the average number of hours donated by Florida attorneys was 19.4 per years in 2003-2004, but only 17.2 in 2006-2007.

The American Bar Association, a national organization, suggests 50 hours a year is more appropriate.

In lieu of donating hours of work, lawyers can send a check into their local Legal Aid office, and that’s what many opt to do instead.

The number of people in need of lawyers but unable to pay has grown since the 1960s. That’s when legal aid organizations were established to serve the indigent and low-income population. Increasingly the eroding middle class can be considered in that group.

Jacksonville Area Legal Aid, established in 1976, provides legal aid to indigent and low income persons and asks local law firms to lend their expertise to specialty areas of the law and to help with the overload.

Farah and Farah is a proud supporter of JALA in time and resources.

The Florida Bar is commissioning a study to find out lawyers attitudes across the state about Pro Bono, Latin for "For the Public" hours.

Really, those who love the law generally will tell you they got into it to make a difference and that includes helping the legal system level the playing field to everyone, regardless of their ability to pay.

Our doors are open at Farah and Farah to the community. Some of our most important, significant and ultimately satisfying cases have been tried and won making the legal system work for everyone. #

Originally posted at InjuryBoard by Eddie Farah