What Happens When A Dog Attack Occurs On A Rental Property?

When living in an apartment building, neighbors have to be extremely mindful not to infringe on their cohabitants. When residing in an apartment building, certain guidelines and rules are in place to protect not only the owner's property but the tenant's safety and well being. In the event a dog bite occurs on the premises of a rental property, more than one party can be held liable for the damages suffered from an animal attack. If negligence is proven on the part of the dog owner and the property owner then both parties could be held responsible.

Per Florida law, a landlord has a duty to protect its tenants in connection with a vicious dog of which the landlord has knowledge. In White v. Whitworth, 509 So. 2d 378, 380 (Fla. 4th DCA 1987), the court stated:

"A landlord who recognizes and assumes the duty to protect co-tenants from dangerous propensities of a tenant's pet is required to undertake reasonable precautions to protect co-tenants from reasonably foreseeable injury occasioned thereby."

If the lease agreement includes rules which specifically prohibit certain breeds of dogs, the landlord can be held liable for his or her failure to enforce those rules despite knowledge that prohibited dogs reside upon the premises.

If you or a loved one has been attacked by an animal, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at www.sextonlaw.com.

What If More Than One Person Is To Blame For Your Injury?

It isn't always a singular cause or person that is responsible for an injury you may have sustained. For example, if a pet-sitter allows a dog that local officials have already identified as dangerous off a leash, you may have a suit against the pet-sitter and the dog owner. Florida's joint and several liability rules set up a very structured system for dealing with more than one person at fault. Often times in these scenarios, one negligent act led to another.

Any person found to be 10 percent or less at fault will not pay out of pocket for any of your economic losses. Any person found to be more than 10 percent but less than 25 percent at fault will be responsible up to $500,000. Any person between 26 and 50 percent at fault will be responsible for up to $1 million of your damages. And, if a person is found to be more than 50 percent at fault, he or she will owe up to $2 million of your damages.

Another instance may be if you were to trip on a brick that jutted out into the sidewalk from a neighbors yard whose faulty landscapers built, then you are looking at two parties who share responsibility for your injuries. It comes down to cause and effect. In many cases there is more than one cause that has effected you.

If you have been injured, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at sextonlaw.com to ensure that your rights are protected.

Who To Call If I Have Been Injured In A Car Accident In Florida

With only bus and taxi service for Central Florida’s means of mass transportation, resident and visitors here spend a great deal of time in their automobiles commuting, shopping and for leisure. Unfortunately, large amounts of time in your car increase the likelihood that you may be involved in an automobile crash. Our office is here to help if you or a loved one has been injured in an automobile accident. Jeffrey B. Sexton has been providing assistance to Central Florida residents and visitors since 1993. Our firm is dedicated to those who have been injured, not the insurance companies who represent the negligent driver. Call or e-mail us today for a free evaluation of your case.

Who Do I Call After An Accident With A Large Truck In Orlando?

Truck accidents can be particularly devastating to an individual in a passenger vehicle due to the obvious size and weight difference between the car and truck. Allow us to evaluate your car versus truck accident to determine whether such factors as driver fatigue, mechanical failure or any other factor may have played a role in your crash. Contact our office for assistance.

What Do I Do After A Car Accident?

If you have been involved in a car crash that was not your fault, contact our office. Jeff Sexton will personally evaluate the facts surrounding your case and help you navigate your way through the hassles of medical care and expense, lost income and vehicle repair. We will do everything in our power to help you obtain compensation for your injuries and the aggravation and loss of enjoyment of life that often accompanies motor vehicle accidents. Call or e-mail our office today for a free evaluation of your case.

The New Rule Of Seat Belts On Over-The-Road-Buses

In late November, the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) ruled that lap and shoulder belts are now required to be worn by occupants on new motorcoaches and other large buses. The recent ruling is expected to significantly reduce the risk of serious injuries and fatalities in frontal crashes and the risk of passenger ejection in rollover accidents.

Approximately 7,934 motorcoach occupants are injured and 21 killed annually. Making safety belts a requirement is projected to "reduce fatalities by up to 44 percent and reduce the number of moderate to severe injuries by up to 45 percent," according to the NHTSA.

This ruling only applies to new over-the-road buses and to other types of new buses with a gross vehicle weight of great than 26,000 pounds. Transit buses and school buses are exempt. Buses manufactured in November of 2016 will be required to be equipped with safety belts for all occupants.

If you have been involved in an auto accident, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at sextonlaw.com to ensure that your rights are protected.

Who To Call After An Accident With A Large Truck

In an attempt to reduce fatigue in truck drivers, laws have gone into effect enforcing new guidelines and standards for working hours this past July. The objective of the new law is to eliminate the occurrence of tired drivers behind the wheel of these deadly vehicles. The Federal Motor Carrier Safety Administration (FMCSA) estimates that 19 lives will be saved and 560 injuries will be prevented through the enforcement of the new law.

According to the National Highway Traffic Safety Administration, at least one fatality occurs in a large truck collision in 98% of instances. Because of the sheer size of commercial trucks, the danger of catastrophic injuries and death is great, which exemplifies the need to enforce increased safety measures.

FMCSA's new hours-of-service final rule:

• Limits the maximum average work week for truck drivers to 70 hours, a decrease from the current maximum of 82 hours;
• Allows truck drivers who reach the maximum 70 hours of driving within a week to resume if they rest for 34 consecutive hours, including at least two nights when their body clock demands sleep the most - from 1-5 a.m., and;
• Requires truck drivers to take a 30-minute break during the first eight hours of a shift.

Due to the catastrophic injuries and fatalities associated with large truck crashes, it is crucial that an experienced attorney employed after a collision. Contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at sextonlaw.com to ensure that your rights are protected.

Do Not Accept An Insurance Check Before Contacting An Attorney

Most often, a car accident is a traumatic and painful ordeal. In an effort to collect money for medical bills, lost wages, and car repairs, people are all too willing to accept a hastily written check from a claims adjuster. A check can be enticing, but don't be eager to settle. The claims adjuster you'll be dealing with will want immediate resolution and knows that offering a check will finalize the process, without looking out for what's right for you.

The best thing you can do is hire an attorney to help you through this process. As your medical expenses pile up you will quickly see the wisdom in waiting and hiring an attorney. Many times people may not be aware of how injured they actually are and will begin experiencing residual pain from car accident injuries later on. Before agreeing to any type of personal injury settlement be sure to consult with an attorney.

We are well versed in the laws and the accident injury claims process. Our experience allows to to resolve cases quickly. You are able to focus on healing after your accident, rather than negotiating. Meanwhile, we will be diligent about compiling information and bills so that your package is together the moment you are released from medical treatment.

Contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at sextonlaw.com , as soon as possible if you or a loved one has been injured in an auto accident.

Who Do I Contact If My Child Has Been Injured In A Pedestrian Accident?

Sadly, pedestrians are one of the few groups that continue to see an increase in fatalities each year. In 2011 alone, there were 4,432 pedestrian deaths. Since summer is winding down and kids are heading back to school there's no better time than now to teach your child to be a vigilant pedestrian.

If your child walks to school, make sure you know the route they take and affirm that it is a safe, well lit, pedestrian friendly route. Teach your children the basics such as looking both ways before crossing but also implement a few other safety steps such as:

• Always walk on the sidewalk. If there isn't a sidewalk and you must walk in the road, walk FACING traffic. 
• Wear brightly colored clothes, if possible. This makes it easier for drivers to see you.
• When crossing the road, always stop at the curb or edge of the road if there isn't a curb.
• Look left, then right, then left again before stepping into the street.
• If a car is coming, wait. Then start the process over until it's safe to cross.
• Continue to check left and right while crossing the street. 

It's important to teach children to not simply assume cars will see them and stop when walking in a crosswalk. While it is good practice to use a crosswalk when crossing the street, crosswalks can provide a false sense of safety. Scanning the road while simultaneously crossing should not stop just because of painted white or yellow lines on the street.

If your child has been injured, or worse, in a pedestrian accident, contact Orlando Pedestrian Attorney Jeffrey Sexton at 888-293-1144 immediately.

What Are The Causes Of Most Motorcycle Accidents?

Riding a motorcycle, you are far more likely to get in an accident and far more likely to get hurt than if you are driving a car. That's a fact.

According to The US Highway Safety Authority, in 2012 20.9 cars out of 100,000 ended up in fatal crashes. The rate for motorcycles is 66.7 per 100,000. That means that you are 209% more likely to be in a fatal crash on a motorcycle.

But, don't give your bike away. We are dedicated to providing you with resources and information to make your ride safer and more enjoyable. Explore all the information in this section to learn more about techniques and products that can help save your life.

Why do most motorcycle accidents happen?

It's a misconception that most motorcycle accidents are due to aggressive driving by motorcycle riders. In fact, most motorcycle accidents occur because car and truck drivers do not see bikers. Many motorcycle accidents occur because bikes are hidden in blind spots or because motorcycles are harder to detect at night or in poor weather conditions. These accidents can be prevented by taking an extra moment to check your blind spots and checking an intersection carefully before turning onto a road or merging.

Motorcycle safety tips:

• Wearing a high quality helmet that fits properly. Look for a helmet that has the DOT label, shows it's approved to meet federal safety standards. 
• Drive the speed limit. 
• Don't tailgate.
• Avoid weaving through traffic and driving on the shoulder. 
• Don't ride in blind spots. 
• Always use your headlights.
• Know your bike's limits. 

Stay safe on the road. If you or a loved on has been injured in a motorcycle accident, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 immediately.

Seeking Compensation For A Slip And Fall Accident In Florida

When you are injured in a slip-and-fall accident, the first thing on your mind is receiving medical treatment for your injuries. At some point, though, as you heal and the bills start to pile up, you may consider seeking compensation from the owner of the property where you fell.

You will probably receive a telephone call or visit from an insurance adjuster for the property owner's insurance company. Keep in mind that the adjuster works for the insurance company, and his or her goal is to pay you as little as possible. You could find yourself negotiating back and forth for months, often waiting long periods for answers from the insurance company. Attorney Jeffrey Sexton is experienced in representing slip and fall victims and will handle these settlement negotiations to ensure that you get fair and reasonable compensation for your injuries.

One of the important things to keep in mind during this period is that the clock is ticking. From the moment you suffered your injury, the clock begins winding toward the day the statute of limitations for filing a lawsuit runs out. Time is of the essence in such cases.

Contact Florida Personal Injury Attorney Jeffrey Sexton at 888-293-1144 if you or a loved one has been seriously injured as a result of a slip and fall accident.

Drowning Is The Second Leading Cause Of Death For Children

Some of the most deadly accidents are those that involve water. Drowning and near-drowning accidents can occur in private residential pools, hotel pools, parks, water parks, and other places where there is a lack of supervision. Drownings can also occur because of faulty gates, pool drains, and other hazards.

Drowning is the second leading cause of death for children ages one to 14 years old. From 2005 to 2009, there were 3,533 fatal unintentional drownings in the United States. When a person survives a near-drowning accident, their lives are often forever changed as near-drownings often result in severe brain damage from the lack of oxygen. Brain damage may result in long term disabilities such as learning disabilities, memory problems, and permanent loss of basic functioning. Sadly, many of the horrible accidents that claim young children as victims are a result of negligence. The parents and families are left to suffer unimaginable grief and a lifetime of medical care and expenses.

Some factors that influence drowning risk are lack of swimming ability, lack of fencing, lack of supervision. Research has shown that taking formal swimming lessons reduces the risk of drowning among children 1 to 4 years old. Additionally, learning how to perform CPR has been shown to save lives and produce better outcomes for near-drowning victims.

Contact Florida Personal Injury Attorney Jeffrey Sexton at 888-293-1144 if your loved one has suffered or lost their life as a result of a drowning or near drowning accident.

Florida's Anti-Hazing Law Is One Of The Most Severe In The Nation

Monday, March 4, twelve former university band members were charged with manslaughter in the 2011 hazing death of drum major Robert Champion Jr. Previously, 10 ex-students were charged with felony hazing resulting in death. Currently, the previous 10, plus two other former students will also be charged with manslaughter.

According to hazingprevention.org, 1.5 million high school students are hazed each year and more than 250,000 college students experienced some type of hazing to join an athletic team. Research has shown that 95 percent of hazing victims do not report the incident.

Florida's anti-hazing law is one of the most severe in the nation. As a result of the law passed in 2005, a student found guilty of hazing could be subject to jail time.

Sadly, 9 out of 10 students who have experienced hazing while in college do not consider themselves to have been hazed. The National Federation of State High School Associations defines hazing as any humiliating or dangerous activity expected of a student to belong to a group, regardless of their willingness to participate. Some practices associated with hazing result in serious bodily harm and even death. These practices include: tattooing, branding, head-shaving, piercing, physical punishment, sleep deprivation, consuming unreasonable foods, beverages, and drugs, kidnapping, personal hygiene deprivation, and inappropriate sexual behavior.

Hazing is not a harmless right of passage. It does not establish camaraderie. Hazing rituals often destroy self-esteem, create stress, and can aggravate or induce psychological illnesses. Contact Florida Personal Injury Attorney Jeffrey Sexton if you or a loved one have been seriously injured or killed through the acts of hazing.

Do You Have A Wrongful Death Suit?

The Florida Wrongful Death Act awards damages to family members for a loved one's wrongful death. For example, surviving family members can recover money for lost support and services with interest from the date of the deceased's injury to their death. Plus, survivors can also collect Florida wrongful death damages for future loss of support and services. In order to determine the amount for lost support, many factors will be taken into consideration including the following...

• The replacement value of your lost loved one's services
• Relationship between the survivor and the deceased
• Amount of the deceased's net income available to the survivor

Also, to determine future losses, the life expectancy of both the deceased and the survivors will be evaluated. When minor children are involved, their ages will be taken into consideration as well.

Under the Florida Wrongful Death Act a surviving husband or wife can collect wrongful death damages for loss of companionship and mental anguish. In addition, minor children and all children, if there is no surviving spouse, can seek compensation for loss of guidance and companionship as well as mental suffering. Parents of a deceased child can also seek compensation for mental anguish. The survivor who has paid for medical and funeral bills can recover these expenses.

If your loved one has died because of another's carelessness or negligence, a knowledgeable wrongful death attorney is what you need to ensure that you are awarded compensation for your loved one's loss. Contact Florida Personal Injury Attorney Jeffrey Sexton at 407-293-1144.

Safety Tips For A Dog Attack

A Brevard County woman narrowly escaped being attacked by two dogs recently. Police say that the woman was exiting her car when the dogs ran up to her, growling and foaming at the mouth. Fortunately she was able to close her car door before she was bitten.

Thankfully the woman was able to take shelter in her vehicle, but what if that's not a possibility?

• If a loose dog approaches you, stand completely still. Keep your hands at your sides and try to stay calm and quiet. 
• Do not make eye contact with the dog. 
• If you have been knocked to the ground, curl up into a ball. Keep your knees to your chest and your hands over your ears. Keep your face as close to your knees as possible. Again, try to remain calm. 
• Make very slow movements and don't run. This may excite them. 

There are steps dog owners can take to reduce the chance of an attack:

• Studies have proven that spaying or neutering your dog reduces aggression. 
•  Never slap, hit, or hurt a dog.
• Speak to your dog in a calm voice. If you feel yourself getting frustrated, take a time out. 
• Don't bother a dog when it is eating, or chewing a bone. 
• Never leave a child unattended with a dog. 88 percent of fatal dog attacks among two year olds happened when the child was left unsupervised with the dog. 
• 24 percent of fatal dog attacks involved a loose dog that was off their owner's property.
• Obey leash laws. You will be protecting your community and dog by doing so. 
• Do not chain your dog. Chained dogs are almost 3 times more likely to bite. Chaining a dog increases their stress, vulnerability, and protectiveness. Fencing is a safer, better solution. 

For more information on how to reduce your dogs aggression, visit www.americanhumane.org. If you have been attacked by a dog, contact Florida Animal Attack Attorney Jeffrey Sexton at (407) 293-1144.

Is Your Property Poorly Maintained?

Homeowners and businesses have a duty to make sure their property is reasonably safe. Premises liability is based on the concept that when individuals act without regard to their duty of care, the victim of a personal injury caused by that negligence should be compensated appropriately.

Every day, people are injured while on another party's property. This can include injuries that occur in someone's home, on a walkway, in a parking lot, or at a place of business such as a grocery store, department store, restaurant, amusement park, sports stadium, bar, nightclub, fitness center, or hotel. Often, people have the mistaken impression that wherever they suffer an injury, they may have a claim against the person who owns that property. However, unless the property has been negligently maintained, under Florida tort law, a property owner may not be liable.

Injuries resulting from poorly maintained properties are common and can involve:

• Assault at a place of business due to negligent security
• Poor parking lot or sidewalk maintenance
• Unsafe stairways
• Slip and fall accidents
• Falling merchandise (from shelves)
• Unsafe amusement park rides (overnight fairs)
• Dog bites or animal attacks
• Unsafe handrails
• Accidents at construction sites
• Injuries occurring in or around swimming pools, which can include spinal cord injuries, brain damage, or drowning

If you or someone you know has been injured as a result of negligence on behalf of a home or business owner, contact Florida Personal Injury Attorney Jeffrey Sexton