Property Owners Have A Legal Responsibility To Repair Potential Hazards

When property owners allow others to enter their property, either by opening the property to the public or inviting people onto it, they have a legal responsibility either to remove or repair potential hazards on the property or warn their visitors about them.

Have you or someone you know been injured in a slip and fall incident at a grocery store, mall, or other commercial facility? Have you been assaulted in a poorly monitored, poorly lit, or poorly maintained parking lot? Have you suffered any other injuries due to a property owner's failure to look out for the safety of visitors? If so, you may have a claim for compensation under our state's premises liability law.

Common circumstances in which property owners are found legally liable for the injuries of their guests include the following:

• Wet or slippery surfaces
• Inadequate security or lighting in potentially unsafe areas
• Uneven surfaces that do not present an obvious hazard
• Malfunctioning elevators, revolving doors, or other such devices

After any such incident, contact our office immediately to speak directly with an attorney experienced in handling these cases. Many times people will scurry away from a situation in public due to embarrassment. Don't let pride get in the way of compensation. Your ego will heal on its own, a cracked vertebrae however, requires costly medical attention.

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

The Dangers Of Crosswalks

Marked crosswalks are safety devices put in to place to prevent tragedy. Most jurisdictions give the pedestrian the right-of-way when within them. Interestingly, there is strong evidence that marked crosswalks prompt many pedestrians to feel overly secure when using them. As a result, pedestrians place themselves in hazardous situations on the mistaken belief that a vehicle can and will stop -- even when it may be impossible to do so. It isn’t unusual for this type of pedestrian behavior to cause rear-end collisions when motorists are forced to brake abruptly.

In contrast, a pedestrian using an unmarked crosswalk generally feels less secure, less certain that the vehicle will stop and exercises more caution when waiting for safe gaps in traffic before crossing. Consequently, fewer accidents occur in unmarked crosswalks.

This isn’t to say that jay walking is encouraged, however, when extreme caution on the part of the pedestrian is exercised the number of accidents are reduced. A marked crosswalk is nothing more than a false psychological barrier that gives both pedestrians and motorists a disadvantage. It is good in it’s intent, but can be dangerous when oncoming traffic is ignored.

Many tourists who aren’t familiar with an area often times fall victims to these circumstances, as well as the elderly. It is wise to always look both ways and make eye contact with motorists to convey your intent. Never enter traffic until it is absolutely safe to do so.

What To Do When Involved In A Pedestrian Accident In The State Of Florida

Florida is an outdoor state. Sure, all states are "outdoors" but Floridians are able to spend time outdoors year-round. With that comes a high volume of pedestrian traffic. Shirtless surfers, joggers, speed-walkers, dog walkers, etc. Sometimes it's just an after dinner stroll around the block. Unfortunately, disaster doesn't discriminate whether you were jay-walking or using a cross-walk.

If you or someone you know has been injured or killed in a pedestrian versus automobile accident you may be entitled to compensation. Fast-moving, heavy motor vehicles create obvious dangers for pedestrians, and one of the most serious responsibilities imposed on drivers is that they must keep their eyes on the road and take all possible steps to avoid hitting anyone who is on foot.

Clearly, if you were hit while crossing at a crosswalk on a green light, the driver will generally be held responsible. But even if you were not following the rules for pedestrians, you may be entitled to compensation, depending on the specific circumstances of the accident.

Jaywalking may be technically against the law, but that does not give drivers free rein to cause accidents anytime a pedestrian steps off the curb and into the road. Drivers must use good judgment and make reasonable efforts to avoid causing pedestrian accidents.

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

When Should You Contact A Lawyer After A Brain Injury?

When a brain injury is sustained it often requires prompt and intense treatment. After a brain injury, even a mild concussion, it is imperative that one seeks medical help as quickly as possible. Brain injuries can progress over time, and occasionally, without any notice. If not properly treated, a worsening brain injury could result in damages too extensive to repair.

A brain injury ranges from mild to severe. The term "mild" can be misleading, mild brain injuries refer to the severity of the physical trauma that resulted in the injury. It does not indicate the severity of the injury's consequences. Mild brain trauma can result in: confusion, disorientation, unconsciousness lasting 30 minutes or less, amnesia during the time of the injury, seizures, headaches, dizziness, lethargy, vomiting, and poor concentration.

There are two types of severe brain injuries, closed and penetrating. Closed is an injury to the brain caused by movement within the skull. This type of injury could result from a motor vehicle crash, a fall, or being struck with an object. Penetrating is a result of a foreign object entering the skull. A penetrating injury could be a caused by being struck with a sharp object or a firearm.

The short and long term affects of a severe, non-fatal brain injury include: amnesia, issues with cognitive and motor function, depression, anxiety, aggression, impulse control, personality changes, and changes in hearing, vision, and perception.

According to the Centers for Disease Control and Prevention (CDC), severe brain injuries play a part in a significant number of permanent disabilities and death in our country. Traumatic brain injuries cause a third of all injury related deaths in the US. Each year, roughly 1.7 million people suffer a traumatic brain injury.

These types of injuries can greatly affect a person's life, including employment, relationships with family and friends, one's ability to do simple household tasks, as well as the ability to take part in social activities. Since medical care associated with a brain injury is so costly, those who have suffered this type of injury may receive a sizable medical bill. Additionally, the affects of a brain injury can be life long and debilitating.

Contact Florida Personal Injury Attorney Jeffrey Sexton at 407-293-1144 immediately if you or someone you know has suffered a brain injury due to the negligence of others.

Florida's Personal Injury Protection Law

Many people have criticized Florida's Personal Injury Protection (PIP) law and would like it eliminated, however Governor Scott prefers to mend it.

PIP is a type of insurance drivers in Florida must carry. The purpose of this insurance is to make readily available emergency medical benefits to people involved in auto accidents, without regard to who is at fault. Under the law, a person injured in an accident must seek care within 14 days. The allotted benefits drop from $10,000 to just $2,500 if the treatment was not for an "emergency medical condition." And one's medical condition must be diagnosed by a provider on a specified list. This list excludes chiropractors.

A great deal of Floridians feel as though the PIP law is redundant. This is due to most motorists already possessing some type of bodily injury coverage. People are also challenging the law due to massage therapy and acupuncture procedures being eliminated as part of the PIP system. An additional reason change is sought is the federal Affordable Care Act, which takes effect January 1, 2014, is presumed to cover a great deal of what is already provided through PIP.

In an effort to return the PIP law to its prior form, a Circuit Court Judge has found the statute unconstitutional, granting a temporary injunction against it. The basis for his ruling was the exclusion of chiropractors, the exclusion of payment for massage therapists, and the 14 day cut off for maximum benefits.

A Senate bill directed at putting a stop to Florida's PIP law was met with silence during the committee meeting on April 9. As a result, Sen. David Simmons removed the bill from being voted on, then said it would be brought back the following week. Stay tuned for updates...

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.