Someone injured due to another’s actions often go through a difficult ordeal. Such incidents can include anything from serious and significant injury to property damage. Individuals in these stressful situations frequently feel overwhelmed, upset, and even confused. Of course, their primary focus is on their immediate health and well-being. Once these pressing matters are sufficiently addressed, it is important to consult with a knowledgeable personal injury attorney about the specifics of your case in order to determine your legal rights, and decide on what steps to take next.
Teen Driving Accidents and the Summer
Summer is a dangerous time for anyone to be on the roadway. Increased traffic from summer travelers, summer parties and celebrations perhaps involving alcohol, and other factors all contribute to this fact. With these increased risks and additional distractions, it is not surprising that the summer months are the most dangerous for less experienced teen drivers, as well. Teen driver safety should be of the utmost concern for parents. A recent article discussed the dangers posed to teens driving on roadways across Florida in the summer.
Zimmerman’s Latest and Stand Your Ground
George Zimmerman continues to make headlines in Florida and across the nation. According to a recent article published by Fox News, the Seminole County Sheriff’s office confirmed that George Zimmerman was arrested Monday, November 18th, when deputies responded to the report of a disturbance in Topfield Court near Apopka. The incident involved Zimmerman and his new girlfriend, who is accusing him of domestic violence. Zimmerman was booked at the John E. Polk Correctional Facility, but was later released. The Judge presiding over the bail hearing made sure to warn Zimmerman to stay away from firearms.
Of course, Zimmerman’s notoriety stems from the shooting incident involving teenager Trayvon Martin in February 2012. After going to trial on the case, Zimmerman was acquitted in July of all charges connected with the incident. The case caused divided opinions across the nation as to Zimmerman’s guilt. Since Martin was African-American and was unarmed at the time of the shooting, the issues of race and self-defense were at the forefront of debate. Zimmerman said he shot the 17-year-old in self-defense during a fight inside a gated community in Sanford, Florida.
PIP Auto Insurance on the Chopping Block
All drivers in Florida are required to have Personal Injury Protection (PIP) as part of any automobile insurance policy. Instead of going through the court system, these policies are meant to pay medical bills quickly. Yet the Florida system appears to have multiple problems with fraud, and the Florida Legislature is considering getting rid of the no-fault system.
No-Fault History
No-fault automobile insurance began in the 1970s. As advocates explain, “its central idea was that an injured accident victim would simply receive compensation from his or her own insurance company instead of having to show the fault of another driver to recover losses from the other driver’s insurance company.” This insurance scheme was meant to reduce insurance premiums because every case would not have to go through the judicial system to be resolved.
Property Owners Liable For Injury Due to Lack of Good Repair of Premises
Property owners have certain responsibilities to people who visit their property. This is especially true for commercial property where the general public is invited in to do business. If the commercial property owner does not keep the parking lot and sidewalks even and in good repair, a visitor or employee could get injured and the property owner would be liable for the injuries and medical expenses.
The Lawsuit
In Hialeah Gardens, a woman rented space for her business in a commercial warehouse property. In July 2008, the woman tripped and fell on the concrete walkway to the warehouse because there were holes and uneven areas.
The woman filed suit in February 2010 against the owner/landlord of the property, Mauna Loa Investments, LLC. Mauna Loa did not respond to the lawsuit and the court entered a default judgment in May 2010.
Mauna Loa moved to set the default judgment aside in November 2011. Mauna Loa argued it did not own the property on the date the woman was injured. Mauna Loa argued that the property was owned by Iberia, NV, LLC and pointed to the lawsuit filed by the woman against Iberia. The complaint against Iberia stated that Mauna Loa purchased the property from Iberia in October 2008.
The case went to trial on the woman’s damages and the court entered judgment against Mauna Loa. Mauna Loa appealed.
The Appellate Decision
The appellate court noted that under to Florida law, landlords have the obligation to maintain leased premises (FL Stat. 83.51). The law requires landlords to comply with the local building, housing, and health codes. Even though landlord’s are required to keep all properties in good repair, the appellate court noted that Mauna Loa did not control the property at the time of the woman’s fall. Because Mauna Loa did not own the property, they were not responsible for the upkeep and were therefore not liable for the woman’s injuries.
Local Ordinances
Miami-Dade’s municipal code requires that all parking and paved areas be kept in good repair. “Parking and paved areas shall be maintained free of deterioration. Deterioration shall be defined as visible holes exceeding a depth of two inches and more than 5 square inches in area, … as well as access ramps and access paths for wheelchair traffic, … Parking areas and paved areas shall be maintained in accordance with the approved site plan and public works, building or zoning permits.” (Miami-Dade municipal code sec. 19-15.3)
Hialeah Garden’s municipal code requires landlords “to make reasonable provisions for the clean and safe condition of common areas.” (Hialeah Garden’s municipal code sec. 58-40) Further, “all real property including structures, … which are either unsafe, … fail to permit safe public passage, … unsafely maintained, … or which in combination with an otherwise lawful existing use constitute a hazard or potential hazard to the public safety and health, are declared to be public nuisances. All public nuisances shall be abated by repair, rehabilitation, or removal.” (Hialeah Garden’s municipal code sec. 30-1)
If you have been injured due to the negligent upkeep of commercial property, contact our knowledgeable attorneys to assess your situation to determine if you have a case.
The attorneys at Hoffman, Larin & Agnetti, PA. will provide a free, no obligation consultation at our South Florida offices located in Dade, Broward and Monroe Counties. If you are unable to travel, we can see you at your home, hospital, or other location which is convenient for you. Call us at (305) 653-5555 or contact us to schedule your free consultation today.
Gable Bike Day Promotes Bicycling and Safety
Bicycling is a fun and healthy activity. It is also great transportation with a low carbon footprint. There are cities and towns across America who promote bicycling to reduce petroleum fuel usage and stay fit as a whole community. The State of Florida established the Conserve by Bicycle Program administered by the Department of Transportation.
Conserve by Bicycle Program
The Florida Legislature established the Conserve by Bicycle Program in 2005. The program aims:
-
To save energy by reducing petroleum-based fuels
-
To increase cycling to improve community interconnectivity
-
To reduce traffic congestion
-
To provide recreational opportunities
-
To encourage healthy trends to reduce long-term health costs
-
To provide safe travel to schools for students.Read More
Tasers Do Not Always Equal Non-Lethal Force
Complaints about the use of deadly force by law enforcement led to a revolution in halting suspects. In addition to a firearm, most police forces across the country require officers to carry a Taser. Now there is an outcry to review Taser policy after a number of recent deaths have been plastered across the news.
Stun guns
Stun guns are devices that conduct energy through contact points to emit electricity to shock an individual to stop them. Stun guns are handheld with two contact points that emit the electricity. The conducted electricity devices used by law enforcement across the country and around the world are still held like a gun, but the two contact points are attached to wires that extend the reach of this weapon. The Taser Company manufactures the most common brand of this type of weapon. “Taser, a brand name so ubiquitous it has become a verb, owns some 99 percent of the U.S. market for the type of weapon generically called a conductive energy device, whose aim is to subdue an uncontrollable suspect by shocking the muscles, making them collapse.”
Recent deaths
On August 6, 2013, 18-year-old Israel Hernandez-Llach was Tasered by a Miami Beach police officer for graffiti and died. Hernandez’ parents have filed suit against the police department for excessive use of force.
On September 3, 2013, an unidentified man in New Britain, Connecticut was Tasered by police after barricading himself in an apartment. The police reported, “the man experienced a medical condition that led to his death.”
On September 3, 2013, Pinecrest police were called to an altercation and Tasered 43-year-old Norman Oosterbroek. He was reported dead at the hospital. Oosterbroek, a well-known bodyguard for celebrities, assaulted a neighbor triggering the call for police. According to police, “Oosterbroek became physically aggressive with officers when they attempted to take him into custody and ignored warnings to stop. In order to stop the violence, he was shocked with a Taser.”
Advocacy efforts
Amnesty International states in its 2013 Year in Review that “at least 42 people across 20 states dies after being struck by police Tasers [in 2012], bringing the total number of such deaths since 2001 to 540. Tasers have been listed as a cause or contributory factor in more than 60 deaths. Most of those who died after being struck with a Taser were not armed and did not appear to pose a serious threat when the Taser was deployed.”
Currently each jurisdiction establishes their own policies on training to use and use of Tasers. The Connecticut ACLU is lobbying for new state legislation to standardize Taser training. There are also other efforts to standardize training and use guidelines of Tasers at a national level.
These efforts look at a variety of studies that say Taser electrical output causes such a disruption to an individual’s internal electrical field that the heart races and in turn can cause a heart attack. Taser provides a number of studies that contradict the heart attack argument, yet the company issued updated training instructions not to aim at a suspect’s chest when firing a Taser.
If you have suffered injury from being Tasered, you may want to have your case assessed by our attorneys to determine if your personal injury is compensable.
The attorneys at Hoffman, Larin & Agnetti, P.A. will provide a free, no obligation consultation at our offices in Dade, Broward or Monroe County. If you are unable to travel, we can see you at your home, hospital, or other location which is convenient for you. Call us at (305) 653-5555 or contact us to schedule your free consultation today.