Fort Lauderdale Injury Lawyer Blog

Taser Victim sues Orlando Florida Police Department

Wed, 09 May 2012 15:08:55 -0500

A man who was tasered at Universal Studios last year has sued the City of Orlando alleging that the police used excessive force when they tasered him which caused him to fall and break his jaw. He is seeking $2 million in damages. The man claims that his constitutional rights were violated and that he was falsely imprisoned. He also claims the police department inadequately supervises and trains its officers.

According to reports the following occurred. Universal Studios called in the Orlando Police to have the man removed from their property because he was "uncooperative." The man was instructed by the police to leave the premises, but refused. The man resisted arrest and refused to put his hands behind his back.

The officer sprayed mace into the man's face, but that didn't stop him, so he tasered the man in the back. The man claims he fell forward, struck his face on the cement, broke his jaw, damaged his teeth, and was treated at an Orlando hospital.

The man pleaded no contest in criminal court to the trespassing charge and adjudication was withheld.

Often times in cases like this one, the alleged victim's account differs from the responding officer's. Sometimes, the arrest is caught on video through the camera on police car or by a nearby surveillance camera. In view of the fact that this case occurred on the grounds of Universal Studios, I suspect that it was captured on video and that this will resolve any questions as to whether the use of the taser was warranted.

Fort Lauderdale Beach sunbather run over by truck

Wed, 18 Apr 2012 18:09:21 -0500

Yet again, we hear about another person run over by a large vehicle while on a South Florida Beach. This calls into question the wisdom and protocol of allowing vehicles like pick-up trucks on tourist laden sandy beaches.

A North Carolina woman was recently injured while sunbathing on the beach in Fort Lauderdale after an Ocean Rescue pickup drove ran over her. She has alleged that the City of Fort Lauderdale was negligent by allowing large vehicles to be driven on the beach.

Fort Lauderdale Mayor Jack Seiler said the city will probably review its rules regarding government vehicles being driven on beaches. The truck's driver, a veteran Rescue lieutenant, was placed on leave pending a review.

Large vehicles such as pickups have a limited view of sunbathers lying on the sand. This usage has raised concerns that these vehicles can't be driven on the beach as safely as all-terrain vehicles ("ATV's"), which offer far more viewability and maneuverability. While some lifeguards say these types of trucks are necessary for transportation in emergencies to carry medical equipment, such as backboards, defibrillators and first-aid kits, there is no reason why an all terrain vehicle ("ATV") cannot similarly be employed. ATV's offer a far better view of sunbathers and a trailer can be attached for carrying equipment or even victims.

Though Fort Lauderdale officials claim to have no knowledge of any other sunbather being run over on the beach, there have been similar incidents reported on other Florida beaches. Any time someone is struck by a vehicle on a sandy beach, questions about negligent operation of the vehicle come into question.

Florida child, 4, mauled by pit bulls at meth house

Tue, 13 Mar 2012 16:58:51 -0500

Deputies in St. Cloud, Florida, say a 4-year-old girl is recovering days after being brutally attacked by two pit bulls at a home used to make methamphetamine.

Osceola County Sheriff's deputies were called to a home in St. Cloud, Florida, where they found the young girl with bites and lacerations to her face, back and head that required more than 50 stitches.

The girl's mother, 29 years old, was arrested on child neglect charges because she did not report the child's injures. Someone who came to the house and saw the child, called for help. The Florida Department of Children and Families is investigating.

Investigators found materials to make meth at the house and inside the homeowner's truck.

What a lovely combination -- a meth house, two pit bulls, a wonderful mother and her young daughter. Once again the pit bull breed is involved in another unprovoked attack leaving the victim with serious injuries.

Homeowner insurance policies usually cover bites by the owner's dog. The law in Florida imposes strict liability upon the owners of dogs in the event that they bite some one. Frequently, the injuries are quite serious and in most every case a visit to the hospital emergency room is involved.

If you have suffered a dog bite, you may have a claim for damages which is covered by insurance. It is important to act promptly. You should contact the police and file a report. You should take pictures of your injuries and the dog if you can safely do so. Doing these things could go a long way to helping you recover for your medical bills, disfigurement and pain and suffering.

Dangerous pit bull shot in Pompano Beach Hotel

Tue, 06 Mar 2012 16:04:42 -0500

A Broward Deputy shot and seriously injured a pit bull on Monday according to the Broward Sheriff's Office.

Deputies responded to a call at America's Best Inn in Pompano Beach found that a guest Cristiane Ferrreito Texeira, 43, had not paid her hotel bill and decided to barricade herself in her hotel room along with two dogs.

When deputies finally forced their way into the hotel room a pit bull lunged at a deputy and it almost made it to his neck," according to BSO.

The pitbull was shot, critically wounded and taken to Coral Springs Animal Hospital. The other dog was taken to Pompano Beach Animal Control, she said.

According to BSO, Texiera was charged with defrauding an innkeeper and obstruction.

By now, most people except that those who own pit bulls would be wary of the breed. Miami-Dade County has even undertook to regulate the breed. It is time that the Broward County commission enacts a law to require all owners of pit bulls, either full or part bred, to carry liability insurance to protect the victims of these vicious attacks.

Electronic cigarette explosion injures Florida man

Wed, 15 Feb 2012 12:07:14 -0500

Remember the days when practical jokers gave out as gags exploding cigarettes and every one except the butt of the joke laughed. Well this is no joke! A Florida man suffered serious injuries and burns when the electronic cigarette he was smoking blew up in his face.

The man, Tom Holloway, is a photographer, a Vietnam Veteran, and a father of three who quit smoking. To help him control his cravings, Holloway used electronic cigarettes.

According to Holloway's wife: it sounded like a firecracker, and it was just a horrible noise, and she heard him scream and she ran in there. Debris was strewn around the room.

According to the Fire Department Chief, the cigarette battery ignited and it was basically like him holding a bottle rocket in his mouth.

The explosion knocked out all his teeth and part of his tongue and he had blood all over his face, and it set the study on fire. Holloway was transferred to a burn center.

Firefighters could not tell the brand of the electronic cigarette, but this is the first time they've heard of one exploding.

While cigarette explosions are uncommon, serious burns are not. They can result from all kinds of negligence ranging improper electrical installations to poorly maintained fire alarms. The treatment for serious, first degree burns, is quite painful and often the victims are scarred for life. Depending upon the circumstances, these victims may be able to recover from the wrongdoer.

Roadsides on South Florida highways are risky for those who leave their cars

Tue, 24 Jan 2012 13:13:26 -0500

Recently, two young people were killed and another seriously injured when they were standing near the side of the road as a result of a prior automobile accident in Plantation, Florida. Two of the victims had stopped to assist the driver of another car which had been disabled car in an earlier single car collision. A passing car collided with them. Currently, the Plantation police have not stated who was responsible for this horrific accident.

Last year in Miami, five people were struck and killed when they left their cars after a three-car accident along Interstate 95. Police said the driver who hit them was drunk and has since fled. In April, a Fort Lauderdale tractor-trailer driver was killed attempting to cross Interstate 75 after his truck collided another truck. Both of these accidents occurred in the low light of early morning.

In Hallandale, a 15-year-old Miami boy was struck and killed by a passing car as he helped three others push a disabled vehicle off I-95 near Hallandale Beach Boulevard.

Similarly, in Palm Beach County, an 18-year-old woman was struck and killed when she decided to leave her car which was disabled on I-95 near Forest Hill Boulevard to cross the highway about 3 a.m.

According to the Florida Highway Patrol, if your car is disabled, particularly on a highway in I-95, you should attempt to stop your car off the highway and as far away as possible from moving traffic. If conditions permit, you can try to find safety behind a guard rail or possibly stand in front of the car to the side. If you must get out of your car,you do not want to stand behind your car where it can be hit by passing traffic and propelled into you.

If your vehicle is disabled on a busy highway, you need to be very careful before you decide to leave your car, taking into consideration the weather, the traffic, and lighting conditions. Particularly in multiple lane highways like I-95 you need to be extremely cautious before attempting to walk across the lanes of traffic. If you must leave your car, try to stay as far away from the side of the road as you reasonably can.

Florida accidental gun shootings on the increase

Mon, 16 Jan 2012 12:13:04 -0500

If you read the newspapers in South Florida recently, you may have noticed that there is an increase in the number of accidental gun shootings reported. For example, the two incidents below were reported in a recent edition of the Fort Lauderdale Sun Sentinel.

In Miami a woman was taken to the hospital after her husband claims he accidentally shot her when he thought she was a burglar in their home.

In Eatonville, Florida, a teenager was accidentally shot and killed by a 6-year-old child. At the time of the shooting, the boy was playing video games in his home when he was shot in the head. The child who fired the gun, found the handgun from the floor and thought it was a toy.

As more and more guns are manufactured, sold, lost, stolen, and re-sold, these guns will end up in many more Florida households. The end result will be that as the number of guns in homes increase, there will be an increase in the number of unintended shootings of innocent people, often loved ones. In some of these cases, the homeowners insurance may provide coverage for the shooting victims.

In most of these cases, the guns will be unsecured. They may be placed in a location where children can get to them with little or no effort and there will not be any trigger locks or other devices to prevent the guns from being accidentally discharged in the home. Likewise, homeowners may mistakenly think there is an intruder in their homes and fire at their own family members. All of these situations are eminently preventable by either using more caution in securing the gun or only firing the gun when the shooter is certain of the identity of the target.

At the end of the day, each home owner contemplating keeping a gun in their house should weigh the potential increase to their personal safety against the possibility that an unintended tragedy may result.

Florida Helicopter crashes while delivering heart for transplant

Tue, 27 Dec 2011 11:15:03 -0500

A helicopter crashed in northern Florida while carrying three people, all of whom died, while delivering a heart for transplant to a waiting patient. The crash occurred early Monday morning according to the Federal Aviation Administration (FAA).

The helicopter had left St. Augustine and was heading to Gainesville, where the University of Florida, Shands Hospital, is located.

Aboard the helicopter was a heart surgeon, a procurement technician, and the pilot.

The downed helicopter, a Bell 206, was located by different helicopter in a remote wooded area. The Bell 206 is small and light weight and is usually used by police departments or traffic reporters.

Initially, weather does not appear to have been a factor as The National Weather Service only disclosed light fog with cloudy conditions, but no rain.

The cause of the crash will remain unknown until the NTSB issues its reports analyzing the pilot's experience, weather conditions, birds or other factors contributing to low visibility. The report will take months to prepare and examiners will be collecting evidence removed from the scene of the crash as well as maintenance records and the chopper's history of recalls, repairs and accidents.

It has been reported that the Bell 206 usually has an older engine which is no longer in use.

Dania Beach Motorcyclist Killed in Accident

Thu, 08 Dec 2011 11:12:26 -0500

A motorcyclist was recently killed in Dania Beach at SW Sixth Street and Federal Highway when a car collided with his motorcycle.

The senior driver and his wife were returning home from dinner in their Cadillac automobile around 6:30 in the evening. The Cadillac was proceeding southbound on Federal Highway and made a left turn onto Southeast Sixth Street in front of motorcyclist which was heading northbound on federal highway. The driver of the car said the motorcycle was speeding.

Currently BSO is still investigating.

This type of intersectional collision is very common in motorcycle death cases. Typically the driver of the car is heading in the opposite direction of the motorcycle. The driver doesn't see the motorcycle as it approaches and the driver makes a left turn directly in front of the bike. Occasionally, there may be a car driving in front of the motorcycle which obscures the view for motorists driving in the opposite direction.

With this type of impact the biker could be seriously injured or killed.

DUI crushes family on Florida Vacation

Mon, 21 Nov 2011 14:10:10 -0500

In August 2009, Roberto Zepka and Elizabeth Manzanilla were on vacation in Florida from their home in North Carolina, but instead of relaxation and enjoyment, the family experienced tragedy at the hands of an allegedly drunk driver who killed their 2 year old daughter and seriously injured their 11 year old son.

Prosecutors say John Molnar, 38, was driving drunk when he slammed into the family's rental car causing the wrongful death and serious injury of the two young children. Molnar has a history of speeding and drinking. In December 1999, Molnar pleaded no contest to charges of disorderly intoxication and resisting an officer. Molnar's blood-alcohol level, according to authorities, measured 0.133 and 0.129 percent, significantly over Florida's legal limit of .08.

Molnar was on his way home when his Cadillac hit a the family's rented car. Isabella, who was riding in a car seat in the rear, was killed.

According to records, Molnar, failed field-sobriety exercises.The Florida Highway Patrol trooper at the scene thought Molnar appeared to under the influence, unable to stand without swaying, staggering, red eyed, speech speech and the smell of alcohol on his breath. Molnar admitted to having drunk one Yuengling beer at a friend's house.

Recently, the family returned to Orlando, on what was supposed to be the day John Molnar plead guilty. Instead, Molnar changed his mind and elected to go trial rather than plea guilty, which was set for May of next year.

Understandably, the frustrated family expressed their opinions as to what they wanted the judge to do to Molnar. "This guy, he doesn't have an idea of what he did to the whole family, to the life of my children," said Manzanilla.

This type of case illustrates the all too common tragedy of DUI. Drivers, often times with a history of DUI or other offenses involving alcohol, can't resist the opportunity to get behind the wheel rather than call a cab. In addition to the criminal penalties, which could involve substantial jail terms, drunk drivers are exposed to civil liability, which includes punitive damages as well as compensatory or actual damages. Frequently, punitive damages far outweigh the actual damages awarded by a jury in a personal injury case.Juries want to send drunk divers a lesson.

Two Deerfield Beach children bitten by Pit Bull

Tue, 25 Oct 2011 10:29:43 -0500

In less than one month, pit bulls have attacked several young children in Deerfield Beach, Florida. The mother of one of the young children attack believes that Broward County should enact a ban against this breed, similar to the one in Miami-Dade County. Miami-Dade's law bans ownership of American pit bull terriers, American Staffordshire terriers or any other dog that exhibits the traits of these breeds.

The inherent difficulty in banning breeds like Pit Bulls is that very rarely are these dogs entirely purebred. Often they are a mix of American Staffordshire terriers with other types of dogs. Pit Bull lovers love to argue that these bans are unfair because they believe the violence these dogs commit is unrelated to the breed, but rather the result of bad owners, the evidence seems undeniable.

One victim this week was riding his bike near his Deerfield Beach home when he was bitten by a pit bull. The boy fled to a playmate's home, where an adult was required to beat the animal off the boy. The young boy suffered a broken arm and wounds on his face and limbs that required at least 30 stitches.

Another child in Deerfield Beach was bitten by a Pit Bull, requiring a neighbor to shoot and kill the dog. Although the child will recover from her physical injuries, the emotional trauma will be much more difficult to overcome.

The Centers for Disease Control and Prevention says on its website that 885,000 Americans seek medical attention for dog bites every year, and that half of them are children. Of the injured, 31,000 require reconstructive surgery, the website says.

Broward County Animal Care and Adoption policy is that if a dog has a previous bite history and bites someone else, it could be euthanized under county law, pending appeal by its owner.

The CDC's website states that Pit Bulls were responsible, more than any other breed of dog, for fatal dog bites to humans.

With each passing year, the problem of Pit Bulls becomes increasingly apparent. Both Broward County and the State of Florida need to find the political will to ban this aggressive breed from our streets and our children.

South Florida dies after falling off yacht

Mon, 10 Oct 2011 15:02:40 -0500

A Miami-Dade man was killed when he fell from the rear diving platform of a luxury yacht and was sucked into the path of the vessel's propellers.

At this time, it has not been determined by Florida Fish and Wildlife Conservation Commission officials whether alcohol was involved or if rough seas played a factor.

This unfortunate accident comes on the eve of the Columbus Day holiday weekend when an annual flotilla of boats of all sizes and types anchor off Elliott Key to celebrate. The partying, together with alcohol and other substances, has resulted in injuries and even deaths over the years.

Various law enforcement agencies, including the U.S. Coast Guard, FWC, Miami-Dade police and fire-rescue units and Biscayne Park National Park rangers will be patrolling the bay and local marinas this weekend on the look out "BUI" -- Boating Under the Influence.

Any boats stopped will be inspected for the required safety equipment, such as fire extinguishers and life preservers, and the operators will be checked for BUI. Penalties include jail and the confiscation of the boat.

South Florida is the boating capital of the world and a lot of boat operators who would never drive under the influence of alcohol don't think twice about operating their boat drunk. These people tend to believe that driving their boat under influence is safer than driving their cars when impaired. Of course, nothing could be further from the truth, but the sad reality is that each hundreds of people are injured or even killed through boater negligence.

Negligent gun shootings increase in South Florida

Tue, 13 Sep 2011 14:49:23 -0500

Negligent gun shootings are on the rise in Broward and Palm Beach counties. Negligent shootings involve the unintentional discharge of a firearm. These typically occur when a loaded gun is not adequately secured and children or adults unfamiliar with a firearm get their hands on the gun which fires. The overwhelming majority of these incidents are easily preventable.

Since last year, nearly a dozen shootings have occurred resulting in serious injury or death which marks a dramatic increase over past years.

One of the most tragic stories involves a Deerfield Beach father who left his loaded gun in his pickup truck where his 10-year-old son discovered it and fatally shot his 11-year-old brother.

In the vast majority of negligent shootings, unfamiliarity with the firearms by the owner was the root cause. Many gun owners fail to understand that with semi-automatic weapons, even though the magazine which holds the bullets is removed from the gun, a bullet can still be in the chamber and can be fired if the trigger is pulled. In addition to simply a lack of knowledge regarding gun safety, every new hand gun sold today comes with a trigger lock which, if used, would have prevented all of the South Florida tragedies.

In each of these negligent shootings, the owner exhibited a lack of common sense. As long as the discharge of the firearm was not intentional, the victim of these shootings may recover from the gun's owner home insurance policy under a theory of negligence. If you or a loved one has been injured by the accidental discharge of a gun, you need to be aware of the possibility that you may be able to recover for your damages.

Broward County deadly car crashes

Tue, 06 Sep 2011 15:26:06 -0500

According to the Florida Department of Highway Safety and Motor Vehicles, for the year 2010, automobile fatalities fell into the following categories:

Careless driving, 26

Failed to yield right of way, 13

Exceeded safe speed limit, 11

Broward County Driving under the influence of alcohol, 10

Improper lane change, 5

Disregarded traffic signal, 4

Driving on the wrong side or wrong way, 4

Followed too closely, 4

Improper turn, 3

Exceeded posted speed limit, 3

Driving under the influence of drugs, 2

Disregarded stop sign, 2

Failed to maintain equipment/vehicle, 1

Driving under the influence of alcohol and druge, 1

Drove left of center, 1

Ran off roadway, 1

Over-correcting/Over-steering, 1

Other, 71

Settlement in Taser Death Suit

Thu, 25 Aug 2011 10:00:57 -0500

A federal judge in Bay City, Michigan, recently approved a $1 million settlement in the wrongful death suit filed by the family of a Bay City teen filed by his family. The wrongful suit was filed in December 2009, following the death of 15-year-old boy died when Bay City police used a Taser to subdue him.

The autopsy showed the teen died of "alcohol-induced excited delirium" together with "application of an electromuscular disruption device." Officers claim the teenager was drunk and displayed an aggressive stance toward them when they were responding to reports of a fight. No charges were brought against the officers.

People often assume that since Tasers are less lethal than guns, that they are relatively safe to fire at people. In fact, Tasers have been involved in a number of deaths.

Because of the potential for serious injury and death, Tasers may result in wrongful death cases in the context of a civil rights action against law enforcement or even a civil lawsuit against a private party for assault and battery.