West Palm Beach Injury Lawyer Blog

Man Attacks Girlfriend With Scissors After Argument

Thu, 17 May 2012 09:29:50 -0500

A lovers' spat quickly turned into a serious altercation, involving criminal charges and serious injuries. According to an article in The Palm Beach Post, Joseph David Knowles is facing charges of aggravated battery with a deadly weapon and simple battery. Knowles was arrested on Monday for allegedly attacking his girlfriend with a pair of scissors. What provoked Knowles' outrageous conduct was an argument that he and his girlfriend had earlier in the day.

Our Palm Beach County personal injury lawyer recognizes that aside from the criminal charges, Knowles also potentially faces a civil claim again him for injuries his girlfriend sustained from the attack. Local community members should remember that intentional harm--like that which allegedly occurred here--often gives rise to two kinds of legal cases: criminal and civil.

According to the arrest report, Knowles and his girlfriend were separated for the majority of the day. Knowles left their apartment after he and his girlfriend got into an argument. His refusal to return her phone calls after he left was indication that he was upset about events that transpired earlier in the day. Investigations reveal that Knowles had consumed six beers while he was out cooling down from the argument. Police officers noted in their report the strong smell of alcohol when they spoke to Knowles at the scene of the attack. Clearly emotions were at a high intensity level from the argument earlier in the day. .

As our Palm Beach County personal injury attorney understands, the consumption of alcohol often causes aggressive, risky, and reckless behavior, ultimately resulting in dangerous altercations that have the potential to cause serious injuries. The law has unique rules regarding how intoxication affects legal cases where the defendant's state of mind is at issue. In virtually all cases the intoxication is in no way an excuse.

According to the arrest report, Knowles returned to the apartment later that evening. He had allegedly barged into the bedroom where the girlfriend was sitting on the bed. Knowles then approached her and punched the lower part of her leg. Fearing for her safety, the girlfriend threatened to call the police, which prompted Knowles to grab a pair of scissors and poke her several times on the right shoulder.

Domestic violence and similar physical altercations are never acceptable in our area. Criminal charges are usually filed following these incidents. But, in certain circumstances, other legal options may be available to those hurt. No matter what, local residents should remember that when another causes them intentional harm--or harms them recklessly--the civil law can help provide redress and accountability.

Our experienced Boynton Beach injury lawyer has helped protect the legal rights of victims who have suffered injuries in any kind of accident. Please contact The Law Office of Eric H. Luckman for a free consultation if you have been hurt by the misconduct of another.

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Grandparents Put Child in Danger by Towing Her in Toy Car

Wed, 09 May 2012 16:40:18 -0500

A day of fun with her grandparents could have ended in tragedy for a 7-year-old girl in Sarasota County. According to an article in The Herald Tribune, Paul J. Berloni and Belinda Jean Berloni, grandparents of the young girl, towed the girl in a plastic car behind their SUV. Reports indicate that Paul, the driver of the SUV, was drunk while the girl was being towed. Our Palm Beach County personal injury lawyer appreciates that serious accidents can even happen in situations like this one where malicious intent is not present.

Like many loving grandparents, Paul and Jean were babysitting their granddaughter on a Sunday afternoon. As a way to entertain the child, Paul and Jean decided to tie a plastic Hot Wheels car to their SUV and pull the toy car while the child was sitting in it. The toy car was tied to a trailer hitch with two dog leashes. A deputy who had saw the SUV pulling the toy car estimated that the SUV was travelling at a speed of 5 to 10 mph.

What appears to be an innocent afternoon of fun is in actuality a dangerous situation when other factors are considered. Both Paul and Jean were intoxicated while the child was being towed by the SUV. Furthermore, an arrest report states that Paul admitted that his driver's license had been revoked. As a result of the circumstances, Paul is being charged with driving under the influence, child endangerment and driving with a suspended license. The arrest report also states that Belinda admitted "that she understood that it was dangerous to drag a child behind the vehicle but stated they were just having fun and had been doing this all day."

Although it appears that the grandparents in this particular case simply had the intent to have fun with their granddaughter, our Palm Beach person injury lawyer knows that accidents can occur in seemingly harmless situations where the wrongdoers do not have malicious intent to cause harm to others.

It is clear that Paul and Jean did not think that anything bad would happen to their granddaughter, and fortunately, no one was hurt in this particular case. However, the situation could have easily turned awry, causing serious harm to the child. As the arrest report states, the defendants "failed to provide adequate supervision for the child and put the child in a situation that could have easily resulted in great bodily harm, permanent disfigurement or even death." Therefore, the fact that Paul and Jean did not intend for the child to be injured is irrelevant.

This seemingly unique situation is a good reminder of the fact that civil lawsuits based on negligence apply in all situations where people act unreasonably--even if they don't necessarily understand the risks they are taking. Even if the wrongdoer who caused injury to an individual does not have malicious intent to cause such harm, the injured individual still has the right to receive compensation for his/her suffering. Our experienced Boynton Beach injury lawyer has helped individuals who have suffered injuries in all types of accidents. The Law Office of Eric H. Luckman offers free consultation for injured individuals in any kind of accident.

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Fight Erupts at a Jacksonville Beach Golf Course

Thu, 03 May 2012 16:47:43 -0500

A brawl took place at the Jacksonville Beach Municipal Golf Course on Saturday afternoon. According to an article in the Palm Beach Post, the battle erupted between two groups of golfers. Surprisingly, the group that initiated the attack consisted of two elderly men and two elderly women. The main culprit in the group was 61-year-old James Alonzo Hines. According to an arrest report, Hines was charged with aggravated battery with a deadly weapon. He was jailed and later released. Our Palm Beach County personal injury lawyer understands that violent attacks can occur in the unlikeliest of places - even in safe and friendly venues.

The group that was attacked was comprised of six young men who were out celebrating the pending nuptials of their friend Donald Salsbery. The individuals who suffered injuries from the incident were Murdock Hampe, Michael Hankin, and Justin Ravel. The elderly group was golfing behind the young men and had become impatient with the slow-paced game of the young men, claiming that they were holding up their game. The young golfers were neither drunk nor driving their golf cart recklessly. They were simply enjoying the day and playing a leisurely game of golf.
The altercation between the two groups started when shouting ensued between the two groups from a distance. Hines' arrest report states that the argument was due to the younger golfers driving, drinking and "malingering" on the greens. Incensed, Hines then began hitting balls at the young men from about 200 yards away. In retaliation, one of the balls was thrown back at Hines. At that point, Hines got into his golf cart and drove into the group of young men. Hines ran over Hampe's leg and slammed into Hankin, pinning him against another cart. Hines then struck Hampe with a golf club. Hampe was treated at a hospital, while Hankin was treated at the scene.

Although Hines may have had a valid reason to become irritated under the circumstances, our Palm Beach personal injury lawyer knows that this does not give rise to the right to instigate a violent attack. Furthermore, the golf course was a public course and the young men were paying customers, and therefore had a right to use the property in an appropriate manner, even if the pace of their game was slow. The law does allow defense of property if an individual has trespassed and is wrongfully on the premises. In this particular case, however, the young men had paid for use of the public course and were not trespassing. Therefore, it is unlikely those sorts of defenses would apply in a situation like this. Moreover, Hines was not the owner of the golf course.

As depicted by this particular case, dangerous situations can unexpectedly arise even in safe environments. Our experienced Boynton Beach injury lawyer has helped injured individuals in all types of accidents and has advised such individuals of their legal rights in order to be compensated for their suffering. Please contact The Law Office of Eric H. Luckman for a free consultation if you have suffered injuries in any kind of accident.

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Fire Strikes Twice at Palm Beach Condominium

Wed, 25 Apr 2012 14:31:18 -0500

A condominium complex in suburban West Palm Beach was struck by fire for the second consecutive night. The building, a two-story four-unit condominium, is located south of Gun Club Road and west of Haverhill Road. According to an article in the Palm Beach Post, fire-rescue crews were called to the first fire around 11:58 p.m. on Monday night. The cause of the fire is still reported to be unknown. Firefighters were called to a second fire at the same location at approximately 1:52 a.m. in the early hours of Wednesday. Again, investigations have yet to reveal the cause of the second fire. Our Palm Beach County personal injury lawyer understands that regardless of whether the cause of an accident is known, people will be injured in unfortunate situations like this, and they often have certain legal rights which allow them to be compensated for their suffering.

The building suffered serious damages from the first fire. Several bedrooms on the first floor of the building were completely destroyed. The only remains from a bedroom that appeared to be a young girl's room were dresses hanging from a closet and teddy bears sitting on a dresser. From the observations of Scott Spudeck, who lives in the same neighborhood but in a different building, it can be surmised that the fire was more than just a minor blaze. Spudeck stated that on the night of the first fire, he heard an explosion and saw a "raging fire." The presence of the fire was so forceful that Spudeck's daughter suffered an asthma attack because she was so frightened.

From recent events in connection with the building, investigators suspect that the timing of the second fire was more than just a mere coincidence. Authorities from the Sheriff's Office and the president of The Forest Condominium Association believe that the fire may be a result of someone targeting one of the building's tenants. Just this past weekend, neighbors reported that a car burst into flames. Furthermore, deputies from the Sheriff's Office have been called to the building twice in the past few months - once for a fire and the other for vandalism. Although it has not been concluded whether these incidents are related to the recent fires, suspicions are high.

Remarkably, no one was injured from either of the fires. Even so, the local chapter of The American Red Cross took the necessary precautions and came to the building equipped with emergency aid. Reports indicate that an unnamed adult was given lodging, food, clothing and recovery supplies by The American Red Cross. As an advocate of injured individuals in unexpected accidents, our Palm Beach injury lawyer shares The Red Cross's immediate call to action to those who may have been injured in the fire.

Our experienced Boynton Beach injury lawyer has helped injured individuals in all types of accidents and recognizes that it is rare for all those caught in dangerous situations, such as the fires in this particular case, to come out unscathed. In less favorable situations where individuals suffer injuries from any type of accident, our Palm Beach County injury attorney can advise injured parties of their legal rights so as to help them in their recovery. Please contact The Law Office of Eric H. Luckman for a free consultation if you have suffered injuries in any kind of accident.

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Automobile Crashes into Supermarket--Reminder of Ever-Present Car Accident Risks

Wed, 18 Apr 2012 13:35:49 -0500

Similar to the plane crash that was reported in our previous post, an unusual accident occurred at a Central Florida supermarket, injuring ten Palm Beach residents. Thelma Wagenhoffer, a 76-year-old woman, crashed into a Publix supermarket. According to an article in The Daytona Beach News-Journal, an investigation by the Florida Highway Patrol reveals that Wagenhoffer's 2004 Toyota Camry "accelerated rapidly as it crossed the parking lot" and crashed into the Publix. After crashing through the glass doors, the vehicle continued to travel for at least another 40-50 feet. The incident occurred early in the afternoon on Saturday. Our Palm Beach County automobile crash attorney understands that these sorts of bizarre accidents happen more frequently than some might suspect. Innocent bystanders are often hurt in the process

Three of the injured remained hospitalized on Tuesday. Lupo Mario Hernandez, age 83, suffered the most serious injuries after being pinned beneath the car. He was rushed to Halifax Health Medical Center in Daytona Beach and was reported to be in serious condition on Tuesday. The situation could have been worse for Hernandez had it not been for the incredible feat by a group of heroes who lifted the car off of him.

The victims who suffered minor injuries were treated and released from Florida Hospital Flagler over the weekend. Other injured parties who required more medical attention continued to recover at home on Tuesday, including Lasaunda Hampton. Hampton was one of the four people who took the first impact at the entrance of the supermarket. She had been sitting on the bench with her 3-month-old baby, Tyshawn Davis, who was strapped into his stroller. Miraculously, Hampton's baby escaped the accident with just a minor bump on the head.

Oddly enough, neither alcohol or mechanical problems were a factor in the incident. Like in many similar situations, our Boynton Beach injury lawyer recognizes that the cause of the accident likely stems from negligence. In fact, Wagenhoffer was charged with careless driving on Tuesday. Due to the severity of the injuries sustained by the people in the store, Wagenhoffer was ordered to appear in court. It is common for some form of civil traffic or criminal charge to follow after these incidents. Those charges are separate from any civil suit brought on behalf of those hurt in the ordeal.

Of course there are times when drivers have poor judgment and fail to exercise safe driving habits. Our Palm Beach automobile accident attorney understands that when drivers fail to exercise reasonable care while driving, they have failed to adhere to the basic rules of safe driving, and may be held accountable for the consequences of their actions.. From investigations that have been conducted thus far, it appears that Wagenhoffer simply lost control of her vehicle likely because of basic driving errors.

Those caught in these sorts of situations often face injuries that last a lifetime. It is important for those hurt to receive basic compensation to help in their recovery. Our Palm Beach personal injury lawyer at The Law Office of Eric H. Luckman has worked with many local residents hurt in similar incidents. We offer free consultation for individuals who have suffered injuries in all types of accidents.

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Florida Plane Crash Injures Five

Fri, 06 Apr 2012 16:53:57 -0500

A horrific scene unfolded in an Orlando supermarket this week when a small airplane crashed through the roof of the store. According to an article in the Claims Journal, two passengers on the aircraft and three customers at the grocery store were injured in the crash. The incident occurred around 7:20 on Tuesday evening, and eyewitnesses say that it was as though something had exploded inside the store. The impact was so severe that several people were knocked off their feet.

The plane and store caught fire immediately. Fueled by the aircraft's exploding gas tank, the fire continued to blaze for more than an hour after firefighters arrived. Customers inside the store hurried through the smoke to get outside, where, for the first time, they saw the airplane and were able to identify what was happening. While most customers did not suffer any major injury, there were reports of several people, including the pilot and co-pilot, whose clothing was on fire. One shopper, a college student named Brendan Beitler, sustained burn injuries on his leg when his pants caught fire. Altogether, five people were hospitalized, but they are all expected to be released in the near future. Of course, even the people who sustained no physical injuries suffered a great deal of emotional trauma due to the fear and the horror of seeing people literally burning around them.

Our Palm Beach County plane crash lawyer knows that when something like this happens, the first question on everyone's mind is, "What went wrong?" Flight technology has improved drastically over the past few decades, and now it is relatively rare to hear of a plane crashing. Therefore, when a plane does crash, people want to know why. The most likely answers to that question are (1) pilot error, (2) mechanical failure, or (3) both of the above. Sometimes, pilots make mistakes or fail to do something that they should, and this can result in the plane going down. Other times, something goes wrong with the engine or something else in the plane, and that is what causes the crash. Still other times, a plane can crash because there was a mechanical issue, and the pilot failed to respond properly, based on his or her training.

Whatever the reason, as our Boynton Beach injury lawyer can tell you, in plane crash cases, the cause almost always comes down to negligence. According to the article about this particular crash, there have been some initial indications that the plane was experiencing mechanical problems prior to crashing, but we will not know for sure until a full investigation can be completed. Either way, the people injured in this plane crash will very likely have a cause of action against the person or persons whose negligence ultimately caused this horrible incident to occur. They would be well advised to speak to a personal injury attorney as soon as they are physically able, so that they may be in the best position to assess their claim and obtain the compensation to which they are entitled.

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Florida Taser-Related Brain Injury Goes Unpunished

Fri, 30 Mar 2012 11:38:18 -0500

In recent years, the use of tasers by police officers has increased. While tasers, or stun guns as they are also known, are generally considered a safe and non-lethal method of detaining an uncooperative or fleeing suspect, there have been a significant number of Florida taser-related injuries and deaths, especially over the last couple years. Many people think that giving police stun guns as an alternative to deadly force was a good practice because it encouraged police to exhaust every possible remedy prior to discharging their firearms. However, as more time passes, it seems that many officers have come to rely on their tasers as a way to bring a suspect into submission even when they are not really being threatened. Because they are considered safe, stun guns are being used more and more often, but the more they are used, the more we see that they are not always safe.

Our Palm Beach personal injury lawyer was distressed to read about one such situation this week. According to Channel 10 News out of Tampa Bay, Trooper Daniel Cole of the Florida Highway Patrol was cleared of wrongdoing in an incident that took place in September of last year. He was under investigation by the Florida Department of Law Enforcement for the use of his taser on a young woman named Danielle Maudsley.

Cole first arrested Maudsley for fleeing the scene of a traffic accident, which is a misdemeanor charge in Florida. While she was handcuffed, she attempted to run from him, and when she ran, Cole pulled out his stun gun and fired it at Maudsley. She immediately fell to the ground, and because she was handcuffed, she was unable to break her fall. Her head hit the ground with great force, causing a severe brain injury that has left the 19-year-old Maudsley in a vegetative state ever since.

During the investigation, Cole asserted that he used his taser because Maudsley was fleeing the scene, and he believed that if he did not tase her, she would escape. However, a camera on the front of the police cruiser captured the entire incident, and from the footage there it certainly appears that Cole either could have caught her or could have at least attempted to pursue prior to using his stun gun. Because she was handcuffed and unable to put her hands out to lessen her injuries, many people feel that Cole should have refrained from or, at the very least, waited to utilize his taser until he was sure that it was necessary. Again, this is a classic case of an officer using a stun gun in a situation where he is not in danger but instead wishes to subdue the suspect.

Of course, everything happened very quickly, and it is always easier to discuss what the officer could have done when things are slowed down, and we have the benefit of cooler heads and calmer circumstances to assess. However, as our Palm Beach County injury attorney knows, part of a police officer's job is to be able to think and react quickly, but properly, under pressure. Legal cases in these situations would involve analysis of all of these factors to determine whether reasonable conduct was or was not displayed.

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Motorcycle Accident in West Palm Beach

Fri, 23 Mar 2012 16:23:53 -0500

The dangers of riding a motorcycle are common knowledge to all those who work with auto accident victims in our area, including our Palm Beach motorcycle accident lawyer at the Law Office of Eric H. Luckman. According to the most recent Florida Traffic Crash Statistic Report in 2010, 350 motorcyclists were killed and 6,686 were injured across the state as a result of these accidents. During that year there were a total of 7,484 crashes involving motorcycles. This means that only 798 motorcycle crashes left the motorcyclist uninjured. As one might expect, in crashes involving motorcycles, it is generally the motorcyclist who ends up with the most severe injuries. Although these sobering statistics have decreased slightly, they are still higher than they were just a few years before.

One of these unfortunate and all too common motorcycle crashes occurred last Saturday evening on March 17th in West Palm Beach. According to an article in The Palm Beach Daily News the West Palm Beach police were pursuing two speeding motorcyclists riding north on South Ocean Boulevard. For unreported reasons the law enforcement officers called off their attempted traffic stop of the motorcycles.

After the traffic stop had been abandoned, one of the motorcyclists crashed into the guard rail near Sloan's Curve in the South End. This lead to the road being closed in both directions for hours while the injured motorcyclist was helped and the police investigated. According to police spokesman Fred Hess, the injured motorcyclist was taken to St. Mary's Medical Center with serious injuries. On March 18th The Palm Beach Daily News reported that the injured rider was Eddie Acevedo, and his condition was not available at the time of the report.

The police were left with several questions at the scene of the accident. First, what was the actual cause of the crash? The question is still unanswered. Second, what happened to the second motorcyclist? Police theories included that the motorcyclist rode off, that the motorcyclist was hiding near the crash site, or perhaps the motorcyclist had also been injured.

This accident also leaves our Boynton Beach injury attorney with a slew of questions, most of which could greatly affect the potential case for the injured rider. Negligence laws stemming from these accidents usually hinge on causation--what factors actually led the motorcyclist to be injury. Our Florida personal injury lawyer understands that the root of the accident is often a mix of causes, including negligence on the part of both the motorcycle rider and others. The law in this area in flexible in that it accounts for comparative fault. Therefore, just because a driver was not entirely blameless does not necessarily mean that they cannot recover something for the damages that they sustained.

For these reasons, if you are ever involved in one of these accidents in our area it is important to visit with a West Palm Beach motorcycle attorney like Eric Luckman to learn about your legal rights. Attorney Luckman is one of the very few lawyers in our state who have been Board Certified in Civil Trial Law by the Florida State Bar. His qualifications and experience make him the ideal choice to act as your advocate when dealing with the legal system following an accident on the road.

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Palm Beach Family Sues Florida Department of Juvenile Justice

Fri, 16 Mar 2012 10:52:46 -0500

Just a few months ago, our West Palm Beach injury lawyer brought you the story of the tragic death of 18-year-old Eric Perez, a young man who died last July while in the custody of a local juvenile detention center. This week, according to an article in the Orlando Sentinel, the parents of the teen announced their plans to file a Palm Beach wrongful death suit against the Florida Department of Juvenile Justice ("DJJ"). This news comes on the heels of the grand jury announcing that its decision not to file charges against the officers who were on duty at the time of Perez's death. The grand jury's report did excoriate the officers for their failure to call for medical assistance for Perez in the hours leading up to his death but failed to find that their actions - or lack thereof - warranted criminal charges.

An attorney for Perez's mother and father, Maritza Perez and Placido Ventura, said that he had planned to file the complaint on March 16 but that he was now planning to wait until after a meeting with the DJJ. It is not clear when that event will take place, and a spokesman for the DJJ declined to comment on the purpose of the meeting.

When our Palm Beach negligence lawyer first shared this story, relatively little was known about what happened the night that Perez died. At that time, reporters knew that Perez, who was celebrating his 18th birthday the evening before he died, was observed around 1:30 in the morning. He appeared to be suffering from some kind of delusion or hallucination, and he became sick to his stomach. However, no medical attention was sought. Instead, a guard gave Perez a soda and sent him back to bed. No one called for a doctor until the following morning when they found Perez, but by that time, it was too late. Perez was pronounced dead around 8:00 the morning after his 18th birthday.

Now that several months have passed since the investigation into Perez's death began, a clearer picture has begun to emerge. An attorney who is representing Perez's parents told reporters that the family plans to present testimony from a neurosurgeon in order to establish that the death was caused by a cerebral hemorrhage. It is their contention that the hemorrhage was the result of Perez being dropped on his head by guards during an attempt to punish him for sneaking a snack to his room. Security video from that time period shows that the guards did indeed drop him on his head. In addition to causing the hemorrhage by dropping him on his head, the family will also maintain that in spite of his injuries, Perez could have survived if guards had only paid enough attention to him to realize that he was very ill and in need of immediate medical attention. If there had either been a doctor on site or one who was on call, Perez might very well still be alive today.

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Boynton Beach Woman Recovering After Being Hit by Her Own Car

Fri, 09 Mar 2012 13:46:50 -0500

Our Boynton Beach personal injury lawyer was alarmed to hear about a devastating injury suffered by an 82-year-old area woman this week. Gilda Grocco Bartlett, of Boynton Beach, drove her car out to her mailbox on the morning of March 9 to pick up her mail. According to an article in the Palm Beach Post, Ms. Bartlett stopped, put her vehicle in park and climbed out to walk to the mailbox. After she exited the car, the gears apparently slipped back into reverse, and the vehicle began to move backwards. Unable to get out of its path, Ms. Bartlett was struck by the open driver's side door of her own vehicle. She was then dragged for approximately 30 feet before she was able to get free of the car. Even after striking and dragging the victim, the car continued to move backwards in circles at about 10 or 15 miles per hour. A rescue firefighter who arrived on the scene, Jody Marlow, tried to jump into the vehicle in an effort o stop it, but was unable to do so. Marlow was injured in the attempt, though the injuries were not serious. Police were finally able to bring the runaway car to a stop by placing a patrol car in its path. Gilda Bartlett was taken to Delray Medical Center, where she is reportedly in serious but stable condition.

This news report raises some interesting questions for our Palm Beach County product liability lawyer. The first and most obvious issue here is determining what actually went wrong with the car. If Ms. Bartlett just failed to properly put the vehicle in park before she got out, that is one thing; but if the vehicle failed to engage correctly when put into park, that is another story entirely. When dealing with any kind of mass-marketed product, there is always a good chance that where there is a defect in one, there may be a defect in many. This is true because these kinds of goods, including cars, are manufactured in an assembly line. If there is a problem with the manufacturing of the vehicle, it is usually in one specific area of the assembly process, and it can occur over and over again.

Therefore, when dealing with a situation like this one that involves a product like a car, it is best to investigate it fully to determine whether the incident was isolated or whether it might be the result of a defect that could affect many other vehicles. Our Boynton Beach injury attorney knows how important it is to follow up on possible manufacturing defects in order to ensure that any widespread issues can be resolved before anyone else gets hurt. Sometimes, victims simply get overwhelmed by their injuries and don't know where to start, so it is good to turn to a lawyer with experience in these types of situations to help get the ball rolling, as well as to make sure that the victims' rights are fully protected.

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Tragic Florida Carbon Monoxide Accident Is Reminder to Take Precautions

Fri, 02 Mar 2012 14:29:53 -0500

Our Palm Beach County injury attorney was saddened to hear about an elderly couple from Boca Raton who passed away in their home this week as the apparent result of carbon monoxide poisoning. The couple, whose names have not yet been released to the media, were in their 70s. Some friends of the couple came to their home to pick them up and drive them to the airport. Because the couple had a plane to catch and should have been ready to go, the friends quickly became alarmed when no one answered the door. Fearing that something was terribly wrong, they first attempted to trip the alarm in the home and then called police. According to the Palm Beach post, when police and fire rescue crews arrived on the scene and entered the home, they discovered the bodies of the two residents. They had apparently been dead for several days, and the carbon monoxide levels in the house were very high.

Stories like this one are always particularly difficult to accept because carbon monoxide poisoning can so easily be prevented. Carbon monoxide is a gas that cannot be seen or smelled. Therefore, a room could be filling up with carbon monoxide without anyone realizing it until it is too late. If the leak is slow enough, there may be some warning ahead of time in the form of headache, dizziness, nausea, and even disorientation or confusion. Having a carbon monoxide detector in your home is the ideal way to prevent poisoning. Carbon monoxide detectors are commercially available and relatively inexpensive, and they can be used to warn residents if carbon monoxide reaches an unsafe level in the home. It is, of course, important to test these detectors regularly and remember to replace the batteries.

Our Palm Beach carbon monoxide poisoning lawyer knows that in Florida, not all buildings are required by law to have carbon monoxide detectors. As with most safety regulations and precautions, homeowners are free to decide whether or not to install detectors in their own houses, and there is no law that specifically states that landlords must place one in every apartment. There is, however, a Florida carbon monoxide law that requires buildings that have carbon monoxide poisoning risks and that undertake any new construction after July 1, 2008 to have a detector within 10 feet of any room used for sleeping purposes. In hotels, this means that the detectors can be placed in the hallways, rather than having one in every room. In apartment buildings, however, there should probably be one in each apartment.

Florida residents should speak to their landlords about whether they have detectors and how best to maintain them in proper working order. Even if a building has not had any new construction since 2008, residents can still speak to their landlords or property managers about whether the building's fuel system puts it at risk for carbon monoxide leaks and ask them to install detectors to ensure resident safety. Of course, even if the landlord or manager refuses to install detectors, residents are still free to purchase and install their own. Considering the risk, it is often a sensible decision.

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Jury Awards $1.26 Million to Florida Dog Bite Victim

Fri, 24 Feb 2012 15:59:35 -0500

A Florida jury sent a powerful message to dog owners this week when it awarded Marie Tatman $1.26 million in compensation for a vicious Florida dog bite injury Tatman suffered in 2007. The attack occurred at Wickham Park in Melbourne, Florida, where the victim's daughter had entered her own dog in a dog show. According to an article by Florida Today, Tatman's lawyer said that the attack was unprovoked and that it occurred when his client was walking past the dog, an Akita. The dog grabbed her ankle in his mouth and bit down, crushing the bones in his teeth.

The dog's owner claimed that the attack had been provoked by Tatman tripping over her dog, but the jury did not believe that version of events, probably in part because of the Akita's violent history. The dog had previously bitten at least three other people, and owners had been told that he should not be put back into a home. However, his life was spared on the condition that he spend the rest of his life in a rural setting, away from people.

Our Palm Beach injury attorneys has explained to clients that under the Florida dog bite statute, dog owners are strictly liable for any injuries or harm caused by their pets. However, the statute does allow a jury to consider contributory negligence. According to the language of the statute, "any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident." In other words, the amount of money that the owner will have to pay the victim will be reduced if the victim was partially at fault for the dog biting him or her. This could happen if the victim somehow provoked the dog, either purposefully or negligently, such as when someone taunts or threatens a dog or steps on its tail. Because dogs do respond to certain things out of instinct, a court that is hearing a Florida dog bite lawsuit will take these issues into consideration in determining how much responsibility really lies with the owner.

However, depending on the evidence, these cases can result in substantial awards for those urt. In the case, the $1.26 million verdict will help Marie Tatman and her husband pay for many of the expenses that they have incurred because of the attack. Tatman's ankle was so badly mangled that she nearly lost her left foot, and even after five surgeries, her left leg is still about three inches shorter than her right leg. In addition to the medical bills incurred during treatment for the injuries, she will have to pay for custom made shoes to accommodate the difference in the lengths of her legs for the rest of her life. She also has other permanent mobility issues that will require her to use a walker to get around. More than anything, though, the verdict will allow Tatman to put the responsibility for what happened to her with the dog's owner and move on from this very difficult and painful chapter of her life.

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$3.3 Million Verdict for Wrongful Detainment

Fri, 17 Feb 2012 09:46:46 -0500

A 2008 incident that started out as a routine trip to the bank for a Miami man but quickly turned into a terrifying nightmare has resulted in a $3.3 million jury award. According to the Miami Herald, on July 3, 2008, Rodolfo Valladeres walked into a Bank of America to cash a check for $100. The bank teller, thinking that Valladeres was there to rob the bank, triggered a silent alarm to alert police. Minutes later, local police descended upon the bank, rushed inside, and ordered everyone to the ground. They then grabbed Valladeres and forced him to the floor, where he was handcuffed and even kicked in the head. It took bank employees and police several minutes before they realized that they had the wrong man.

Around the same time, Miami police had alerted area banks about another man who was a suspect in several robberies. The man, whose image had been captured on surveillance videos at other banks, was also Hispanic, but he was about fifteen to twenty years older than Valladeres and weighed about 55 pounds less. Valladeres happened to be wearing a Miami Heat hat, as was the suspect in the surveillance video. However, according to Valladeres' attorney, it was not even the same design.

In court, Valladeres' attorney argued that the reason for the mistaken identity was that Bank of America did not require its employees to keep photographs of suspected bank robbers at their individual teller stations. Instead, bank tellers were shown the photograph of the robber and had to try to remember the face throughout the day. If the teller who triggered the silent alarm had a picture of the actual robber nearby, she likely would have realized that it was not the same man. Valladeres would have been able to cash his check and go about his business.

This situation involves a range of unique Florida civil law principles.

Florida false imprisonment law provided Valladeres with a cause of action in this case. False imprisonment generally refers to situations when one is held against their will--even for a short time. While it may sound like it refers to police detainment, in most cases it does not. In fact, it is often difficult to win a suit against law enforcement officers of this kind. Instead, most false imprisonment suits involve being detained by private individuals or businesses. In this case, the man sued Bank of America for their negligent behavior in incorrectly identifying him as the robbery suspect which led to the situation.

Since the incident, Valladeres has suffered from headaches and blurred vision, as well as emotional problems resulting from the trauma of being tackled and handcuffed by police. Although those injuries were inflicted by the police, our Palm Beach injury lawyer knows that Florida negligence law allows him to hold Bank of America responsible because the injuries were a direct and foreseeable result of the bank's mistake.

As with any kind of Florida personal injury lawsuit, Valladeres and his attorney are hopeful that the jury's verdict will send a message to banks and other private businesses to always be absolutely positive that they have the right person before subjecting them to the pain, trauma, and humiliation of being arrested. No one should have to endure what Valladeres went through that day. The verdict in this case will go a long way towards ensuring that the same kind of thing does not happen to others in our area.

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Product Recall Alert: Pfizer Birth Control Pills Recalled

Fri, 10 Feb 2012 12:41:48 -0500

Our West Palm Beach injury lawyer brings you this story with the hope that you will pass it on to any friends and family that may be affected. Last week, prescription drug manufacturing giant Pfizer issued a recall for approximately 1 million packages of a birth control pill labeled as Lo/Ovral-28 and its generic version called Norgestrel. The company cited a problem with the packaging of the pills, which may result in the incorrect type of pill being taken on any given day throughout the cycle.

The pills are distributed in a package of 28, and women are instructed to take one pill at the same time every day, with the final week of each cycle consisting of inert pills. The active pills are most often employed to prevent the user from becoming pregnant, but they also have other uses, such as the regulation of hormones for some women. Pfizer has stated that some of the recalled packages may contain inert pills labeled as active pills or inert pills placed in the wrong position in the cycle. They also may contain extra pills. Any one of these scenarios could cause women to believe they are protected when they are not, which could result in higher numbers of unplanned pregnancies. Although the company believes that only about 30 packages were affected by the errors, they recalled about a million packages just to be on the safe side.

The issue was discovered in October of last year by a woman who noticed that the color-coded pills were not where they should be in her pill pack. In order to make it easier for women to remember to take the correct pill on the correct day, Pfizer makes the inert pills pink and the active pills white. When the woman noticed that there was a pink pill where there should have been a white one, she alerted the company, and an investigation was immediately initiated. The investigation uncovered some production problems that caused the packaging errors, and the company has taken steps to correct them.

The company and the U.S. Food and Drug Administration have stated that no cases of unplanned pregnancy or other issues related to the recalled birth control pills have been reported thus far, but the recent recall may help any affected women to realize what went wrong with their birth control use. Because these particular types of drugs were prescribed to tens of thousands of women all across the United States over the last year, Florida women could very well be among those who purchased the recalled packages. Women should talk to their doctors right away if they think they may have taken these pills, and those who were affected in our area should consult a Boynton Beach drug recall lawyer immediately in order to determine whether their use of the defective pills gives rise to a claim against Pfizer. The lot numbers of the recalled packages, as well as instructions for what to do if you received one of them, are available on Pfizer's website.

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New England Fertilizer Company Explosion Injures Worker

Thu, 02 Feb 2012 13:20:17 -0500

A very scary situation developed at a waste treatment plant operated by New England Fertilizer Company ("NEFCO") last week when a large explosion sent shrapnel and debris flying through the air. According to the Palm Beach Post, at the time of the explosion there were a total of three employees working on the site. One worker, a man named Matt Eggley who has been employed by NEFCO as a chief operator for about a year and a half, was injured in the blast. He was taken to a local hospital where he is being treated for his injuries; fortunately, doctors expect him to make a full recovery.

In the aftermath of the blast, police and other investigators are trying to determine what caused the plant explosion. The waste treatment plant where the incident occurred is a plant that takes byproducts from waste water treatment plants and processes it into a form that can be used in the manufacture of plant fertilizer. Eggley and the other two employees who were on-site were performing a routine maintenance and cleaning procedure, but authorities have yet to determine whether that procedure was a contributing factor in the explosion.

As our Boynton Beach personal injury attorney has learned from years of experience with many different accident cases, injuries caused by situations like this one can be some of the most difficult to deal with because it is so difficult to understand why they happened. When someone is injured, he or she often feels a sense of unfairness and questions why it had to be him or her. This can happen even with common situations, such as car accident injuries. in cases like Matt Eggley's, where a workplace injury occurs unexpectedly and without an apparent cause, it can be even more difficult to understand. Victims often suffer from emotional distress after accidents like this one because they have to learn to cope with senseless injuries that they, naturally, feel should not have happened.

Our Palm Beach injury attorney understands that it will take some time for the authorities to complete their investigation and figure out what caused the explosion. Hopefully, the source can be determined and precautions can be taken to ensure that this does not occur in the future. However, in cases like this one, even if the cause cannot be precisely defined, plaintiffs like Matt Eggley do still have options.

Under Florida negligence law, courts will allow what's called a presumption of negligence in a case using the doctrine of res ipsa loquitur. Res ipsa loquitur is a Latin phrase that means "the thing speaks for itself." The idea behind it is that certain things simply do not happen without negligence, so even if the exact nature of the negligence cannot be identified, the very fact that the incident occurred shows that there was negligence. Defendants still have an opportunity to refute the claim of negligence, but the presumption makes it easier for a plaintiff to get compensation for his or her injuries and also makes it more difficult for businesses to avoid liability on a technicality.

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