South Florida Injury Attorneys Blog

October 23, 2017

Child Injury Accidents

Last Saturday was busy. I had spent the week working on a particularly difficult case, so I admit I was exhausted to start with. The weekend brought the usual barrage of errands and soccer games, lost cleats and lack of parking, and I very soon found myself close to the end of my proverbial rope. Getting out of the car, I dropped my keys, wallet, water bottle, and extra shirt, causing me to let out a string of expletives usually reserved for private moments away from my kids. In the midst of the chaos, my young daughter came over and put her hand on my face. “It’s ok, Daddy. I’ll help.” And my world was right again.

For parents, children are literally the center of our universe. We exalt in their highs and sympathize with their lows. We beam with pride over their smallest accomplishments and spend sleepless nights worrying about their future. We attend their sporting events and school activities, and we work hard to make sure they are happy, healthy, and that they have the best lives possible.

Most importantly, we strive to protect them and to keep them safe.

October 18, 2017

Delray Beach Rollerblade Injury Case Dismissed

by Frankl Kominsky Injury Lawyers

Earlier this month, the District Court of Appeal for the Fourth Circuit issued an opinion in a Florida premises liability case illustrating the difficulties some plaintiffs have when pursuing claims arising from injuries sustained while engaging in recreational activity on another party’s property. The case presented the court with the opportunity to clarify seemingly confusing language in the state’s recreational-use statute. Ultimately, the court resolved the issue in favor of the government defendant, and the plaintiff’s case was dismissed.

The Facts of the Case

The plaintiff was rollerblading on a street in Delray Beach when he ran into a pothole and fell. He sustained serious injuries in the fall and subsequently filed a premises liability lawsuit against the city. The plaintiff claimed that the city failed to safely maintain the public roadway.

The city claimed that the plaintiff was rollerblading in an area where he was not permitted to do so and that the city should not be held liable. Furthermore, the city pointed to the state’s recreational use statute, which provided immunity to landowners when someone is injured while rollerblading.

October 5, 2017

Motorcycle Accidents

by Frankl Kominsky Injury Lawyers

I was twelve when I first rode a motorcycle. It was just a small dirt bike that belonged to an acquaintance, but riding it gave me an incredible sense of freedom. Like many people, I wistfully remember that bike and the joy it gave me.

I still have numerous friends with motorcycles, and I frequently warn them about the dangers they face on the roadways. As an attorney, I know that that danger doesn’t come from road debris or from faulty bikes. Most accidents involving motorcycles happen not because of any fault of the driver of the motorcycle, but because the drivers of cars don’t see the motorcycle. These drivers change lanes into them, stop suddenly, or take other actions that leave the motorcycle driver unable to avoid an accident.

These are riders doing nothing wrong, but who end up with medical bills, damaged property, and even lost wages thanks to negligence by a driver of a car who simply failed to take due care on the roadway. These drivers need to be held accountable for their actions, and they need to compensate victims for the damage they caused.

September 13, 2017

The Statute of Limitations in Florida Medical Malpractice Lawsuits

by Frankl Kominsky Injury Lawyers

All Florida medical malpractice lawsuits must be filed within a certain amount of time, or the judge overseeing the case will dismiss the plaintiff’s case. Pursuant to Florida Statutes section 95.11(4)(b), Florida medical malpractice cases must be filed within two years “from the time the cause of action is discovered or should have been discovered with the exercise of due diligence.” Notwithstanding the above rule, all Florida medical malpractice cases must be filed within two years of the alleged act of negligence.

Understandably, the inclusion of the phrase “should have been discovered with the exercise of due diligence” can lead to confusion and is often a point of contention in Florida medical malpractice cases. In a recent Florida appellate opinion, the court was tasked with determining whether a plaintiff’s case was filed within the two-year statute of limitations.

The Facts of the Case

The plaintiff had a mammogram performed, the results of which were interpreted by the defendant, a radiologist. The results of the mammogram indicated that there was a nodule in the plaintiff’s body, and the defendant believed that she may have malignant breast cancer. However, the defendant did not tell the plaintiff or her primary care doctor.

September 6, 2017

Maintaining a Healthy Work-Life Balance

by Frankl Kominsky Injury Lawyers

As work-life balance is getting harder to maintain, partly due to the ever-evolving technology that is available to access around the clock, I would like to talk about ways of disconnecting to improve your work habits. Being good at resting is an important component in achieving a well-balanced work-life-schedule.

Unplug. As work day seems to never end, find a suitable time when you are able to shut your phone off and enjoy the moment, whether it’s with your family, friends or pets.
Don’t be a perfectionist. As you get older it’s harder to maintain perfectionist tendencies. It could be very disruptive to your everyday activities.

August 11, 2017

Back to school safety tips to prevent your child from being bullied.

by Frankl Kominsky Injury Lawyers

During the month of August, back to school activities are in full swing. As a parent, my number one priority for my children is to ensure their safety. This is why I would like to talk about bullying.

Bullying can happen anywhere, on the playground, in the classroom, on the school bus, or even online. It’s hard to know what to do when you suspect bullying behavior, however, no one knows your child better than you. Trust them and have a confidence in your instincts. If you think something isn’t right, you are probably correct.

Be active with your children, make your children feel empowered to do something if they see someone being bullied. Empower your children with the knowledge that it is ok to come forward. Children are often reluctant to say something because they feel ashamed, embarrassed or afraid.

August 9, 2017

Florida Court Reverses Defense Jury Verdict Based on Prejudicial and Conflicting Evidentiary Rulings

by Frankl Kominsky Injury Lawyers

Earlier this month, a Florida appellate court issued a written opinion in a personal injury case brought against a woman who developed lung cancer and chronic obstructive pulmonary disease (COPD). The Florida personal injury lawsuit was filed against the manufacturer of the cigarettes to which the woman claimed she became addicted, which subsequently caused her illness. The case required the appellate court to review the evidentiary rulings made by the lower court and determine if they were proper. Ultimately, the court concluded that the rulings below were not proper and necessitated that the plaintiff be granted a new trial.

The Facts of the Case

The plaintiff’s claim against the defendant was that she became addicted to the defendant’s cigarettes and as a result of that addiction developed lung cancer and COPD. During trial, the plaintiff called the pulmonologist who treated her over the years to establish that she was addicted to cigarettes. However, when the defendant objected to the question of whether the pulmonologist thought the plaintiff was addicted to cigarettes, the court sustained the objection, finding that he was not qualified to offer his opinion about any potential addiction.

Later in the trial, when it was the defendant’s turn to cross-examine the pulmonologist, the defense attorney asked whether, in the pulmonologist’s opinion, the plaintiff could have stopped smoking whenever she became “sufficiently motivated to do so.” The plaintiff unsuccessfully objected, and the pulmonologist was permitted to answer in the affirmative.

July 5, 2017

Liability under Florida’s Dangerous Instrumentality Doctrine

by Frankl Kominsky Injury Lawyers

With the tens of thousands of motor vehicle accidents that occur in Florida each year, it is not surprising that a significant number of these accidents involve a vehicle that was loaned to the person who caused the accident. These accidents present interesting legal issues, involving when the owner of the vehicle can be held responsible for the negligent actions of the person to whom they loaned the vehicle. The answer, under Florida law, is almost always.

The dangerous-instrumentality doctrine provides that the owner of a vehicle can be held liable for any injuries caused by an accident that is caused by someone to whom they loan the vehicle. This is irrespective of any negligence on the owner’s part. Thus, as long as an accident victim can show that the owner of a vehicle provided permission to the at-fault party, the owner of the vehicle can be held liable.

However, under section 324.021(9)(b)(3) of the Florida Statutes, Florida law limits an owner’s liability under the dangerous-instrumentality doctrine to $100,000 unless there is a showing that the owner was negligent in loaning the vehicle to the at-fault driver. A recent case illustrates how Florida courts interpret and apply section 324.021(9)(b)(3) to limit an owner’s liability in these situations.

June 14, 2017

Assumption of the Risk in Florida Personal Injury Cases

by Frankl Kominsky Injury Lawyers

When someone is injured while engaging in an activity that they know to be dangerous, sometimes courts will prevent that person from holding other potentially negligent parties liable, based on the doctrine of assumption of the risk. In order for a court to find that a plaintiff assumed the risk of a dangerous activity, the burden is on the defendant to prove that the plaintiff knew of the dangers involved with the activity and willingly decided to proceed, notwithstanding those dangers.

In Florida, courts have limited the application of the assumption of the risk doctrine. Rather than preventing a plaintiff from proceeding with their lawsuit at the outset, Florida courts allow for the jury to factor in the plaintiff’s potential assumption of the risks involved when determining whether the plaintiff was at fault for the accident resulting in his injuries through the doctrine of comparative negligence.

The doctrine of comparative negligence allows for a jury to determine the plaintiff’s own percentage of fault in the accident giving rise to his injuries and then reduce the plaintiff’s total recovery amount by that percent. For example, if a plaintiff was determined to have sustained $5 million in damages but was also found to be 10% responsible for the accident, the plaintiff’s award would be $4.5 million. A recent case illustrates how Florida courts handle a defendant’s claim that the plaintiff assumed the risk of a certain activity.

May 10, 2017

Florida Teen Killed in Drunk Driving Accident, Four Others Injured

by Frankl Kominsky Injury Lawyers

Earlier this month, one Florida teen was killed and four others injured when they were struck by an allegedly drunk driver as they crossed the street after exiting the school bus. According to a local news report covering the tragic accident, the collision occurred in Polk County.

Evidently, the driver of a Kia Rio was driving near Poinciana when he started to learn forward onto the steering wheel. As he did so, the car drifted off the right shoulder and struck the students, who had just recently gotten off the school bus and were walking home. After the initial collision, the driver regained awareness and then left the scene. A motorist who witnessed the accident followed the driver, who eventually crashed into an SUV before coming to a stop.

Authorities arrived on the scene a short time later and believed the man to be under the influence of alcohol. They administered an alcohol-content test, which revealed that the driver’s blood-alcohol content was nearly twice the legal limit. Sadly, one of the boys who was struck by the driver passed away in the hospital later that day. Another teen was admitted to the intensive care unit with a broken orbital bone.