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Florida golf cart accident lawsuitIn a somewhat recently-filed South Florida golf cart accident lawsuit, plaintiffs allege an elderly gentleman died because a reckless driver failed to use reasonable care.

As our Florida golf cart accident lawyers can explain, per F.S. 316.212, golf carts incapable of traveling more than 20 mph aren’t typically allowed to be operated on public roads – unless the roadway has a posted speed limit of 30 mph or less and is specifically designated for golf cart use. Golf carts are allowed to cross portions of a county road intersecting with a road approved for golf carts or a road that intersects a golf course or mobile home park. In any case, the roadway should have posted signs clearly indicating golf cart crossings. Operators of golf carts need not be licensed, but if they’re going to operate on a designated public roadway, they must be at least 14-years-old.

The recent case out of Delray Beach involved an 83-year-old grandfather who died in June after his golf cart was reportedly struck by a car at a crossing near a golf course. The decedent was reportedly crossing South Ocean Boulevard at an intersection with golf cart crossing signs. The Florida golf course accident lawsuit alleges the car driver was speeding, disregarded golf cart warning signs, and improperly passed another vehicle on the road before striking the cart.


According to Palm Beach Daily News, the decedent and his friend had just finished half of their first round of golf and were on their way to the other side of the course – by way of a designated crossing – when they were struck. The posted speed limit on the road is 35 mph. The police reported the defendant driver was traveling somewhere between 45-70-mph at the time of the collision. He reportedly didn’t see the golf cart before it was too late. The cart spun and then flipped. The passenger was pinned underneath, while the decedent was ejected, struck the passenger side of the car and ultimately landed on the road. He later died at the hospital, and is survived by his wife, adult children, and grandchildren.

While the Florida golf cart accident lawsuit is pending in civil court, a state prosecutor declined to press criminal charges. The assistant state attorney said that while the driver was careless behind the wheel, his actions didn’t rise to the level of a criminal offense. Police had initially sought a warrant in the case for vehicular homicide, but the state attorney has prosecutorial discretion. This, of course, underlines a key point in civil litigation, which is that the goals and proof burdens are very different than in criminal court. It isn’t necessary for someone to be charged or convicted in criminal court to prevail in a civil lawsuit. Instead, what is needed is to establish failure to use reasonable care, which is defined as the degree of caution a reasonable person would use in the same or similar circumstances. Continue reading

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Fort Myers car accident lawyerAnother rainy season is just around the corner here for us in Southwest Florida, where an average of 56 inches of rain falls annually. Just as safely navigating snow and ice are critical skills for drivers up north, careful driving in severe thunderstorms is imperative for motorists in South Florida. As a longtime Fort Myers car accident lawyer, over the years I’ve seen too many preventable crashes caused by drivers who failed to use adequate caution during heavy rain.

Although turbulent weather can be cited as a factor in a collision, it doesn’t negate the fault of drivers who operate their vehicles with less care than they should during a downpour.

If you drive in Florida, you owe certain reasonable duties of care to your passengers, other motorists, pedestrians, construction workers, bicyclists and anyone else sharing the road. Drivers are expected to take any and all precautions to drive safely at all times. Reasonable care is expected with regard to every vehicle or person in the foreseeable zone of danger. That means mostly driving at a speed that is reasonable for the amount of traffic on the road, but it also means adjusting one’s speed and driving behavior in accordance with weather conditions.

For example, a driver caught in a sudden rainstorm may be moving at the speed limit but still deemed to be negligently operating their vehicle because of the significantly reduced visibility and increased potential to skid and slide. Continue reading

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Florida boating safety billA Florida boating safety bill targeting illegal boat charters and questionable rental companies is wading its way through the state legislature.

As our Key West boating accident lawyers can explain, careless boat operations are consistently the No. 1 cause of boat accidents and deaths off Florida shores. The Sunshine State has, by far, the most boating accidents, injuries, and fatalities in the country.

In recent years, the U.S. Coast Guard has amplified its warnings and crackdowns on illegal charters. Such operations are problematic because an unlicensed charter may not have:

  • The proper emergency safety, navigation, and communication gear.
  • Undergone the proper license exams and inspections.
  • Adequate insurance to cover damages if there is a boating accident injury or something goes wrong.

Senate Bill 606, also known as the Boating Safety Act of 2022, takes aim at illegal boat rentals and charter operations. Under the bill, violating rules on boating under the influence, unsafe navigation, expired registration, damaging seagrass, and anchoring in prohibited areas would result in higher non-criminal fines (from $50 to $100). Continue reading

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Florida swimming pool injuryHome swimming pools are nearly as common in Florida as alligators (1.2 million versus 1.3 million). Interestingly swimming pools are actually much more dangerous. Florida swimming pool injuries and deaths over the last 20 years far exceeded those caused by alligator attacks. In fact, drowning is the No. 1 cause of death for children under 4, and Florida consistently reports more swimming pool drowning deaths than anywhere else in the nation.

As our Cape Coral injury lawyers can explain, homeowners’ insurance policies often DO cover damages arising from swimming pool injuries. However, that doesn’t mean claims will be easy or straightforward. At the very least, having a knowledgeable injury attorney review the details of the policy can be helpful. Where serious injuries are involved, you don’t want to take your chances trying to negotiate with an insurance company on your own; as we often tell clients, if insurance companies always did the right thing we would be out of a job. These days insurance companies are much more concerned about making a profit for their shareholders than they are concerned about taking care of their policy holders who face lawsuits after a serious injury on their property.

Examples of swimming pool injuries include:

  • Traumatic brain injury. TBI occurs when there is blunt force trauma to the head. In and around swimming pools, TBI typically is the result of falling. Misjudging a dive, running on wet tile, and horseplay are catalysts for falls that can result in a TBI.
  • Electrocution. Electricity and water is a dangerous combo, but there are often many electrical devices near Florida pools. Many devices manufactured these days are designed to be water-resistant with little chance of water contact resulting in a shock. However, pool lights and other equipment – particularly in older pools – have been associated with electrocution dangers in swimming pools. Faulty wiring or defective lighting equipment can cause electrical currents to surge through the water, posing a very dangerous situation for swimmers.
  • Spinal cord injuries. Spinal cord injuries can occur in and around swimming pools most often in diving accidents. They can also be caused in slip-and-fall incidents.
  • Drowning. Drowning is one of the most common – and serious – accidents that can occur in swimming pools. Young children are most often the victims, though adults aren’t immune either. Drowning can occur when pools are not sufficiently secure to prevent kids young enough to swim from entering. Drowning can also befall a strong swimmer if there are electrical currents in the water.

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South Florida injury lawyerAs a longtime Florida car accident lawyer, I’ve come across many individuals who were tricked into believing that if they were involved in a crash, they had nothing to worry about because “I have full coverage.”

Unfortunately, in the auto insurance world, “full coverage” doesn’t go half as far as most people think. And even in situations with decent insurance, it can be a tooth-and-nail battle to compel the insurance company to pay their fair share.

In Florida, people have an especially warped view of how much might be covered because of the fact that we are a no-fault auto insurance state. The (erroneous) presumption is that insurance is going to cover damages, no matter who is at-fault. Although it is true that Florida requires personal injury protection (PIP) coverage of every vehicle owner, some (like motorcyclists) are expressly excluded. Plus, it only covers up to $10,000 in damages – and sometimes even getting them to pay that requires negotiation.

What Exactly Does it Mean to Have “Full Coverage” in Florida?

If you’re involved in a crash with another driver who assures you, “Don’t worry – I’m fully covered,” you shouldn’t assume that everything will be covered and that it’s ok to relax. For one thing, Florida is a no-fault state, meaning you can’t collect damages from the other motorist at all unless your injuries meet the serious injury threshold criteria, outlined in F.S. 627.737. You’d also have to prove the fault of the other driver. Over the years we have learned that insurance companies often don’t do the right thing and fairly pay claims; if they did our law firm would have little purpose and would likely be out of a job.

But beyond that, “full coverage” simply means that one has the bare minimum coverage legally required by Florida law – and that ain’t much. Specifically: Continue reading

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Florida salon injuries lawyerPeople patronize Florida salons and spas with the goal of looking and feeling their best. Operators have a responsibility to follow professional guidelines and best practices and avoid using products or processes that will put their clients at risk of physical harm. Unfortunately, as our Fort Myers injury lawyers can explain, when salon service providers fall short, the outcome can be far worse than a bad haircut. Practitioners are working with dangerous, caustic chemicals, lasers, sharp instruments, and extreme heat/UV lighting. Salon injuries can be the basis for litigation and sizable damage awards.

Examples of salon injuries resulting from salon and spa negligence in Florida can include the following:

  • Burns (chemical, laser, heat, electrical, or wax).
  • Cuts from sheers, nail clipping/filing tools, or scissors.
  • Scalp injuries leading to permanent loss of hair or scarring.
  • Staph and bacterial infections.
  • Eye injuries (as a result of eyebrow and eyelash treatments).
  • Back and neck injuries.
  • Slip-and-fall injuries.

Recently, a South Florida salon injury resulted in a $1.75 million settlement after a cut during a pedicure resulted in a foot injury that ultimately forced doctors to amputate her leg. Continue reading

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Florida concert injuriesDroves of music-lovers flock to concerts and music festivals because they thrive on the rush of shared energy and musical collaboration. But the presence of so many bodies in close proximity can have deadly consequences, as we saw recently at the Travis Scott Astroworld Festival tragedy in Houston, TX. Crowd surge has been cited in the deaths of at least 9 people and the serious injuries of dozens more. Mounting lawsuits against the performer, the venue, and the organizers are asserting negligence resulting in the concert injuries and deaths.

Scott’s performances are known to be marked by rowdiness bordering on danger, and the singer has even been arrested twice in the past for encouraging people to rush the stage in direct defiance of public safety orders. Among the Astroworld injury claims filed so far, plaintiffs accuse Scott of having actively encouraged and fomented dangerous behaviors leading to death and serious injury. A criminal investigation into the deaths is also underway. Although it’s early in the investigation/discovery process, the general consensus by crowd safety experts appears to be that these concert injuries were preventable.

As longtime Florida injury lawyers and wrongful death attorneys, we recognize that while this is one of the most significant concert injury cases in recent memory, it’s sadly far from the first. In fact, previous incidents are precisely why large venues and product companies typically have a long list of stringent safety protocols that must be followed. Most notably, National Fire Protection Association standards have provisions that include things like:

  • One crowd manager per every 250 people – at the very least.
  • Expected occupant loads in excess of 6,000 require a life safety evaluation that assesses safe egress and danger mitigation for large numbers, given expected crowd behaviors, nature of the event/participants, potential severe weather conditions, hazardous materials incidents, medical emergencies, civil disturbances, etc.
  • Emergency Action Plans that include a minimum of 18 different considerations, such as building details, staff training, evacuation procedures, designated staff responsible for emergency duties (and proper training), drills, etc. These EAPs should be approved by the authority having jurisdiction.
  • In areas of assembled occupancies of up to 10,000 square feet, the occupant load shouldn’t exceed one person for every 7 square feet.

It is not immediately clear whether these provisions were followed at Astroworld, but some safety experts have gone on record to opine they likely weren’t. Standing-room only setups are known to be among the most dangerous and deadly crowd configurations at large events. It’s imperative these areas don’t get overpacked and that there are specially-trained crowd managers and medical teams on hand. Throngs of this size are supposed to be constantly monitored by these specialists, and issues promptly and properly addressed before problems pass the point of no return. Continue reading

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Florida nursing home injury lawyerThe potential for serious Florida nursing home injury rises exponentially when facilities are poorly staffed. A recent report from the Florida Health Care Association reveals nursing home staffing shortages have become more problematic than ever over the last year. A survey of long-term care facilities throughout the Sunshine State reveals a stunning 92 percent say they are short-staffed, with 88 percent revealing the problem has gotten worse since 2020.

Almost all responding nursing homes (98 percent) said they’d had to ask staffers to work overtime in the past month. Nearly 75 percent had to bring in temp agency workers to help fill full-time staff shortages. Approximately half have said they’ve cut down on the number of monthly admissions.

Among the nursing home staff positions that have proven hardest to fill:

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Naples injury lawyerTaking legal action is sometimes the best strategy following a Florida injury in a car crash, slip-and-fall, or medical mistake. However, doing so is typically inadvisable without the aid of a Naples injury lawyer. The first step in that process may be something called a “free consultation.”

You may have heard the term, but how much insight/advice is actually included in that? What should you bring to it? What questions should you ask? If you schedule one, are you obligated to hire that lawyer/law firm? Will you actually speak with a lawyer of will the consultation be with a staff member?

The consultation is at no charge to you and a great opportunity for you to glean important information about your rights, what your case may be worth, the possible outcome, and how a lawyer might help you pursue damages. There is no obligation for you to hire that particular attorney during the consultation. In fact, it may be advisable to consult with more than one Naples injury lawyer before deciding which one you ultimately hire (if you hire one at all). It’s a risk-free way to gain a better understanding of your legal options and to make an educated choice about which attorney will be the best fit to help you do it.
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South Florida motorcycle accidents lawyerIn Florida motorcycle accidents, there can be numerous defendants – sometimes including those who weren’t actually behind the wheel. In a recent motorcycle accident lawsuit that settled mid-trial for $1 million, the defendants included the driver as well as the owner of the vehicle, which in this case was the driver’s employer, a commercial cleaning company. They were held responsible by a legal doctrine called vicarious liability.

As our Fort Myers Motorcycle Accident Lawyers can explain, vicarious liability is the legal term for when one party is held responsible for the unlawful actions of another. Vicarious liability is relevant in auto accident cases wherein one party is responsible for/has control over a third party or a type of property.

There are several ways in which third parties can be held vicariously liable for Florida motorcycle accidents. The two applicable in this case are the liabilities imposed on employers and vehicle owners in Florida. Continue reading

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