Florida Personal Injury Lawyer Blog

Published on: August 3, 2022

What You Need to Know About Suing after a Florida Airbnb Injury

South Florida Airbnb injury lawyer Airbnb is a household name – a wildly popular online platform for parties arranging vacation stays or experiences. According to insurance comparison site The Zebra, Airbnb has nearly 6 million active listings worldwide, operating in at least 100,000 cities with over 1 billion guests staying at these properties. But what happens if you suffer a Florida Airbnb injury? As our Naples personal injury lawyers can explain, there are some unique aspects of these cases, so it’s important to discuss your rights with a civil trial lawyer who practices in the region where the accident or injury occurred. If you’re hurt in a Florida Airbnb injury, you should be consulting with a Florida injury lawyer.

Recently, a Florida man filed a federal lawsuit in the U.S. District for the Northern District of Georgia against the California-based Airbnb and a pair of its hosts after the man was injured while riding a tree swing on the property. According to Law.com, the man’s premises liability lawsuit alleges the property owners bear responsibility for the property’s maintenance – and that includes the tire swing on site. The property owners installed the tire swing and maintained it, and it was advertised on Airbnb as an amenity that business invitees were enticed to use. Yet, that swing was in “unreasonably dangerous condition,” according to the plaintiff. According to the complaint, the tree limb to which the swing was attached was rotten, fragile, and otherwise incapable of supporting the weight of an adult person. Plaintiff, unaware of this, was using the swing when the branch from which it hung broke, causing him to fall “violently” to the ground, suffering injury to his leg, knee and back. He’s seeking more than $100,000 in compensation for his injuries.

There have been many other reported incidents of Airbnb injuries in recent years. Among these:

A 35-year-old Canadian woman died of carbon monoxide poisoning at a Taiwanese Airbnb. The company offered her family $2 million to settle (denying liability by calling it a “humanitarian gesture”), but her family opted to continue with their wrongful death lawsuit.
A 37-year-old California man suffered a spinal injury after falling into a pool at an Airbnb home in Cancun.
Two teens were killed and several injured at a party thrown at an Airbnb-rented property in Pennsylvania. The incident prompted Airbnb to make permanent its ban on parties at Airbnb rentals (initially a public safety measure at the start of the pandemic).

As property owners making a profit off guest stays at their home, Airbnb hosts are going to be held to a higher legal standard than your typical homeowners. They’ll be viewed more in line with business owners. In Florida, business invitees to a property (those invited for the financial benefit of the property owner) are owed the highest duty of care. That means property owners must take care to regularly inspect the property and address any known or foreseeable safety issues. If such issues aren’t addressed right away, they have a duty to adequately warn guests of a potential hazard. Naples injury lawyer

When someone suffers a Florida Airbnb injury, they may be entitled to collect damages under Airbnb’s Host Protection Insurance. This plan automatically provides Airbnb hosts with $1 million in coverage in the event a guest is hurt while they’re staying at an Airbnb host’s site. Host liability covers hosts if they’re found legally responsible for bodily injury to guests or others. It generally doesn’t cover damages for things like: Continue reading

Published on: July 22, 2022

Navigating the Complexities of Florida Truck Accident Claims

by Leland Garvin

South Florida truck accident lawyer Large truck accidents, frequently resulting in substantial property damage, serious injuries, and fatalities, have a unique set of complicated insurance and liability issues. In fact, collecting financial damages following a Florida truck accident can be much more complicated than a basic car crash crash.

In a single recent year, the U.S. Department of Transportation reported more than 4,100 people died in large truck crashes nationally. Of those, nearly 70 percent were people in other vehicles. Another 15 percent were pedestrians, bicyclists, or motorcyclists. The number of people killed in large truck crashes rose more than 30 percent just from 2009 to 2019.

After a commercial truck accident, it’s imperative to work with an injury lawyer who has extensive experience handling these types of claims. The reality is that pursuing any claim for personal injuries can become complicated rather quickly, but crashes involving commercial vehicles are often even more complex. Continue reading

Published on: July 14, 2022

$420k Verdict Against UIM Insurer for Florida Car Accident Neck Injuries

by Leland Garvin

In late last year, a jury awarded $420,000 to a man who at 17 suffered permanent neck injuries in a South Florida car accident. The case is noteworthy for the fact that it went to trial (more than 212,000 Florida car accident injuries are reported annually, but most claims are settled long before a trial), as well as for the fact it was against the victim’s own insurance company. It illustrates the fact that just because you’re a good customer doesn’t mean your auto insurance company is going to make the claims process easy for you – especially when the stakes are high.

Specifically at issue was something called underinsured motorist (UIM) coverage.

What is Underinsured Motorist Coverage?

Published on: July 8, 2022

Florida Premises Liability Law Allows Special Protections for Children, Even Trespassers

by Leland Garvin

Florida premises liability law places certain legal responsibilities on property owners to use reasonable care in protecting lawful guests from foreseeable dangers. Trespassers, however, are given very few protections, aside from the duty to avoid willful harm. The primary exception, as our Fort Myers child injury lawyers can explain, is with regard to young children.

It’s called the “attractive nuisance doctrine.” Although trespassers have no right to expect landowners to maintain a safe property on which they can trespass, it’s different for young children. Unlike adults, it’s understood small kids lack the ability to perceive danger or make reasonable judgments about how to protect themselves. Therefore, if there is something dangerous on site that might be interesting to curious youths, landowners have a responsibility to take measures to keep them out and protect them from their own misjudgment.

As noted in the 1990 Florida Supreme Court case of Martinello v. B&P USA Inc., attractive nuisance isn’t a separate cause of action or theory of liability. Instead, it’s a doctrine that imposes a duty on the landowner or occupant to trespassing children that otherwise wouldn’t exist under circumstances of non-liability to trespassers. The exception is spelled out in F.S. 768.075. Continue reading

Published on: June 30, 2022

Fort Myers Injury Lawyer Discusses Hospital Bill Lien Reduction Strategies

by Leland Garvin

Fort Myers injury lawyer One of the most difficult aspects of recovery from an extended illness or serious injury is the mounting hospital bills. If one’s poor medical condition was the result of another’s carelessness or negligence, these bills might be covered by the at-fault party’s insurer. When it comes to Florida personal injury litigation, medical bill reimbursement is often a key part of any case. It should be understood by plaintiffs, however, that whatever financial recovery you obtain in a settlement for prior medical expenses must usually be repaid to the health care provider, hospital, or insurer that initially covered them. Those entities will often argue that they have a “lien” on your personal injury settlement or verdict. These bills or liens can quickly become complicated matters, resulting in a great hassle – and a potentially much smaller sum of money in your pocket – if you don’t deal with them promptly and properly. As a Fort Myers injury lawyer, I’m familiar with the nebulous tactics used by both insurers and providers in these situations, as well as the ever-shifting policy and precedent. At the time of publishing the Florida Supreme Court has recently invalidated the Lee Memorial Hospital Lien law.

When you bring forth an injury lawsuit, your attorney has an ethical obligation to put forth reasonable effort to resolve any disputes between you (the client) and any third-party lienholders (most commonly hospitals, insurers, and health care providers). Where disputes can’t be resolved, we may recommend depositing the disputed funds into the court registry while the case continues. Sometimes, these situations drag on long enough to prompt litigation over unfair/deceptive billing practices, unfair debt collection practices, overcharging, etc. Such action, however, should be a last resort. Ideally, you’re working with a competent civil injury lawyer who will help you resolve these outstanding claims as soon as possible so you can move on with your life. It’s one of the reasons we strongly urge potential clients to hire injury lawyers with proven experience in this particular field of law, rather than jack-of-all-trade law offices.

Disputing Unreasonable Hospital Bills

The issue of unreasonable medical billing has become an increasingly relevant issue in Florida and across the country. It’s gotten so bad that some individuals and families actively seek care in foreign countries. However, that isn’t a realistic option for most folks.

Hospital charges often have little connection to the actual internal costs of services – or even the amounts they typically negotiate with insurers. In most cases, even when patients are asked to pay the bills in full as charged, it goes unpaid. However, plaintiffs injured in third-party liability situations are among those that may get charged the full amount of the care they receive.

What works in the favor of my Fort Myers injury lawyer clients is the fact that patients are allowed to challenge hospital charges that are unreasonable. Continue reading

Published on: June 23, 2022

Dangerous Exercise Equipment Can Lead to Serious Injury

by Leland Garvin

dangerous exercise equipment Naples injury lawyer Physical fitness hype – as well as exercise equipment purchases – soared the past few years, as Americans sought ways to get in shape while also spending more time at home. While cardio and lifting are undoubtedly good for your health, it’s worth pointing out that dangerous exercise equipment has been known to lead to serious injury, sometimes leading to regulatory interventions and lawsuits.

As our Naples injury lawyers can explain, the U.S. Consumer Product Safety Commission, which has regulated workout equipment since the 1990s, has in the last two decades issued more than 80 recalls of exercise equipment and collected millions in civil penalties. Some of these cases have been fairly recent. Among them:

A $7.95 million civil penalty against Cybex International, Inc. for failure to immediately report defects of two of its machines: The Arm Curl and Smith Press machines. The CPSC says each created an unreasonable risk of serious injuries. According to the agency, a weld on the Arm Curl machine can fail, causing the handle to unexpectedly separate and strike the user in the face. The company received 85 consumer reports of broken handles and serious injury – including one person who permanently lost their vision. Yet the manufacturer didn’t inform federal safety regulators, as required by law. Same with the more than two dozen reports the company received involving a weight bar on its press machines. Customers had been paralyzed and suffered spinal fractures when impacted by the bar, but the company didn’t issue a recall or even a notice to the CPSC. Eventually, the arm curl machine was recalled in 2015. The press machines were recalled three years later. Now, in addition to the CPSC’s civil penalties, the company – under new ownership – is enrolled in an enhanced safety compliance monitoring program.
A $6.5 million civil penalty against Core Health & Fitness LLC for failure to immediately report a defect creating an unreasonable risk of serious injury involving its Dual Adjustable Pulley Machines and Cable Cross Over Machines. According to federal product safety regulators, the fitness equipment manufacturer knew that the height-adjusting carriages on its machines had the ability to loosen and fall, potentially causing serious injury risk. The company had fielded 55 user injury reports pertaining to this issue – including nearly a dozen that resulted in lacerations to the head, some requiring staples or stitches. Yet the company didn’t turn this information over to safety officials, as required by law.
The popular Peloton Tread+ was recalled by the company last spring after the CPSC issued a warning following numerous instances where small children (and one pet) were injured after being trapped, pinned, and pulled under the rear roller of the machine. At the time of that warning, there were at least 39 incidents of it happening – and one child’s death. Consumers using the product in a home with children were urged to immediately stop using the device. Further, all objects – including exercise balls and other equipment – were urged to be kept away from the treadmills.

These are just a few of the recently-reported exercise accident incidents, injuries caused by dangerous or malfunctioning workout equipment are nothing new.

Who is Liable for Dangerous Exercise Equipment Injuries?

Published on: June 15, 2022

Prevent a Florida Car Accident With These Summer Road Trip Driving Tips

by Leland Garvin

South Florida car accident lawyer Annual road trips are a summer tradition for many families, with much flocking south to Florida for our world-renowned beaches, boating, sunshine, and theme parks. Last year alone, Florida welcomed approximately 122 million visitors – and that’s not including residents who traveled from one corner of the state to another on a “staycation.” It’s our sincere hope that every tourist and traveler enjoys a safe, fun-filled visit to the Sunshine State. However, for many reasons, summer is inextricably linked to increased odds of involvement in a Florida car accident.

The Insurance Institute of Highway Safety reports a higher accident risk throughout the country from June through August. Traffic deaths are 30 times more likely in the summer than during other seasons.

Given that summer road trips – and particularly Florida roads in the summertime – have some unique dangers, our Florida car accident attorneys are offering some insight on what those are, and tips for avoiding them.

Road Risks Specific to Summer

When it comes to summertime travel, there are a few risk factors that increase the likelihood of a crash.

Those include:

More teen drivers on the road. This isn’t Florida-specific. With more teens out of school for the summer, more are on the roads – driving to their part-time jobs, helping their families run errands, and visiting friends. AAA reports teen drivers 16-17 are three times more likely to be involved in a deadly crash compared to older drivers, and the 100 days between Memorial Day and Labor Day are among the deadliest. Teen drivers are not only inexperienced, they tend to be more easily distracted and risk-prone when it comes to speeding, racing, and other aggressive driving maneuvers. They’re also less likely to buckle up. (Check out our recent blog on the Seat Belt Defense and how it can impact your South Florida car accident case.)
Holiday binge drinking. In general, more people are out and about during the summer months. Memorial Day, Juneteenth, Father’s Day, the 4th of July, Labor Day – all of these tend to be associated with backyard cookouts, beach days, boating – and booze. Alcohol can impair judgment and increase risk-taking behaviors. The four deadliest holidays on the road are all during the summer: Memorial Day, Labor Day, Independence Day, and Father’s Day.

Road Risks Specific to Florida

In addition to the typical risks of summertime driving, there are a few areas of concern specific to drivers in Florida. Among these: Continue reading

Published on: June 8, 2022

Can I Sue for a Florida Construction Accident Injury?

by Leland Garvin

South Florida construction accident lawyer As far as workplaces go, construction sites are among the most precarious. The U.S. Bureau of Labor Statistics reports that of the more than 300 workers who died on-the-job in Florida in a single recent year, the private construction industry had the highest number, accounting for 91 percent of those. The risk of a Florida construction accident is heightened when work is done at significant heights, next to a busy roadway, down in trenches, and with toxic materials, hazardous chemicals, and live electricity. The number of workers who survive – albeit with serious injuries – is even higher.

Among recent incidents of construction accident injury in Florida:

A 35-year-old construction worker was killed in Orange County when he was struck by a moving vehicle in a roadway construction zone.
A 27-year-old construction worker was killed in Lake County when the walls of a freshly-dug trench for a road-widening project collapsed in on him. It reportedly took crews 10 hours to recover his body.
A 43-year-old construction worker was killed in Miami-Dade County when heavy equipment fell on top of him. His widow gave birth to their second child just one week later.

As our Fort Myers construction injury lawyers can explain, it is possible for workers injured in Florida construction accidents to sue. However, most cases are typically third-party liability lawsuits as opposed to direct lawsuits against an employer. That’s because Florida workers’ compensation laws – F.S. 440.11, in particular – holds that no-fault workers’ compensation coverage is the exclusive remedy for injury claims an employee may have against an employer. There are, however, some exceptions and (more commonly) situations where third parties are liable.

Legal Options After Florida Construction Accident Injury

Published on: June 2, 2022

Naples Car Accident Claims and the Permanent Injury Threshold

by Leland Garvin

Naples car accident lawyer If you are considering filing a Naples car accident claim for injury damages, it’s important to understand Florida’s permanent injury threshold.

Essentially, because Florida (for the foreseeable future) is a no-fault state when it comes to car accident injury claims, most registered vehicles must be covered by personal injury protection (PIP) insurance. This pays the insured up to $10,000 for medical bills and lost wages – regardless of who caused the crash. The only way most people injured in a crash can step outside of that no-fault system and successfully sue a negligent driver for non-economic damages like pain, suffering, mental anguish, and inconvenience is to establish injury in accordance with Florida’s serious injury threshold.

As our Southwest Florida car accident lawyers can explain, the serious injury threshold is set forth in F.S. 627.737(2) and requires proof that the crash caused:

Significant and permanent loss of an important bodily function.
Permanent injury (within a reasonable degree of medical probability).
Significant and permanent scarring or disfigurement.
Death.

These injuries must be directly related to the crash caused by the defendant.

The kinds of injuries that generally meet the criteria will be things like broken bones, traumatic brain injuries, internal organ damage, significant facial fractures and scarring, spinal cord injuries, and death. However, this is not an exhaustive list, and the insurance company does not have the final word on what is “significant” or “permanent.” Their goal is always going to be to minimize your damages and mitigate their own liability. You should always consult with an experienced injury attorney before agreeing to any insurance adjuster payout. Continue reading

Published on: May 25, 2022

Fort Myers Bike Injury Lawyer Explains Your Legal Rights After a Crash

by Leland Garvin

May is National Bike Month, promoted by the League of American Bicyclists to showcase the many health and environmental benefits of biking – and encourage more people to give it a try. Here in Florida, though, bicycling is not without risk. As a Fort Myers bike injury lawyer, I’ve worked with many cyclists (and sometimes their surviving family members) in the pursuit of compensation from careless, at-fault drivers.

Although Florida bicycle law recognizes the right of bicyclists to share the road like any other vehicle, motorists often fail to give them the same courtesy and respect as other road users. They fail to watch out for them, slow down for them, or give them the required three-foot distance when passing. Whereas bicyclists account for about 2 percent of the nation’s traffic deaths, the rate is more than double that in Florida.

Florida consistently ranks as the deadliest state in the country for bicyclists. Nearly 50,000 were injured and more than 780 were killed nationally in a single, recent year. That same year, Florida reported 125 bicycle deaths – 16 percent of the nation’s total. The Cape Coral-Fort Myers metro region has repeatedly ranked No. 1 most dangerous for cyclists.

Although coastal communities like Sanibel-Captiva are extremely popular for cyclists in South Florida, it tends to be areas in Fort Myers, Lehigh Acres, and Cape Coral – with lagging bicycle infrastructure – that see the highest bike accident and injury rates.

The most serious bicycle accidents are almost always those that involve motor vehicles. Bicyclists, like pedestrians, are vulnerable road users who face the greatest harm in these collisions – regardless of fault – simply by virtue of the size disparity and lack of protection between the person and the pavement.