Costco Escalator Accident – Expert Advice from a Florida Premises Liability Lawyer

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: I was shopping in Costco and while I was going up the escalator, my cart that was full (over 100 pounds) started to roll on me. I fell and hurt my hip and lower back. I was breast feeding my daughter of 2 month and the milk immediately was gone that same day, so in other words lost my milk (the most healthiest thing for a baby). The cart that I had was broken therefore the magnet that was supposed to hold it didn’t and it slid right on me and really hurt me! I ended up going to the hospital and am still to go for other exams. Is this a legitimate case ???

Answer: The answer to your question depends on the law of the state in which you live.  Your email does not indicate what state you are from.  I am a Florida accident lawyer specializing in car accident, Florida personal injury accidents such as slip and fall claims, and workers compensation claims.  Laws vary from state to state, so you should always check with an experienced accident attorney in your area to get more information. You may have a claim against Costco, or possibly the manufacturer or distributor of the grocery cart system, depending on who is responsible for maintaining the system.  Your email doesn’t give full details of how the accident occurred, however, if the cart escalator is supposed to hold the cart in place, and it didn’t, resulting in your injuries, you probably have a claim.

The best advice I can give you is to speak with an experienced injury accident lawyer in your area that specializes in premises liability claims. He or she can advise you what the law is in you area regarding an accident such as yours since they may be different than those for Florida personal injury accidents.

 In Florida personal injury accidents, a store owner such as Costco owes two duties to its customers – maintain the property in a reasonably safe condition, and to warn its customers of dangerous conditions that the customers cannot appreciate themselves. Your email says the cart you had was broken.  Your attorney is going to need more information regarding why you think it was broken.  Other than it starting to roll, what about the cart or magnet was broken?

You should contact an accident injury lawyer soon.  There are many steps your attorney should take now to preserve your claim and maximize its value. The lawyer should notify Costco to find out what types of insurance coverage are available, and more importantly, advise Costco to preserve the cart without alteration so that is can be inspected later to determine what happened during your accident. You should try to obtain photographs of the escalator system, the cart, magnet, and any visible injuries that you may have.

Keep in mind that Costco is a very large company that most likely uses this cart system at many of their stores.  An experienced injury accident lawyer can seek documents from Costco to find out whether other accidents similar to yours have occurred at other stores.

Most accident attorneys specializing in claims such as yours handle the claims on a contingent basis,i.e. their attorneys fee is a percentage of any money they recover for you, and offer a free, no obligation consultation to discuss whether you have a viable case.  So, you have nothing to lose by meeting with an accident lawyer to discuss the claim.  If you went to the hospital and you’re still having problems, I would not hesitate to speak with an accident attorney to at least see whether you have a claim to pursue.  You should do it soon so any attorney you hire has a chance to put Costco on notice of preserving the cart.

If I can help any further with your personal injury question, please do not hesitate to contact me. Good Luck.

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

Another Slip And Fall Case In Walmart – Expert Advice

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: I walked into Walmart with my wife. I was pushing an empty cart and I slipped on some crushed strawberries in front of the check out lines on the tile. Apparently no employees saw me fall, but one saw me on the ground and came over to help. It seems I fell very fluid like, feet first, sliding forward and falling on my back, trying to grab the empty cart for support but it just fell on top of me instead. It looked like the strawberry had already been stepped on. I accidentally said to the employee who came over to help me, "I”m fine, I’m not going to press charges or anything." I wonder if that will impede anything? I felt fine right after the fall, but later started to get soreness in my right shoulder muscle and my left arm was a little sore, too (the one I fell on). I first decided I would fill out an accident report with them, but decided to do it afterward. I got a copy of the report, but the assistant manager didn’t seem at all worried. I asked him what happens next and he said they would give me a call later to see how I was doing. Is it worth doing something about, given Walmart’s dispute reputation? I think it might only be soft tissue problems, but I fell on my back at a restaurant I worked for and thought it was nothing. It turns out I have had minor back problems since then, so I don’t want to just forget about something like this again if this is going to influence my enjoyment of life. Is it worth it to ask for an insurance settlement?

Answer: Your email does not indicate what state you are from.  I am a Florida accident lawyer specializing in car accidents, Florida personal injury accidents such as slips and falls, and workers compensation claims.  Laws vary from state to state, so you should always check with an experienced accident attorney in your area to get more information about your personal injury question.

Your injury situation is one that occurs to many people.  You get injured, but think the injury will go away over time.  Unfortunately, by the time most people realize that their injury is not going to go away, it is sometimes too late to bring a claim.  If you were injured in this accident, even if it just aggravated a prior injury, you should speak to an experienced accident injury lawyer to pursue a claim.

Walmart’s reaction to your claim is not unusual.  Keep in mind that Walmart has hundreds of very large stores in which thousands of shoppers go in and out of every day.  Walmart’s employees deal with accidents like your every day.  Walmart has a very detailed and specific employee handbook on how to deal with claims like yours.  It is a pretty routine procedure for their employees.

However, just because you fell in a Walmart store, does not make Walmart responsible for your injuries.  In Florida personal injury accidents, a store owner such as Walmart owes two duties to its customers – maintain the property in a reasonably safe condition, and to warn its customers of dangerous conditions that the customers cannot appreciate themselves.  In order for a property owner such as Walmart to be responsible for a slip and fall due to food on the floor, the food must have existed on the floor for enough time that Walmart’s employees knew, or should have known, the food was there, i.e. and had a chance to clean it up or at least put out a warning sign letting the customers know of its existence.  The fact that it appeared to you that another person had already stepped on the strawberry is one indication that it might have been there for a while.  Another way to show Walmart should have known of the location and danger of the strawberry on the floor, is that it was sitting within view of the checkout clerks.  You or your attorney will have to explore the facts of your case to see whether Walmart failed to maintain the store as it is required.

I don’t know when your accident happened, but it is best to explore making a claim soon after the accident occurred.  If it occurred near the checkout counter, there may be store videotape that you would want to preserve. Walmart tapes over their store videotape on a regular basis so you need to request the videotape be preserved.  You should also be looking for statements from any witnesses that may have seen you fall.  Their names may be listed on the incident report.

In Florida personal injury accidents, you have four years from the date of the accident to bring a claim.  However, you don’t want to wait that long as witnesses disappear and their memories fade, employee witnesses move on to different jobs, and evidence can be lost.

You should speak with an attorney specializing in slip and fall injury accidents in your area to see whether you should pursue a claim.  Florida has a specific jury instruction for aggravations of pre-existing injuries, so the fact that you had a previous injury should not deter you from pursuing a claim from this accident.  Also, an experienced slip and fall lawyer is going to know the laws in your area and how best to proceed.  Most slip and fall lawyers handle cases on a contingent basis which means if the lawyer does not recover any money for your claim, there is no charge for costs or attorney’s fees. Also, most attorneys offer a free initial consultation, so you have nothing to lose in getting an expert opinion from a lawyer in your area.

Most attorneys that do this accident injury cases have handled cases against Wal Mart before.  Experienced accident injury lawyers know that Wal Mart claims are handled out of Bentonville, AR by inhouse adjusters.  As I mentioned above, they have a very lengthy employee handbook for how their employees are to handle incidents such as yours.  If you want to contact Wal Mart yourself, you need to call them in AR and find the claim #, and the name of the adjustor assigned to handling the case.  BUT – if you’re considering getting an attorney, I would do it before you speak to Wal Mart.

If you are in Florida, please give me a call at 1-866-556-5529. I have been specializing in Florida personal injury accidents claims including slip and fall cases for 16 years.  If you’re in an area other than Florida, I can probably still refer you to an experienced slip and fall attorney in your area. Good Luck.

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

Slip And Fall Injury on Ice – Florida Expert Advice

The following is an expert answer given by Florida Slip And Fall Injury Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question:
I slipped and fell in Greese, NY in 2004. I got out of the van in the street and slipped on a large ice bump from a snow plow. I couldn’t walk for 4 months and was in very bad pain. I went to a dr and he sent me for an mri. I had 2 bulging disks and a chunk out of the 3rd. I was also sent to a nerve dr here in Florida and he said I had bad sciatic nerve damage. I then went to Rochester, NY and the dr there said I WOULD BE able to walk again, but it would never be the same. I would always have to keep it from getting inflamed. It took 3 yrs to walk again with a limp. Now I can walk a little better, but I still have pain and will for the rest of my life. I can only work the most 2 hours without pain. When this happened, I notified Greese and they said I only had 3 weeks to notify them …I live in fl…can I still sue ???

Answer:
The answer to your questions depends on the statute of limitations (SOL) in New York for slip and fall claims, and how New York Courts treat slips and falls on ice.  I specialize in slip and fall cases but I am in Florida. Laws vary from state to state so what happens in a Florida slip and fall injury may not be the case in New York.

The best advice I would give you is do speak with an attorney that specializes in premises liability claims, i.e. slip and falls.  He can advise you what the law is in New York for slip and fall accidents which occur on ice.  In a Florida slip and fall injury, you have four years to bring a claim such as the one you have described.  An experienced accident lawyer in your area could easily tell you what the SOL is, and whether you can still make a claim.

Generally, a landowner owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  I don’t know enough about icy conditions, and problems created by the use of a snow plow, to tell you whether the entity that was using the snow plow should have done something differently that would have eliminated the bump.  But, that would be the issue in making a claim against the City of Greese, or any private company that may handle the snow plows for the City.

In the case of a Florida slip and fall injury, there are also strict requirements for reporting a claim to a governmental agency.  You have more than 3 weeks, but these requirements only apply to property owned by the State, County and Municipal governments. The law in Florida limits the time period you have to notify the governmental agency, and also limits the amount of money you can recover. You should speak to an experienced accident attorney to see what limitations, if any, apply to your claim.

Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. their attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.

For more information about a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

Answers to Common Questions About Filing a Florida Accident Claim

When you’ve been involved in a car accident, many questions come up for consideration. Should you file a claim? What if you can’t afford a lawyer? Having an accident can be traumatic enough without having to search for answers about the legal issues involved. The following list of questions and answers can help you decide on the next step.

1. I can file a claim without a lawyer, right? Technically, yes, you can file a Florida accident claim without going to a lawyer, but talking to an attorney first is usually the best thing to do. Experienced lawyers can help you navigate through the often-complicated laws involving auto accidents and injuries. Attorneys can also help your case by consulting with expert witnesses and researching other important information about your case. Remember that you will be negotiating your claim with an insurance company that employs thousands of attorneys to defend  it against claims like yours, and will spend thousands of dollars investigating your claim.  Insurance companies can access public records to learn information about any accident you have ever been involved in, or when you have sought medical treatment from an accident.  You should speak to a Florida accident lawyer that will fight to maximize your recovery
2. But, I can’t afford to hire a lawyer! Generally, most lawyers will offer your initial consultation free of charge to you. This consultation helps you and your lawyer discuss your accident claim and whether or not you may even have a case. If you do have a case, you stand to get more compensation if you are represented by an attorney. If you hire an attorney who only charges if they win your case, you haven’t lost anything by pursuing it through legal counsel.
3. I need money now, what if I don’t have time to wait for a case to be settled? If you have bills to pay and you are out of work due to the accident or if you have medical bills due to your injuries, it can be tempting to take a settlement offer and move on with your life. But, working with your attorney to get the best possible compensation is worth the wait. Depending on the circumstances involved with the Florida accident claim, some cases can be settled in a few weeks, while some cases need to go to court. Your attorney can help you choose the best option so you can get the most compensation.
4. What if I just talk to the other party and settle out of court? Don’t try it on your own! Insurance companies have become very sophisticated businesses that work to minimize your claim by any means possible.  This includes investigating any prior claims you have made, and evaluating your prior medical records and diagnostic scans such as MRI’s.  It could also include having private investigators take witness statements, and possibly even conducting surveillance video on you.  An experienced Florida accident attorney can also obtain witness statements, take photographs of the property damage and accident scene, and prepare your claim so you can maximize your recovery for new injuries, and even aggravations of pre-existing injuries. Experienced accident attorneys can also find out how other similar claims were resolved in the past. They are skilled in the art of negotiation. They are your best option for getting the amount of compensation you deserve.
5. I think I may have been at fault, what do I do? These days, auto accidents are complicated by many different factors. You might think you were at fault, but maybe the other driver was on their cell phone or texting while driving. Maybe they were driving while impaired by drugs or alcohol. You don’t really know that it was your fault and a good Florida accident claim attorney can help you sort things out so you aren’t left vulnerable if the case goes to court and to a jury.

In the event you are involved in a car accident, take advantage of the free initial consultations that many Florida accident claim lawyers offer. Ask the attorney questions to see how many cases like yours they have handled which will give you a good idea of their exerience. Ask about the results of their cases to see if they have been handled successfully. Ask about the attorney’s payment structure so you know what pursuing the case will cost you. Ask if the lawyer has a Martin-Hubble "AV" rating which rates the attorney’s level of professional excellence. And, keep in mind, you should never feel pressured to hire the attorney during the initial interview.

For more information about filing a Florida accident claim, contact the Florida auto accident lawyers at Joseph M. Maus, P.A.at 1-866-556-5529, visit them online at www.mauslawfirm.com, or email them today.

Florida Personal Injury Accidents – Child Injury – Expert Advice

The following is an expert answer given by Florida Personal Injury Accidents Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Son injured himself in school

Question: My son got injured last week at school. We live in Satellite Beach Fl, and my son goes to school at a magnet school in Cocoa which is at least 30mins away from us. He was in his science class when a girl who had her foot on his stool pulled her foot out and took the stool with her as my son was going to sit on the stool. He fell and hit his head on a table behind him and broke his scalp open. Thankfully, he did not have any major trauma to his skull. The school and the school board have been so unhelpful and quick to absolve themselves from any liability. First while my son was waiting for me to pick him up a roach appeared in the clinic and the nurse ran out of the clinic leaving my son behind alone. Then the principal called my husband and told him that they had "investigated" what happened and said that it was an accident and that no one had pulled the chair out from underneath my son. Now I had to pay out of pocket for my son to be taken care of (I do not have insurance) and when I called for an incident report last Friday, they said they needed to find it and they would call me back. When they did call, I was not available to speak with them so I called them later in the day and they told me that they could not release the accident report because my son did not fill it out. He was not aware that he needed to fill out a report. They also never made us aware of it needing to be done. Now the person that has the authority to release it is not going to be in the office until next week and I am livid that I cannot get that report. What are my options? Thank you.

Answer: Don’t expect to find anything worthwhile in the report.  If the School turns it over to you, it will most likely contain very generic information and will definitely not assign any fault to the school.  At best, it may contain the names of witnesses to the incident that you could speak to in order to find out exactly what happened.  Your options are to investigate the incident more fully to find out what exactly happened, and determine whether the school is responsible for the incident.

Keep in mind, in cases of Florida personal injury accidents, a school is responsible for dangerous conditions which they know about, or should know about, and their failure to protect the children at the school from the dangers.  This could be actual dangerous conditions at the school such as a door that slams too quickly, or an uneven, cracked sidewalk, or it could be a student that continually pulls "pranks" on other students, or a student that bullies other students.  A stool that is pulled out by another student, without any further information or facts, is probably not a dangerous condition that the school would be responsible for.   However, if it is a stool that other people have been injured on, or maybe this other student has a history of doing this to classmates, then maybe there is liability against the school for failing to fix the stool, or failing to discipline or remove the student from the classroom.

Most schools have insurance for the type of incident you have described. Their insurance usually includes "medical payments coverage", or Medpay. Medpay is a type of insurance coverage that pays for medical bills which arise out of an injury that occurs at the school.  Since you have incurred out of pocket medical bills, you should speak to the school to find out whether they have medpay coverage.  If so, you need to submit the bills to the school’s insurance company and you will be reimbursed.

If your son does have a claim, you would not sue right away.   Most Florida personal injury accidents claims get resolved without having to file a lawsuit.  Once your son finishes his medical treatment, your accident lawyer would get the medical records together, photos of the injury, and copies of his medical bills, then submit them to the school, or its insurance company in an effort to settle the claim.  If the school doesn’t settle the claim, then you would have the option of filing a lawsuit.

It sounds like your son’s injury may have healed without any permanent effects.  If it has not, you should consider speaking with a Florida personal injury accidents lawyer as soon as possible. There are many steps your attorney should take now, i.e. notify the insurance company for the school, and find out what types of coverage are available.  There are also statutes of limitations which may apply and preclude you from bringing a claim if you wait too long, particularly if it is a public school.  There are special rules for Florida accident and injury claims which apply to governmental entities such as public schools, including when you have to notify them.  If it is a public school in Florida, there are also other governmental agencies you are required to put on notice of your son’s claim, so it is best to speak with a Florida personal injury accidents lawyer as soon as possible.

Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. the attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.  So it won’t cost you anything to at least speak to an attorney in your area.

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

Checking Office Email on Your PDA? You Might be Owed Overtime Pay Under the Florida Overtime Wage Laws!

Let’s face it – the PDA the office gave you can be both a blessing and a curse! So can your office cell phone or Blackberry, for that matter. While it is great to be able to work from home and access your office information at any time, these devices are "electronic leashes" that can keep you plugged into the company 24/7. There are many employees out there who are still checking office email and returning phone calls from home long after the work day has ended. Because this type of technology is still fairly new, the laws are scrambling to keep up with the changes. The bottom line, though, is that your employer may owe you a Florida overtime wage if you check office email, text, or answer work-related phone calls after hours or off the clock.

• If nothing else, employers should be aware that their exposure to overtime liability increases when employees use company PDAs.
• Recently, several large companies such as T-Mobile, Verizon, BD Richard Ellis, and Lincare have been sued for back overtime pay resulting from employee use of cell phones and PDAs to text and to check email after working hours.
• Lower-level workers (meaning non-executives) are often classified as non-exempt employees when it comes to the Federal overtime wage laws. If you are a non-exempt employee and have been issued a PDA, it increases the possibility that you won’t be properly compensated for time you have worked because of the need to frequently check the device for new messages. Checking email with a PDA is considered "work" and the practice can violate Federal Labor Standards Act and state wage laws due to adding extra working time to your day.
• Working on a time-sensitive project? On-call? Often, an employee who carries a PDA or Blackberry can feel the need to constantly monitor and respond to emails and texts received on their PDA. After all, it would seem to be a hallmark of a good employee, right? While this may seem harmless because text messages and emails can be read and responded to quickly, it can lead to an employee who is "constantly" working. A prime example is the employee who carries a PDA and receives a message – just the act of reading the message, even without responding to it, can mean the employee was considered to be working. A message here, a message there – they can add up over the course of a week, month, or a year.
• Checking email for updates, even during a lunch hour or a break period can mean you end up working more than the standard amount of hours per week. Things can get even more out of hand if you work for a company with a nationwide sales staff. This might mean checking in with employees on the opposite coast before or after your normal work hours because of time differences.The FLSA and Florida overtime wage laws require non-exempt employees to be paid for all time actually worked.

About 86% of the American workforce falls under the category of non-exempt employees according to the U. S. Department of Labor. If you have been given a PDA and you check office emails and send and receive work-related text messages, doing so may extend your work week beyond the standard of forty hours a week. The 20-30 or so minutes per week you innocently spend on office email after hours can add up to a lot of overtime during the course of a year. And, that means you may be entitled to overtime under the FLSA and the Florida overtime wage laws.

If you have a question or need information about PDA use and the Florida overtime wage laws, contact Florida overtime attorney Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today. The Law Office of Joseph M. Maus and Associates has handled some of the largest Florida overtime wage claims. Attorneys in their office were recently appointed in Federal Court as lead counsel in an Overtime Class Action against a large Fortune 500 Company. Call their offices today for a free consultation or to obtain more information on Florida overtime wage claims.

Florida Personal Injury Cases – Expert Advice – Finger Injury

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: My son was injured at school

Question: My son was in school when his finger got slammed in the door, which led him to having his finger partially amputated. From my understanding, there were no security guards around or teachers around when this happened. Someone gave me the advice to sue the school…Is this possible?

Answer: Your email does not indicate what state you live in.  I am a Florida personal injury attorney specializing in Florida personal injury cases, auto accident injuries, and Florida workers compensation claims.  I can only advise you on what the law is in Florida, so it is best that you speak to an accident attorney in your area to find out what rights you may have.

Your son may have a claim against the school, but his claim would need to be investigated more fully.  Your email does not indicate how old your son is, or how the incident occurred.  I would be interested in speaking with you further if you’re located in Florida.

A school is held responsible for dangerous conditions which they know about, or should know about, and their failure to protect the children at the school from the dangers.  A door that swings shut too rapidly, or too harshly, putting the kids at risk, would be the type of dangerous condition the school should know about, and should repair so the kids do not get hurt. I have handled cases before very similar to this where many people that had observed the door shut too quickly before the accident, so as to put people at risk when it slams, yet the school did not fix the door.

Most school have insurance for the type of incident you have described. Their insurance usually includes "medical payments coverage", or Medpay. Medpay is a type of insurance coverage that pays for medical bills which arise out of an injury that occurs at the school.  If you have incurred out of pocket medical bills, you should speak to the school to find out whether they have medpay coverage.  If so, you need to submit the bills to the school’s insurance company and you will be reimbursed.  The school should also have liability insurance coverage which would cover your son for his injury and pain and suffering.  He obviously has a very serious injury.

If your son does have a claim, you would not sue right away.   Most claims get resolved without having to file a lawsuit.  Once your son finishes his medical treatment, your accident lawyer would get the medical records together, photos of the injury, and copies of his medical bills, then submit them to the school, or its insurance company in an effort to settle the claim.  If the school doesn’t settle the claim, then you would file a lawsuit.

You should contact an attorney soon.  There are many steps your attorney should take now, i.e. notify the insurance company for the school, and find out what types of coverage are available.  There are also statutes of limitations which may apply and preclude you from bringing a claim if you wait too long.  In Florida personal injury cases, an accident or injury lawyer would verify the statute of limitations for a negligence claim is four years, unless it is a public school.  There are special rules for Florida personal injury cases which apply to governmental entities such as public schools, including when you have to notify them.  If it is a public school in Florida, there are also other entities that you have to put on notice of your claim, so it is best to speak with a accident injury lawyer as soon as possible.

Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. the attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.

For more information about Florida personal injury cases, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com or email him today.

Florida Personal Injury Accidents – Expert Advice – Elevator Accident

The following is an expert answer given by Florida Personal Injury Accidents Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Elevator Accident

Question: I was in an elevator accident in early 2007 where the elevator
fell with me in it.  This took place in Florida. I started on the third
floor and it was going normal at first and then dropped from an unknown
height and hit the ground hard. My injuries range from 2 herniated disks in
my neck, pain in my arms, diagnosed carpel tunnel and extreme pain in a
section between my shoulder blades which feels like I am being stabbed
(maybe a torn disk but undiagnosed as of now). I have pain in most of my low back
diagnosed as bulging disks and stenosis and into my legs, diagnosed as
radiculapathy.  This affects every aspect of my life and I am on constant
medication for pain and it helps me maintain my sanity.

I was under work comp for a year and a half because it happened in a
commercial building while I was working and they did absolutely nothing but
testing and tell me that nothing could be done at this time.  I changed
careers and went from construction to an office job.  After finally going to
a doctor the attorneys set up and paid for, I was given steroid injections.
The first one helped my leg pain tremendously but soon wore off and the
night after I went in for the second one, my heart started beating over 300
per minute and I passed out and hit the floor.  When I came to, I rushed to
the hospital where of course, at first they treated me like a drug addict
but soon realized it was a severe case of A-fib.  I spent two days in the ICU
and they had to give me drugs to get my heart back on track. The medical
bills from this hospital stay were around 7-8 thousand dollars so I had to
settle my work comp for 15k to avoid bankruptcy.

Then I went to two orthopedic surgeons who recommended spinal fusion for my
neck.  I am in my 20s so I decided to first try minimally invasive
techniques.  I just recently had Lumbar, Thoracic and cervical surgery which
helped some but still leaves me in severe pain.

Would punitive damages apply in this case?
Could product liability law apply in this case?
Is there a cap on pain and suffering?  I am not even thirty and what might
seem like a lot now will not be when I am suffering decades from now.

Answer:

I am a Florida accident lawyer specializing in premises liability claims such as elevator incidents, Florida personal injury accidents, Florida car accident injuries, and Florida work accident injuries.  I am located in South Florida, but handle claims statewide.  Your inquiry says the accident occurred in Florida but doesn’t say in what city.

You have a pretty complicated factual and medical scenario, but I will try to answer your questions.  If you would like to discuss your claim in more detail, please give me a call.  If you are currently represented by a lawyer for either the work comp or a third party claim for the elevator accident, you should speak to your Florida personal injury accidents attorney to get more information.

Based upon what you have described in your email, I don’t see how punitive damages apply in your case.  There may be more factual information that would allow you to seek punitive damages, but the case would have to be investigated in much more detail to know.  A count for punitive damages in Florida may be allowed by a judge if a party can show the defendant’s conduct "transcended the level of ordinary negligence and entered the realm of willful and wanton misconduct, which the courts define as conduct that is of a gross and flagrant character, evincing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or there is that entire want of care which would raise the presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard of the safety and welfare of the public, or that reckless indifference to the rights of others which is equivalent to an intentional violation of them."

This is a very high standard to meet.  It is based upon an evaluation of the facts of your case, and can only really be determined once you have fully investigated the causes of your accident.

Your second question is whether product liability law applies in this case. I’m not sure what product you are referring to – the elevator or the epidural injection.  Product liability laws probably do not apply to a claim against the manufacturer of the injection, but they may apply to the manufacturer of the elevator.  Again, you need more facts about how and where your accident occurred.  Was it a brand new elevator?  Had it been serviced any time recently before your accident?  Had the building owner neglected to have the elevator serviced even though there had been other complaints about the elevator?

Because of the injuries you have mentioned, and your young age, you should definitely look into a liability claim against the manufacturer of the elevator, the owner/manager of the building, and/or any company that serviced and maintained the elevator.

With regard to your reaction to the epidural injection, you could look into a medical malpractice claim against the facility and doctor that administered the injection.  Epidural injections are fairly complicated procedures that come with many risks.  Before undergoing such an injection, most facilities explain the potential risks with the patient.  However, in order to fully investigate whether a claim exists against the facility or doctor, you would need all the medical records to evaluate exactly what was done, or not done.

If you were to make a claim against the building owner, elevator manufacturer, or the maintenance company, there is no cap on pain and suffering.  Any settlement or verdict you obtained would need to compensate you for future medical care, and pain and suffering, for the rest of your life.

You definitely have a Florida personal injury accidents claim worth looking into.  If you would like to pursue the claim, or at least investigate your options further, please give me a call.  I handle all claims on a contingent basis which means there is no attorney’s fees owed if there is no recovery.  Please give me a call if you would like to discuss the claim.

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at jmmlawyers.com or email him today.

Tips For Minimizing Your Chances Of Being Injured In Cruise Ship Accidents

The summer vacation season of 2009 is wrapping up, but there are those out there who are still waiting to sail off into the sunset with a loved one on a cruise vacation. With the recent downturn in the economy, the cruise industry has recently been offering great rates to passengers. Because of this, many people have postponed their summer vacation to take advantage of these relaxing, fun-filled vacations. But, did you know that cruises can be a source of accidents and injuries which can put a big crimp in that dream vacation? After all, more than four million people cruise annually during a good economy, and that means cruise ship accidents can occur more often than you might think. These accidents don’t even have to happen on the high seas – many people are unaware that accidents involving shore excursions are also considered cruise ship accidents if the excursion is sponsored by the cruise line you are sailing with.

There are ways to minimize your potential for being injured in cruise ship accidents:

• Verify that any onshore excursion you are going to participate in has insurance which will cover you or your family if an accident occurs.
• Check with your cruise line for safety information on the onshore excursion vendor; you may be surprised to learn that your cruise ticket restricts you from making a claim against the cruise line company for an injury which occurs during an onshore excursion.
• Be aware of where you are and what you are doing. CruiseShipJunkie.com reports the latest in cruise ship accidents. One story they have posted tells of a passenger who drank more than his share of alcohol and decided to go swimming in the ship’s pool. The problem with this idea was that the pool had been drained for repairs, so the inebriated passenger ended up diving headfirst into an empty pool. The moral of the story is: don’t overindulge even on vacation!
• Follow all posted warnings on board the ship.
• You will be walking on a moving ship that is sailing on the high seas. There is a chance that water will be in your path at some point, so it is a good idea to wear rubber-soled shoes that can give you traction on a wet deck surface.
• Use handrails to help you with your balance when the ship is under sail. You never know when the ship may list to one side or hit a rough patch of sea.
• If you use the on board sports facility, only use the equipment for its intended purpose. The same thing goes for deck chairs, sporting equipment, etc.
• Follow crew directions and instructions in the event of a power outage, fire, engine problem, or other emergency situation.
• Secure your belongings in the cabin’s closets or drawers so you aren’t hit by flying or falling objects if the ship encounters rough seas.
• While on shore excursions, listen to the directions of the tour operators, and follow their instructions.
• Be honest about physical abilities required for some shore excursions (or the lack thereof) that might cause you harm if you try to do something you are not capable of doing. For instance, if you last rode a horse twenty-five years ago, don’t be daring and ask for a spirited horse for your ride down the beach!
• Wear seat belts and proper restraints while on a tour and be sure your children do the same.

Hopefully, you will never have to worry about injury resulting from cruise ship accidents. However, if you are injured while on a cruise, you need to know that cruise ships operate under different laws than the rest of the vacation and tourism industry. "Depending on when and where your accident occurs, your claim may be controlled by Florida law, Federal Maritime law, or a law from a foreign port, says Florida cruise ship accident lawyer, Joseph M. Maus. "Accidents and injuries which occur on Cruise Ships can be won and lost on requirements which apply only to Cruise Ships. Take a look at your Cruise Ticket for some of these "special" requirements".

• Passenger tickets often have special provisions put into the fine print within the ticket which shortens the time in which a cruise ship passenger may file a law suit against the cruise line – usually this limit is one year. To give you an idea of how this differs from "regular" law, Maus says that the normal statute of limitations for admiralty and maritime matters is three years; for a typical car accident claim it is four years!
• These same provisions generally require you to give notice of a claim for injury or death due to negligence against the cruise line within six months.
• Cruise lines also designate within their passenger tickets the only location where they can be sued. Read through your ticket and you should find this suit location. Since most of the major cruise lines are based in Miami, Florida and will designate Miami, Florida as the location where they must be sued, this means that if you live in Wisconsin and sail on a cruise vacation, you may have to bring suit for an injury in Miami (we might add that this will be at considerable cost and time to you).

Enjoy your cruise vacation and see all those wonderful sights that a cruise ship can take you to. Take some time to relax on the ship and unwind from your stressful life. Take precautions to be sure your vacation isn’t tainted by an injury. But, do be aware that if you are injured while on your cruise vacation, you need to talk to an experienced cruise ship accident lawyer immediately upon your return from your trip in order to preserve your rights!

For more information about cruise ship accidents and advice about an accident claim, contact cruise ship accident lawyer Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

Florida Personal Injury Accidents – Child Injury – Expert Advice

The following is an expert answer given by Florida Personal Injury Accidents Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Child Arm Injury and more

Question: My daughter, who just turned 4, was hit on the elbow by another
child in after school care. Her arm was swollen and she couldn’t move it. This was
documented in an accident report by her care provider “hit by another child.”
After calling her pediatrician, I took her to ER right away as instructed. The
ER report states it is an arm injury, and fortunately no major broken bones
were seen on x-ray. The report also says x-ray can’t identify minor fractures. If no
chronic problems, hopefully out-of-pocket expense from this injury won’t be
too much. In this case should the child who hit or the day care be
responsible for the medical expense?

There is another child in her pre-school class who is known to be a bit
violent, the “one” in the class. My daughter has told me many times that
this boy chased her, scared her, pushed her, etc. At drop off time I also
observed this boy tore apart classroom equipment, hit and threw toys,
intimidated other kids, etc. This boy is on the teacher’s radar most of the
time. But I still feel uncomfortable even though so far no visible damage to
my daughter. After all school has started for less than a month and the
teacher couldn’t be watching the boy in every minute. Legally is there
anything I could do to prevent any potential damage to my child? Many thanks!

Answer: Your email does not indicate what state you live in.  I am a
Florida accident lawyer specializing in Florida person injury accidents, auto accident injuries,
and Florida workers compensation claims.  I can
only advise you on what the law is in Florida, so it is best that you speak
to an accident attorney in your area to find out what rights you may have.

Most after school facilities have insurance for the type of incident you
have described.  Their insurance usually includes "medical payments
coverage", or Medpay.  Medpay is a type of insurance coverage that pays for
medical bills which arise out of an injury that occurs at the school.  If
you have incurred out of pocket medical bills, you should speak to the
school to find out whether they have medpay coverage.  If so, you need to
submit the bills to the school’s insurance company and they will be repaid
to you.

As for the the child causing the problems, a school is held responsible for
dangerous conditions which they know about, or should know about, and their
failure to protect the children at the school from the dangers.  Another
child in the class that is violent, or continually chases and pushes the
other children, is a dangerous condition that the school remains responsible
for if the child causes injury to another child.

Your email doesn’t indicate if the violent child is the one that hit your
child.  If so, I would make sure the school has it documented through an
incident report.  I would also speak to other parents with children in the
class.  If the violent child is doing this to your child, it is most likely
happening to other children in the class.  The parents of the other children
should make sure to document any other incidents that occur with the violent
child.

If it turns out that your child’s arm injury is more serious than originally
thought, your child through you as the parent, has a claim for the injury,
medical bills, and other damages such as pain and suffering, against the
school for failing to properly supervise the children.  If the injury turns
out to be a serious one, you should speak with an attorney that specializes
in premises liability claims.  The attorney can advise you what the law is
in your area for incidents such as your daughters.

You should contact an attorney soon.  There are many steps your attorney
should take now, i.e. notify the insurance company for the school, and find
out what types of coverage are available.  There are also statutes of
limitations which may apply and preclude you from bringing a claim if you wait too long.  In Florida personal injury accidents, the statute of limitations on a negligence claim is four years, unless it is a public school.  There are special rules which apply to governmental entities such as public schools.

Most attorneys specializing in premises liability claims handle the claims
on a contingent basis,i.e. the attorneys fee is a percentage of any money
they recover for you, and offer a free, no-obligation consultation to
discuss whether you have a viable case.

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.