Florida Slip and Fall Cases at Wal Mart – 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:
My elderly mother fell in WalMart nearly 3 years ago and the case is still in litigation. The store was being remodeled and where they had moved a shelf to prepare to replace the floor, a small piece of tile was missing. Her foot struck this indention and she went down, breaking her shoulder and causing massive damage to the point that my sister and myself had to dress her, wash her her hair and numerous other tasks she needed 2 hands to accomplish. She lost so much of the use of her arm that she is severely limited. Of course now, 3 years later, she has also had a stroke and is paralyzed on that same side. Will WalMart attorneys likely downplay her injuries to the jury and make it seem like her stroke was the real problem? Just curious as to what to expect once we get into court. We have mediation in a couple of weeks so I’m hoping that things get settled before we get to court. Thanks for your time.

Answer:
Your email does not indicate what state you are from.  I am a Florida accident lawyer specializing in car accident, Florida slip and fall cases and workers compensation claims.  Laws vary from state to state, so you should speak with your mother’s attorney to get accurate advice.

Your attorney should be sitting down with you in the next week or so to let you know what to expect at mediation, and if the case does not settle at mediation, what to expect at trial.  The large majority of cases that go to mediation settle, so I would say that your mother’s case has a decent shot at settling.  However, I know very little about her case, so you are best to speak with your attorney about the chances of settling prior to trial.  He may have already spoken to Wal Mart’s attorneys and has an idea whether the case may settle at mediation.

Wal Mart’s attorneys, and all insurance defense attorneys, will use any potential defense available to them.  If Wal Mart’s attorney thinks that he/she can convince a jury that some or all of your mother’s problems are due to the stroke, versus the fall, you can bet that the attorney will try to do that.

Your attorney should be able to distinguish between the two events by using testimony from family and friends about the effect the fall had on your mother, even prior to the stroke.  Your attorney will also use your mother’s medical records after the fall to show how much of an effect the shoulder injury had on her activities of daily living – work, taking care of herself, spouse or family, leisure activities such as exercise or sports, volunteer work she may have done.  Your attorney will try to paint a picture of an active, healthy lifestyle before the fall, with the fall causing a substantial decrease in your mother’s activities after the fall, but before the stroke.

One question that I have is whether any of your mother’s doctors would testify that the decrease in your mother’s activities due to the fall is what caused the stroke?  Or possibly the stroke was caused by medication that your mother began taking after the fall due to her injury?  These are issues I am sure your attorney is exploring.

In Florida slip and fall cases, as in most personal injury cases, mediation is the best opportunity to settle the case prior to trial.  You should contact your mother’s accident injury lawyer and set up a time to sit down with the attorney to discuss mediation.  You should discuss the amount of money the attorney is going to ask for at mediation, whether there have been any offers from Wal Mart so far, the risks of going to trial, and the strengths and weaknesses of your mother’s case.

For more information about your rights in a case of a Florida slip and fall injury, 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 – 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.

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.

Protect Your Rights: What To Do After a Car Accident

An auto accident can be one of the most traumatic, shocking, and devastating moments of your life. Though we all like to believe it will never happen to us, over 6 million auto accidents occur in the United States every year. Statistically speaking, it’s very likely that you will be involved in an auto accident at some point in your life, and the best thing you can do is to be prepared.

Moments after impact, many thoughts run through your head. Take a deep breath, clear your mind, and evaluate the situation. Of primary importance is ensuring the health and safety of everyone involved in the accident. If needed, call emergency medical professionals. In the emotional aftermath of an accident, most people don’t want to think about legal or financial issues, however, the steps you take immediately following the accident can have great consequences on how the incident affects you in the long term.

Most car crashes, at minimum, cause potentially large amounts of property damage. Personal injuries are also common, leading to costly medical bills, lost wages, and potential damage claims. In addition to the emotional burden of a shocking accident, the financial costs can make a bad situation much worse. Thus, it’s important to know what to do when you are involved in an accident.

Most importantly, do not leave the scene of the accident. Wait for the police to arrive, collect the other driver’s name, insurance information, and vehicle information. If there were any witnesses, collect their information as well so you can have their names and addresses later on if you need them. Take detailed notes about the events leading up to the accident. Do not admit fault – you most likely don’t have all of the information about the accident immediately after the accident occurs.

Once you have all of this information, if you are concerned about financial or legal issues relating to the accident, contact an experienced auto accident attorney immediately. Because auto accidents can result in death or serious injury, and can leave victims with large medical bills, potential lost wages while recovering from the accident, and personal and marital stress, a South Florida accident attorney can help to ensure that your rights and interests are protected. An experienced South Florida accident lawyer will help you recover damages against the person who is responsible for the accident and your injuries. An experienced South Florida car accident attorney will also negotiate with insurance companies to maximize your recovery.

Remember, insurance companies have thousands of attorneys working for them to defend Florida car accident claims.  Protect your rights by having your own South Florida accident lawyer represent you and your interests.  Attorney Joseph M. Maus, a South Florida accident lawyer, handles car accident claims on a contingent basis.  This means that unless you recover money for your car accident, you do not owe any fees or costs.

If you have had a car accident in South Florida, contact a South Florida accident lawyer at Joseph M. Maus, P.A.at 1-866-556-5529, visit their website at www.jmmlawyers.com, or email them today.

Smokers Can Recover from $580 Million Dollar Trust Fund

A Florida Court has paved the way for sick smokers in Florida to recover damages for smoking illnesses they may have.  Smokers have until June 16, 2008 to file a claim for numerous smoking related illnesses which they have suffered due to long term exposure to smoking.

The settlement resulted from a 2000 in which Cigarette makers were hit with a $145 Billion Dollar Verdict.  The amount was later lowered to $709 million, of which $580 million dollars remains to satisfy smokers claims.

The Court anticipates that anywhere from 8,000 to 20,000 smokers will file claims against the Fund. 

The Judge presiding over the Fund has indicated that the Fund will be distributed on an equal basis depending on the actual number of claims.  Some of the people involved in the case from the beginning are unhappy that the judge decided to distribute the money equally rather than focusing on the original class.   Pompano Beach Attorney Joseph M. Maus says “there has to be consideration given to individual claims.  No two claims will be the same, and many claims will differ drastically depending on the level of illness which occurred to the individual, or whether a death occurred.”

Smokers must be able to prove they were Florida residents and had documented symptoms of a smoking-related disease before November 1996.   Once the smokers are cleared for a portion of the settlement, they will likely have to deal with Medicare, Medicaid, and the IRS, who may all have claim to any proceeds received.

For more information, log on to www.jmmlawyers.com or call Attorney Maus toll free at (866) 556-5529  .

Crane Accident Law Fails To Pass

With the increase in Crane Accidents in Florida recently, it would seem that a state-wide law governing the safe operation of large cranes would be an idea the entire Florida Legislature would easily approve.  Recent crane accident in South Florida alone have caused two deaths and seven people to become seriously injured

For two years, state legislators have tried to pass a law regulating the use of the contraptions that tower above South Florida’s skyline.  It appears the law may gain approval from the Florida House of Representatives today, but will be defeated in the Florida Senate.

“They don’t care how many folks die,” charged state Rep. Greg Evers, R-Baker, the bill’s co-sponsor in the House. “So how many people are we going to allow to get hurt when we could have a statewide ordinance that would protect the people all across the state?”The proposed legislation would require crane operators in Florida to be certified, and set penalties for those who work without certification.

That approach is flawed, opponents say, because it would not let cities and counties implement stricter standards of their own. Of special concern are construction conditions in Miami-Dade County, where high winds that pose a risk to cranes can gain momentum as they barrel through high rise-lined corridors.

Attorney Joseph M. Maus currently represents the family of a man killed in a crane accident at the Southwest Florida International Airport.  Jebel Polanco Zuniga was killed when a crane operator used a defective hook, allowing a 1000lb conrcrete form to become unhooked, falling on Mr. Zuniga and another co-worker.  The co-worker, Gustavo Orozco, was paralyzed in the accident.  According to Attorney Maus, “a simple check of the crane hook prior to its use would have prevented this tragic accident.”

On April 9 the boom of a 190-foot crane fell onto the fourth floor of a downtown Fort Lauderdale apartment building in the 400 block of Northeast Fifth Avenue. The noon-time accident caused minimal damage and no injuries.  But in March, the collapse of a section of crane in downtown Miami killed two workers and injured five. Less than two weeks later, two more people were injured when a load a construction crane was hoisting fell onto an Aventura building.

As it stands now, no federal oversight governs crane operations. The Occupational Safety & Health Administration mandates periodic inspection of cranes, but relies on construction owners or private contractors to perform them.  In March, Miami-Dade County passed a measure stricter than the proposed state legislation that governs crane testing, inspections, operator certification and high-wind operations.  If it passed, the state law would void that measure.

“The [proposed state] standards are substandard,” said Sen. Rudy Garcia, R- Hialeah, who has prevented the bill from being heard by the Senate’s Committee on Community Affairs, which he chairs.  The House legislation is based on national standards set by the American Society of Mechanical Engineers and the National Commission for the Certification of Crane Operators, Evers said.  “It’s good enough for every place else in the country but not Miami,” Evers said.

INFORMATION ON TRUCKING ACCIDENTS

INFORMATION ON TRUCKING ACCIDENTS

Each year in the United States, there are more than 400,000 accidents involving large trucks commonly referred to as tractor trailers or “18-Wheelers”. In 2005 alone, close to 4,000.00 people were killed in accidents involving an 18-Wheeler or large tractor trailer. Accidents involving these large trucks usually involve significant property damage and injuries due to the large size and incredible weight of these trucks, particularly when they are loaded with merchandise, vehicles or equipment. Even a so-called “low impact” accident in which an 18-Wheeler strikes another vehicle traveling at low speeds, can result in debilitating injuries. If you have been injured in a trucking accident, information about potential fault of another party is readily available.

 

An excellent source of information when investigating a trucking accident is the Federal Motor Carrier Safety Administration (FMCSA), which is part of the United States Department of Transportation (DOT). The FMCSA is also known as the truck and bus “Safety Agency”. The FMCSA’s primary mission is to reduce crashes, injuries, and fatalities involving commercial motor vehicles including 18-Wheelers and buses. FMCSA requires trucking companies and their drivers to ensure the safety of their trucks. Safety inspections need to be performed on a daily basis. The loading of the trucks is also critically important as the weight on the trailer must be properly distributed and secured to avoid an 18-Wheeler rolling over during an accident.

 

DOT and FMCSA have established guidelines to ensure that trucking companies that operate such large vehicles on the highways operate them safely. The Department of Transportation conducts random checks and audits with trucking companies to ensure that the trucking companies are complying with the many Department of Transportation regulations. If it is found that a trucking company has not complied with the Department of Transportation and FMCSA regulations, the company can be hit with very large fines. In fact, the FMCSA levies hundreds of thousands of dollars of fines each year for violations of the DOT regulations. Among other things, the regulations require:

 

1. A systematic inspection, repair and maintenance of all vehicles;

 

2. Do the drivers hold Commercial Driver’s Licenses and for bus drivers, Commercial Driver’s Licenses with a “passenger” endorsement;

 

3. Do the drivers hold valid medical certificates;

 

4. Does the company have a driver drug/alcohol testing program that complies with the Department of Transportation regulations;

 

5. Does the trucking company put limits on how long a driver may drive, basically not more than ten (10) hours following eight (8) consecutive hours of being off duty; and

 

6. Do the trucking company’s drivers exceed the “70 hour rule”, which limits drivers to seventy (70) hours of work/driving time within eight (8) consecutive days.

 

It is critical in evaluating a trucking accident to evaluate whether the trucking company, and its driver complied with all DOT regulations. It is also critical to investigate whether the trucking company itself has been the focus of a FMCSA investigation, whether it has ever previously been fined by the FMCSA, or whether it was fined as a result of your trucking accident. Information collected by the FMCSA can provide valuable insight as to the cause of an accident.

 

A trucking accident needs to be thoroughly investigated immediately after the accident happens. With time, witnesses disappear and memories fade, and valuable evidence can be lost. To properly investigate a trucking accident, a party should review the minimum safety standards that trucking and motor coach companies must follow for operation of their vehicles, and the physical qualifications and operating rules for their drivers. Another valuable source of information on trucking accidents is the “black box” which is often found in newer models of trucks. It can reveal information on the speed, weight and maintenance of the truck. However, it requires a party to move quickly before it is destroyed in order to obtain as much information about the trucking accident as possible.