Articles Tagged with liability

We all know that cold winter weather in much of the country can result in frostbite, car accidents, fires, and other problems. In Hollywood and the rest of Florida, we tend to feel safe from these issues, but the first few weeks of 2015 have seen unseasonably cold weather in parts of Florida. Even South Florida saw temperatures below average recently and in more Northern areas of the state colder weather prevailed. Jacksonville even saw about three hours of flurries earlier this month.

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Florida remains an escape for those who don’t want to have to deal with the winter, but with cooler weather it is a good idea to review basic safety precautions:

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Miami Beach and other Florida communities are known for their natural beauty and their green spaces. Many homeowners across the state enjoy year-round gardening and have large yards. Many suburban communities in the region are also built along include tree-lined streets, so many residents have at least one tree on their property. If this is the case with your home, did you know that your tree might put you at risk of injuries and legal action? The most common issues that homeowners have with trees include:

1) Child injuries.

If a child enters another property and climbs onto a tree or into a tree house or on a tree swing, they can easily be injured. Under Florida law, property owners have a special duty of care to children, especially if they have something on their property – such as a tree swing or tree house – that may attract a child. In these cases, property owners are expected to take extra precautions to ensure that children who wander onto the property are not injured.

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Florida sees an average of 55 tornadoes yearly, making it the third state in the nation when it comes to tornado activity. While most tornadoes in the state happen between January and April, many tornadoes also occur during October and November. Since tornadoes can occur at this time of year and since tornado season will be upon us soon after the holidays, this is a good time of year to get ready. You may be able to help your family avoid weather-related injury in Hollywood or your Florida home if you:

1) Create an emergency preparedness kit.

Your kit should include everything you need during and after a tornado. This should include water, food, medication, pet and child-care supplies, bedding, cash, a first aid kit, and anything else you need to weather out not only the tornado but also the time after the tornado when services may be suspended. The Florida Division of Emergency Management has a website with more information about getting an emergency kit ready.

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After the initial shock of a car accident, back injury, workplace accident, or other serious injury has worn off, it is common for anxiety and worries to creep in. In your situation, you may have many questions about your future. The most common questions personal injury attorneys in Hollywood and South Florida hear in injury cases include:

Will I get better? How will my injury affect my life?

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One of the first questions that many injured people have is what will happen next. While no one can predict the future, new technology is available for patients who have sustained brain injuries, spinal cord injuries, amputations, and other life-changing injury. These patients are now able to lead fuller lives than ever before. Prompt healing can help improve the chances of a fuller recovery, as can quality medical care and follow-up care with services such as rehabilitation.

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Personal injury and unexpected medical costs are the leading cause of personal bankruptcy in this country. Being seriously injured can cause you to lose time at work and can lead to large medical bills. A serious injury can also be difficult to plan for. You can sustain a work injury in your Hollywood job at any time. You never know when you might be in an intersection accident or be in a sideswipe collision near your Hollywood home. However, there are things that you can do to help improve the chances that you will survive financially even if you are seriously and unexpectedly injured:

1) Have a budget in place.

Creating a monthly budget can help you distinguish between necessities and luxuries, so that if you suddenly find yourself facing financial worries due to an injury you will know where you can trim back. A good budget can also help you create some savings so that you have a layer of protection in case you cannot work.

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Patients visit doctors, hospitals, and clinics to get better. Florida is lucky to be known for cutting-edge medical research as well as excellent hospitals and health care providers. In fact, people from all over the world visit the state in order to get medical treatment. While many health care settings are careful to provide the best possible care for patients, however, some medical care providers and negligent and reckless with patient health. When this happens, medical negligence lawsuits in Hollywood and other Florida communities will sometimes occur.

What Happens When Patients Are Injured Due to Medical Negligence

When a patient injury or child injury in Hollywood or another city occurs due to medical negligence, a big part of the problem is that in many cases patients may not even be aware of the fact that their negative medical outcome was caused by recklessness. Doctors and health care providers do not generally announce that they have made a mistake and do not admit that a negative outcome was preventable. In some cases, patients find out about possible negligence by accident or because the negligence was obvious.

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Research studies and statistics help us make important safety decisions. For example, knowing that researchers have proven the dangers of drunk driving, we can make the decision to avoid driving after drinking and we can take steps to curb drunk driving in Miami Beach or our communities.

In some cases, though, research seems to contradict itself. For example, the website miaminewtimes.com recently pointed out that Miami Beach has been picked as one of the most livable cities in Florida and as the most dangerous city in the state. Livability.com ranks Miami Beach as the best city in Florida out of 2000 American towns. The website looked as cities with populations of 20,000-350,000 and determined livability according to education, health care, the local economy, housing, and other factors. Miami Beach was selected as 38th out of 2000 and the top city in Florida. Coral Gables also made the list, at number 100.

Another website, HomeSecurityShield.net, used FBI data to analyze the number of property crimes and violent crimes in cities across the country. Based on this information that website determined that Miami Beach is the most dangerous city in the state, with violent crime rates of 10.33 per 1000 residents and total reported crimes of 109.47 per 1000 residents.

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If you have been injured while visiting a restaurant, hotel, or other business establishment, you may have a negligent security or premises liability case in Homestead or your community. This may also be the case if your injuries were caused in someone’s home or when you were visiting a condo or apartment building.

To launch a premises liability case, however, you need to be able to show that the property owner was negligent in providing you with a safe space. In some cases, there may be signs that a property owner has not taken due care to protect visitors to their property. For example, someone who has been injured may notice:

  • Poor lighting on a property
  • Debris on stairways and walkways
  • Lack of fencing or gate around a pool area
  • Dogs running loose on a property
  • Shelving not properly attached
  • Work areas and dangerous areas not blocked off or clearly marked
  • No railings on ramps and stairways
  • Spills on the floor that have not been mopped off
  • No warning signs for dangers
  • Uneven floors
  • Poorly maintained property
  • Broken gates, stairs, windows, and doors

All of these signs could be signs that a property owner has been negligent in providing a safe environment for visitors. If a visitor is injured as a result of this type of recklessness, they may have a legal claim against the property owner and any other liable parties.

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Client Reviews
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Mr. Flaxman is highly skilled and very pleasant to work with. He communicated with me at every step in the process, and clearly presented information relating to my case. To anyone considering retaining his firm, I highly recommend him. Clara Barman
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THE BEST. Honest, very knowledgeable, fast and easy. has helped me in numerous situations and has never failed me. Joe Gee
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Charlie is a very skilled attorney that advocates hard for his clients. But the best part is he is an all around great guy. He cares about helping and doing what is right for people and his community. And he is not afraid to fight against those who do wrong or against threats to our world. He is fluent in Spanish as well. Do yourself a favor and call him. Andy
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I had a lawyer on another case and I never spoke to the lawyer and I hated that I never knew what was going on in my case. Mr. Flaxman was in constant communication with me, explained everything to me, and his staff was really great too. My phone calls were always returned immediately. It was refreshing to be able to speak to my attorney personally. I would HIGHLY recommend Mr. Flaxman as an attorney to anyone who has been in an accident. Gloria
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I found Mr. Flaxman to be an excellent attorney for my personal injury case. This is actually the second time I have used him and he really represented my interests. He explained everything thoroughly and he was very available for my questions. Carol
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