Hurray for the Miami Heat. Boo (and shame on) Micky Arinson, the billionaire owner of the Heat. Micky Arison also owns Carnival Corporation, the world’s largest cruise operator. While the company operates many of its ships from American ports, enjoying the laws and protections only America can afford, it hides…
Florida Injury Attorney Blawg
Defective Design – Motor Vehicle Airbags
Inflating airbags can cause serious harm or death. The damage occurs when the passenger’s head is struck by the airbag, which can travel at speeds up to 200 mph, before it has fully inflated. A vehicle’s “occupant protection system” (OPS) consists of airbags, belt/shoulder restraints, and seat tracks. If the…
Beware of “Button Batteries” – Products Liability
Beware!!! These small, coin-sized batteries found in many home appliances and childrens’ toys can be hazardous and deadly. If swallowed, the consequences can be immediate and devastating. Occassionally, a swallowed battery will pass through the intestine. More often, the batteries become lodged in the throat or intestine and can release…
Florida 4th in the Nation in Number of Uninsured Vehicles
Nationwide, roughly one in seven (13.8%) drivers are not covered by liability insurance and are therefore uninsured. Florida is tied in fourth place with Tennessee and Oklahoma at 24% with the highest percentage of uninsured drivers. Part of Florida’s numbers are attributable to its motor vehicle insurance laws. Liability insurance…
Congressional Republicans Seeking to Suppress State and Individual Rights
Congressional Republicans are unrestrained hypocrits and ardent agents of America being a money-centered society over a people-centered society. The lure of big money trumps (pun intended) their lip service philosophy of limiting big government to empower the people. H.R. 5, the so-called Help Efficient, Accessible, Low Cost, Timely Health Care…
Florida Workers’ Compensation – Shifting Permanent Total Disability (PTD) Standard
Permanent Total Disability (PTD) (440.15(1)) is the most valuable wage loss benefit available under Florida’s workers’ compensation system. Unlike Temporary Partial Disability (TPD) (440.15(4)) and Temporary Total Disability (TTD) (440.15(2)), monetary benefits that are available for only a short period of time, PTD can last for years and includes an…
Florida Motor Vehicle Insurance Law: What is Stacked Coverage?
Stacking coverage is one of the most misunderstood areas of Florida’s motor vehicle insurance laws. The goal of this blog is to help clear up the confusion. Stacked coverage is a type of coverage that is available within the broader type of coverage known as uninsured/underinsured motorist (UM/UIM) insurance. Neither…
Personal Liability Exposure of Nursing Home Director Under Florida Law
In the wake of The Miami Herald’s excellent series, Neglected to Death (Part 1; Part 2; Part 3), on the dire health and safety issues associated with Florida’s nursing home/assisted living facility industry, this is a good time to discuss some legal propositions closely related to the subject. The Herald…
Whose Money Is It? – Medicare Liens in Florida Wrongful Death Cases
In Florida, a claim for wrongful death is brought by a court-appointed personal representative on behalf of the decedent’s estate and survivors. Florida’s Wrongful Death Act (FWDA) (Florida Statute Sections 768.16-768.26) outlines the specific damages recoverable by the estate and the survivors (e.g., surviving spouse and children). Many wrongful death…
Nursing Home/Assisted-Living Facility Negligence – Shame on Governor Scott and Florida Legislature
Kudos to The Miami Herald for exposing the widespread abuse and neglect of residents within Florida’s nearly 2900 nursing homes and assisted-living facilities, and AHCA’s failure to perform its mandate to regulate and punish the wrongdoers. NEGLECTED TO DEATH Part I; Part II; Part III. It is a must read…