West Palm Beach Injury Lawyer Blog

As millions of shoppers across the nation head out to their local malls, shopping centers, and discount stores to try to take advantage of annual Black Friday sales and specials, one of the biggest concerns for parents will be finding toys for their children that are not only entertaining, but also safe. Just in time to kick off this year's Christmas shopping, the annual "Trouble in Toyland" report has been released. The "Trouble in Toyland" report identifies toys that are potentially dangerous and compiles a list to help parents make informed decisions when purchasing.

According to ABC 25, the report lists 25 potentially dangerous toys and identifies their harmful components. As our West Palm Beach injury lawyer knows is often the case with dangerous products, these toys are often difficult to identify as dangerous just by looking at them. For example, several of the toys on the list, including a Tinkerbell watch, a plastic bracelet, and a toy Honda motorcycle were identified as containing lead. Others contained parts small enough for a child to choke on but lacked any warning label to alert parents to keep those toys out of the reach of small children.

As is always true, this list of potentially dangerous toys is certainly not exhaustive. Just because a toy is not on the list does not mean that it is free from all risks. Parents should always be tuned in and watching for any possible dangers, and proper supervision is essential to ensuring that children stay safe during play time. Even toys that do not pose any risks in their original condition can become unsafe with use and over time. For example, eyes can fall off of teddy bears and become choking hazards or a deflated balloon or inflatable toy can create a suffocation risk.

Even so, we often do rely on manufacturers to provide products that are safe and to provide warnings if those products carry any serious risks with them. Florida products liability law allows injured consumers to bring a cause of action against manufacturers for product defects that make the product unreasonably dangerous when used as intended or in a reasonably foreseeable way. Sometimes those defects occur as a result of problems with the manufacturing process, and other times those defects are the result of poorly designed products. Additionally, some products are required to include a warning label alerting purchasers to the dangers inherent in use of the product. Either way, manufacturers are required to be vigilant about the safety of their products and to compensate people who are injured when those products do not live up to the standards required by law.

If you or a loved one has suffered injuries as a result of a defective product, you may be entitled to compensation from the manufacturing company. Give our office a call today to set up a consultation with our West Palm Beach personal injury lawyer Attorney Eric Luckman. He is experienced with personal injury law and can help you determine what your case is worth and how best to move forward from where you are.

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Florida Supreme Court Decisions Often Affect Florida Injury Lawsuits

Florida lawmakers reversed course this week on policy changes that will affect people across the state. Although just a few months ago, the state legislature was considering removing some of the restrictions and rules that govern Florida assisted living facilities ("ALFs"), such as nursing homes for elderly or terminally ill patients. However, due to mounting complaints about Florida nursing home abuse and neglect of patients, lawmakers have changed their plans and are now working on new regulations that would increase scrutiny of ALFs and give the state more power to control the issuance and revocation of licenses.

Our West Palm Beach elder abuse lawyer knows that the patients who live in Florida nursing homes are all different. Some are in need of minimal care, such as help with meals and medications. Others are in need of more regular medical care, and still others require almost constant care and assistance with everyday tasks. Some patients are literally dependent upon their caregivers to keep them alive. When those caregivers do not provide proper treatment, the consequences can be terrible, even deadly.

In an effort to improve the conditions in nursing homes throughout the state, the Florida legislature is examining new ways to regulate the industry. Some of the proposed changes include higher fines for violations, more stringent testing and certification requirements, and more power in the hands of state officials to close down facilities that do not conform to safety standards.

The families and friends of patients who live in any kind of assisted living facility can also help ensure that these patients are cared for properly and with the level of skill and concern that their respective conditions require. If your loved one depends on the care of one of these facilities, you should be knowledgeable about how to tell whether he or she is being treated properly. One very common sign of neglect for patients who spend most or all of their time in bed is bed sores. Bed sores occur when patients are left in the same position for hours at a time, and the skin covering certain pressure points is worn away. They are incredibly painful, but patients who develop them often cannot move enough to even alleviate some of the pain. If left long enough, they can become very serious and cause infection. Another sign is weight loss. Some patients have been malnourished to the point where they are literally starving. Most importantly, do not be afraid to ask questions or to seek out opinions from doctors outside the facilities where your loved ones live.

If someone you love has suffered from abuse or neglect at an ALF, our West Palm Beach nursing home abuse attorney may be able to help get compensation for his or her injuries and to ensure that no one else has to suffer the same poor treatment. If you have observed any injuries, do not hesitate to take action. Although injuries are not always the cause of poor treatment, the best thing to do is to seek out the cause of injury right away so that it can be remedied.

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Florida Supreme Court Decisions Often Affect Florida Injury Lawsuits

The Palm Beach Post reports that a helicopter fell from the sky, hit the roof of a West Palm Beach, Florida home before crushing part of a car and crashing into a yard, officials say. When the helicopter was finally hauled out of the unsuspecting homeowner's yard a sliced palm tree remained in its place.

Nedra Obradovich's roof had a run-in with a small, rented helicopter that landed in her front yard Saturday afternoon. Thankfully no one was seriously injured as a result of the West Palm Beach accident. Obradovich, the pilot and a passenger of the helicopter were able to walk away from the crash, although the pilot and passenger, whose names have not been released, were taken to a nearby hospital as a precaution.

Obradovich expressed enormous relief at her good luck, "I've said it a thousand times, I'm so grateful." The homeowner added that if the helicopter had crashed a few feet in the wrong direction, it would have landed squarely on her house.

She had been working on her computer in the moments before the crash and recalls standing to the roar of something approaching. "It sounded like rolling thunder," Obradovich said. "It was circling."

After the Palm Beach crash, Obradovich found a man and woman walking aimlessly. "I ignored everybody and ran to them. I was concerned," she said. Thankfully there were no broken bones and it wasn't long until everyone was whisked off to the hospital

The long-time Northwood resident believes the pilot may have been aiming for the empty part of her lot to the east of her house, but instead came crashing right beside her home - hitting the car she recently inherited from her mother. "My car actually broke the fall," Obradovich said. "Apparently the helicopter fell on the car and rolled. Luckily the car was there. I never park it there. If it had fallen directly on the land they may not have survived the impact."

Federal investigators examined the wreckage Saturday night and said it appeared the helicopter's engine had failed, Federal Aviation Administration spokeswoman Holly Baker said. The helicopter was about 700 feet in the air before it crashed. The helicopter, owned by the California company Spitzer Helicopter Leasing, was being operated by Ocean Helicopters, a flight school based out of the North Palm Beach County Airport.

National Transportation Safety Board records show helicopters from the flight school have been involved in at least two other accidents in the past 2 1/2 years, one as recently as four months ago, the newspaper said.

Power has since been restored to nearby homes which lost electricity when the small silver and red chopper fell from the sky in West Palm Beach. Obradovich's inherited Ford Fusion appears to have been the only casualty of the crash as it appears to have been totaled. The chopped up palm tree in the front yard has been around since 1988 and may even survive a direct collision with a copter as palm trees can continue living even with their tops chopped off.

Thankfully helicopters falling from sky aren't regular occurrences, yet many other accident do occur with surprising frequency throughout our area. Many local victims suffer personal injury and property damage as a result. Our West Palm Beach injury lawyer is skilled and ready to help regardless of the circumstances surrounding your accident. If you've been injured by circumstances out of your control, please call our Palm Beach injury attorney today for a consultation to determine what your rights are and how to get you the compensation you deserve.

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Palm Beach County Battles Back Against Traffic Fatalities

Fiery Palm Beach Car Crash Claims Life

Our Palm Beach car accident lawyer was disturbed to read the recent report this week in the South Florida Sun-Sentinel about five people that have been arrested in Miami in connection with an elaborate scheme aimed at defrauding several insurance companies.

The partners-in-crime initially gathered together at a house in Miami to concoct a plan to submit $83,000 in bogus claims to four insurance companies for treatment at several local rehab and medical service centers. An investigation conducted by the Department of Financial Services' Division of Insurance Fraud revealed that the ringleader organized a staged automobile accident on June 27, 2011, involving multiple participants. After reporting the faux-collision, each participant was then referred to multiple treatment centers. The group decided to make use of multiple clinics to further game the system and maximize the amount of money paid by each participant's insurance company. Florida Chief Financial Officer Jeff Atwater said his office expects to continue making more arrests related to the incident.

"Fake accidents like these are happening everyday in Florida's biggest cities and are costing Floridians millions of dollars a year in increased auto insurance rates," Atwater said in a statement. Not content to allow such fraud to go unpunished, Atwater responded with a serious threat: "The perpetrators will be caught, they will go to jail, and we will work to get Floridians the relief they deserve on their auto insurance premiums."

The real problem, as Atwater points out, is that, "Staged accident schemes like this are undermining the intent of Florida's no fault laws and are taking money out of the pockets of honest, hardworking Floridians." Investigators in his department are cracking down on this costly and dangerous abuse which has led to significant increases in automobile insurance premiums as honest policy holders cover the expenses related to fraud.

People with any information regarding this or any other incident involving insurance fraud, are asked to call (800) 378-0445. Anonymity is guaranteed and tipsters may even receive a reward of up to $25,000 for information that leads to an arrest and conviction. In the past 10 years the state of Florida has already awarded almost $250,000 to people for such tips.

Such fraud risks undermining the real victims of Florida accidents; the very people that our Palm Beach car accident attorney helps every day. People perpetrating fraud make it harder for those who have had their lives forever changed due to injury. Our Palm Beach injury lawyer knows this and will work tirelessly to convince a Court of the merits of your case. By not accepting frivolous claims, our attorney has developed a reputation in the legal community for only advocating for those individuals who have been truly injured in South Florida. If you're one of those people who have been injured in a West Palm Beach car accident and is in need of help, please call our office today for a consultation to determine what your rights are and how to get you the compensation you deserve.

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Palm Beach County Battles Back Against Traffic Fatalities

Fiery Palm Beach Car Crash Claims Life of One, Leaves Another in Critical Condition