Florida Personal Injury Attorney Blog

Toyota has announced that it will recall 3.8 million vehicles in the U.S. due to a product defect in which the floor mat can interfere with the accelerator and cause an auto accident. This is the company’s largest recall in its history, according to the Miami Herald. Previously, its largest recall was about 90,000 vehicles in 2005 due to a problem with the steering wheel.

This recall will have an impact on South Florida drivers. With so many Toyota dealerships in the Broward, Miami-Dade and Palm Beach counties, 2,217,662 in Toyota vehicle sales, and with the Prius and Camry being very popular vehicles, Florida drivers are likely to feel the affects of the recall.

The vehicles being recalled are: the 2007-2010 Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and the 2006-2010 Lexus IS250 and IS350.

Toyota is working with the National Highway Traffic Safety Administration to find a solution to this product defect. Toyota expects owners to be notified as early as next week, but advises that, as a safety measure, owners should remove the floor mat from the driver’s side and not replace it. The NHTSA has already reported 102 incidents of owners claiming that the accelerator may have become stuck, although the NHSTA is unsure as to how many incidents involved a crash.

A report of a crash involving a Lexus in San Diego prompted the investigation into the vehicles. In August, California Highway Patrol Officer Mark Saylor and three others were killed in an auto accident. The NHSTA noted that the all-weather mat found in vehicle was longer than the mat the one belonged in it, which could have caused the mat to get caught under the pedal.

Continue reading " Defective Floor Mat Causes Toyota Recall of Millions of Vehicles " »

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , DEFECTIVE PRODUCTS

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A worker was injured on Tuesday morning from an explosion when he and other workers were cleaning and dismantling gas tanks at a convenience store in Miami, Florida.

The explosion occurred at the Quik Stop Market at 350 NW 79th St. The man was taken to the Ryder Trauma Center at Jackson Memorial Hospital in Miami. According to the Sun Sentinel, a spokesperson for the Miami Fire Rescue said that the accident severed the man’s leg just below the knee. It was brought to the hospital to be reattached; however, there is no word yet on the man’s condition.

The man and another worker were cleaning and dismantling old tanks which were dug up from underground. While cutting through a tank, a spark flew from the circular saw and ignited the gas fumes. The end of a tank then blew off, severing the man’s leg. Thankfully, neither the other worker nor anyone else was injured.

Officials are continuing to investigate the incident. Crews found many empty beer bottles in the tank and believe that there was gas inside the bottles.

Workers should always follow safety protocols and take precautionary measures when performing tasks that involve high risk elements such as gasoline tanks and flammable objects. At the same time, employers should always ensure that effective training of proper techniques is being done to promote the well-being and safety of their workers.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: CONSTRUCTION ACCIDENTS , NEGLIGENCE

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On Sunday, September 28, Officer Elijah Rodgers of Lauderhill, Florida was released from Broward General Medical Center after suffering injuries from a hit-and-run driver, according to the Sun Sentinel.

Officer Rodgers has worked with the Lauderhill Police for four years. He was conducting a routine traffic stop on Thursday around 3:40 in the afternoon at NW 25th Court and 52nd Avenue. The driver of the vehicle, however, took off, striking and injuring Rodgers. Luckily, Rodgers suffered no broken bones and is recovering at home. Rodgers got a look at the driver’s tag number while on the ground, memorized it, and gave the information to other officers. The driver was found and arrested an hour later.

The driver, Charles Anderson, of North Miami, will face charges, including failing to stop or yield at an intersection, aggravated battery on an officer and driving with an invalid license.

A hit-and-run accident in Florida is a serious offense, punishable by very strict explicit laws. Florida’s laws create a duty to drivers involved in an accident to stop at the scene, among other requirements. Violation of these laws may result in criminal charges and civil suit, a jail sentence, and community service. Some of the Florida statutes on hit-and-run accidents can be found on Deadlyroads.com, a website dedicated to victims of hit-and-run deaths and injuries.

In a previous blog entitled "South Florida Hit and Run and Drunk Drivers" we outlined our many concerns regarding the rights of the injured victims of hit and run and drunk drivers. The victims of these drivers often sustain serious injury and it is our job to ensure that their rights are not violated and that they are duly compensated for the injuries that they have sustained as a result of the negligence of a hit and run and/or drunk driver.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , DUI DRIVER , HIT AND RUN DRIVER

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Tylenol has announced a recall of some of their children’s and infants products due to test results showing possible bacteria in an ingredient used in its products. As WPTV NewsChannel 25 reported, many South Florida parents are concerned about the recent recall due to the defect, including Kameca Richards of West Palm Beach, who uses Tylenol when treating her three-year-old daughter’s illnesses.

According to the Sun Sentinel, McNeil Consumer Healthcare, the maker of Tylenol, is voluntarily recalling 21 lots of pain, cold and cough medications for children and infants. The affected medications were produced between April and June. Purchasers of the recalled Tylenol products will receive a free coupon for a replacement.

McNiell said that it has not received any complaints so far and that it is considering this a low risk recall. However, while McNiell stated that it believes that none of the affected products were put out on retail, it encouraged concerned parents to contact their health care providers.

If you believe your child may have ingested the affected products, you should consult with your physician immediately. You can also take measures to prevent your children from being affected by these recalled products. For a list of affected products and for more information, go to the Tylenol.com website and click on “Children’s Tylenol News.”

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: DEFECTIVE PRODUCTS

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In March 2008, 18-year old Stephanie Kuleba of Boca Raton, Florida went in for breast augmentation surgery. However, during surgery she suffered and died from malignant hyperthermia, a condition in which a person goes into cardiac arrest from a reaction to certain drugs used for general anesthesia.

On Wednesday, September 23, according to the Palm Beach Post, Joanne and Thomas Kuleba, parents of Stephanie, have filed a medical malpractice lawsuit against Dr. Steven Schuster and other doctors for failure to properly treat their daughter. The Kulebas are seeking damages and calling for a ban on general anesthesia being administered at outpatient centers because they believe that outpatient centers are ill-equipped to deal with emergencies.

The American Society of Plastic Surgeons reports that there were 1,669,026 plastic procedures performed in 2008, of which 307,230 were procedures for breast augmentation; by far the most popular plastic surgery procedure. Moreover, teenagers 18-19 years old accounted for 8,983 of these procedures, about three percent of total patients. An ASPS story cited a 2004 study showing that less than one fourth percent of office-based surgeries resulted in death. Though this number seems small, the fact that kids are now electing to have plastic surgery at a young age shows that this is a matter of growing concern.

There is no doubt that advances in technology and developments in plastic procedures in recent years have made it safer, less expensive, and in some cases less invasive and with a shorter recovery time. However, as this story shows, even surgeries which by today’s standards are considered “routine” can have severe consequences. Despite the fact that Florida is filled with professional, reputable and distinguished doctors, things can go wrong and there are always risks involved when you go under the knife.

There are many precautions you can take before undergoing surgery. The most important step is to talk to your doctor about risks involved, learn as much as you can about the procedure, and be sure to notify the doctor of any conditions or health risks you have before undergoing any kind of surgery.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: MEDICAL MALPRACTICE

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Bruce Barber, a money manager based out of Fort Lauderdale, Florida, and his wife and child were identified as passengers aboard a plane which crashed in the Everglades, south of the Palm Beach County line and west of Highway 27, according to WPTV NewsChannel 5. The plane was reportedly returning from Gainesville back to Fort Lauderdale when the accident occurred on Sunday evening.

There is speculation that the plane was heading back from the Florida-Tennessee game, as Barber was a known fan of the Florida Gators. The pilot reported some trouble on the Piper A32 single-engine plane before the crash.

Earlier, WPTV reported that two bodies were found and that there had been no confirmation as to whether Barber was on board. The names of the victims had not been announced, although the plane was registered to Barber. However, according to a WPTV update, a family friend stated that Barber, his wife Karen and son Payton were all on board. Phil Marsh, a friend of the family, was also on board.

The National Transportation Safety Board will investigate the plane accident to identify the cause, using airboats to conduct their search.

An NTSB table shows that there were 1,559 General Aviation Accidents last year, of which 275 were fatal. This is only a small decrease from the 1,650 accidents in 2007. However, the trend shows an overall steady decline in general aviation accidents since 1989, which reported 2,242 accidents, of which 432 were fatal.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AVIATION ACCIDENT

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On Saturday, September 19, three people were injured and a man was killed in an auto accident near Boyton Beach, Florida. The accident occurred at about 11:15 a.m., according to the Palm Beach Post.

According to the Palm Beach Sherriff’s Office, which overseas 14 districts in one of South Florida’s largest counties, the man, whose name was not released, was driving his Hyundai Sonata westbound on Le Chalet Boulevard near Military Trail when his car veered to the left and ran into a palm tree in the median. The crash is still under investigation.

The three other three passengers in the car, two women and one man, were injured and taken to the JFK Medical Center in Lake Worth. So far, no updates have been available as to their condition. The man who died was taken to Delray Medical Center.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS

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The Palm Beach Post reports that a hearing will be held in Miami, Florida for a class action lawsuit against Proctor and Gamble Co., makers of Fixodent, and British-based GlaxoSmithkline, makers of National Institute of Health. Among the product liability claims are the defective nature of the creams, failure of the companies to warn of potential danger, and failure to take corrective measures.

In 2008, a report from the Neurology medical journal stated that there may be a link between zinc in denture cream and nerve damage. Four patients in the study used excessive amounts of denture cream and reported nerve disorders, according to doctors at the University of Texas Southwestern Medical Center. The report noted that the study was not conclusive, but further investigation is warranted. However, too much zinc can purge the body’s level of copper.

The companies maintain that the zinc contents found in their denture creams are safe when used as directed and should not be used to aid with poor-fitting dentures. While a tube of denture cream should last three to 10 weeks, the four patients in the study used excessive amounts of denture cream. Both Proctor and Gamble and GlaxoSmithKline have taken steps to address the issue, providing sections on their websites about zinc and distributing informative leaflets with their denture cream products.

While the American Dental Association also noted that the correlation between zinc in denture cream and neurological problems has not been proven, it cautioned individuals to refrain from overusing the products.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: DEFECTIVE PRODUCTS

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On Friday, September 11, a South Florida water and sewer worker was injured when he fell into a sewer vault. The man, Andre Brown, was backing his truck up on the 1800 block of NE 150th street in Miami when he stepped outside to see if he had enough room. Upon heading out, he stepped onto a sewage vault valve box. The vault was covered with rotted plywood and he fell 10 feet into the vault through, injuring his leg, the Miami Herald reported.

Members of the Miami-Dade Fire Rescue were brought in to rescue Brown from the sewage vault. The hazardous materials and rescue teams led the rescue, which involved providing oxygen to Brown while monitoring the vault for any dangerous gases. The teams were able to pull Brown to safety after about a half hour. He was then taken to Ryder Trauma Center at Jackson Memorial Hospital in Miami in serious condition.

The Ryder Trauma Center at Jackson Memorial, which treats resuscitation, emergency surgical intervention, treats about 5,000 patients a year. In the 2007-2008 year, Jackson Memorial had 49,389 hospital admissions for inpatient services.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: CONSTRUCTION ACCIDENTS

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On Monday, September 14, a gas tanker on the Florida Turnpike crashed with a van near Okeechobee Road, causing the tanker to overturn. The auto accident occurred on the southbound lanes at about 2:30 a.m. The Turnpike was closed for about nine hours.

According to Miami-Dade Fire Rescue, the van was pulled over on the side of the road due to a flat tire, JustNews.com reported. The tanker tried to swerve to avoid the vehicle, but in doing so jackknifed, causing the tanker to overturn.

Both the driver of the van, Emilio Martinez-Rodriguez, and tanker’s driver were taken to the hospital. Due to the accident, Martinez-Rodriguez was launched out of the vehicle and suffered serious injury. The tanker contained 9,000 gallons of gas, so fire rescue sprayed foam on the spill to prevent ignition. The truck was finally moved from the road at about noon, after fire crews emptied the gasoline from the tanker.

According to the Miami Herald, because the valves which are normally used to empty the tanker were damaged, the emptying process was more difficult. Crews had to drill through metal while pouring water on the site to prevent fire or sparks from causing an explosion.

The area had to be inspected by environmental experts to determine the safety of the road. If the gas cannot evaporate quickly and soil needs to be dug up, further delays on the Turnpike will be required.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS

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California-based company Muranaka Farm Inc. is recalling over 1,000 cases of parsley which were distributed to over 10 states throughout the U.S. due to possible salmonella contamination. The company decided to recall the cases of 60-count parsley, bunched with a rubber band, lot code 0023909, when a sampling aided by the FDA showed signs of bacteria.

The Palm Beach Post reported that 60 cases of Parsley were distributed to Florida. There were also 35 cases delivered to Colorado, 574 to California, 278 in Texas, and 30 in Arizona, to name a few. So far no illnesses have been reported.

According to WebMD, there are 40,000 cases of salmonellosis reported every year in the U.S. Symptoms include fever, diarrhea, and abdominal cramps. Most of the time, salmonella passes with time and with minor treatment such as drinking fluids to prevent dehydration, but in some cases it can lead to Reiter’s syndrome, which can lead to arthritis.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: DEFECTIVE PRODUCTS

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On September 3, a 34-year-old man who fell off a Carnival cruise ship was later rescued by a Disney cruise ship about 30 miles off the coast of Port St. Lucie, Florida. According to a story by InjuryBoard.com, the man was aboard the Carnival Sensation and was treading water for about an hour and a half. The Disney Wonder and the U.S. Coast Guard responded to notification that the man had gone overboard and the man was rescued at about 12:45 a.m.

The Brevard County Sheriff’s Office determined that the man jumped off the boat from a stateroom balcony, according to MyFoxOrlando. One passenger said that they heard the man arguing with a woman, threatening to jump, shortly before he fell overboard. The Carnival ship stopped, and the crew attempted to send a rescue vessel, but it tipped over. The man was eventually brought back to Port Canaveral. He was taken to the hospital for evaluation.

Injury Board reports that Carnival has had eight people go overboard this year, and 38 since 2000, which is the most of any cruise line, according to Ross Klein, who runs the Cruise Junkie website. Incidents such as this are not uncommon to cruise lines. Last year, ABC News reported on a Florida woman, Jennifer Ellis Seitz, fell over the balcony of the Norwegian Pearl on Christmas night. A week later, an employee of the Carnival Sensation went overboard off the coast of Florida.

An expert also told ABC that in 2008, 16.8 million people took cruises, with 11 million being Americans. The concern is that most of these accidents occur on large commercial ships which carry thousands of people onboard. As ticket prices go down and trips become more popular and more available to younger guests, issues with excessive drinking and lack of supervision and safety become a great concern. However, cruise lines have responded with security cameras and increased training for personnel on board.

Cruising is especially an important issue in Florida, with its many ports in Tampa, Miami, and Canaveral, among others, and availability of cruises from all the major lines such as Norwegian, Carnival and Royal Caribbean. Because all cruise lines are not impervious to accidents, groups such as International Cruise Victims have formed to aid cruise victims by pushing for legislation and providing a forum for discussion and reporting on cruise accidents.

It is important to note that the handling of Cruise Ship Cases is a specialized area of Personal Injury Law. Most personal injury attorneys do not handle these cases on a regular basis and as such are not aware of the specific laws concerning cruise ship negligence cases. For example, in a typical personal Injury or negligence case, pursuant to Florida Stautes an injured party has four years from the date of injury in which to pursue his claim in a court of law. On the other hand, in a Cruise Ship negligence claim, the passenger ticket is viewed as a valid contract and contains a clause which places limits on the time and place of an injured passenger's claim for injury. Pursuant to contract, an injured passenger has only one year from the date of injury in which to file a claim in a court of law for their injuries and most passenger ticket contracts also mandate that any lawsuit for personal injury must be filed in a specific forum; which is usually Miami Federal Court. Our firm is fully aware of the intricasies of cruise ship cases and has successfully represented numerous clients who have been injured in cruise ship accidents in the Miami Federal Court System.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: CRUISE SHIP ACCIDENTS

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A new videotape has been found which may aid former New York Yankee Jim Leyritz’s DUI manslaughter case which was to begin this September. In 2007, at about 3:19 a.m. in Fort Lauderdale, Florida, police claim that Leyritz was drunk and ran a red light, causing an auto accident and killing 30-year-old Freida Veitch of Plantation.

According to the Miami Herald, the videotape, recorder a half block from the accident from a light pole, reveals a time stamp which is sooner than what has been alleged, and could aid Leyritz’s defense by casting doubt on the toxicology results. The defense says that the earlier time span from which the accident occurred would call to question the effect that alcohol had on Leyritz’s driving.

If convicted, Leyritz could face 15 years in prison. He is currently out on bond awaiting trial which, because of the surfacing of this video, may be postponed until as late as January. Leyritz faced legal troubles earlier in July when his ex-wife accused him of domestic battery.

This story Jim Leyritz is unfortunately one of many similar stories of late putting the spotlight on the consequences of drunk driving in South Florida. In March, professional football player Donte Stallworth pled guilty to DUI in an auto accident in Miami Beach, which resulted in the death of a pedestrian. In July, actor Jeffrey Donovan, star of USA’s hit series ‘Burn Notice’ was also arrested in Miami Beach on suspicion of DUI when he almost hit a police car.

South Florida has been a hot spot for celebrities for many years, from professional athletes to stars of the stage and screen. Florida’s beaches and cities known for their nightlife such as Fort Lauderdale and Miami attract visitors from all over the world. However, average citizens and celebrities alike are all subject to the same laws and regulations. Every person is innocent until proven guilty in our legal system and each case must be looked at under its given circumstances. Florida’s laws are in place to assure us that our streets are safe, and that those violators, whether an everyday resident or a high-profile celebrity, will be punished fairly and without any preferential or unreasonably harsh treatment.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , DUI DRIVER

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A man in the Miami-Dade area is suing an urologist for malpractice after undergoing a penile-implant surgery which resulted in an infection and the removal of most of the man’s penis.

According to the Miami Herald, 62-year-old Enrique Milla claims that South Florida urologist Dr. Paul Perito performed the surgery, done to treat erectile dysfunction, without informing him of the risks involved with penile implant procedures among people with diabetes. The procedure was done in August of 2007. An infection developed which led to gangrene, ultimately resulting in the removal of most of the man’s penis. Furthermore, Millas is now also unable to have sexual intercourse and must sit down to urinate.

Dr. Perito is based in Coral Gables, FL and is considered a leader in penile implant surgery. According to his website, Dr. Perito has performed over 2,000 penile implant surgeries, and “The Perito Penile Implant” was developed by the doctor through his many years of experience. Both sides differ on their opinion as to whether diabetes is a factor which would make such as surgery too risky to perform.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: DEFECTIVE PRODUCTS , MEDICAL MALPRACTICE

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A cyclist was found dead from an auto accident on Friday, August 28, in an auto accident which occurred shortly after midnight on State Road AIA in Fort Lauderdale. The Miami Herald reported that the cyclist was heading northbound when a Mercedes Benz, also headed northbound, collided with the cyclist.

Police had not released the man’s name because they had yet to notify the family. The cyclist was pronounced dead at Broward General Medical Center. Police continue to investigate whether the driver was under the influence at the time of the accident.

While driving under the influence is speculative in this case, it brings up a concern that Florida drivers are no stranger to. Concerns for drunk driving grow on holiday weekends, such as this weekend’s Labor Day. According to a study referred to in a previous blog entitled "Broward County auto accident puts eight in hospital", last year there were 36 fatalities on Labor Day weekend, 12 of which were alcohol-related. That same study showed that, in 2008, there were 4,380 bicyclist injuries and 118 bicyclist fatalities in traffic accidents.

The Florida DMV calculates that, in 2006, there were 1,606 DUI convictions in Broward County and 1,824 convictions in Miami-Dade County. Statewide, there were 34,638 convictions. While this reflects an 8 percent decrease from 2005, the numbers are staggering.

However, Florida has enforced strict laws to crack down on drunk driving. Florida’s zero tolerance law enforces an automatic 6-month suspension for any driver under the age of 21 who has a blood alcohol level (BAL) higher than .02. The level for drivers over 21 is .08. The effect is that a driver under 21 in Florida cannot have a single drink of alcohol and get into a vehicle.

With warnings of DUI road stops and increased police force during these weekends, and the risk of serious and fatal injury, drivers are encouraged to do all that is necessary to prevent from driving under the influence. The abundance of taxis in large South Florida cities such as Miami have given drivers a safe alternative. For others, choosing a designated driver or finding activities that don’t involve alcohol will ensure a safe ride home for ourselves and for others as we celebrate a great Labor Day weekend.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , BICYCLE ACCIDENTS , DUI DRIVER , WRONGFUL DEATH

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On Monday, August 31, a jury awarded 48-year-old Michael Livington of Boston, MA, $2.3 million for injuries he suffered at the Boomers! in Boca Raton, Florida.

According to the Palm Beach Post, the accident occurred on May 15, 2005, in which Livington fell from a 25-foot rock climbing-wall, due to a hydraulic cable falling from the top of the wall. Livington suffered a broken ankle, which had to be fused.

Boomers is a family entertainment center, home to many games and attractions such as go-karts, laser tag, and bumper boats. Boomers, with two South Florida locations – Boca Raton and Ft. Lauderdale – is owned by Palace Entertainment, which owns many other popular parks such as Wild Waters and Silver Springs, both located in Ocala, Florida.

Amusement parks have been a staple in America for many years, from the large world-renowned parks of Walt Disney World “need to link to Disney article” to smaller establishments such as Boomers. In 2007, a survey by the International Association of Amusement Parks and Attractions showed that 1,309 ride-related injuries occurred, with 35 considered “serious”.

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Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AMUSEMENT RIDE ACCIDENTS

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