Impaired Driving May Have Been A Factor in Crash That Seriously Injured Elderly Couple

Charges are currently pending against a Boynton Beach man as investigators are awaiting test results to determine whether or not alcohol or drugs was a factor in a serious motor vehicle accident. The Sun Sentinel is reporting that Alexander Worrall, an 18-year-old male, was driving a Ford SUV which struck the right side of a 2009 Hyundai Sedan being driven by Maurice Gartman, age 85. Apparently, Mr. Gartman and his passenger wife, Evelyn, age 82, traveled west on Old Boynton Beach Road on Wednesday, December 7, 2011. As Mr. Gartman made a left turn onto Military Trail, a SUV which traveled southbound and was being driven by Worrall ran a red light and crashed into the elderly couple’s vehicle. The couple were seriously injured and taken to the Delray Medical Center in critical condition and required intensive care treatment.

It is always devastating to find out that someone has been seriously hurt or die as a result of a drunk or drugged driver. And, according to the National Highway Traffic Safety Administration latest report, in 2009, there were 32,807 persons killed in an alcohol impairment crash. Drinking and drugged driving still remains a national problem, despite strict driving while intoxicated (DWI) and driving under the influence (DUI) laws.
Our Fort Lauderdale motor vehicle accident attorneys cannot stress enough how often we hear from the families of those who loved ones who have become permanently or totally disabled, or died as a result of driver alcohol or drug impairment.  Once again, drunk, drugged or buzzed driving is a major cause of automobile crashes and commonly results in serious injuries and deaths.

Further, we feel that it is important to raise awareness of this issue since many of you will be celebrating the coming of a new year this weekend. As you celebrate your New Year Eve’s festivities, please remember to not drink or drive; or ride with someone who does. Taxi companies and the Tipsy Tow program sponsored by AAA are offering safe rides as a community prevention effort to save lives. Tipsy Tow is not a national program, but will providing this service throughout the state of Florida, according to the AAA Newsroom website. If you have questions, you can contact AAA Auto Club South.

Although our Fort Lauderdale motor accident injury lawyers realize that most persons know that if they are convicted of drunk or drugged driving, they will receive some type of criminal punishment, however, many will still take the risk to drive while impaired. Still, what many fail to know is that they could also face severe civil punishments as a result of them causing someone to become permanently and totally disabled, or having to  under go costly rehabilitative and therapy sessions; or having to worry about funeral expenses when a loved one has died as a result of their poor judgment.

But, our Fort Lauderdale car crash attorneys understand the devastation of losing a loved one and the variety of unduly economic burdens injured persons or their families endure as a result of another’s negligence. Depending upon the nature of the accident, claims based upon drunk or impaired driving may be filed under the negligence theory of tort law. A tort is a civil wrongdoing and the law provides a remedy when a wrongdoer inflicts injuries upon another. Essentially, negligence can occur when a drunk driver fails to exercise his or her standards of reasonable care under the circumstances and causes someone else to become injured. And when the courts have determined that he or she is the responsible party for the hurt inflicted upon another, monetary compensation can be awarded to recover costs for medical expenses, lost income and pain and suffering.

All of our Fort Lauderdale personal injury attorneys wish you and your families a Happy and Safe New Year. And if you or a loved becomes injured as a result of another’s negligence, contact our office to discuss your case.

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Personal Injury Lawsuit Filed Against Wal-mart By Mother and Son

In July, an Orlando mother and her son filed a personal injury lawsuit against retailer Wal-Mart, alleging they were assaulted by store security officers. According to the Orlando Sentinel, on November 14, 2009, the plaintiffs Paula and Justin Ohle were shopping at the retailer’s location in Orange County and had purchased a television. Apparently, after opening the box, they discovered that the package contained a different television other than the one they believed they had purchased. Thereafter, they contacted store management and claimed that they were told they would be issued a refund. But, according to the report, the plaintiffs said that when they tried to return the television, they were confronted by store security who attempted to remove them by force.

Further, Plaintiff Paula Ohle alleges in the lawsuit that store security pushed her to the ground and “violently” subdued her son. Additionally, the plaintiffs contend that they were falsely accused of committing crimes. Both plaintiffs were arrested as a result of the incident. Plaintiff Paula Ohle was arrested on trespassing and battery charges, and her son Justin Ohle was arrested on trespassing and resisting an officer without violence. According to police reports, the plaintiffs became very upset after store security refused to let them return the television and Paula Ohle punched the security officer. However, the State Attorney’s Office dropped charges against Paula Ohle saying that the charges were not suitable for prosecution. Justin Ohle’s charges were dropped after completion of a pre-trial diversion program.

Based upon this report, it is unclear whether or not the security officer was an employee or had been performing duties as an independent contractor of Wal-Mart. The status of an individual who performs work related duties for a company or business is an important factor when attempting to seek recovery for damages in a personal injury lawsuit. However, a Fort Lauderdale personal injury lawyer knows that there are viable legal doctrines in which individuals can seek in order to recover damages for injuries sustained in a similar incident.

Most Fort Lauderdale personal injury lawsuits of this nature involve some form of negligence. And a civil action can be commenced against a company or business based upon the legal doctrine of respondeat superior. Under this legal principle, an employer can be held vicariously liable for any tortious acts which are committed by its employees during the scope of his or her employment. In other words, when an employee commits a tort against a customer, or business invitee, the courts can impose liability upon the employer. A customer is a business invitee when he or she visits the place of business for the purposes of conferring a legitimate monetary or business benefit to the business owner.

Although generally, there is a no-liability rule in cases that involve businesses and independent contractors; however, there are exceptions to this rule. And, Fort Lauderdale negligence attorneys can help individuals recover damages in a civil action when the tortious acts are committed from the actions of independent contractors. This type of claim arises when liability can be imputed directly to the employer due to the employer’s own negligence. For example, when the employer is negligent in hiring a competent contractor.

If you or a loved one has been involved in a similarly situated incident you should speak with a Fort Lauderdale employee assault attorney who can advise you whether or not you have a legal claim to recover damages for any injuries or harm which you have sustained.

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Retailers Remove Enfamil Newborn Formula As a Result of a Missouri's Infant Death

Retailers Remove Enfamil Newborn Formula As a Result of a Missouri's Infant Death

Last week, our Fort Lauderdale personal injury law firm received information that national retailer, Wal-Mart,  removed the Enfamil Newborn formula product from more than 3,000 of its nationwide stores. The decision to pull the formula from the shelves, which is packaged in the 12.5 ounce cans with the lot number ZP1K7G, was the result of a report suspecting that a 10-day-old Missouri infant had died after consuming the milk and who subsequently developed a bacterial infection. According to the Orlando Sentinel, a spokesperson for Wal-Mart say that the decision to pull the product from the stores was done until further information is learned and that it could be returned to the shelves. Apparently, the infant died from the bacterium, Cronobacter sakazakii.

Also, health officials are investigating another infant’s death which occurred in the state of Illinois. Since the announcement of the Missouri infant's death, investigators are looking into the cause of death of the four week premature infant who died on Wednesday, December 21, 2011. An autopsy report did not indicate that an infection or disease was a factor in the Illinois infant’s death, but blood tests have been ordered due to the reports of possible powdered milk contamination. However, a third infant, also from Illinois, became ill after powdered formula consumption, but later recovered in a Missouri hospital. Thus far, the government has not issued a recall, however, the Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA) officials have began conducting their own independent tests from samples of the same batch of formula to determine whether or not the Enfamil product is contaminated.The CDC and FDA claim that it could be several days before the results of the tests are known.

On Sunday, December 25, Mead Johnson Nutrition, the manufacturer, announced that its own testing from samples of the suspected contaminated batch shows that the product is free from the Cronobacter sakazakii bacterium and that its product is safe for consumer use.  Cronobacter sakazakii, formerly Enterbacter sakazakii, is a rare bacterium that causes infection that can lead to death and serious illnesses in infants. According to the CDC, Cronobacter “have been frequently isolated from the environment, plant material (wheat, rice, herb and spices) and various food products including powdered infant formula (PIF)”.  Also, the CDC reports that even though the infection can affect across all age groups, neonates born with low birth weights or premature are highly susceptible to severe injuries or death because the infection can cause neonatal meningitis, sepsis, necrotizing entercolitis and neurological impairments.

Common symptoms of a cronobacter sakazakii infection include seizures, vomiting, irritability, jaundice, instability of body temperature, brain abscess, and fever. Florida parents can review all other symptoms associated with this devastating disease by visiting the  CDC’s website or by contacting their pediatrician or medical provider. If you believe that your child suffers from any of these symptoms, you should contact a physician immediately because this disease can cause fatality. To prevent or reduce the occurrences of Cronobacter sakazakii infection, parents are advised to use PIF according to the manufacturer’s recommendations.

Our Fort Lauderdale childhood injury lawyers are also here to answer any legal questions you have may if you suspect your child has been infected with Cronobacter sakazakii. Also, it has been reported that other retailers, including Walgreen, Kroger Co., Safeway, and Supervalue, Inc. have also removed the product from its shelves.

As Fort Lauderdale product liability attorneys we recognize that parents have different feeding options for their infants, however when the choice is made to use PIFs, these products should be free from any contaminated materials prior to being sold on the market.  If you believed that your child became seriously ill or suffered death due to Cronobacter sakazakii, or from contaminated powdered infant formula, you should contact an attorney to discuss what legal options are available to you.

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Texting While Driving Fatal Crash Results in Family Being Awarded $8.8 Million

The Sun Sentinel is reporting that a Miami-Dade jury has awarded $8.8 million to a family of a mother killed during a texting while driving automobile crash. In 2008, the descendant was a passenger in a vehicle which was driven by her husband. The coupled traveled eastbound on Bird Road when the Defendant, then 17-year-old Luis Cruz-Govin, drove a Subaru and slammed into their vehicle. The impact of the collision resulted in the death of Myriam del Socorro at the scene of the accident and her husband, Willis Torres, sustained serious internal injuries, including substantial abdominal bleeding and a laceration from his chest to his stomach. Further, evidence presented in this case revealed that the teenager traveled at a speed between 61 and 69 miles per hour (mph) in a 40 mph zone and that he had sent an outgoing text message at 8:19 p.m… Paramedics were called to the scene at 8:21.

Govin was charged with speeding and reckless driving. He was sentenced to pay a $2,000 fine, a six-month license suspension and had to complete a court-ordered advanced driving course. Our Fort Lauderdale automobile accident attorneys believe that texting while driving is distracted driving that causes serious injuries and deaths. We wish that motor vehicle operators recognize the grave nature of this activity while driving and the lasting impact it has on the injured parties and their families when someone is seriously hurt or killed as a result. Perhaps, our Florida legislature in the upcoming legislative session will follow the recent recommendations of the National Transportation Safety Board to the government, and ban the use of cell phones and texting devices during driving in Florida. Currently, the state of Florida does not have any restrictions placed on texting while driving, despite there being accidents in which texting while driving was a significant factor involved in a crash that injured or killed someone.

Moreover, in its 2009 study of distracted drivers of commercial vehicles, the Virginia Tech Transportation Institute concluded that “texting should be banned in moving vehicles for all drivers”. Additionally, the study’s preliminary findings revealed that when a driver texts for 6 seconds, he or she is actually looking at their cell phone for 4.6 seconds of that time. As Fort Lauderdale personal injury attorneys hired to represent individuals who have been seriously hurt in a motor vehicle collision, or are a family member who has lost someone who was killed as a result of distracted driving incident, we gather and investigate all the facts and evidence to prove that the other driver was negligent. We will even subpoena cell phone records to present as evidence to support our client’s claims and establish the liability of the other driver.

It is always best to contact a Fort Lauderdale car accident lawyer if you have suffered a personal injury during a distracted driving crash. You may have a legal claim and may be able to recover damages for your personal injuries and property damages which were caused by the negligence of the other driver.

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Birth Related Neurological Injuries and the Florida Birth-Related Neurological Injury Compensation Plan

In 1988, the Florida Legislature enacted the Florida Birth-Related Neurological Injury Compensation Act. Under the Act, the Florida Birth-Related Neurological Compensation Association was established. The association is the state administrative agency which administers the Florida Birth Related Neurological Injury Compensation Plan. Often, the program is referred to as the NICA fund, or NICA program. Under NICA funding, a limited class of birth-related neurological injuries qualify for compensation. Essentially, when an infant sustains a birth-related neurological injury, parents may file a claim with the agency for NICA funding, instead of commencing a medical malpractice lawsuit against the physician, hospital or other healthcare provider. By doing so, a parent will be deemed to have given up their common law rights and remedies, and the participating physician, hospital, or other healthcare provider is considered immune from liability. This system, which is designed upon a no-fault basis, was created by the legislature as an effort to reduce the costs of medical malpractice insurance for obstetricians. However, in order for parents to receive compensation for their child’s injuries, the physician, hospital or other healthcare provider must be a NICA program participant.

Filing a claim can be complex matter and whether or not a child is covered will be determined by an Administrative Law Judge (ALJ). The ALJ is required to consider whether the injury claimed is a birth-related neurological injury, if the physician was a participating physician under NICA and was delivering obstetric services in the course of labor, delivery, or resuscitation in the immediate post delivery period in the hospital; and the amount of the award which is compensable. Our Fort Lauderdale medical malpractice attorneys handle these types of cases and are here to guide parents through this intricate procedure.

Recently, the Supreme Court of Florida held in Florida Birth-Related Neurological Injury Compensation Association v. St. Vincent’s Medical Center, Inc., et.al. , that in order for a birth-related neurological injury to occur, the injury must be caused by a deprivation of oxygen which renders the infant permanently and substantially impaired, must occur during labor, delivery or resuscitation in the immediate post delivery period. Since Plaintiff Bennetts and the NICA fund petitioned the court for discretionary review, the Court granted review.

Plaintiffs Robert and Tammy Bennett claimed that their daughter, Tristan Bennett, sustained permanent and substantial brain damage as a result of the alleged medical malpractice of William H. Long, M.D., and St. Vincent’s Medical Center, Inc., in addition to other medical care providers. On September 21, 2001, Tammy Bennett was involved in a car accident and was transported to a nearby hospital where fetal testing was conducted. After the results of the testing, Tammy Bennett was transported by helicopter to the St. Vincent’s Medical Center where she declined into kidney failure. Subsequently, Dr. Long, her obstetrician, performed a cesarean section. According to the hospital records, after being born, Tristan “did not cry, had minimal respiratory effort, and required resuscitation with bulb, free flow oxygen, mechanical suction, and bag and mask ambu.”

Thereafter, Tristan was transferred to the special care nursery for medical treatment due to “moderate respiratory distress and metabolic acidosis.” Further, the hospital records indicated that the infant responded well to treatment, resuscitation efforts ceased, became stabilized and was sent to the hospital’s regular infant nursery. However, on October 3, she began to demonstrate signs of seizure activity, neurological decline and “suffered from prolonged and severe acidosis”. On October 5, testing conducted concluded Tristan had suffered permanent and substantial neurological damage. Her parents filed a civil suit against Dr. Long, St. Vincent’s Medical Center, and other defendants. NICA intervened and took the position that the infant’s injuries were not a birth-related neurological injury under the scope of the NICA statue. The circuit court abated the civil suit so that the administrative agency could determine whether or not Tristan injuries qualified for NICA funding. The ALJ ruled that Tristan injuries did not qualify for NICA funding.

At issue during the administrative hearing was the timing of Tristan’s birth. The ALJ ruled that Tristan’s injuries did not qualify under NICA funding because there was a second incident of oxygen depravation which occurred on October 3, 2001 and was not caused during labor, delivery or resuscitation in the immediate post delivery period. The First District reversed the ALJ’s decision and held that under the NICA statutory scheme, the phrase, “immediate post delivery period in a hospital” was to be construed to extend to the time an infant spends time in a hospital for medical treatment for a life threatening condition that requires close supervision. Therefore, according to the court, from the time of Tristan’s delivery until October 3, Tristan suffered oxygen depravation which required her to spend time in a special care nursery at the St. Vincent’s Medical Center. From the court’s perspective, Tristan’s special care nursery time constituted the time for resuscitation in the immediate post delivery period in the hospital for purposes under the NICA plan.

In reviewing this case de novo, the Court stated that NICA statutory interpretation is to be interpreted by its clear and unambiguous meaning, and strictly be construed to involve only those incidents which occurred during the statutory mandated period. The Court held that the First District erred by expanding the statutory meaning to include the time from Tristan’s birth by cesarean section all the way through the events on October 3. The Court reasoned that under NICA statutory scheme, birth-related neurological injuries caused by oxygen depravation, which renders an infant permanent and substantially impaired, must occur during labor, delivery and resuscitation in the immediate post delivery period which does not include any additional expanded period of time unless the resuscitation effort is one which is a continuous and ongoing effort. Additionally, the First District’s statutory interpretation would extend to those situations in which an infant is transferred from a delivery room and the obstetrician relinquishes his or her responsibility of the infant to other healthcare providers. Further, since the healthcare providers ceased resuscitation efforts on Tristan prior to October 3, the Court affirmed the ALJ’s decision and remanded the case to the First District. Also in this case, the Court ruled on the issue of benefit entitlement to the NICA statutory rebuttable presumption of compensation.

If you are a parent and your child was born with a birth-related neurological injury, since every case is different, you should consult with a Fort Lauderdale birth injury attorney who can provide you with legal advice regarding your circumstances.

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Hazing Incident Prompts Florida A & M University Student to File Civil Suit

Our Fort Lauderdale personal injury law firm has recently learned that a Florida student has filed a lawsuit against the Florida A&M University (FAMU) as a result of an alleged hazing incident. Bria Hunter, until recently, attended the school as a freshman, and claims that her thigh bone was broken by three members of the marching band. Criminal hazing charges have been filed against all three band members of the Red Dawg Order, and two are facing criminal felony battery charges. Recently, investigators ruled the death of a young male involved in one alleged incident as a homicide.

According to ABC news, Hunter informed the authorities that her hazing initiation began in September. On October 31, she alleges that two members beat her on her thighs more than 20 times with their fists, and on November 1, she was struck on her thighs with a metal ruler. On November 7, she visited a physician and discovered that she suffered from a crack femur, had bone swelling and blood clots had formed in her legs. Other pledges have confirmed Hunter’s allegations and informed police that they witnessed the young men strike her in the legs and also say that two of them went too far in punishing her. Apparently, Hunter believes that she was singled out because she was allegedly the leader of the pledges.

Days after Hunter became aware of her personal injuries, on November 19, Robert Champion died, and the medical examiner in Orange County, Florida ruled the death as a homicide resulting from being beaten during a hazing incident. Hazing, which is illegal in the state of Florida, is considered a ritual involving various activities such as abuse. Fort Lauderdale civil assault lawyers acknowledge that these types of activities are usually required in order to become a member of a group or club. When most people hear of hazing activities they usually think of those activities associated with fraternities and sororities, although there are other organizations which perform this secretive ritual. Further, it is reported that each year, at least one student dies as a result of hazing.

Courts have considered many activities as hazing including physical touching (pushing, shoving or striking a person), cursing, marking or branding an individual, depriving persons of sleep, requiring indecent exposure, and preventing personal hygiene. Like Hunter, many students feel compelled to participate in hazing related activities because they want to belong to a group. However, hazing that involves physical injuries, humiliation, and embarrassment is victimization. And those who inflict hazing practices upon another that cause them serious injury or death should be held accountable for their actions. There are criminal and civil consequences an individual could face as a result of the practice.

Our Fort Lauderdale hazing lawyers represent injured parties and families who have lost a loved one as a result of hazing. If your loved one has died, you could have a legal claim involving a wrongful death suit. You should contact an attorney today to discuss your unique circumstances with a qualified attorney and to learn about your legal alternatives.

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Comparative Fault Is A Factor in Florida Crash Cases

Head and brain injuries are major causes of death. Blunt force to the head can cause the brain to bounce against the inner wall of the skull. As a result, the brain is injured and loose function. The Centers for Disease Control and Prevention reports that each year, 1. 7 million people suffer from a traumatic brain injury (TBI). And among that group, 52,000 people in the United States die each year from this type of injury. A TBI, which can range in its severity, can cause permanent disability including speech impairment and neurocognitive defects. Although falls are the leading causes of a TBI, motor-vehicle traffic injuries is the leading cause of a TBI related death, and these rates are highest among adults between the ages of 20 to 24 years of age, according to the Centers for Disease Control and Prevention.

In February, a Delray police sergeant suffered traumatic injury to his head and was killed during a one car crash. According to the Sun Sentinel, a final investigation of this horrific crash determined that Sergeant Adam Rosenthal had been running late for an early morning shift, was speeding at 70 mph and was not wearing his seatbelt. After losing control of the police vehicle he drove that morning, his car begun “yawning back and forth” on the roadway and ultimately the passenger side of the vehicle struck a tree. The speed limit for the curved section on the highway which he traveled is 45 mph. A later autopsy report concluded that he died from blunt force trauma to the head.

It is also believed that Rosenthal may have been distracted by his patrol car’s computer, as reported by the Sun Sentinel. However, based upon the final investigation, the computer indicated that his seat belt was not buckled during the crash. Our Fort Lauderdale car accident attorneys send our sincere condolences to his family.

Nevertheless, when people are hurt or killed during an automobile accident, an investigation is usually conducted to determine whether or not the vehicle has held up according to the manufacturers’ safety standards. Our Fort Lauderdale injury attorneys recognize that the performance of the vehicle is an important factor in evaluating a cause of death or injury during a motor vehicle collision. If it is determined that the automobile had a performance defect, a vehicle manufacturer could be held liable by failing to provide vehicle occupants safe protection in the event of a motor vehicle crash, based upon the legal doctrine of crashworthiness.

Basically, under this doctrine, a manufacturer of a motor vehicle could be liable if it is determined that the airbags of the vehicle were defect, or did not deploy correctly at the time of the crash. Additionally, until recently, comparative fault was not an issue in claims involving crashworthiness. Comparative fault, or comparative negligence, is a defense in which defendants claim that a plaintiff in a motor vehicle negligence action was partially at fault for causing the accident.

There is Florida case law history on the issue of crashworthiness and comparative fault. In 1968, in Larsen v. General Motors [391 F2d 495], the Court determined that manufacturers are responsible for making their vehicles as reasonably safe as possible in the event of a collision and liable for damages a person sustains during an automobile crash. However, in 2001, the Supreme Court ruled that vehicle manufacturers are only responsible for enhanced injuries, in D’Amario vs. Ford Motor Company [806 So. 2d 424 (Fla. 2001)].

Basically, in D’Amario, the Court ruled that under the theory of recovery involving crashworthiness, a plaintiff could recover for a secondary injury caused by a manufacturer’s defective product. Secondary injuries are additional injuries which result after an initial accident. For example, in D’Amario, the plaintiff was a minor passenger in a motor vehicle that had struck a tree. Subsequently, a fire engulfed and the minor plaintiff suffered serious personal injuries including burns and the loss of three limbs. Moreover, minor plaintiff sued the Ford Motor Company and argued that Ford had manufactured a defective relay switch on the vehicle in which he was a passenger, and but for Ford’s negligence, he would not have been injured. He argued that the defective relay switch caused the fire.

However, Ford defended and argued that it was the initial impact which was caused by the negligence of an alleged intoxicated and speeding driver of the vehicle, and not the relay switch. But, the minor plaintiff argued that he was not seeking damages from the initial impact, but on the second accident; the fire explosion. The jury returned a verdict in favor of Ford. Ultimately, the case would be heard by the Supreme Court, and the Court was presented with the issue of comparative fault in crashworthiness cases; and ruled that comparative fault in issues involving first collisions do not apply in crashworthiness cases.

In June, a new law enacted by the Florida legislature now allows jurors to hear evidence of possible plaintiffs’ comparative faults. If you have been involved in a car crash, you should contact a Fort Lauderdale accident attorney to discuss your legal options.


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No Reasonable Expectation of Facebook Privacy, Says New York Supreme Court

More and more each day, a substantial number of people around the world are users of social media networking sites such as Facebook, LinkedIn and Twitter. These sites have allowed users to interact with one another through email, instant messaging, and to build or maintain business and social relationships. On these sites, users can share pictures, videos and status updates (posts) via a public or private account setting. Generally, a public setting occurs by default when the user establishes an account, but this setting can be changed to a private profile. When a user make use of the privacy settings function, he or she is expecting that the information in which they are sharing will only be viewable to those whom which they have authorized. In other words, they believe that due to this restriction setting, unauthorized people cannot view or obtain access to the information which they have chosen to post or share. However, given the considerable amount of users of social media channels, information shared, and communication which users are supplying on these sites, there has been and will continue to be legal matters affecting civil and criminal lawsuits in this country, including Fort Lauderdale personal injury cases.

A recent decision issued in a personal injury lawsuit demonstrates how social media have impacted civil litigation and will have an affect on Fort Lauderdale personal injury suits, as well as other personal injury cases throughout the country. In Romano v. Steelcase, Inc., 2010 NY Slip Op 20388 [30 Misc 3d 426], 2010 N.Y. Misc. Lexis 4538 (N.Y. Sup. Ct. Sept. 21, 2010), the state's Supreme Court granted the defendant’s motion to access the plaintiff’s current and historical Facebook and Myspace pages and contents (including postings and pictures), as well as her deleted pages and content. The plaintiff Kathleen Romano sued the defendant, Steelcase, Inc., a Michigan furniture company in a personal injury suit. Plaintiff claimed that she had suffered severe injuries to her back and neck as a result of a fall from a collapsing chair manufactured by the defendant. Plaintiff sought damages and asserted that she had lost an enjoyment of life; and could no longer participate in certain activities. However, the defendant reviewed the public contents posted on the plaintiff’s Facebook and MySpace pages, and contended that the material contradicted her asserted injuries and claims because she had traveled to Florida and Pennsylvania during the time period she alleged her injuries prohibited such activities.

During her deposition, defendant sought questions from plaintiff about her social networking accounts (Facebook and MySpace), but to no avail and subsequently served plaintiff notice for discovery. Plaintiff refused to provide the requested authorization to obtain access and copies, including current and historical information on her social networking accounts. The Court granted defendant’s motion and plaintiff was ordered to provide defendant within 30 days the consent and authorization to access her Facebook and MySpace accounts information.

The court’s decision has an important bearing upon the discovery phase in civil litigation and Fort Lauderdale personal injury lawsuits. Discovery is a pre-trial fact finding phase in which the parties exchange evidence and information between one another by a variety of means including depositions, answer to interrogatories, and requests for production of documents. In this case, the plaintiff attempted to invoke her Fourth Amendment right of expectation of privacy. The Fourth Amendment of the United States Constitution, guarantees the people the right to be secured in their persons, houses, papers, and effects against unreasonable searches and seizures, unless there has been a Warrant issued based upon probable cause to search and seize. However, the court rejected her argument and found that neither Facebook or MySpace guarantees complete privacy. Using Facebook’s privacy policy as one of its basis, the court reasoned that when plaintiff created these social networking accounts, she consented to the fact that her personal information could be shared with others and “given the million of users, in this environment, privacy is no longer grounded in reasonable expectations, but rather in some theoretical protocol better known as wishful thinking.”

If you are currently thinking about hiring a Fort Lauderdale personal injury attorney to represent you in a personal injury case, you should consult with him or her about any social network content you have posted which may be relevant to your case and to get legal advice about your rights.

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Robbers Assault Elderly Woman With Soda Can

Robbers Assault Elderly Woman With Soda Can

Fort Lauderdale Personal Injury attorneys are always disturbed when hearing about physical attacks and injuries inflicted upon the elderly. On Saturday, a 70-year-old woman was injured when two unknown culprits struck her on the left side of her head with a soda can during a robbery attempt. According to the Orlando Sentinel, the woman was walking near an apartment complex in Orlando when the two attackers jumped her from behind in an attempt to rob her, struck her and then fled away after discovering she did not possess any money. The Orlando woman has not been able to provide police with a physical description of the guilty parties because she could not see them well enough.

Hopefully, someone observed this assault and will soon provide the police with information that will lead to their arrests. According to The National Center For Victims of Crime, eleven percent of the elderly are likely to suffer from physical abuse. Additionally, 67% of older woman are more likely than men (32%) to suffer from any abuse, and our Fort Lauderdale civil assault lawyers represent elderly sufferers who have been injured in an assault incident.

Many people are of the belief that a perpetrator of a physical assault can only be punished through the criminal justice system. However, in our American civil jurisprudence, a battery is an area of tort law which was established under the common law legal system to hold those accountable who impose an intentional offensive or uninvited physical touching upon another. However, there are circumstances when the wrongdoer does not inflict any physical contact, but uses words of threats to cause an apprehension of imminent harm upon a person. In so doing, his or her conduct is considered an assault. However, under Florida law, the torts of assault and battery are usually combined in a civil lawsuit to hold an individual liable for the injuries and damages another has sustained during an unpleasant incident.

Generally, the elements of battery require that a person prove that the wrongdoer committed a touching which was offensive and did not have consent. Further, the offensive or harmful touching must have caused a person to sustain injuries. It is important to point out that not all touching are considered a battery. There are situations in which a person implies consent to physical contact, such as in the sport of football. Since football is a contact sport, players understand that physical contact is part of the game, however, it is when one exceeds the scope of the contact consented to, he or she may be liable for the tort of battery.

It is always prudent to seek the advice of a Fort Lauderdale personal injury attorney when you or a loved one has been injured as a result of an assault and battery occurrence. And particularly when an incident involves the elderly. Such persons usually incur significant medical costs, pain and suffering; and income loss when someone has caused them injury. And, there may be monetary damages a tortfeasor will have to pay as a result of their conduct.

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School Bus Crashes into a Wall at Houston Tavern

Fort Lauderdale personal injury attorneys expect that investigators are probably exploring what caused a First Student school bus operator to run off the roadway and crash into a tavern on Thursday, December 8, 2011. According to a recent Chronicle story, law enforcement said that a school bus ran off a roadway and subsequently hit a north wall of a tavern. One of the 37 student passengers on the bus was taken to a local hospital for medical treatment, but was later released. The female bus driver sustained some personal injuries and was unable to respond to emergency personnel.

Fortunately, there were no fatal injuries involved in this school bus accident. However, it is worth mentioning the heroic leadership of the two KIPP 3-D eighth grade students who calmed and evacuated the other elementary students on the bus; and even assisted the driver from her seat before paramedics arrived. First Student has not released the driver’s name, age or medical condition.

The National Highway Transportation Safety Administration (NHTSA) reports there are several causes of school bus accidents including:

Driver negligence,

Defective equipment,

Dangerous roadways,

Poor weather conditions,

Improper maintenance

Also, according to 2009 data from the NHTSA, since 2000, the number of people who have died in school transportation related activities is 1,386. Of these, 8 percent of the fatalities were occupants of school transportation vehicles, and a shocking 72 percent were occupants of other vehicles involved in the crash. Besides death, other common injuries involved are head and lower-extremity injuries, cuts, fractures, broken bones, facial scars, disfigurements, sprains and strains. Further, frequently children are severely injured when involved in a school bus crash and often have to obtain therapy and rehabilitation treatment for their injuries.

As Fort Lauderdale personal injury lawyers we are concerned about the safety of Florida children when riding a school bus, and have been involved in a similar related accident in Florida. When your child has been hurt as a result of a school bus driver’s negligence or due to defective equipment; or improper maintenance, a personal injury attorney that handles these types of cases can identify the blameworthy party, including the bus company.

If your child has been injured in a bus accident, you should seek medical attention immediately. Since soft tissue injuries are common among children hurt in a Florida bus accident and these types of injuries poses other serious problems if your child is involved in sports. Soft tissue injuries are those which damage muscles, tendons or ligaments. Additionally, it has reported that types of injuries cause serious pain and dysfunctions in the human body.

Moreover, the NHTSA study has revealed that since 2000, 130 school-age pedestrians, younger than 19, have died in school transportation-related crashes. Of these, 67 percent were struck by school buses, and 43 percent school-age pedestrians were killed in school-transportation-related crashes and were between the ages of 5 and 7.

Our Fort Lauderdale bus accident lawyers can help protect you and your child’s interest; and can consult with you regarding the specific circumstances of your potential claim.

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Defective Toy Product Causes Recall

Fort Lauderdale defective toys lawyers care about the safety of children and believe that it is important to report recent toy recalls during this holiday season. Last month, the United States Consumer Product Safety Commission and Health Canada (CPSC) with Build-A-Bear Workshop announced that they were recalling 19,720 units in the U.S. and 1,100 units in Canada of the Swimwear Set With Inflatable Inner Tube product. At the time of the recall, one incident had been reported in which a 3-year-old girl pulled the inner tube over her head, but had a difficult time in removing it. Although the number of incidents which have been reported is small, it is still poses a severe risk of severe personal injuries.

According to the CPSC news release, the inner tube is part of a three-piece Fruit Tutu Bikini swimwear for teddy bears, which includes a two-piece fruit-pink bikini. The inner tube is described as 9 inches in diameter and pink with white and yellow flowers printed on it. The model number of the swimwear set is 017220 which is located on the price sticker attached to the “Build-A-Bear” cardboard tag. The hazard which prompted the defective toy product recall is the inner tube accessory that a small child can pull over his or her head, therefore causing a strangulation hazard.

Additionally, the Commission’s news release states that the product was sold a nationwide Build-A-Bear workshop stores and on the company’s website from April 2011 to August 2011. The units which were manufactured in China and the Commission are warning consumers to stop use of this recalled product immediately, unless otherwise instructed.

Each year there are hundreds of defective toy products that are recalled by the Commission and in 2009, the Safe Kid’s organization reported an estimated 185,900 children ages 14 and under were treated in an emergency room department as a result of a toy-related injury. Chocking, lead poisoning and burns are among the common injuries children endure when they play with toys. And most often it is unknown that the toy was defective until a severe harm has taken place because consumers purchase the items with the belief that they are safe. In recent years there have been numerous of reports and recalls of products that were manufactured in China.

Fort Lauderdale defective toy attorneys handle product liability cases and can help parents determine who is at fault for their child’s injuries or death due to a faulty toy. Manufacturers, distributors and sellers of toys have the responsibility of making certain that their products are safe when placed into the market place. Also, a toy which is designed in such a way that it presents an undue risk of harm in its normal use can be grounds to hold a manufacturer or distributor strictly liable.

If your child has been injured or died as a result of a toy product you should contact a Fort Lauderdale personal injury attorney shortly after the accident. Waiting too late could cause you to loose your legal rights to hold the responsible party accountable due to statue of limitations.

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Personal Injury to Florida Woman During Surgical Procedure

A 29-year-old Florida woman is recovering from burns to her face she received during surgery to remove three cysts from her head. According to the Miami Herald, Kim Grice underwent surgery last week at the Crestview Surgery Center in North Florida, when a “flash fire” broke out and spread to her face. She was wearing an oxygen mask and the surgeon was using a cauterization tool to stop bleeding when the fire broke out. Our thoughts go out to Ms. Grice and hope that she has a successful recovery. Events such as this typically are not natural occurrences when one undergoes a surgical procedure. At this time, not many facts have been given that explain the cause of this bizarre Florida personal injury, but what is known is that Ms. Grice has suffered a serious personal injury.

Our Fort Lauderdale personal injury attorneys represent those who have been injured or harmed as a result of another’s negligence, or willful misconduct. There are many circumstances that may give rise to a negligence cause of action, including medical malpractice and errors, defective products and malfunctions. One of the first steps a personal injury will do on the behalf of their client is to investigate the facts to identify the person or entity that is responsible for a person’s injuries. As we have mentioned in our prior blogs, in order to prove negligence, a plaintiff victim must prove four elements to hold a defendant liable: duty, breach, causation, and damages.

During a Fort Lauderdale personal injury lawyer investigation, there are two types of evidence which may be discovered and produced to the court in order to prove a defendant is liable for damages. Direct evidence may include, witness statements, damaged instruments, video recording and photographs. On the other hand, when direct evidence is lacking, circumstantial evidence permits a Trier of fact to draw an inference based upon the evidence produce. For example, a dent on a defendant’s vehicle could be used to prove that it was his or her vehicle that struck a plaintiff’s vehicle.

Under some circumstances, a plaintiff may rely upon the doctrine of res ipsa loquitur, this is a Latin phrase which means, “The thing speaks for itself”. In other words, due to the fact that a person has sustained harm, the fact finder may infer or presume that a defendant is liable without any proof of unreasonable misconduct. The leading case of this doctrine is Byrne v. Boadle, 159 Eng. Rep 299 (1863). In this case, the plaintiff Byrne was struck by a barrel falling from a window as he walked past the defendant Boadle’s flour shop.  Despite there being a witness which testified that he saw the barrel fall from the window of Boadle’s flour shop, he could not explain the cause. The court held that a defendant could be held liable for negligence based upon the occurrence of what happened without proof of direct evidence of negligence. However, there are three elements of res ipsa loquitur which must be establish in order for a plaintiff to invoke:

1. The accident must be of the kind which normally does not occur in the absence of someone’s negligence.

2. The negligence can be attributable to the defendant; in other words, the defendant must have control over the source of harm.

3. Neither the plaintiff nor any third person contributed to or cause the plaintiff’s injuries.

If you or a loved one has been injured during a peculiar Fort Lauderdale personal injury situation, contact a personal injury attorney today to discuss your unique circumstances and to get advice on what your legal options are.

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Fort Lauderdale Elder and Mentally Ill Abuse

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Fort Lauderdale Elder and Mentally Ill Abuse

As appalling as it is, abuse of the elder and mentally ill are frequent occurrences. Studies as reported by the National Center on Elder Abuse, revealed that there are between 1 and 2 million Americans, age 65 or over who have been injured, exploited or otherwise mistreated by someone who has provided them care or protection. If you have a loved one who has suffered a personal injury while being a patient of a nursing home, assisted living facility or group home, contact a  Fort Lauderdale Attorney  who can advise you of your legal rights and options.

Recently, an investigation conducted by the Miami Herald and its member station, WLRN, discovered that the 1,109 Florida assisted living facilities have twice the rate of abuse and neglect when compared to homes specifically for the elderly. Whenever this type of abuse occurs, someone should be held responsible. This type of wrongful conduct is considered a civil battery because usually the perpetrator intends to inflict a harmful or offensive touching that causes the physical injuries. A Fort Lauderdale Elder Abuse Attorney help victims of abuse seek the compensation they deserved as a result of the battery committed against them.

There are several legal claims involved in an elder or mentally ill abuse situation. Additionally, when the victim is a patient of a nursing home or assisted living facility, the employer can be held liable when the act of abuse is committed by one of its employees. In evaluating a possible legal cause of action, it will need to be determine whether or not the employee committed an abusive act during the scope of his or her employment related duties. If so, then a civil lawsuit can be filed against the employer based on the employer’s own negligence.

The nursing home employer owes an affirmative duty to exercise due care to the patients of their facilities. Likewise, the employer also owes an affirmative duty to control the conduct of its employees in its presence. Also, the employer can be held liable for the willful or criminal actions committed by an employee for its failure to train, or supervise the employee. Additionally, under the doctrine of respondeat superior, the employer is vicariously liable for any abusive act committed by its employees within the scope of the employment. The test is whether or not the employer had the actual ability to control the employee’s conduct.



There are many warnings of elder abuse, and some of the most common signs include an unexplained or sudden death of the victim, weight loss, or fractured or broken bones. Our elder and mentally ill are among our most vulnerable citizens in our society who deserve a safe place to live and have legal rights. When those rights are violated, a Fort Lauderdale Personal Injury Attorney can help the victim or the family file a civil action against nursing homes, group homes and assisted living facilities when they are negligent in caring for a loved one.




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Premise Liability Amidst Shoppers' Wars

The 2011 Holiday shopping kicked off last Friday, November 25. This annual Black Friday event hosted by retailers and small businesses across the country resulted in record sales. According to the National Retail Foundation, a record number of 226 million shoppers hit stores and retailer websites over the Black Friday weekend in order to obtain bargains on big ticket merchandise. Unfortunately, there were reported acts of violence which occurred on the premises of local retailers throughout the country, causing serious personal injuries to consumers and raising concerns of premise liability.

According to CBSMiami.com, a 55-year-old North Carolina woman was shot in the foot during a robbery which occurred at 1:00 a.m. while in a parking lot located across from a  local Walmart store. Locally, Kissimee Police arrested a man after he became involved in a fight at a local Walmart jewelry counter. We all enjoy a good deal, especially during these hard economic times, but inflicting serious injury or bodily harm upon another in an attempt to obtain on sale merchandise just isn't acceptable. Not only is it a criminal offense to commit an act of assault or battery upon another without legal justification, but could also be the basis of a civil suit against the perpetrator, and a premise liability lawsuit for the retailer. 

Miami personal injury attorneys assist individuals who have been injured upon the premises of retailers and small businesses. Premise liability covers a broad range of accidents, injuries and harms involving situations  such as slip and fall, inadequate maintenance, inadequate security or defective conditions. Premise liability claims often result when the business owner or possessor of property breach the duty of care owed to its business invitees, for example customers. In order for the courts to impose liability, however, ordinarily there must be some form of relationship between the business owner or land possessor with the injured party.

Customers of retailers such as Walmart, Target and other small or national retailers are usually considered business invitees because they visit the premises in order to make purchases for products or merchandise the business sells, and which normally confer a monetary benefit upon the business owner.  Also, courts have imposed liability upon a landowner or occupier due to their failure to protect their customers from foreseeable injuries inflicted by third parties. Recently, a court upheld the fine imposed upon Walmart as a result of a 2008 Black Friday incident that resulted in the death of a shopper who was trampled during a stampede. This year, the giant retailer opened its doors to eager shoppers on Thanksgiving night in some communities throughout the nation.

As we move closer to the Christmas holiday, we can expect that retail stores will become flooded with shoppers as they rush to purchase last minute gifts for family and friends. While shopping and if you experience a slip and fall accident, or become injured as a result of a third party, you should contact a Miami personal injury lawyer who practices premise liability law and negligence. Since every premise liability cause of action will depend upon the circumstances, a personal injury lawyer can determine whether or not you have a legal claim. 

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Riviera Beach Resident Killed in Florida Turnpike Accident Near St. Cloud

Yesterday afternoon the Palm Beach Post reported on yet another fatal Florida car accident apparently caused by distracted driving.  According to the story, sixty three year old Ida Henderson was killed on Monday on Florida’s Turnpike near St. Cloud.  The Riviera Beach resident was on the turnpike near mile marker 237 when her SUV was bumped by a Pontiac Firebird driven by West Palm Beach resident, Karen Le Forge.  Le Forge’s vehicle struck a guardrail after the collision, and the woman suffered only minor injuries.  Ms. Henderson was not so fortunate.   Her SUV flipped onto its roof following the accident.  Ms. Henderson suffered substantial injuries following the crash, and she died at the scene.  Two other passengers involved in the incident were also injured.  They were taken to a local hospital, and both are expected to survive.

Investigations into the specific cause of the accident by local officers suggest that distracted driving may be at the root of the problem.  The driver of the car that drifted into another lane admitted that she was changing the CD player at the time of the accident.  While dealing with the music player, she unknowingly drifted into the next lane and bumped the victim’s SUV.  Authorities have not yet released any information on potential criminal charges that may or may not be filed in this case.

Beyond the possible criminal sanctions facing Ms. Le Forge following the incident, it is likely that a civil lawsuit may also result.  A Riviera Beach car accident lawyer may explain to the victim’s family that civil lawsuits are often filed following these accidents.  The civil law is distinct from any criminal law, as it relates to a legal dispute between private parties. When an individual is killed in an accident, as in this case, the family members of the victims—usually a spouse or children—are able to file suit against those whose misconduct led to the tragedy.  Lawsuits can be filed that seek redress for the harm caused to the victim herself and a separate claim for the losses suffered by the surviving family members as a result of losing their loved one.  The suits seeking recovery for the survivor’s losses are known as wrongful death lawsuits. 

In all cases, if a lawsuit is commenced, the parties involved will usually deal with the insurance companies that represent the defendant.  To win in any suit that goes to trial, the victims will need to show that the defendant driver did not act in a reasonable manner while driving on the road.  That failure to act reasonably must have specifically caused the accident and subsequent physical harm to the victim.  Most Florida accident attorneys know that distracted driving cases such as this one present classic legal questions of negligence and causation.   Inherent in its name, distracted driving is usually an act of negligence which may make one liable for damage.  However, it is insufficient to only show that one was distracted.  It must also be shown that the distraction actually caused the car accident.  This is often easily established—such as when one drifts while taking their eyes off the road causing them to hit a car that was in another lane. 

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Florida Defamation Lawsuit

Despite months after the jury acquitted her of murder charges for her 2-year-old daughter Caylee, Casey Anthony’s legal troubles are far from over. In 2008, Zenaida Gonzalez filed a defamation lawsuit against Anthony, however, it was halted and has recently resumed. Gonzalez was recently deposed and portions of her video deposition have been released to the public. Anthony however has invoked her 5^th Amendment right against self- incrimination during her initial deposition. According to the Orlando Sentinel, Gonzalez has claimed Anthony ruined her reputation when she (Anthony) informed detectives that a babysitter with the same name kidnapped her daughter Caylee during the summer of 2008. In order for Gonzalez to win in her Florida defamation lawsuit, under Florida law, the plaintiff would need to establish the defendant made a false publication of a statement about the plaintiff which was published to a third party and as a result, the plaintiff was harmed.

Defamation is one of the areas of tort law which originated under the common law. Even with some modifications by the United States Supreme Court, for example First Amendment constitutional considerations, defamation under the common law are still relevant in today’s Florida tort law. Additionally, as being reported by the Orlando Sentinel, Gonzalez has professed she has experienced “emotional pain and suffering” that was caused by Anthony.

Whether or not Gonzalez succeeds in her defamation suit, will depend upon a number of factors. Also, she must prove that Anthony intentionally or negligently made the statement about her personally to the detectives. It may be challenging for Gonzalez to establish that Anthony identified her as the babysitter during Anthony's statements to the detectives. Moreover, in a defamation action, it is important to assess whether or not a false statement is libelous or slanderous. A Miami defamation attorney often works with clients who have had false statements which were published in a written (libel) or an oral (slander) manner. Usually, the issue of negligence becomes relevant when a defendant has communicated directly to the plaintiff, but some third party has overheard the communication.

Because defamation law is very complicated, it is always advantageous for a potential plaintiff to seek counsel of a Miami personal injury attorney.  There are many circumstances in which a defendant could be liable for making false statements about another, including in a workplace environment. For example, under Florida law, employers can be held liable for defamation, or defamation of character, by making a defamatory statement about a former employee during a background reference check. Similarly, individuals can be held liable for defamation when they repeat a statement which is defamatory.

Basically, defamation law works to protect an individual’s reputation and imposes civil penalties when that interest has become invaded. If you believed that you have been defamed, or your reputation has been attacked, or you have been injured because of a defamatory statement, speaking with an Miami defamation lawyer can help you understand your legal rights and all of the remedies which may be available.

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Florida Statue of Limitations in Childhood Sexual Abuse Civil Cases

On Wednesday November 23, a story in the Associated Press reported that two new claims of child sexual abuse  have emerged against a former Penn State football coach who was arrested on November 5. The university’s former defensive coordinator, Jerry Sandusky, was indicted on 40 counts of child molestation charges as a result of a grand jury investigation. The National Public Radio has a complete timeline of the current Penn State child sexual assaults scandal on their website. The child sexual assault allegations against Sandusky claim that the abuse occurred during a course of 15 years, beginning in the 1990’s at the time when some of the young men were of the age 10 or 11. This could raise some important statute of limitations (SOL) issues in a civil action for potential plaintiffs, if a lawsuit were to be filed. Further, it is worthy of a discussion due to the relevance of prospective Florida civil suits filed by adults when raising a childhood abuse claim. An Orlando childhood assault attorney  is often familiar with SOL matters.

The statute of limitations refers to the period of time during which a criminal or civil lawsuit can be filed against a defendant. Fundamentally, if a potential plaintiff does not file a suit within the time period set forth in a federal or state statue, the plaintiff loses his or her right to bring an action at law. Moreover, it is significant that Florida residents understand how the SOL applies in a civil case based upon a Florida child sexual assault claim.

In an earlier blog, we conveyed that in 2010, the criminal and civil SOL’s were eliminated for minor children under the age of 16 at the time when their abuse occurred. This is due to a legal doctrine known as the Delayed Discovery Rule. In Hearndon v. Graham, 767  So. 2d 1179 (Fla. 2000), the Florida Supreme Court held that the delayed discovery doctrine is applicable in childhood sexual abuse cases. Further, according to the Court’s holding, a “cause of action does not accrue until the plaintiff either knows or reasonably should know of the tortuous act giving rise to the cause of action.” Id.  Essentially, the Court has recognized the major psychological trauma effects a childhood sexual abuse or incest can produce. It is common for the memory to become repressed as a result of a tragedy and due to shock; a child may place the memories of an awful event into an unconsciousness state in the mind. Usually, the remembrance of childhood abuse occurrence can become conscious again during therapy or counseling sessions.

A Fort Lauderdale personal injury attorney can help adults who believe or have discovered that they were sexually abused as a child. It is important to seek the advice of an attorney immediately because the SOL may be an issue. Under the new law, not all of the Florida childhood sexual abuses SOL’s were eliminated. However, discussing your circumstances with a Miami personal injury lawyer can help determine whether or not the SOL has expired and if you have a potential civil lawsuit.

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Unreported Institutional Child Sexual Abuse Cases and Civil Liability

Posted: November 23, 2011

 By now most of America has heard the shocking child sexual assaults scandal allegedly committed by former Pennsylvania State University (Penn State) defensive coordinator, Jerry Sandusky. Sandusky, 67, was arrested on November 5, 2011 after members of a Pennsylvania Thirty-Third Investigating Grand Jury indicted him on 40 counts of child sexual offenses, dating back to the 1990’s. The grand jury findings are based upon investigations, which originally began in 2008, after a mother of one of the young boys accusing Sandusky of inappropriate sexual conduct reported to school officials an alleged sexual assault incident between Sandusky and her then minor son. This prompted an investigation which eventually culminated in Sandusky’s arrest. Sandusky has denied all allegations of any sexual misconduct.

According to recent stories reported by the Associated Press, there were 8 young men who testified before the grand jury and have claimed that the former football coach sexually assaulted them over a course of 15 years, beginning in the 1990’s. Just minors at the time of the asserted offenses, some as young as 10 or 11, various of the injured parties testified that they had been a guest at Sandusky home at some point and that Sandusky provided them with a number of gifts including tennis shoes and game tickets. And at least one has alleged that Sandusky gave him $50 to purchase marijuana on one occasion. Perhaps even more disturbing are the findings in the grand jury’s report which indicate Penn State officials, Tim Curley, athletic director, and Gary Schultz, vice president of finance and business, were made aware of the allegations as early as 2002, but failed to report the allegations against Sandusky to law enforcement officers or the child welfare agencies. As a result of the grand jury’s findings, Curley and Schultz are now facing multiple criminal charges including perjury and for failing to report a suspected case of child abuse or neglect.

Apparently Sandusky came into contact with most of the minor boys through The Second Mile program which he established in 1977. Initially, the program was started as a foster home to help economic and socially disadvantage boys. Damaging evidence against Sandusky includes the testimony of a graduate assistant who testified that he eye witnessed Sandusky sexually assaulting a young boy as young as 10 or 11 in 2002 on the premises of Penn State.  The graduate assistant said he first spoke with his father, and subsequently reported the incident to former head coach Joseph Paterno.  Paterno, the legendary coach who has the most winning record in Division I collegiate football, claimed he reported the incident to higher officials. However, no one ever called the police or the child welfare officials. Paterno, along with the university’s president, Graham Spanier were fired on November 9, 2011, also for their failure to report the accusations against Sandusky.

Although Sandusky is currently facing criminal charges, this is one of, if not the most, heinous scandals involving collegiate football and it is likely that civil lawsuits will be filed in the future.  The Penn State investigations  appears to reveal an unreasonable cover up since the child molestation allegations against Sandusky were never reported to the police or child protective agencies by any of the university’s officials or employees. It is obvious that in light of this recent scandal, Penn State is involved in a legal thicket and a moral dilemma. Therefore, the following question arises. What is the civil responsibility of the university when an alleged child sexual abuse offense is committed by one of its officials, employees or independent contractors, or on its premises?

Is it not our individual or professional duty to ensure that our children are safe?  Fortunately in Florida, the legislature believes that children deserves the maximum protection against child sexual predators  and makes it mandatory for anyone, regardless of their profession, who knows or has reasonable cause to suspect that a child has been abused or neglected to report. Therefore, failure to report a suspected Florida institutional child abuse or neglect case by a university official, professor, employee or coach has significant legal consequences.

In a prior blog we have written about civil claims involving negligence in Florida. Under negligence theory, the plaintiff has to prove four elements against a defendant in court; duty, breach, causation and damages. Thus, if a civil action were to be filed against a higher education institution such as Penn State, based upon child sexual assault claims, the plaintiff would have to establish that he or she were owed a duty by the university, which was beached. And due to the breach, caused the plaintiff to sustain injuries and that damage was incurred as a result. But, depending upon state law and a university’s legal structure it is likely that a higher institution of learning or a school will attempt to raise the defense of sovereign immunity. An Orlando child abuse attorney can help injured children who have been harmed in a child abuse occurrence at a school, college or university.

Further, in some jurisdictions courts can hold higher education institutions liable under the doctrine of vicariously liability. Under this common law theory, courts can find a university strictly responsible because as an employer, they have the right to control the conduct of its employees who while during the scope of their employment inflicts harm or injury to a third party. As a result, Penn State could possibly argue that numerous of the alleged incidents occurred after the time Sandusky retired in 1999. However, as a University emeritus, Sandusky still had accessed to many of the campus facilities where some of the speculated wrongdoings occurred, and that could possibly materialize into a premise liability lawsuit,  due to the unsafe conditions on the premises and a failure by the university to adequately warn the parties who were injured on its property. While these are a few of the possible civil legal claims available for similarly situated mistreated sufferers of institutional child abuse, there are a myriad of other claims. It is best to contact a Miami personal injury lawyer who can discuss all of the available legal theories and remedies involved in cases of child sexual assaults.

In 2010, Governor Charlie Crist signed into law Florida House Bill 525 which eliminated the civil statute of limitations (SOL) on child sex abuse cases. Under current law, minor children under the age of 16 at the time of their abuse can hold their abusers accountable at any time, if not barred by the SOL as of July 1, 2010. Essentially, the new law recognizes that there are many psychological effects an abused child endures and it is considered normal for a child to repress his or her memories of such a traumatic event.  Nevertheless, children and parents living in Florida and who have or are facing similar circumstances should contact a Florida personal injury attorney  immediately who can provide the needed guidance in a child sexual abuse civil lawsuit.

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