Deerfield Pit Bull Attack, Second Victim This Month

The Sun-Sentinel reported last week on a Deerfield dog attack that left an eight-year old boy hospitalized.  The young victim, Nicholas Garvey was apparently riding his bike near his house in Deerfield Beach last weekend when has was attacked by a pit bull loose in the neighborhood.  The frightened child ran to his playmate’s home, where the animal was finally beaten off by an adult.  Nicholas was taken to a nearby hospital where he was treated for a broken arm, deep cuts to his face, and limb wombs.  His facial wounds required thirty stitches. 

This latest incident was actually the second Deerfield dog attack within the month. In early October a thirteen year old girl, Tayla Johnson, was also attack by a dog in the neighborhood.  While it remains unclear, witnesses explained that they thought the attacking dog was also a pit bull.  Fortunately, a neighbor was nearby when that attack occurred.  The bystander was able to get the aggressive animal off the girl, but the dog was killed in the process.

The string of animal attacks has led to renewed debate in the area about the most effective way to prevent these incidents.  Miami-Dade County actually has a local ordinance in place banning American pit bull terriers, Staffordshire bull terriers, and a few similar breeds.  Florida law currently does not allow breed bans, but the Miami-Dade ordinance was in place before the statewide prohibition of those local ordinances took effect. Some community members believe that these latest attacks indicate a need to have even stricter laws prohibiting breeds, while others believe that breed itself is not at fault.  Instead, most understand that responsible dog ownership is essential to prevent all dog attacks, regardless of the type of dog involved.

Florida dog bite law requires dog owners take significant responsibility for the conduct of their animals.  The state’s dog bite statute places “strict liability” on owners for the consequences of their animal’s actions. This generally means that an owner may be required to pay for the damages caused by their dog, even if the owner did not known of the animals viciousness or if the dog had no history at all of attacking others.  However, if the specific person hurt was negligent or trespassing, then the owner may have no liability or the liability may be decreased.  The rules are slightly different if children under the age of six are involved. At times, a parent’s failure to supervise a child leading to an attack may be a factor in any legal case related to the attack.  In addition, there are different legal considerations depending on where the attack occurred.  Landlords may be liable for attacks that occurred on their premises, even if the dog is owned by a tenant.  However, that liability often depends on whether the victim was invited onto the premises and was hurt in a location where he or she was allowed to be.

Various other details about each specific incident may affect the ultimate legal resolution.  The complexity of these matters makes it important for those involved to contact a Florida dog bite attorney to learn about their own rights and responsibilities.  

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Investigation Launched Into Claims of Miami Nursing Home Neglect

The Miami Herald reported yesterday on a new probe being conducting by a Miami-Dade County grand jury into claims of systematic Miami nursing home neglect.  The grand jury launched the investigation after reports were made about certain caregiving breakdown at local long-term care facilities.  The probe will target the over 900 assisted-living facilities in the county—the first time such a step has been taken under States Attorney Katherine Fernandez Rundle.  There are nearly 3,000 facilities statewide.

According to the latest reports, the investigation is being spurred by a series of journalism stories describing particularly harsh treatment at certain area nursing homes.  For example, one harrowing story was shared about a 74-year old resident who was strapped down so tightly to a bed that the restraints ripper her skin.  She ultimately died from her wounds.  All told, the Miami Herald claims that at least one local elderly resident dies every month in the county alone because of Miami nursing home neglect.

One local community member commented on the grand jury probe, calling it “great news.”  The woman, Alfredo Navas, explained that her mother was a victim of nursing home neglect.  She exaplined that her 85-year old mother suffered from dementia and was allowed to wander out of an assisted-living facility after the caretaker fell asleep and no alarms were installed.  The senile senior ultimately wandered into the surrounding area unknowingly and drowned.  She was found floating in 18 inches of water in a pond behind the facility the following day.  According to Ms. Navas, the facility in question, Isabel Adult Care III, was never investigated by the state’s Agency for Health Care Administration.  She told the paper that, “when you really think about it, there was no accountability.”

The Miami nursing home neglect lawyers at our firm know that it remains important to collect all of the evidence following each of these allegations of Miami elder abuse.  It is only after all sides are heard in a case that more reliable assessments can be made about whether or not treatment provided to a resident was up to the reasonable standards that the law demands.  Like all other potential negligence lawsuits, those stemming from claimed inadequate treatment at area senior care facilities hinge on the steps taken or not taken by the facility and its employees in relation to the specific resident injured.  Of course, there are times when facilities fail to provide a reasonable level of care or security within the home, resulting in harm to the resident.  But it is not always the fault of the facility every time a resident suffers health problems while living at a nursing home.  These legal issues are fact specific, and so it is important for all those involve to visit with a legal professional who can provide tailored advice for your specific circumstances.

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Fatal Tampa Bay Car Accident Caused After Driver Experiences Medical Event

An entire community is reeling this week as news spreads about a Tampa Bay car accident that took the life of an area couple and severely injured their young granddaughter.  High school teacher Nancy Farnsworth and her husband Webster were killed Friday after a passed out driver ran a red a red light and slammed into the side of their minivan.  The couple’s granddaughter, Kaylee Farnsworth, was taken to the hospital in critical condition.  Fortunately, medical experts expect the young child to survive.   WTSP News followed up on previous reports of the fatal Tampa Bay car crash yesterday, as new information is coming to light about exactly what caused the accident.

According to reports, the couple and the child were returning from the Clearwater area after a celebration held in honor of the upcoming arrival of another grandchild, Kaylee’s sibling.  They were traveling through the intersection of Hillsborough and Habana Avenues when their vehicle was struck on the side by a 2010 Dodge Ram pickup truck driven by Eric McNeil.  Mr. McNeil reportedly lost consciousness when he was behind the wheel, causing him to run the red light, hit the minivan, and strike two traffic lights before leaving the road.    The pickup went airborne after hitting the minivan, ultimately landing on another vehicle occupied by six people.  Those other passengers were injured as well, though none of those injuries were life-threatening.

Any potential Tampa Bay car accident lawsuit filed in response to this incident would involve a myriad of issues.  Car accident lawsuits usually involve claims of negligence by the victims (or their families) against the driver who caused the crash.  Negligence law requires that the victim show that the defendant owed a duty of care and that the duty was breached causing injury.  Running a red light and hitting a fellow traveler is usually a clear breach of an owed duty of care.  However, in this case, the defendant may claim that he did not breach the duty because he was unconscious at the time of the breach as a result of an unexpected medical condition. 

This presents another issue, because it will likely need to be determined whether the man’s medical event was completely unanticipated or whether his passing out should have been expected and guarded against.  In this case, reporters have uncovered that driver of the pickup truck had previously been involved in an accident where he unexpectedly blacked out.  In 2007, the man rear-ended a vehicle that was stopped at a red light.  Following that incident, McNeil has his license revoked.  However, the license was reinstated late last year by the state’s Medical Advisory Board.  The Board did not require McNeil to have any follow up visits to confirm his fitness to drive.

Local official are still investigating this accident to determine exactly what happened. There are many legal complexities involved in all auto accident cases, and this situation appears to include a particularly wide range of issues.  All those involved in the crash should be sure to visit with a Tampa Bay car accident attorney so that their legal rights will be protected.

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Nurse Charged with Sexually Assaulting Florida Hospital Patients at Osceola Regional Medical Center

The Orlando Sentinel reported last week on new allegations of abuse against a male nursing at a local hospital.  Shean Galvin, a former Air Force captain who gained widespread attention for his work helping rescue Army Pfc. Jessica Lynch in 2003, has been charged with assaulting two patients at the hospital where he works.  Glavin is employed by Osceola Regional Medical Center and often works in the facility’s emergency room.  According to reports, Galvin apparently perpetrated the Osceola Regional Medical Center attacks against two women after giving them pain killer injections.

Records released by local authorities state that the first victim claims that she was assaulted after she was brought to the emergency room following a fall at her home.  Galvin is accused of forcing the woman to perform unwanted sex acts after providing her with intravenous medication.  The victim stated that he then called her at her home and told her that she would need to come in from more treatment if she wished to have more pain medication.        

Shortly after police were made aware of the first allegations against the nurse, the second Osceola Regional Medical Center victim came forward with similar claims of assault.  According to the woman, Glavin touched her inappropriately in the facility’s emergency room while she was being examined for an infection.  She reported that the assault occurred just after she been given injections to treat her medical problem.  According to the Florida Department of Health, a full investigation was begun shortly after Galvin’s arrest.  The hospital is also conducting an internal review to examine the truth or falsity behind the allegations and to determine if anything should have been done to prevent the attacks.   

Our Florida hospital abuse attorneys understand that a variety of legal issues are implicated by these allegations of Osceola hospital abuse.  For one thing, whenever neglect, abuse, or assault is perpetrated by an employee of a business or public entity, then there is a potential for the employer or public body to be held responsible for the conduct.  There are different legal rules that apply depending on the specific situation and involved parties which determine whether or not those injured by the employee’s conduct can seek legal against the employer.  In this case, that would involve the victim’s filing suit against the hospital for the assault.

The principle known as respondeat superior guides these legal decisions.  In general, an employer may face liability if employee was acting within the scope of his or her employment at the time that the misconduct took place.  As one would expect, parties involved in lawsuits stemming from these events usually disagree about whether an employee was engaged in the work for which he was being paid by the employer.  However, it is often clear one way or another whether the misdeeds took place in the scope of the employment.  Any potential lawsuit that might be filed by the victims against the Osceola Medical Center would likely hinge on where exactly the assault occurred, what  Galvin claimed to be doing at the time, whether he was technically on the clock, and other specific information about his actions.  Of course, to even reach the issues regarding the hospital’s liability for his conduct, a jury would first have to find that the allegations against him were true.  In any event, all those involved in this or similar situations should be sure to visit a professional to protect their legal rights.    

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Bizarre Florida Electrocution Accident Takes Life of Brooksville Resident

This weekend ABC News reported on a bizarre Florida electrocution accident that claimed the life of a thirty two year old fisherman.  Jason L. Reeves of Brooksville, Florida was pronounced dead this weekend after being found by his girlfriend in a lake at Clover Leaf Farms.  A man who was near the water when Mr. Reeves’s body was found explained that the victim’s girlfriend ran to his house distraught after discovering the body floating in the water. Initially, the investigators assumed that the man had drowned.  However, upon further analysis it became clear that Mr. Reeves was actually electrocuted by a charge coming from a nearby power line.  His fishing lure was found dangling from a twelve foot line near where he had been fishing.

Local authorities explained that Mr. Reeves was casting a metal fishing lure and using a braided fishing line—a line which included a slight amount of metal within in.  It is assumed that the man’s lure became caught on the 7,200-volt overhead power line that hangs just a few feet from the bank of the river.  The man was then electrocuted before sliding down the bank and into the lake.  A Power and Light technician that examined the scene of the Florida electrocution accident found that the fishing line involved was stronger than a regular line and likely had enough material to conduct the electricity.  Authorities explain that they are still investigating the incident to determine exactly what happened and whether or not it should have been prevented. 

Our Florida accident attorneys know that this situation presents a few unique legal issues.  Whenever one is injured or killed in tragedies such as this, potential legal liability depends on very specific facts about the accidents.  Those facts include including determining who had control over the area where the accident occurred and understanding the information available to those who controlled the area.  Several residents interviewed after the tragedy explained that the point on the lake where the electrocution struck was a popular fishing spot.  Some even admitted that their own lines had gotten caught on that very power line in the past.  These facts may be relevant if a Florida electrocution accident lawsuit is filed seeking to hold a municipality or other involved party liable for the death.

Often these cases hinge on the common law rules of negligence.  Liability may be found if a party owed a duty to the victim and they breached that duty causing an injury.   In cases like this, the “breach” element is often at issue.  Whether or not a landowner, power company, or municipality breached a duty owed to this fisherman would on depend on what those potential defendants knew about use of the area, whether or not the power line could have been higher or better secured, and comparable facts.  In any event, all those involved in this and similar accidents are well advised to contact a Florida accident lawyer to ensure that their rights are protected.   

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Florida Interstate-75 Car Accidents Injure Dozens of Local Residents

Statistics highlighting the frequency of Florida car accidents are alarming.  Each year anywhere from 250,000 to 300,000 crashes strike on our state’s roadways.  Thousands of drivers and passengers involved in those accidents are killed and many more suffer serious injury.  A close look at local driving figures reveals that the youngest drivers, those between 16 and 19 years old, are involved in more accidents than any other group.  In addition, more fatal accidents occur on weekend nights than at any other time. 

Our Florida car accidents lawyers know that certain highways within the state are also more prone to accidents than others.  For example, this weekend the Gainesville Sun reported on a rash of accidents on Interstate-75 that has only added to the highway’s reputation as a dangerous location that many residents avoid.  Earlier this month four people, including two children, were killed on I-75 in northern Marion County when a young driver accidentally veered onto the median and lost control of the vehicle.  The following day a pair of accidents on the same highway took the life of one area resident and injured fourteen others.  John H. Rogers was killed at the scene after losing control of his vehicle.  His two children who were also in the car with him at the time were seriously injured.  Later that same day, another accident involving eleven cars struck between mile markers 358 and 360.  More than a dozen of those victims were sent to the hospital with injuries.  

A few days later another Interstate-75 accident seriously injured a local resident.  A box truck was traveling on the highway just northing of Interstate-10 when it slammed into a parked vehicle on the side of the road.  According to authorities, the driver of the parked car, David Paul Chadwick, had properly pulled off the road due to a mechanical problem.  The driver of the box truck claims that a car cut in front of him suddenly, causing him to slam on his brakes and veer off the road.  The truck ultimately hit the disabled vehicle and seriously injured its driver.  The box truck driver was cited by the police for contributing to the accident.            

As these incidents demonstrate, Florida Interstate-75 accidents are frequent and often deadly.  Local officials explain that the roadway is particularly dangerous because of the speeds and the volume of cars and trucks that use it. Florida Department of Transportation investigators note that traffic volume on the interstate varies considerably, depending on whether an area is urban or rural.  However, while the speed limit is 70 miles per hour everywhere, many drivers travel much faster than that—often causing serious accidents.   Inclement weather increases the danger even more as rain makes the road slick and hampers visibility.

Some local emergency responders worry that the problem is only getting worse. There has recently been an increase in the total number of multi-vehicle crashes on the interstate, as opposed to one or two vehicle crashes.  This is often attributed to a general increase in traffic volume.  It is incumbent upon all travelers to take all possible precautions when using this dangerous highway.  However, even when exercising the utmost care it is possible to get caught in a crash.  When that occurs it is important for those involved to seek out a Florida car accident attorney to help guide them through the legal ramifications of the incident. 

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Orlando Motorcycle Accidents Kill Five in Separate Sunday Crashes

Yesterday the Florida Sun-Sentinel reported on a tragic string of fatal Orlando motorcycle accidents that took the life of five area bikers and injured several other travelers.  The deaths resulted from three separate incidents in Central Florida.  The area saw a large increase in motorcycle riders this weekend as Daytona Beach hosted the 19^th annual “Biketoberfest.”  While the fatalities were not directly related to the event, over 100,000 motorcyclists attended the large gathering, meaning that area roadways included many more motorcycles than usual.  As any Orlando motorcycle accident lawyer can attest, many car and truck drivers have trouble seeing these smaller vehicles or understanding the rules of the road as they pertain to motorcycles.  As a result, when there is a large influx of motorcycles in a given area it is usually only a matter of time before mistakes on either the part of the motorcycle driver or nearby car and truck drivers leads to an accident.

Authorities are still investigating each of these recent local crashes.  The first occurred at 3 a.m. on Sunday morning as a local man lost control of his bike on Hiawassee Road near State Road 414 in Orange County.  The victim struck the median and was thrown from the vehicle.  He died at the scene.  The second accident occurred a few hours later on Interstate-4 in DeLand.  Thirty-two year old Allison Sellers was killed when the bike on which she was riding was rear-ended by an SUV that was also traveling westbound on the highway.  The SUV driver did not stop after the accident.  However, authorities located the driver and the disabled truck about five miles from the crash scene.  A man who was also on the motorcycle at the time died in that crash, though his name has yet to be released.  That same incident also caused two cars to spin out of control as they tried to avoid the stopped motorcycle. One of those car drivers was forced off the road, and his vehicle hit a tree before bursting into flames.   

On Sunday evening another crash claimed the lives of two motorcyclists.  A man and woman were apparently thrown form their bike after being hit by a small pick-up truck. The accident occurred around 5:30 p.m. at Taylor Road and South Williamson Boulevard.  Authorities are not yet sure what caused the two vehicles to collide.  They are still investigating the accident site and interviewing the surviving pick-up driver to learn more.

As these Orlandoauto accidents demonstrate, even seemingly minor mistakes on the road can have deadly consequences.  That is particularly true when vehicles like motorcycles are involved, which generally provide much less protection to drivers than that available in regular cars and trucks.  Our Orlando car accident lawyers know that the legal ramifications around these accidents will depend on what authorities eventually uncover about the specific causes of the crashes.  All those involved, including the surviving family members of those killed in these accidents should be sure to visit proper legal professionals so that their rights are protected.   

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