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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Overland Park Train Crash Injures 11

Trains and car aren’t often involved in collisions, but when they are, the consequences are often severe.  Last week a Tri-Rail train struck a 2009 Volkswagen Jetta which was stuck on the tracks at the Commercial Boulevard and Interstate 95 crossing site in Overland Park. Although no one was fatally harmed during the crash, the train caught fire and 11 of the 275 passengers were injured, reports the Orlando Sentinel.

In recent years, apparently this particular crossing location is a familiar site where Florida train crash victims have died in a train-automobile collision. Despite safety improvement features at the crossing in recent years, in the past two years at least two people have been killed after the driver stopped on the tracks. Also alarming is the Orlando Sentinel’s report on the data retrieved from the Federal Railroad Administration (FRA), which disclosed that out of the 170 train accidents which occurred in Broward, Palm Beach and Miami-Dade Counties during the period 2005 – August 2011, nearly half, or 80 occurred on the Tri-Rail tracks.

Florida railroad safety is a major concern of the FRA, since the state has some of the highest numbers of train accidents which occur in the country. In 2010, the agency required the state to submit plans by August 2011 to reduce the number of accidents and to implement those plans within five years, according to the Orlando Sentinel. Since the accident occurred at a crossing there are many questions regarding liability for the injuries the passengers sustained during the crash. Seemingly, Tri-Rail has undertaken methods to caution drivers about potential dangers at the crossing. The railway company has installed gates, flashing lights and posted warning signs at various spots at the crossing. However, Tri-Rail employees say that gates are not installed east of the crossing so that stuck drivers could exit the tracks. Depending upon the factual circumstances involved this particular incident, Tri-Rail or the driver of the vehicle could be determined negligent and held liable in a Florida personal injury lawsuit.

An investigation is still on-going as it is not yet clear how the Volkswagen became stuck on the tracks. Investigators are more than likely reviewing witness’s accounts of the events to determine whether or not impaired driving, safety violations, speeding or other forms of negligence were factors in this Overland Park train crash. There are many reasons why train accidents occur, however, common causes include conductor negligence, collisions with another train, mechanical defects, poorly maintained railway conditions, derailments and collisions with motor vehicles. Similar to other negligent causes of actions, the injured passengers would have to prove in Court that Tri-Rail, the vehicle driver, or other parties failed to exercise the reasonable care which they were owed under the circumstances and as a result caused the injuries they sustained during the crash.

Train accident law is very complicated as there may be multiple legal issues and parties involved. Nonetheless, an Overland Park injury lawyer can help with identifying the cause, including any negligence or mechanical failures, and responsible party. If you were one of the passengers on the Tri-Rail line on the day of the incident and were injured, or you or a family member have been injured in a related train crash, you should seek the advice of a Florida personal injury attorney immediately who can advise you of any legal claims you may be entitled to.

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Hit-and-Run Accident Kills Cyclist and Leaves One Injured

The Florida Highway Patrol is seeking assistance in locating the driver of a vehicle involved in a Vero Beach hit-and run-accident on Saturday, November 12th. According to News Channel 5 WPTV.com, in a news release issued by the Florida Highway Patrol, two bicyclists were riding their bikes on Saturday evening at approximately 9:35 p.m. on the 3900 block of 1^st Street SW, south of Vero Beach, when they were struck by an unknown driver. One of the victims, a 38 year-old, died at the scene of the accident, and the other victim sustained minor injuries, was treated and released at the Lawn Ridge Medical Center.

Also, according to the report, the bicyclists were traveling east when the vehicle, believed to be a black Toyota Camry or Solara, manufactured between the years 2007 and 2010, traveling in the same direction, partially left the road and hit the deceased victim. Continuing to travel south, the vehicle then collided with the second cyclist. The impact caused each of the cyclists to be ejected onto the south grassy shoulder of the road. The driver then left the scene of the accident.

This is devastating news and further disturbing when the wrongdoer is not taking responsibility for his or her conduct. Under Florida law, leaving the scene of an accident without providing your name, address, vehicle registration and driver’s license is considered a criminal offense which has serious consequences. Moreover, drivers who negligently operate a motor vehicle and causes injuries or death to another can be sued in a civil action. Under the negligence theory, Florida motor vehicle operators must exercise reasonable care during the course of driving, and failing to do so and causing the death or injury of another makes one liable for damages the victim incurs. There are unique legal claims involved in Florida hit-and-run collisions which may entitle a victim, or family members, the right to recover damages such as medical expenses, lost earnings; and pain and suffering.

Regrettably, Florida bicycle accidents  do occur and often results in serious personal injuries or death. In 2010, the Florida Highway Safety and Motor Vehicles’ (FHSMV) annual traffic crash statistics revealed there were 4,600 cyclists injured and 76 cyclists who suffered death when involved in a crash with a motor vehicle during the year. Although this represents a 29 percent decrease from 2009, each year in Florida, there are thousands of reported traffic crashes involving motor vehicles and cyclists, as reported by the FHSMV. This trend will likely continue since more individuals use bicycles for purposes other than for recreational use. The League of American Bicyclists reports that the 2010 American Community Survey compiled by the United States Census Bureau reveals during the years 2000 – 2010, there was a 40 percent growth in the number of American workers who use a bicycle as their primary mode of transportation to and from work.  If you are the victim, or a family member has been involved in a motor vehicle-bicycle crash it is important that you consult with a Florida car accident attorney  who can advise you of your legal rights.

Anyone with information regarding this fatal accident should contact the Florida Highway Patrol at 1-800-273-8477.

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Power Boating Racing Championships Overshadowed by a Week of Tragedies

In all sporting activities there are some risks of injuries or even death. Sadly, tragedy struck at the power boating world competition series during the week of November 7 – 13, 2011. According to a recent report by The Miami Herald, during the opening competition of the Key West World Championships on Wednesday, November 9, two Missouri racers were killed. Bob Morgan, owner/throttle man of Big Thunder, and Jeffrey Tillman, driver, died when their 46-foot catamaran with four 1,200 horsepower engines abruptly swept into the air and flipped upside down. Later on Friday November 11, a 28-footer Skater with twin 850-horsepower engines skidded offshore and resulted in fatal injuries to Page Motorsports’ throttle man Joey Gratton of University Park, Florida. Stephen Page, driver, of Fort Myers, Florida, sustained minor injuries, was treated and released from the Lower Keys Medical Center. Gratton died on Saturday, November 12 at the Miami Jackson’s Memorial Hospital.

As these incidents demonstrate, offshore racing is a dangerous sporting activity. But, normally experiences at least one death per year and last week’s shocking events was incredibly abnormal. Also according to The Miami Herald during Sunday’s finale a third Florida watercraft accident happened. Two powerboat racers from New Jersey sustained non-life threating injuries. Warpaint owner/driver Bob Vesper of Sommer Points and throttle man, Danny Crank of Hammonton, were in their 38-foot watercraft with 750-horsepower twin engines when they slammed into a wave. Vesper, was treated at the Lower Keys West Medical Center and Crank was evacuated to the Miami’s Jackson Memorial Center for treatment for a torn ear and a possible concussion he suffered during the crash.

The American Power Boat Association (APBA) is the sanctioning agency which has adopted policies for its members which are aimed at preventing or reducing the number of Florida power boating accidents during its events. Still, it is probable that given these recent sequences of fatal and personal injuries, there could be renewed concerns regarding excessive speeds, machinery and equipment failures, operator inattentiveness or weather conditions which are known to be contributing injury and death factors in boating collisions. Therefore, there are a numerous legal issues to consider in such occurrences which may give rise to various legal claims.

Furthermore, it is a requirement under federal and state law that Florida recreation accidents be reported to the appropriate authorities in a timely manner. One of the goals of these reporting obligations is to ensure that the country’s waterways remain safe. Although federal law permits each state to enact more stringent reporting mandates, under Title 33 of the United States Code of Federal Regulation (C.F.R.), it is required that all boating accidents which take place upon the U.S. waterways be reported to the U.S. Coast Guard within 30 days of its occurrence. In Florida, whenever there is a casualty, accident, collision involving a vessel, or personal injury which requires immediate medical attention beyond first aid assistance, the operator of the vessel must make an undelayed report to any of the three following agencies: the Division of Law Enforcement of the Fish and Wildlife Conservation Commission, the sheriff of the county in which the accident occurred or, if applicable, the police chief of the municipality which the accident occurred. In the event the operator is incapable of providing a report, it is the duty of the owner, or a witness to the accident to provide a report to the appropriate authorities. Similarly under Florida law, each coroner has an official duty upon learning the death of a victim of a boating accident in their jurisdiction to immediately notify their nearest Department of Law Enforcement.

Nevertheless, according to the U.S. Coastal Guard’s National Boating Statistics, in 2010, Florida had a total of 608 boating accidents which were fatal, non-fatal, or with property damage over $2,000. Additionally, 69 people died and another 364 were injured during such calamities; ranking Florida as the number one state for boating injury and death mishaps. It is important to consult with a Florida boat accident attorney if you or a loved one has been involved in a boating accident in our area. This area of law is very complex and there are potential legal claims under various legal theories, including negligence, wrongful death or strict/products liability that should be discussed with an attorney to protect a party’s legal rights.

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Questions Remain About Florida Car Repossession Resulting in Injury

This week Risk and Insurance Online recently highlighted a Florida personal injury case that may be of interest to all those in our area who have been involved in Florida car repossession injuries. The case, Sentry Insurance Co. v. Hamlin, involved a man injured while having his car repossessed. In Hamlin, the Florida District Court of Appeal held that when an employee in Florida is injured he is not entitled to benefits for those injuries when his car was towed out of his employer's lot during a repossession.

The Court justified their ruling by explaining that, in Florida, injuries are not compensable if the risk giving rise to the injury is personal in nature. Here, the risks were entirely personal and not related to the work the employee was doing.

In this case, a sales associate was busy working when he was informed by a supervisor that a tow truck had pulled up in the employer's lot and was near his vehicle. After hearing this, the employee went outside to investigate and, while there, spoke with the tow truck driver. The driver informed the employee that he had an order to repossess the employee's vehicle. The employee then called his bank who told him to remove what personal belongings he had from the vehicle as it was going to be repossessed. While the employee was collecting his things from the vehicle his body was hanging partially in the car and his feet were outside the vehicle, on the ground. While in this position, the driver of the tow truck decided to drive off with the vehicle. The employee was dragged and eventually run over by the tow truck, causing substantial injuries.

The employer initially paid the employee for the time he spent in the parking lot dealing with the tow truck driver, but did not pay benefits for his resulting injuries. The employee brought suit and the Florida District Court of Appeal found for the employer. The Court decided that the employee was not entitled to benefits because his injuries did not arise out of his employment.

The court examined whether the injuries arose from a risk incidental to work, explaining that mere presence at the workplace does not mean an injury arose out of employment. If employees are engaged in acts of personal comfort, breaks designed to refresh themselves before returning to work, this can be deemed work-related. Here the Court found that recovering property from a repossessed vehicle is not the type of activity associated with creating a "refreshed" employee. The employee was instead "carrying out a mission that was purely personal." Furthermore, the employee was also not acting in an emergency nor was there any evidence that he believed he was responding to an emergency. The employee admitted he was only in the car retrieving his personal items because the bank told him to, not due to an emergency or any work-related request.

Of course, this case dealt with a legal case brought against the employer in these situation, and not against the likely negligent tow truck driver and company. Legal rule are very much different depending on the actions of each specific defendant. These legal complexities make it imperative for all those involved in these accidents to visit a Florida car injury attorney to discuss your legal options. Though the Court has foreclosed the option of seeking damages from your employer if you were injured as a result of personal activities, a Florida car injury lawyer will be able to examine your specific case and determine what options are available to you.

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Florida Insurance Fraud Grows Expensive

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Florida Insurance Fraud Grows Expensive

Enterprising criminals in Florida are using Florida’s no-fault insurance laws to game the system at the expense of ordinary policy holders. It’s the law-abiding citizens that are increasingly covering the costs of the growing Florida insurance fraud cottage industry and legislators must now face the issue of what to do to curb the problem. It is also the real victims of Florida car accident injuries who are given a bad name by this abuse. With insurance rates throughout the state soaring as a result of the fraud, the only question that remains is whether legislators with so many other priorities will carve out the necessary space to address the issue during next year’s legislative session.

Any practical solution should tread a narrow line and attempt to reduce the rampant fraud while preserving the no-fault insurance which was designed to protect victims of car accidents. A total repeal of the no-fault law would end up causing harm to the same innocent policy holders who are now being punished by the fraudsters’ misbehavior.

The statistics speak for themselves. Since 2004, the number of Florida drivers has been fairly constant. The frequency of car crashes has even decreased. Add together safety efforts and their increasing effectiveness, better seat belts, improved air bags, more aggressive enforcement by police officers, and the result should be reduced medical costs associated with auto accidents. What has actually happened is that the benefits paid by insurers under the state’s no-fault law, called PIP (personal injury protection), have jumped some 70 percent since 2008.

Florida Insurance Commissioner Kevin McCarty estimates the insurance fraud in Florida has led drivers to pay $900 million more in insurance premiums. One would expect the increased premiums to be a boon to insurance companies; on the contrary, insurers are hemorrhaging money under their PIP claims. For every $1 insurance companies collect they are paying $1.40 in claims. This despite some companies raising their PIP premiums by as much as 50 percent in recent years.

The typical automobile insurance fraud scheme in Florida goes as follows: Fraudsters realize that under the state’s no-fault law, monetary damages from an accident up to $10,000 are covered by each driver’s own insurance. Knowing this, the criminals then set about staging an accident. With the fake accident now having taken place, both sides go to an unscrupulous medical clinic and bill their insurers for up to $10,000 for a variety of procedures that were never obtained. Other fraud occurs when dishonest lawyers or medical clinics exaggerate injuries for victims from legitimate crashes to unload even more money from insurers.

Auto insurance fraud was initially a problem confined to South Florida. However, this has changed dramatically and with incredible speed. As the economy has soured, the prevalence of these scams has spread north to Tampa and Orlando. In 2010, Hillsborough County had an estimated 739 staged accidents; Orlando, 394; and Miami, 292. Though some of the criminals responsible for setting up these elaborate hoaxes were eventually apprehended many more were not.

Our Florida car crash attorneys know that though such crimes aren’t especially hard to investigate, the fact of the matter is that law enforcement is stretched thin with a multitude of priorities and lacks the financial and human resources to deal with so many questionable claims.

The increasing costs associated with auto insurance fraud in Florida has prompted some in the industry to push for a change. They have suggested that Florida abolish its no-fault system in favor of a policy that holds the negligent driver responsible. While talk of such change swirls around the state, Florida’s insurance consumer advocates want to ensure citizens and legislators alike don’t forget that the main purpose of no-fault insurance is to help innocent Florida car accident victims regain their lives as soon as possible after a crash. It remains important for all victims of actual area crashes to ensure that they visit with a Florida car accident attorney to learn about their rights and ensure they are protected.

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Curbside Bus Accidents Detailed in New Report

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Curbside Bus Accidents Detailed in New Report

According to a recent report from the Independent Florida Alligator, some concerns are being raised by students and other in Florida who consistently use curbside bus services.   A report by the National Transportation Safety Board (NTSB) has found that popular, low fare curbside buses have a significantly higher fatal accident rate in Florida and elsewhere than conventional bus carriers.  The federal report released last Monday showed that curbside buses have a fatal Florida bus accident rate seven times higher than that of other types of interstate bus operators. These curbside bus companies in Florida and other states also had higher roadside inspection violation rates.

“Curbside buses pick up passengers from street corners, parking lots and in front of retail stores rather than using traditional bus terminals. More than half of the companies have been in business for 10 years or less, and 44 percent have 10 or fewer buses,” noted the report by the National Transportation Safety Board.  Reuters reports that these travel options are popular, because fares on curbside buses can be as low as $1 and rarely exceed $30. New York City is a popular destination for curbside buses from Canada and states such as Connecticut, Virginia, Maryland, Massachusetts and North Carolina.

The difference in Florida bus crash rates between the varieties of bus services is not insubstantial. The fatal accident rate for curbside buses between 2005 and 2011 was 1.4 per 100 vehicles. That is compared with 0.2 percent for conventional buses.  According to a report by the Advocates for Auto and Highway Safety, “This year, there have been 23 interstate bus accidents in which 33 people have been killed and 452 others injured.”

The NTSB compiled the report at the request of U.S. Senator Charles E. Schumer (D-NY) and U.S. Congresswoman Nydia M. Velázquez (D-NY) after a March 2011 curbside bus accident in New York’s Bronx left fifteen passengers dead and eighteen more injured.   Since that time, the NTSB has investigated or reviewed five curbside bus accidents in which 22 people died and 159 sustained injury.

Some policymakers have been clear that they blame lax oversight of the industry on the problem, while others disagree.  Senator Schumer argued, “It’s abundantly clear that the oversight of this industry has not kept pace with its growth and the consequences have been deadly. The NTSB report is a wake-up call that we need a more rigorous regulatory regime and it provides a blueprint for how to fill the gaps.”

Because consumers buy tickets for curbside buses online through third party ticket brokers, it is difficult for them to check the safety record of the bus carrier, reports The Associated Press.

“When travelers board a bus, they should feel safe, whether the trip starts in a terminal or at a Chinatown sidewalk,” said Rep. Nydia M. Velázquez (D-NY). “The NTSB study has revealed important information about curbside motorcoach travel and, in the coming weeks, we’ll need to continue working to improve the safety regulations that govern this growing industry.”

The report claimed that the FMCSA is may be overburdened, making it difficult to keep up with inspections, with a ratio of just 1.15 investigators per 1,000 motor carriers. Curbside carriers shut down for safety violations often reopen under a different name, called reincarnated carriers, repainting buses, moving to different states and placing company ownership in another relative’s name. The lack of curbside carrier’s fixed terminal and incorrect contact information provided to regulatory authorities by carriers made scheduling and conducting inspections difficult.

“Business and safety practices within the growing curbside bus industry create challenges for enforcement authorities and consumers alike when it comes to separating the safe operators from the unsafe operators,” Chairman Hersman said during a press conference.  Of course, not all bus accidents are the fault of the bus driver or bus company.  The legal rules surrounding bus crashes hinge on the specific facts in specific cases.  Our Florida bus accident attorney recommend that all those involved in these accidents seek out proper legal representatives who are experienced in these matters and can explain the legal principles that are likely to guide the final outcome.  Florida injury attorneys are capable of looking into the details of an individual case and helping involved parties better understand whether or not liability will likely attach and what options are best for those involved. 

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Apopka School Bus Crash Injures Seven

Traffic collisions are the most common cause of accidental injury that strikes in Florida.  Considering that virtually everyone travels on our area roadways several times a day, it should not come as a surprise that Florida car accident injuries strike with startling frequency.  All vehicles on the roadway can get caught up in an accident, from eighteen-wheel semi trailers to bicycles.  For example, late last week, the Orlando Sun Sentinel reported on an Apopka school bus accident. 

The accident struck last week as the school bus was filled and bringing children to a nearby school for morning classes.  According to reports, shortly after 8 a.m. the school bus was traveling on Orange Blossom Trail at Neal Sibert Drive when the accident occurred.   The bus stopped on the road to pick up students that were standing nearby waiting for the ride.  At the same time, a Lynx bus was traveling behind the bus on the same road.  However, the Lynx bus driver was apparently not paying proper attention to the road in front of him, and he did not notice that the school bus had stopped.  As a result, the Lynx bus slammed into the back of the school bus.  As often happens in accidents involved vehicles with many passengers, there were several injuries.  All told at least seven people were taken to the hospital, including four children.   The Lynx bus driver and two passengers on the Lynx bus were also injured. 

Authorities are still investigating the crash to determine all of the factors in play that led to the accident.  However, the Lynx bus driver was cited for careless driving for failing to stop before hitting the bus. When it comes to any possible civil lawsuit that stems from this accident that citation will likely play a role in an Apopka bus accident lawsuit, but it is not necessarily determinative. 

Those hurt in this accident can file a civil lawsuit to recover for their losses.  That suit would likely be based in the law of negligence.  Under normal circumstances, to win a negligence case the victim must show that another breached their duty of care causing them injury.  These suits can be filed after traffic accidents even where no specific traffic citation was filed.  However, if a citation is given to a driver, that citation will likely be used as evidence by the plaintiff in the case to show that a duty was owed and breached.  In other words, if a defendant violates a statute, then the court will often use that fact as proof that several of the elements needed to win a negligence case were shown.  It doesn’t necessarily end the case but moves it along.

Besides implicating a statute, this Florida Lynx bus collision also likely involves the legal principle known as respondeat superior.  If a suit is filed, the victims will likely seek to hold the Lynx company itself responsible for the actions of its employee—the bus driver, Raymond Mieles.  Under the principle of respondeat superior, the employer may be held vicariously liable for the conduct of their employees if performed in the course of their employment.

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The Miami Herald recently published a string of stories related to the Homestead, Florida plane crash that struck last weekend, killing the two occupants inside the aircraft.  According to reports the accident occurred last Saturday morning, shortly after 10:30am.  The ultra-light plane—a yellow single-engine fixed wing craft—began spiraling downward not far from Richards Field Airport.  According to the National Transportation Safety Board spokesman who discussed the matter, the plane began to nose-dive and eventually crashed about a thousand feet from Richards—a private grass strip airport northwest of Homestead in southern Florida. 

Initially, authorities did not know the identities of the two victims, a man and female.  However, it was confirmed early on that the owner of the plane, Louis Richard Bragassa was not in the plane when the Florida plane crash occurred.  Last night the identities of the victims were finally released.  The pilot of the airplane was fifty-seven year old Rick Blanco and the passenger was forty-seven year old Andra Bronnenberg.  The National Transportation Safety Board expects to release a preliminary report on the tragedy by the end of this week.

It is common for a Miami plane crash attorney to mention the Latin phrase res ipsa loquitor when discussing the legal issues related to these accidents.  Res ipsa loquitor mean “the thing speaks for itself” and refers to an incident that could only happen due to some act of negligence.  In other words, it is a legal principle that is often used when the specific cause of some tragedy remains unknown, and a victim is asserting that the event could not have occurred but for some act of negligence.  Plane crashes are a common example of this principle at work, because planes do not normally fall out of the sky.  Therefore, some some form of negligence is likely to have caused the problem.

However, res ipsa loquitor is a principle that does not necessarily provide any firm legal conclusions.  Instead, close examination and investigation is still required following most of these tragedies to specifically determine how liability should be apportioned should a Florida plane accident lawsuit be filed by an involved party or their surviving family members.  As a basic matter, it will need to be determined if a malfunction with the aircraft or pilot error were involved in the crash.  However, no matter what the specific cause was, there are other factors that might play into the legal issues of the crash.  For example, if pilot error were involved, it must be determined why Mr. Blanco was in the aircraft, what his experience level was, and what his relationship to the plane owner was.  Similarly, if a mechanical problem was the root cause, then the recent maintenance issues would need to be investigated and similar information would be crucial to all legal resolutions.

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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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