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Injuries Archives

Florida's Dram Shop Act: Should Clubs or Bars Be Liable For Injuries Their Intoxicated Patrons Cause?

Thumbnail image for Dram Shop.jpgShould a bar or club be held liable for the injuries or deaths caused by their intoxicated patrons? Florida's law on liability of a bar is unique. Florida Statutes Section 768.125 states that if a person "willfully and unlawfully" provides alcohol to a minor under age 21 or "knowingly" provides alcohol to a person "habitually addicted" to alcohol, that person may be held liable for any injuries caused by the minor or the "habitually addicted" person. This statute is called Florida's Dram Shop Act. Unlike many states, Florida's Dram Shop Act does not mention serving alcohol to someone who appears or is actually intoxicated. Recently, in Stephanie De La Torre, et al. v. Flanigan's Enterprises, Inc., occupants of a vehicle were injured in an accident. The occupants brought a negligence action against a restaurant that served alcohol to the driver of the other vehicle that caused the accident. At the trial level, the Circuit Court, Seventeenth Judicial Circuit, Broward County, John B. Bowman, J., dismissed the case. The occupants appealed the trial court's decision. The parties in this action agreed that the Dram Shop Act limited the bar owner's liability. However, the injured claimants attempted to argue that the bar undertook a responsibility to prevent the driver from driving under the influence.

Studies Show An Increase In Gym Injuries

We are only one month into 2016 and for most of us getting into shape is one of the goals for this year. Part of getting into shape is getting to the gym and lifting those weights and introducing cardio into our exercise regime. Whatever your fitness goals, getting injured surely isn't one of them. But according to a study from the University of Arkansas, there has been a 35 percent increase in gym injuries in recent years. As mentioned above, there is research that shows an increase in gym injuries and even treadmill injuries as shown below.

Safety Alert: Hoverboard Injuries On The Rise

I have to admit, I have not gotten on a hoverboard, but I have seen them all around my neighborhood and I have seen them on tv, the internet and have read numerous articles about hoverboards. I am hesitant to buy them for my children based upon the risks that come with the hoverboards and the lack of regulations that the toys have or warnings that the manufacturers give to consumers. I have done enough research that most people who do use a hoverboard do not use it safely and as a result....ER physicians are seeing hundreds of people with injuries because of dangerous falls that are occurring.

Pre-existing Injuries And Personal Injury Claims

This year, Florida's Second District Court of Appeal weighed in on whether or not a pre-existing injury unrelated to a car accident was relevant and discoverable by the defendant. In Muller vs. Walmart Stores, the plaintiff alleged he sustained an injury at a distribution center when he was struck by a truck owned by Walmart and driven by one of it's employees. During discovery (the information gathering phase of the case), plaintiff revealed he had served in the U.S. army and had three different injuries in that time period. The plaintiff stated that he was not asking money for the aggravation of those prior injuries. Regardless, the defendant requested the plaintiff's entire military personnel file, some of which is classified as sensitive information. The plaintiff argued these records were irrelevant to the case at hand. The trial court granted the defendant's request, but the appellate court reversed. The appellate court found that, while there may be relevant information in the plaintiff's military records, the records also contain a lot of information that would not be pertinent to the present case. Thus, permitting the defendant access to the records would be "highly intrusive to [the plaintiff's] private interests." Consequently, the case was remanded (sent back) to the trial court, so that the trial court could receive the military file, review it, and only disclose the relevant documents to the defendant. Muller vs. Walmart Stores Inc., 164 So.3d 748(Fla. 2nd DCA 2015) To read the appellate decision: http://caselaw.findlaw.com/fl-district-court-of-appeal/1701679.html

Waste And Recycling: Work Related Injuries

The Northwest Florida Daily News reported that last Thursday a 34-year-old temporary City of Milton employee was killed after being pinned between a garbage truck and another vehicle. At 7:10 a.m., the Milton man was collecting road debris on Magnolia Street and was in the process of putting the debris in the back of the garbage truck when another vehicle collided with the back of the garbage truck, pinning the 34 year-old male. The media release from the City of Milton said the male was pronounced dead at the scene. Moreover, the driver of the other vehicle, who is not being identified, was flown from the scene with critical injuries. A similar crash killed a 55-year-old sanitation worker in Destin in November 2000. A man was killed while emptying trash cans on Calhoun Avenue in Destin when he was pinned between the truck and a car that rear-ended the truck.

Whiplash Injuries

A 21-year-old Freeport man was critically injured in a car crash in Destin early Friday morning. The rear-end crash happened around 3:15 a.m. near 34884 Emerald Coast Parkway, east of Matthew Boulevard, according to the Okaloosa County Sheriff's Office. The Freeport man was driving a Honda Civic. He rear-ended an Infiniti driven by a 41-year-old man from Katy, Texas, the Sheriff's Office said. He was extricated from the car and taken to Fort Walton Beach Medical Center with critical injuries, the Sheriff's Office said. The hospital said Friday afternoon that he remained in critical condition. The other driver was not injured, although some of the passengers in the Infiniti were taken to Destin Emergency Care after the crash.

Traumatic Brain Injuries: Cause and Prevention

As a personal injury law firm, we are familiar with the term "TBI" or traumatic brain injury. We have encountered clients with TBIs as a result of a car accident or a fall. Many of our clients are confused as to this diagnosis and we guide them to the necessary health care providers to treat and educate them on this permanent debilitating injury.

Father And Son Team Working Together To Serve Our Clients

Our legal team consists of attorney Wm. Dennis Brannon and his son C. Paul Brannon. We work together as a father and son team to provide our clients with exceptional service and solutions in motor vehicle accident claims and other personal injury matters.

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