Jacksonville Personal Injury Blog

Six people were rescued from a boating accident near Florida in the Atlantic this week, about 90 miles east of Jacksonville after their boat started to sink.

According to a report, a Good Samaritan saw the boat sinking and called the Coast Guard to the rescue.

A Navy P-3 aircraft was used to help spot the sinking boat while a Coast Guard helicopter came from Clearwater on the west coast to pick up the passengers. A Coast Guard jet came from Miami with a de-watering pump the boaters could use.

Fortunately, the boaters had their life jackets on and were spotted quickly; both of which saved their lives.

The Coast Guard estimates that in about 80 percent of boating fatalities, the passengers could have been saved if they had been wearing their life jackets. Boaters primarily die from drowning, according to Coast Guard statistics and among those in 2002, 85 percent were not wearing a personal flotation device.

Whether you are sinking in heavy seas or thrown off a dock or boat, a life jacket will keep you afloat, even in freezing water. However do not try to use an adult life jacket on a child, it does not work.

Boating fatalities have actually declined from a high of nearly 2,000 nationwide, reports the Coast Guard, but thousands are injured every year in boating accidents. The boat owner has the responsibility to remind everyone onboard to wear their jackets because accidents happen swiftly, leaving little time to reach a stowed jacket.

As experienced Jacksonville personal injury attorneys at Farah and Farah, we are encouraged that these people understood boating safety and were lucky enough to be found in time. If you or a loved one has suffered injuries and think that negligent or reckless operation led to your accident, you may be entitled to compensation. Call the skilled boating accident attorneys in Florida at Farah and Farah today for a case evaluation.

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Posted In: Boating Accident , Personal Injury

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A class-action product liability lawsuit has now been brought against home builder Lennar on behalf of homeowners living in Florida with sick homes made with drywall that originated in China, according to a report.

This is just one lawsuit in Florida while many others have been filed in other states naming the Chinese drywall maker, builders and their suppliers. People claim they are getting sick from the sulfur gasses and fumes coming from the drywall used primarily in 2005 and 2006. The off gasses are also corroding wiring, mirrors, metals, and electronic equipment.

Lennar in turn has sued the Chinese drywall manufacturer and distributor and is doing what it can to fix the outstanding problems.

People who have lost property and their health, not to mention a home, likely have a toxic and defective building product and have suffered product liability injury. Estimates up to 100,000 homes in the U.S. may be affected including Alabama, Louisiana and Mississippi.

The results of a state Department of Health investigation as well as uncovering multiple layers of responsible parties will be what an experienced Florida product liability lawyer needs to investigate.

The builder is in the best position, not to mention ultimately responsible, for what they use as raw materials to build a home. These homeowners shouldn’t suffer bloody noses, headaches, and who knows what other health problems, resulting from gasses emitting from their walls. Product liability here is evident; however what’s not so clear is the chain of command and just who knew or suspected they may have a problem and failed to correct it.

For about 100,000 people, their home is anything but home sweet home.

It is unfortunate when products are put on the market that can cause serious injury because adequate testing or research wasn't done. Under product liability law, manufacturers have an obligation to ensure their products are safe, or at least warn of any hazards that could occur from using them.

If you have suffered bodily injury from a defective product, including drywall in your home, you may be entitled to compensation for any losses or medical bills. Call the skilled product liability attorneys in Jacksonville at Farah and Farah today for a case evaluation.

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Posted In: Personal Injury , Product Liability

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Big Tobacco has some close friends among the Florida legislature meeting in Tallahassee. According to an article from tampabay.com, Senate Bill 2198 caps the bond Big Tobacco would have to set aside in case they lose the cases filed by about 8,000 sick smokers. These are cigarette lawsuits filed by survivors of spouses who died from cigarettes, or by those injured permanently.

The bill will allow Big Tobacco a safe haven to appeal every judgment by posting bonds of no more than $100 million. A bond is required to be posted before an appeal can take place. And filing appeal after appeal can take time – all in Big Tobacco’s favor.

If a plaintiff dies, their survivor can take over a case, but if both die, the case goes away. Paving the way for endless appeals is a slap in the face to these people who have already waited decades to have their tobacco litigation day in court. Both a House and Senate committee have pushed through the bills.

This was very good news for Philip Morris, R. J. Reynolds Tobacco, and Lorillard, which will be allowed to use the system against the injured.

Chalk this up to a corporate bailout for an industry that has been established by the Florida Supreme Court. Deceiving the public and knowingly manufacturing a product they knew was highly addictive, knowingly manufacturing a product they knew caused more than a dozen horrible diseases; and who intentionally marketed this very dangerous product to the youngest of Americans.

Continue reading " Shielding Big Tobacco From Liability " »

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Posted In: Personal Injury , Product Liability , Tobacco Lawsuits

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The investigation into an Easter Sunday boat crash on the Intracoastal Waterway south of Jacksonville is expected to take some time to piece together, but one theory has been a known problem for some time.

David Roach, who is the executive director of the Florida Inland Navigation District, has been speaking out about the eight mile stretch of waterway in the channel that encourages some boaters to use it as a speedway. The Navigation District has been lodging complaints for years to the Army Corp of Engineers that the docks intrude into the channel.

Without breaks, boaters may find that trying to steer out of trouble can be deadly. In a report, Roach tells the Florida Times Union, “I think that’s what you saw here, [the dock] was so close to the channel it didn’t give this person any degree of error. Once she strayed out of the channel she was in trouble.”

We now hear that the area of the recreational boating accident is known as ‘the ditch’ to boaters in the area because it is so narrow and shallow and that even experienced boaters have trouble navigating them. Some of the docks are built 36 feet from the edge of the navigation channel, which in itself is only 125 feet wide. A dock on both sides of the channel does not leave much room to maneuver.

Five people were killed Easter Sunday when their 22-foot boat hit a tugboat in the Intracoastal Waterway in Palm Valley just south of Jacksonville. Altogether 14 were on the boat when it slammed into a tug tied up to a barge at a worksite building a boat lift.

And while alcohol was suspected to play a large role in the death count, the driver’s blood alcohol count reveals she was most likely not intoxicated. The 44-year-old woman had a BAC of 0.035, well below the level for intoxication in Florida at 0.08. That means the driver had the equivalent of a drink and a half.

Continue reading " Easter Sunday Boat Crash: Intracoastal Docks a Problem for Boaters " »

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Posted In: Boating Accident , Personal Injury

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This story could have had deadly consequences and it all happened during the morning rush hour.

Six students were injured when a school bus was struck by a SUV Thursday morning. Just after 9 a.m. police were called to the collision at the intersections of Firestone and Melvin Road in Jacksonville.

A flashing four-way intersection with a red light stopped the bus driver and police say he was proceeding into the intersection when the black SUV entered the intersection running the red light and plowing into the side of the bus.

Among the 30 students on the bus from Jefferson Davis Middle School, six were transported to area hospitals, as well as the bus driver, and two adults in the SUV. The conditions of all of those hurt in the auto accident in Jacksonville are reported to be minor.

The accident was only a quarter mile from the school, so the rest of the students walked while the road was closed as police pieced together the collision.

This Florida bus accident accident serves as a reminder – in the presence of a school bus, drivers need to show extra caution and slow down in case that stop arm comes out of the bus. Even if it is the early morning rush hour, perhaps especially if it is the early morning rush hour.

At a flashing red light, always stop, not slow down, but stop. Yellow means you show caution and slow down. Imagine if a student has just disembarked.

This driver should be heavily ticketed and thankful that no one was seriously injured.

If you or a loved one has been injured in a car accident or bus accident in Jacksonville that was caused by the negligence of someone else, you may be entitled to compensation. Contact the experienced personal injury attorneys at Farah & Farah for a case evaluation today.

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Posted In: Auto Accidents , Bus Accident , Personal Injury

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So far about 1,500 people have signed a Facebook memorial for one of the victims of last Easter Sunday’s boat crash near Jacksonville. Liz Rosenfeld, 20, and a student at the University of North Florida was buried Thursday. Two women who worked at the Clay County YMCA will be buried Friday.

They were three of the five people killed last Sunday evening when their 22-foot boat hit a tugboat in the Intracoastal Waterway in Palm Valley just south of Jacksonville. According to a report from news4jax.com, altogether 14 were on the boat when it slammed into a tug tied up to a barge at a worksite building a boat lift in this tragic coastal accident in Florida.

Among those killed was a 23-year-old woman from California. Two other people in their 20s and two in their 40s, all from the Ponte Vedra Beach, Jacksonville Beach, or Jacksonville area. The 44-year old woman killed was a local math teacher.

Nine were injured and three had to be airlifted to area hospitals. Shortly after 9 p.m. Shand’s trauma center took in the mass casualties that included blunt trauma, head injuries, fractures, and internal injuries.

Alcohol was present at the site of the private boating accident in Florida, but there is no word on who was driving and whether he or she was impaired, which is illegal, though it is not illegal to have an open container of alcohol on the boat as it would be in a car.

The crowd was traveling north from The Conch House Marina in St. Augustine. Expect charges to be filed. The 22-foot Crownline was over capacity by two passengers and it was traveling in a no-wake zone. Witnesses at The Bridge restaurant say they saw it going nearly full throttle then they heard the emergency vehicles.

Continue reading " Palm Valley Fatal Boating Accident Kills Five And Leads to Tributes, Grief and Questions " »

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Posted In: Boating Accident

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Too bad you can’t be sued for being morally corrupt. There is no law on the books yet, but this guy would certainly qualify.

Apparently the Florida Attorney General agrees. AG Bill McCollum is asking the Duval County Circuit Court to issue a permanent injunction against Showbiz Promotions and its owner, Jaime Salcedo.

He is the Jacksonville “businessman” who created toys in the image of slain 2-year-old, Caylee Anthony, and chew toys resembling former NFL player Michael Vick who raised fighting pit bulls, has been sued.

It seems that Slcedo’s justification for such enterprises was that profits from the “Inspirational Caylee Sunshine Doll” and the chew toys would go to benefit the National Center for Missing and Exploited Children and local animal shelters.

Not really. Prosecutors say that was a front promoted by the promoter, and that little or no contributions were made to those nonprofit organizations. Salcedo mislead consumers in a question of Jacksonville product liability and fraud.

"Any company that intentionally misleads innocent consumers to believe they are contributing to worthy charitable causes is absolutely reprehensible," McCollum said to Channel 4 in a report. "It is disgusting that a company would exploit a tragic situation for personal gain."

Apparently the veil of ignorance has been lifted from Salcedo’s eyes. He’s decided to cancel sales of the Caylee doll after public outcry following the discovery of the dead little girl near her grandparents’ Orlando home.

Continue reading " Florida Man Sued For Caylee Doll, Vick Chew Toy " »

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Posted In: Personal Injury , Product Liability

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It was reported in an article yesterday, April 8, 2009 that Raptiva (efalizumab), used to treat patients with chronic plaque psoriasis, has been taken off the U.S. market by manufacturers Genetech, Inc.

The company has withdrawn the defective product because of a potential risk of patients developing progressive multifocal leukoencephalopathy (PML), a rare and seriously fatal neurologic disease caused by a virus that affects the central nervous system. Genetech estimates that 46,000 patients worldwide have been treated with Raptiva since its FDA approval in 2003.

Approximately 2,000 patients in the U.S. may be receiving Raptiva for chronic plaque psoriasis. Anyone who is currently taking Raptiva should see their physician immediately to discuss alternative treatment. There is potential for severe psoriasis worsening if a patient abruptly discontinues using Raptiva, which is why patients must talk with their doctor before stopping treatment.

PML is not the only side effect from use of the dangerous drug Raptiva. Since the drug is an agent which suppresses the immune system, many serious viral and bacterial infections have been known to occur.

Continue reading " Raptiva Drug Recall " »

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Posted In: Defective Drug , Pharmaceutical Litigation , Product Liability

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Two drivers of SUVs were killed in a Jacksonville car accident at the beginning of the Easter holiday, according to an article.

They died Friday night on State Road 9A in a three-vehicle wreck. According to the Florida Highway Patrol, around 6:30 p.m. a red Suzuki SUV traveling north onto the Dames Point Bridge suddenly changed lanes and struck a southbound Toyota SUV head-on.

Both drivers were transported by air ambulance to nearby Shands-Jacksonville Hospital but both died. The first person has not been identified but the Toyota driver was 21-year-old Jimmy Paul Le. People blogging since the accident say that Jimmy was always smiling and had many friends and admirers. Our condolences go out to his family.

A third person was also injured in the wreck but luckily he walked away from the car accident in Jacksonville which closed 9A southbound for hours just as the holiday weekend was beginning.

Continue reading " Jacksonville Car Accident Kills 2 on State Road 9A " »

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Posted In: Auto Accidents

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It turns out the driver of an 18-wheeler that ran into a school bus killing one student, had been texting, according to a report on the fatal Florida truck accident.

30- year-old Reinaldo Gonzales turned himself into the Florida Highway Patrol last Tuesday. He was booked in the Marion County jail in Ocala, Florida charged with vehicular homicide and reckless driving with serious bodily injury.

The auto accident in Florida happened seven months ago and Gonzales has been a free man since then. This angers the parents of 13-year-old Frances Schee, who was the last child trapped on the burning bus when passersby in the Florida town of Citra came to the rescue.

The Florida Highway Patrol explains the seven months by saying that these investigations take time.

Gonzales admits he was text messaging just minutes before he slammed into the rear of the bus with his 18-wheeler.

On the side of the road, U.S. 301 where the crash took place, a memorial still stands to honor the 11 children hurt and one girl killed.

Since the Florida bus accident, several lawsuits have been filed. The Key family has sued Marion county schools. “Since this tragedy we have not felt the board has been responsive to our concerns.”

Continue reading " Florida School Bus Crash Caused by Negligent Trucker Kills One, Injures Many " »

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Posted In: Auto Accidents , Bus Accident , Personal Injury , Truck Accident , Wrongful Death

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Medtronic, the company that’s facing a slew of product liability lawsuits over the defective medical device Sprint Fidelis cardiac wire, now agrees the death count is higher than first reported.

An independent panel of physicians concluded that 13 have died from the defibrillator lead, up from the five deaths the company previously revealed.

Last month, Medtronic told doctors that leaving the lead intact was perhaps the best choice for the majority of patients since four of those patient deaths happened while trying to remove the defective lead.

The defective lead was in the heart of about 270,000 patients when Medtronic pulled the device in October 2007.

The Sprint Fidelis lead which delivered either too many shocks or didn’t deliver an appropriate shock to steady a heartbeat, is the focus of lawsuits charging product liability, negligence, fraud, and breach of contract, among other charges.

If you were told about the number of deaths, would you want this product put in your chest?
Patients can ensure they are safe from defective drugs and defective medical devices in Florida and throughout the nation only when their makers fully and openly disclose the side effects. It would be nice if they did the right thing for the right reasons, but too often the motive of profit clouds judgment.

Continue reading " Medtronic Defibrillator Lead Killed 13 " »

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Posted In: Defective Medical Device , Product Liability

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Cleveland Browns wide receiver Donte Stallworth is facing DUI manslaughter charges for hitting a pedestrian crossing a Miami causeway March 14th, according to a report. Stallworth’s Bentley hit the man early in the morning as the pedestrian was running to catch a bus home from his construction job.

There are a couple of things to consider in this fatal drunk driving accident in Florida. The pedestrian, Mario Reyes, 59, was not crossing in the crosswalk. Technically, that could put him at fault since Florida does not have the same consideration of pedestrians as California does. You stop for a pedestrian in California- period.

But Stallworth’s blood-alcohol measured .126 after hitting and killing Reyes and for that, Stallworth, 28, could face up to 15 years in prison.

Police said that the NFL player had been drinking at the Fountainbleu Hotel on South Beach and was going home around 7 a.m. Stallworth saw Reyes. He blinked his lights at him as a warning. He was also driving about 50 in a 40 mph zone. One factor that Stallworth does have on his side is that stopped and told police that he hit the man lying in the road.

Stallworth had just signed a seven-year $35 million contract with the Browns just before he was injured and sat out much of the year.

The Miami-Dade State Attorney says it best and it bears repeating. “If you are going to drink, don’t drive.”

Continue reading " NFL Player Donte Stallworth Faces Charges for Killing Man in Pedestrian Accident " »

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Posted In: Auto Accidents , Drunk Driving Accident , Personal Injury

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