Jacksonville Personal Injury Blog

Toyota is halting Lexus SUV sales. It’s only happened once before in ten years. Consumer Reports, the well-respected consumer magazine and nonprofit organization, has issued a ”Don’t Buy” warning about the Toyota Lexus GX 460 because the consumer group calls it a “safety risk.”

The problem – the vehicle can roll over during sharp turns because it has handling problems. 6,000 of the vehicles have been sold since it went on sale in late December. Toyota is now asking Lexus dealers to stop sales of the GX 460.

Consumer Reports tested the $52,000 vehicle on its race track and said it was prone to slide when driven in sweeping turns, reports the NY Daily News. The 4Runner and GX460 are built on the same platform but the 4Runner did not have a similar problem.

“In a real world situation if they were to slide out on a paved road in that manner the rear wheel could hit the pavement and could cause a rollover. It’s called a trip rollover and that’s the most common type of rollover,” said Rik Paul of Consumer Reports.

And electronic stability control takes too long to kick in. Toyota says its tests provide a good indication of how they will perform in the real world. Toyota vows to try to duplicate the CR test to determine if appropriate steps need to be taken. The “Don’t Buy” warning is only for the current year and not for past models, reports Associated Press.

Auto product defects have the potential to affect thousands of Americans. Jacksonville accident attorneys who handle automotive product liability cases can attest to the tragic loss that serious crashes caused by auto design flaws can create. Hopefully, auto manufacturers can better maintain their responsibility of designing and creating vehicles that are safe for consumer use.

Gainesville is located in Florida within Alachua County and is home to about 114,375 residents. In being recognized in the 2007 edition of Cities Ranked and Rated, Gainesville took the number 1 rating for the best place to live for its beautiful scenery. National Geographic Adventure also included Gainesville as one of the “best places to live and play,” which inhabitants, visitors and University of Florida students can attest to. As a popular and aesthetic city in Florida, Gainesville calls for several bicyclists. However, as a consequence of negligent driving or improperly maintained roadways, bike accidents in Gainesville occur from time to time.

Accident statistics for 2008 from the Florida Highway Patrol noted that 118 bicycles were killed in accidents and 4,775 crashes involving bicycles took place. An injured bicyclist may seek compensation when injured in an accident caused by another person’s negligence, such as when a motorist is driving while under the influence of alcohol or was violating a traffic law. In such instances, an injured victim may want to seek legal counsel and representation from an experienced Gainesville bicycle crash lawyer.

All drivers of small or commercial vehicles have the duty of following all laws of the road, including checking blind spots for bicyclists before making a lane change. Bicycle accidents in Gainesville can create unexpected and serious physical, financial and emotional challenges for an injured bike rider and his or her family. Some frequently experienced bicycle collision injuries include fractures, broken bones, severe cuts, torn ligaments, disfigurement, paralysis, head injury, and even death.

At Farah and Farah, our Gainesville injury attorneys assist those injured in bike accidents and various other types of accidents brought about by someone else’s negligence or reckless behavior. In our many years of experience helping injury victims receive the compensation that they deserve, we know what it takes to reach a successful outcome in a wide range of injury cases. Contact Farah and Farah today to find out more about your legal rights and to schedule a free consultation by calling us at our Gainesville office:

(352) 375-3393
2233 NW 41st. St.
Suite 700-1
Gainesville, FL 32605


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It’s been one year since an experimental plane crash in Marion County that killed the pilot. On March 6, 2009, the crash occurred in an RV park just off CR 25 in Ocala, according to an Orlando Sentinel article. An 80-year-old pilot was flying the experimental, amateur-built Stewart S51 plane, which was a 2/3 scale replica of a p-51 Mustang fighter. The National Transportation Safety Board report says that the pilot told his wife the test flight was “beautiful.” Witnesses reported they heard the engine sputtering before the plane crashed between two unoccupied RVs and then burst into flames. Our hearts go out to the wife of this adventurous man who lived life to the fullest.

The nine-page NTSB report does not indicate an actual cause of the crash. It includes four pages of flight history, personal information, weather reports, and notes from several witnesses who heard the engine sputter. The man was in the air for 0.3 hours. He was certified with a multi-engine rating and was a certified flight instructor and had nearly 14,000 hours of flight experience. He was the third owner of the experimental plane. The previous two owners never finished assembling the aircraft. The pilot was described as meticulous. He had purchased the airplane six years before the crash.

Plane accidents in Florida and throughout the nation are often devastating, leaving no survivors. If a person makes it through an aviation crash, injuries sustained are often catastrophic and present life-altering consequences for an injury victim and his or her family to cope with.

When professional wrestler, Hulk Hogan’s son got into an auto accident that left a young man seriously and permanently injured, Hogan’s insurance company paid $250,000 to the man. That was not enough. According to a digitalspy.com article, Hogan, whose real name is Terry Bollea, was worth about $30 million at the time of the crash. His son was on his insurance policy. Hogan had to reach into his own pocket to pay an undisclosed monetary settlement that will help the young man with care for the rest of his life. He was underinsured.

Now Hogan is suing Wells Fargo Southeast, his insurance broker, claiming the company failed to inform him of what would be appropriate coverage. Wells Fargo Southeast “knew or should have known” of Hogan’s liability exposure and should have encouraged him to purchase an excess/umbrella policy to cover his assets, says the lawsuit. Wells Fargo Insurance Services is also named in the lawsuit. The lawsuit was filed April 22 in Pinellas County, Florida. Hogan and his family live in Clearwater.

Hogan has spent tens of thousands of dollars with the same insurance broker for about a decade. He has purchased watercraft, flood, comprehensive liability, business insurance from him. When Hogan added two teenage children to his policies and Hogan signed for his son’s driver’s license, it exposed him to more direct liability, yet his insurance remained the same.

Continue reading " Hulk Hogan Was Underinsured - Files Lawsuit " »

This hit-and-run crash is still a mystery and is being investigated by the Florida Highway Patrol. According to a www.tallahassee.com article, a 43-year-old woman from Quincy was driving with a passenger in her car at I-10 mile marker 230 in Jefferson County. That’s when another vehicle came up and struck the back of her Chevrolet Geo which threw the Geo into a tree on the north shoulder. The hit-and-run driver then kept on going. EMS workers arrived on the scene to free the woman who was taken to Tallahassee Memorial Hospital, but there is no word on her passenger. The female motorist was wearing a seat belt. She is listed in serious condition.

We are so thankful that the driver was wearing her seat belt otherwise her injuries could be so much more severe. We are praying for her recovery and that of her passenger.

Florida Hit-and-Run Accident Stats
Although this accident did not happen in the Jacksonville area, it should be noted that Duval County, Jacksonville, follows only Miami-Dade and Broward Counties as having the third most hit-and-rum crashes in 2008, according to the Florida Department of Highway Safety and Motor Vehicles.

For some unknown reason the number of hit-and-run cases is increasing in the state. In Jacksonville there were more than 2,000 in 2007 and 2008. Compare that to 349 in 2006. Generally one can assume that the person who flees has something to hide. He or she might be intoxicated or under the influence of drugs. They might be driving with a suspended license or no license at all. They could be in this country illegally or have an outstanding warrant for their arrest. Or they could just panic and run.

Florida law states that “the driver of a vehicle involved in a crash [. . .] that results in the death of any person must immediately stop the vehicle [. . .] and remain at the scene…” If a driver does not do this, as the driver of the Cadillac did, can be charged with a first degree felony (Fl Statutes Title XXII 316.027). The maximum sentence for a first degree felony is a $10,000 fine and as much as 30 years in prison.

Liability Issues
In such cases, the families of victims would be well-advised to contact a reputable Jacksonville injury attorney who will keep in touch with the official investigation and make you’re your rights are preserved. A knowledgeable car accident lawyer will also be able to advise victims about how their car insurance policy applies to a hit-and-run crash or in a case where the at-fault driver is uninsured or underinsured.

It happened Friday morning. A school bus pulling onto Beach Boulevard at Desalvo Road was struck from behind by a Ford Explorer SUV. Two students received minor injuries and the driver of the SUV reported injuries, news4jax.com reports. According to the bus driver, the SUV ran a red light and hit the rear of the bus that was loaded with students from Windy Hill Elementary School about 8: 30 a.m. One child was taken to a nearby hospital by Jacksonville Fire-Rescue and another was taken by the child’s parents. The bus driver was reported to be calm at the scene and talking to all of the kids.

We wish a speedy recovery to all of the children onboard the bus and wishes that they never have to go through another accident on a bus again.

School Bus Accident Statistics
Between 1998 and 2002, a total of six children died in school bus related crashes in Florida. Two were killed while riding inside the school bus and four were killed while preparing to load or unload a school bus. A high percentage of the 4,830 school bus crashes were attributed to the fault of other drivers.

Liability Considerations
The Florida Highway Patrol will conduct an investigation of this bus crash and it is very likely that the SUV driver will be found to be the at-fault driver. For one thing, the school bus was hit from behind and it’s generally assumed the driver who hits a car in front of them is at-fault. The second problem for this SUV driver is that he or she hit a school bus. Motorists are supposed to be very mindful of a school bus and of the stop sign on the bus that alerts motorists that children are loading or unloading. You are supposed to leave adequate space between your vehicle and the bus. All motorists are supposed to remain stopped until the school bus withdraws its stop sign.

According to federal statistics, in 23 percent of all crashes involving school buses, the principal point of impact was the rear of the bus. If your child has been involved in a school bus accident and was injured, a Jacksonville accident attorney and investigators should be called in early to make sure that the at-fault party can be determined and to assure that your child is being adequately cared for while being transported by the school system.

This is one of these cases where you have to ask if the police chase justified the result. In Clearwater, Florida a man was trying to run from police. According to the Miami Herald, the 47-year-old man was wanted for failing to appear on a charge of driving without a license. He was at a Clearwater bar and left before he could be arrested. He drove away and may have run a red light when he slammed into a taxi, killing the driver, a 32-year old man. Officers say they initially chased the man and then called off the chase. That is often what they say when they want to distance themselves from a bad outcome, but there is no way of knowing without launching an investigation. The man was also injured in the crash, but has been charged with vehicular homicide among other charges. He is currently in jail.

Our sincere condolences go out to the family of the deceased man who appears to have been an innocent victim in the wrong place at the wrong time.

Accident Statistics
Federal agencies do not track the fatalities that result from police pursuits or first responder pursuits. But the closest numbers we get are voluntary reported numbers into the National Highway Traffic Safety Administration (NHTSA). The citizen group, Pursuit Safety, says that the NHTSA numbers are likely under-reported, since they are voluntary, but 4 to 5 people die every week in the U.S. as a result of a police or first responder pursuit.

Liability Issues
Pursuit Safety is made up of the relatives of loved ones who have been hit by police cars. Candy Priano lost her daughter who was on her way to a school event in the back seat of the car Candy was driving. She and others believe that there is no justification to drive extremely fast through residential areas unless a violent crime has been committed. The biggest hurdle they face is criticism from the public who believes law enforcement should be left alone to do their job.

With a half dozen people being killed every week, does pursuing someone to apprehend them for a failure to show up for a hearing on a suspended license really rise to the occasion of a police chase? The family of the deceased man in the aforementioned case would be well-advised to seek advice from an experienced Florida car accident attorney and investigator. Together they can put together the pieces of this auto accident and try to determine the circumstances. Pursing these cases is the only way they will stop, or at least encourage law enforcement to initiate some reasonable policy that allows them to apprehend a suspect without actually speeding and putting innocent lives at risk. It’s been done in other places with success. After all, the fleeing driver does not care about your family’s safety or your safety, so the burden to protect the innocent citizen falls on law enforcement. Law enforcement has to follow a pursuit policy that puts public safety first as its policy.

A Florida Today story reports that an Orlando woman is recovering from minor injuries from the crash that took place on Sunday evening, April 18, in the Orlando area on State Road 528. In all, five cars were involved in the chain reaction crash that began when traffic came to a slowdown in the eastbound lanes before the U.S. 1 exit, according to the Florida Highway Patrol. Apparently a 19-year-old motorist was following the car in front of him too closely, and when the traffic slowed - he didn’t. He apparently hit a car and started the chain reaction. The 31-year-old Orlando woman was taken to Wuesthoff Medical Center in Rockledge, and a 47-year-old was charged with leaving the scene of the accident after she contributed to injuries. The FHP has ruled out alcohol involvement and says everyone had on their seat belts.

Our prayers are with the injured woman for a swift recovery. Let’s hope they are not too serious. Fortunately, there were not more accidents resulting from this accident.

Accident Statistics
S.R. 528 stretches from Orange to Brevard Counties. In Brevard, there were 4,909 crashes in 2008, according to the Florida Highway Patrol. 625 were alcohol-related and there were 81 fatalities. 4,539 people were injured as the result of traffic accidents in 2008.

Accident Causes and Liability
Aggressive driving is responsible for about two-thirds of fatalities on the road, about four times the number of fatalities that result from DUI. We do not know if this caused the chain reaction, but the report indicates that it was, at least, a complicating factor.

The Florida Department of Highway Safety and Motor Vehicles defines “aggressive driving’ as an impaired emotion that can lead to high-risk decisions. Aggressive driving is not road rage, and it is not a charging statute, but it can lead to road rage. Aggressive driving is addressed in Florida Statute 316.1923. It is defined as:

1. Exceeding the posted speed limit by 15 mph or more


2. Unsafely or improperly changing lanes


3. Following another vehicle too closely


4. Failing to yield the right-of-way


5. Improperly passing


6. Violating traffic control and signal devices

An officer can mark the ticket that the driver was an aggressive driver. The Department of Highway Safety and Motor Vehicles in Tallahassee then takes this data to provide statistical information on aggressive driving in the state, which is used to make new laws. Road Rage is a felony and a criminal assault using an automobile on another driver/passenger of an automobile. There are at least 200 deaths a year in Florida attributable to road rage.

You would be well-advised to have a Jacksonville injury attorney by your side if you believe the accident you were involved in was the result of road rage.

A single-engine two-seat plane crashed Friday April 16 in Alachua County, Florida resulting in “massive injuries” to the pilot. The crash occurred between Archer and Newberry and the 73-year-old pilot was reported to be alone, according to The Gainesville Sun. The crashed happened around 5 p.m. near the Flying Ten Airstrip in a pasture, which is also known as “Kitty Hawk.” The pilot was airlifted to Shands Hospital in Gainesville, and at this time there are no additional details available. The Flying Ten is a grass airstrip between Archer and Jonesville, Florida.

Our prayers go out to the family of this pilot for his survival.

Aviation Accidents in Florida
The National Transportation Safety board is current investigating ten small plane accidents in Florida that involved 11 fatalities. The NTSB compiles statistics on airplane crashes in each of America's 50 states. Florida leads the southeast region with 35 percent of total accidents.

Plane Accident Investigation
Only the National Transportation Safety Board can say what caused this crash. An investigation is based on witness accounts, a review of the site and of the plane. An extensive investigation can include representatives from the aircraft manufacturer, engine manufacturer and sometimes even the parts manufacturers as standard procedure. An investigation would have to include determining the altitude that this pilot was flying, and whether or not he was in a turn? Did the engine appear to stall? A Florida accident attorney and investigator need to be on the scene immediately to make sure that evidence is preserved, that the proper procedures are followed and the manufacturer input does not unduly influence the outcome of the investigation.

Springtime seems to be a popular time for all-terrain vehicles. Unfortunately another death has been reported of a young ATV rider. A seven-year-old from Interlachen, Florida, was riding on an ATV Sunday, April 11, in the evening when the ATV overturned and landed on her. A 31-year-old male was riding on a Polaris ATV with his daughter when they braked suddenly to avoid hitting two dogs. The vehicle overturned on the left side. According to News4Jax, the little girl was airlifted the Shands Gainesville but died from internal bleeding, despite the fact that she was wearing a helmet. Her father received minor injuries. One of the dogs was also killed.

Our condolences go out to the family of this little first-grader. She spoke to her father before she was airlifted and told him she loved him. He said he had no idea her injuries were that serious. May the family find the strength to cope. She is in our prayers.

ATV Accidents in Florida
Many people commenting to the newspaper article say that accidents happen. And they do. But manufacturers also make defective products that represent a danger to small riders. For example, the Polaris, made by Polaris Industries Inc. recalled about 11,300 Outlaw IRS ATVs for the model year 2006 to 2008. The problem - a retention bolt can loosen causing the wheel in the rear to lock up. There have been at least 11 reports of loss of control. Then in August, 2009, the Consumer Product Safety Commission recalled 3,800 Polaris Ranger Crew and side-by-side recreational vehicles. An electrical short posed a fire hazard. In July, 2009, Polaris recalled 4,700 of the Sportsman ESP XP model. That was the second Polaris recall of the month and this time again for the potential fire hazard. Auto accidents in Florida happen, but manufacturers also sell products with known defects in order to make a profit.

Continue reading " 7-Year-Old Dies in ATV Accident " »

A 62-year-old woman was just trying to help. She was hit by a car as she was coming to the aid of someone involved in a hit-and-run accident that she had just witnessed. It happened in Naples near the intersection of San Marcos Boulevard and Radio Road, according to a Naples News article. A hit-and-run crash occurred around 7:45 a.m. and the woman was working at the Circle K store and secured a cell phone while running toward the crash and calling for help. That is when she was hit by a 2007 Honda Civil driven by a 74-year-old woman. She later died at Lee Memorial Hospital. The driver who hit the 62-year-old woman is not being charged. Meanwhile the driver of the initial hit-and-run is being sought by the Collier County Sheriff’s Office. They believe that a Ford white truck, maybe an F-250, was involved and left the scene.

Our hearts go out to the family of this woman for the tragic accident that occurred just because she was trying to be a Good Samaritan.

Accident Statistics
Collier County had 2,222 auto accidents in 2008, according to the Florida Highway Patrol. Among those, 308 were alcohol-related and there were 34 fatalities. Florida Statute 316.062 requires someone involved in an accident to render aid. In this case, the woman was not directly involved but was acting as a Good Samaritan.

Pedestrian Accidents in Florida
Florida has nine of the 10 most dangerous metro areas for pedestrian accidents, according to the group, Transportation for America. More than 9,000 pedestrians were killed in 2007 and 2008 and the group says that over the last 15 years, more than 76,000 Americans have been killed while crossing or walking along a street in their community with more than 43,000 killed in this decade alone. That number includes 3,906 children under the age of 16. That is the equivalent of a jumbo jet crashing every month, yet it does not get the sort of attention it deserves.

Continue reading " Pedestrian Dies in East Naples Just Trying to Help Accident Victim " »

With a population of more than 68,000 residents, Amelia Island measures 18.2 square miles in size, and is home to both Amelia City and Fernandina Beach. The Nassau County Island is known as the Isle of Eight Flags, and relies on tourism as its primary economic stimulus. Sailing, camping, and beach-related activities are some of the more popular activities on the island, and go along perfectly with its vacation-friendly setting.

Bike riding is especially popular in any coastal setting. However, in being a popular tourist destination, a beach community such as Amelia Island also welcomes a considerable number of motorists each year. Consequently, bicyclists may find themselves at risk of becoming involved in an Amelia Island bike accident, and sustaining significant personal injury as a result.

Accidents that result in personal injury can be major or minor, as can injuries sustained during those accidents. In several injury accidents that are caused by another person’s negligence, an injury victim is often left with physical and financial challenges as well as emotional trauma. Individuals who find themselves in these types of situations may be able to seek compensation for pain and suffering, loss of past and future earnings, hospital bills, and much more. An Amelia Island personal injury attorney will work to hold negligent parties responsible for causing an accident, and will seek compensatory damages on behalf of the injured party.

The skilled Amelia Island bike accident attorneys at Farah and Farah fight to ensure that the rights of the injured are not infringed upon in a court of law. Our Amelia Island personal injury attorneys will examine the details surrounding your accident to determine whether or not negligence played a determining factor in sustaining your injury. For more information about your rights as an accident victim, please don't hesitate to contact Farah and Farah at our Amelia Island office today for a free consultation:

(904) 261-4440
501 Centre St.
Fernandina Beach, Florida 32034


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A cruise passenger’s experience should be relaxing, not as if they are surviving a nightmare. The Holland America’s Maasdam disembarked in Fort Lauderdale in March after at least 14 percent of its passengers were hit with unpleasant flu symptoms, according to a Sun Sentinel article. 168 of the 1,211 passengers and 19 crew members reported vomiting and diarrhea, according to the Centers for Disease Control and Prevention (CDC).

Cruise lines must report illness when more than one percent of passengers are ill. Holland America says it has cleaned the ship and when it returned to dock, two officials from the CDC were there to greet the ship.

Liability Issues
Apparently it all started with one ill passenger who boarded without reporting their illness. During the two-week trip the majority of illnesses began early in the two-week voyage. If someone is in poor health it is recommended they not board a cruise ship, but if their condition is chronic, they are supposed to tell medical personnel onboard in advance and forward their medical records to the cruise line.

So far this year there have been seven illness outbreaks on cruise ships investigated by the CDC. Three of the illnesses were identified as Norovirus, which is a commonly spread virus that causes two to three days of flu-like illness. Several other cruise ships also had reports of gastrointestinal illness over the past month. How the cruise line handles the outbreak is very important to how passengers eventually react.

Continue reading " Florida Cruise Ship Passenger Safety " »

Popularly referred to as Jax Beach, Jacksonville Beach, Florida is a popular tourist destination. As of July 2007, the Duval County city housed a population just shy of 22,000 residents. The largest town in the Jacksonville Beaches Community, Jax Beach measures just about 7.7 square miles in size, yet plays host to numerous residents and tourists alike each year.

With its favorable climate and scenic view of the Atlantic Ocean, Jax Beach is a prime spot for both residents and tourists to take in the sights and sounds of the city via bicycle. However, with numerous travelers entering and exiting Jacksonville Beach's city limits each day by using motorized vehicles, bicyclists may find themselves at significant risk of sustaining serious injury in a Jacksonville Beach bike accident. Bike accidents can cause a bicyclist to endure broken bones, torn ligaments, head injury, lacerations, and even death in the most serious of incidents. Although these injuries vary, they may bring about significant financial, emotional, and physical challenges for a bike accident injury victim and his or her family to overcome.

Regardless of the type of personal injury accident, residents and visitors injured in Jax Beach should know that they can rely on Jacksonville Beach personal injury attorneys to protect their rights as accident victims in a court of law. Often times, the negligent action of another party contributes to a personal injury accident such as a bike collision. Those responsible for such negligence can be held liable for their actions, and may be forced to pay compensatory damages to injured individuals.

Personal injury can strike at any time, particularly in an area such as Jacksonville Beach where the number of individuals out and about is particularly high. The experienced Jacksonville Beach bike accident lawyers at Farah and Farah will examine the circumstances your case and protect your rights. Get in touch with Farah and Farah at our Jacksonville Beach office to schedule a free case consultation:

(904) 249 2585
472 Osceola Avenue
Jacksonville Beach, Florida 32250

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A lawsuit filed against a Lake Worth nursing home accuses it of defrauding Medicare and Medicaid while it provided inadequate treatment to residents. The suit is filed on behalf of a former 83-year-old patient by her son and attorney. They hope to gain class action status and have included the names of more than two dozen other patients.

The lawsuit claims that patients were kept until they developed other diseases and then the nursing home, Lake Worth Manor, would use those ailments to restart government payments. Millennium Management LLC and Horizon Staffing are also named as defendants in the action which was filed in U.S. District Court in Miami. Also named was the head nurse, who was arrested last October for operating an unlicensed assisted living facility elsewhere in Florida. The 83-year-old woman allegedly developed disfiguring ulcers on her heels before she was taken out of the facility.

Nursing Homes
Lake Worth Manor is a for-profit nursing home with a one-star rating. That ranking is given by the Florida Agency for Health Care Administration and puts it at the bottom 20 percent of all nursing home in the state for safety and health compliance with regulations. Lake Worth Manor has also reportedly spent 31 days on a Florida watch list. Medicare ranks the home with two out of five stars.

The best star ranking in the state is five, which means the facility is ranked 81 percent to 100 percent of all the facilities in the region. When considering a nursing home for your loved one, look at whether it is for profit or not-for profit. The latter category tends to have a higher level of care.

Continue reading " Lake Worth Nursing Home Accused of Racketeering, Inadequate Resident Care " »

Tasers have been used by law enforcement across the country but they are controversial. They can result in a bad outcome for the people who are zapped, usually to keep them under control. That is what happened to one man. He has lapses in his conversation and in his memory. Four years ago, the man was hit with a Taser Electronic Control Device or ECD when he refused an order to get off a Watsonville, California city bus. He suffered immediate cardiac arrest and his attorney says he suffered oxygen deprivation. Today he is permanently disabled.

Our hearts go out to the family of this man who must take care of him the rest of his life.

Taser Facts
4,000 law enforcement agencies use Tasers and have delivered more than 1.8 million zaps. Amnesty International, the human rights organization, says that 400 people have died as a result of the strikes.

Medical experts believe that 660-volt is average but the peak voltage can rise to up to 40,000 volts. The man’s family lawyer says he knows because Taser International was funding a study by the American College of Cardiology Foundation, which concluded that Tasers should not be fired near the heart to reduce the chance of inducing ventrical arrhythmias. The researchers also concluded that a Taser is not likely to cause cardiac arrest.

Liability Concerns
The family of this man has filed a lawsuit against the maker of the Taser, Taser International. They say that the weapon is dangerous because when fired at the chest it can cause cardiac arrest and that Taser knew about the danger. Many law enforcement agencies have decided to follow the advice and no longer use a Taser near the chest, but instead aim for the arms, legs or buttocks. Police understand they are less likely to be sued if they follow that advice. Other police departments in San Francisco, Detroit, and Memphis have all decided not to use Tasers. If you or a loved one has been injured by a Taser, you may have rights that need to be preserved and investigated. Call on the help of a Florida personal injury attorney and an investigator to make sure that the at-fault party is held responsible for your injuries.

Source report: http://edition.cnn.com/2010/CRIME/03/03/taser.cardiac.arrest/?hpt=C2

The Orange County Sheriff’s office reports that officers shot and killed a pit bull after it attacked a 3-year-old boy and his father. It happened in the father’s back yard near Orlando. Deputies report that they tried to corner the dog but it tried to attack the deputies, so they shot the dog. The child’s father says the dog was a stray. But News4Jax reports that the father and grandfather were caring for the dog.

It turns out the dog belonged to a friend of the father. The boy was taken to the hospital with bite wounds on his face and the father was injured. The dog will be tested for rabies. Hopefully it does not have the disease or the boy and father will have to undergo a painful series of shots. The dog did not have tags making it difficult to track down the owner.

Dog Bites in Florida
The Centers for Disease Control and Prevention reports more than four million Americans are bitten by dogs every year. Often the dog is acting out for the first time and often the breeds are those that have been trained to be dangerous. But whether the pit bull, the Chow, Akita, Rottweilers, and Doberman Pinchers are actually vicious, or bred and encouraged to be vicious, is up for debate. You would be well advised to contact a Jacksonville dog bite injury attorney if you have been bitten by any type of dog. You may find that the home owner’s insurance policy of the dog’s owner will cover your medical treatment.

Source: http://www.news4jax.com/news/22507515/detail.html

Victims of medical malpractice are making their voices heard to President Obama. In a letter to the president, as well as leaders in Congress, those who have had their lives altered forever write about their concerns over the rallying cry supporting tort reform. Tort reform means that people who are injured have fewer opportunities to bring their grievance to court. People like these.

In the letter, they urge the president to keep the tort reform debate out of the upcoming health care summit. When caps are imposed by states, limiting what someone who is injured can ever hope to collect to cover their lifetime of costs, a family is put into jeopardy. Many need some reimbursement just to survive. And a cap lessens the impact on the wrong-doer, allowing him or her to injure again. Public Citizen found that about five percent of doctors are responsible for the bulk of medical malpractice. Discipline of doctors is a disgrace.

For those who say there is no downside to tort reform, that is just nonsense. The authors of the letter say that being shut out of courts puts a burden on taxpayers since many have to turn to taxpayer-funded health and disability programs and Medicaid. And morally, it is kicking people when they are already down.

And it is estimated that even with tort reform, the savings are limited to about one-half of one percent of the total health care costs. With estimates of 100,000 to 200,000 Americans killed every year by medication errors, hospital infections, a failure to diagnose, wrong-site surgeries, among other things, medical malpractice takes a huge toll on all of our lives. Reducing accountability is a backward way to address the problem. Curtailing our way to the courtroom door is positively un-Americans as guaranteed by the Seventh Amendment to our U.S. Constitution.

Source: http://www.huffingtonpost.com/joanne-doroshow/medical-malpractice-survi_b_458722.html

As the twelfth largest city in the nation of any U.S. city with a population of at least 100,000, Jacksonville is also the largest city in the state of Florida. With an approximate population of 805,605 within its stretch of 874.3 square miles, Jacksonville is the biggest land area of any city in the United States. Jacksonville is one of Florida’s most sought after spots for tourists seeking beautiful beaches and sunny weather. With its large amount of residents and visitors, Jacksonville encounters its share of bike accidents caused by negligent motorists.

According to 2008 Florida Highway Patrol accident statistics, 118 bike riders suffered wrongful death in crashes and 4,775 collisions involving bicycles occurred. When a bicyclist suffers injury due to a driver that is distracted, negligent, or under the influence of alcohol, and injured rider may seek legal assistance from a skilled Jacksonville bike accident attorney. Drivers are responsible for checking blind spots for bicyclists before making a lane change and should always follow the rules of the road.

Bike crashes may impose significant physical, emotional and financial challenges for an injured bicyclist and their family to cope with. Common bike crash injuries include fractures, bruising, broken bones, lacerations, disfigurement, permanent scaring, paralysis, brain injury, and even wrongful death. Even though these bike accident injuries differ to a great degree, these injuries can contribute to steep hospital bills, loss of earnings or livelihood, emotional trauma, and other damages.

The Jacksonville personal injury lawyers at Farah and Farah help those injured by another person’s negligence receive the compensation that they deserve. We know what it takes to obtain a successful outcome in any bike accident or personal injury accident case. Contact Farah and Farah today to find out more about your legal rights and to schedule a free consultation by calling us at our Jacksonville office:

(904) 396-5555
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Jacksonville, Florida 32202


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Homeowners in the rural Palm Beach County community known as The Acreage have filed a federal lawsuit charging that defense contractor, Pratt & Whitney, is responsible for the pollution that has caused a cancer cluster in the neighborhood. This is a class-action lawsuit on behalf of about 10,000 homeowners and is the first filed to try and get to the bottom of the issue since the Department of Health has been slow to recognize and identify the problem.

Finally, health officials in Florida finally admitted that The Acreage has an elevated number of brain cancers among children and teens living in The Acreage. The state still doesn’t have a cause, though it says it’s been investigating since last summer. This has also done nothing for property value.

Beginning in the 1950s, Pratt & Whitney handled and stored chemicals including PCBs, which cause cancer, and there was leakage from the site along Beeline Highway. The company says it has not harmed the public health and that there has been “little to no migration of groundwater impact off our site.”

13 families have had children or teens with brain cancers of cancer of the central nervous system over the 1994 to 2008 time period. While the state has tested well water and found it “generally good,” Pratt & Whitney is just too close for comfort and has been the subject of a state monitored cleanup for nearly 20 years. There are at least 24 contaminants still allegedly on the property.

Source article: http://www.palmbeachpost.com/news/homeowners-suit-blames-pratt-whitney-for-acreage-cancer-227266.html

A new study shows that hospital infections kill about 48,000 Americans every year, and that is a conservative estimate, according to the study. The research, out of the Washington D.C. think tank, Resources for the Future, finds that these are not infections that the patients would have caught anyway. Often the family of the deceased doesn’t realize that it was the hospital-acquired infection that took their loved one, such as pneumonia, not the initial illness that brought them to the hospital in the first place. “It is a staggering number and one that does not have to be,” said lead researcher, Ramanan Laxminarayan PhD, and MPH.

Most of the infections enter the body through catheters and ventilators. Some of the infections come from a bacterium that has been around for a long time, but there are an increasing number of infections that are resistant to antibiotics and are known as “superbugs.” The researchers drew their data from 69 million patients in 40 states between 1998 and 2006.

The solution appears to be for hospitals to institute a team approach to fight infections as they enter the hospital and to prevent them from spreading. It is also up to the family of the patient to be aware of potential signs of hospital malpractice in Jacksonville and throughout Florida. Be sure to ask the hospital about its rate of bloodstream infections and what efforts the hospital is making to reduce infections.

You should look to at or below one infection per 1,000 catheter days. A safety checklist devised by Dr. Peter Pronovost is a good guide for health care workers to follow when inserting a central line catheter. Request clinicians wash their hands every time they enter your room. And be vigilant about the soonest time a catheter can be removed from your body since it presents a risk for infection.

Source article: http://www.webmd.com/healthy-aging/news/20100222/hospital-infections-kill-48000-each-year

Often called “The Nation’s Oldest City,” St. Augustine, Florida is where the oldest port in the continental United States is located. With an estimated population of 12,157, St. Augustine continues to draw more residents and visitors every year with its gorgeous coast, classic architecture and historical museums. Situated in Northern Florida about 40 miles south of Jacksonville, 60 miles north of Daytona Beach, and 5 miles east of Interstate 95, there is no doubt that St. Augustine is a very busy area. As a consequence of being such a well-traveled and densely populated region, bike accidents that result in bicyclist injury or even death take place in St. Augustine from time to time. When such incidents are caused by a driver that is under the influence of alcohol or drugs, or is otherwise distracted, an injured rider or the family of a wrongful death victim may seek legal advice from a skilled St. Augustine bike accident attorney.

According to accident statistics from 2008 Florida Highway Patrol data, 118 bicyclists died in crashes and 4,775 collisions involving bicycles occurred. Although the use of a helmet increases a bicyclist’s protection from injury and fatality, drivers still must maintain the responsibility of following the speed limit and other traffic laws as well as check and double-check blind spots for bicycles before changing lanes.

Bike accidents in St. Augustine and throughout Florida are capable of imposing multiple physical, financial and emotional challenges upon an injured person and their family. An injured bicyclist may suffer bruising, fractures, broken bones, lacerations, permanent scars, disfigurement, paralysis, brain injury, and even wrongful death. Even though these injuries are diverse, several of them may contribute to steep medical bills, emotional trauma, loss of earnings, and other damages.

The St. Augustine personal injury lawyers at Farah and Farah have many years of experience assisting bike accident injury victims as they cope with the new circumstances that another person’s negligence has created. We have the legal resources and knowledge that you need to obtain the compensation that you deserve if you have been injured in a bike accident or any other kind of personal injury incident. Get in touch with Farah and Farah today to find out more about how we may be able to help you. Contact us at our St. Augustine office for a free consultation today:

(904) 797-7977
1301 Plantation Island Drive
Suite 206A
St. Augustine, Florida 32080


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A major analysis by the consumer coalition, Americans for Insurance Reform (AIR), finds that a recent claim about the cost of litigation in this country is highly exaggerated and misleading. The estimate, $254.7 billion, was determined by the insurance consulting firm, Towers Perrin, now called Towers Watson.

AIR says the estimate is based on unverifiable and flawed work and is completely inappropriate in evaluating the U.S. tort system. Those who would like to limit the rights of consumers and their access to the civil justice system, frequently exaggerate the cost of the tort system to mislead taxpayers to believe they are paying the inflated cost of litigation in the form of a tort tax or litigation tax. The Towers Perrin report does not provide support for such a contention or for the tort reform agenda pursued by corporations to keep Americans from cutting into their profits in the courtroom.

The criticism of the Towers Perrin report is called “Grade F” For Fantastically Inflated “Tort Cost” Report, and is co-written by actuary J. Robert Hunter, Director of the Insurance for the Consumer Federation of America and Joanne Doroshow, with the Center for Justice & Democracy. She believes that the Towers Perrin report gives no credence to any belief that the tort costs are out of line, in particular, medical malpractice costs. Doroshow points to the fact that Towers Perrin only examined insurance losses, whether or not a lawsuit was filed, plus insurers’ guesses about what future losses could be, plus the bloated overhead of salaries, bonuses, lobbying costs and jet planes. And the actuary does not examine jury verdicts, settlements, court costs or lawyers’ fees. And it tends to exaggerate- for example, it counts as “tort” cost the transfer of money from a wrongdoer to a victim, such as $500 to fix a car door dent.

Even with all of the misreporting, the Towers Perrin report still shows that tort system costs are growing slower than medical inflation and that medical malpractice trends are completely stable. The bottom line is that U.S. tort costs are less today when compared to GDP, than they were in 1983. And without litigation we would not have safer products and saved lives that result when the civil justice system is allowed to work in the way it was intended.

Source reports: http://www.prnewswire.com/news-releases/national-consumer-group-slams-insurer-tort-cost-report-82970327.html; http://www.insurance-reform.org/pr/100128.html

Pilot error is blamed for last year’s deadly crash near Buffalo, New York, that killed 50 people onboard and one person on the ground. The head of the National Transportation Safety Board says the pilots’ errors show “complacency and confusion that resulted in catastrophe.”

The Continental Connection Flight 3407 was the subject of a NTSB report issued Tuesday, February 2. Unfortunately the events are something we have seen before.

Safety Issues Raised
The safety issues raised by the Buffalo accident are reported industry-wide and point out the gap between the safety of major carriers and regional ones.

Five of the six major crashes involving air travel have occurred among regional airlines since January 2001, reports the NTSB.

At the regional airports, increasingly used to fill the gaps, lower-paid pilots who must commute long distances to work often fly tired as was the case here. Capt. Martin Renfro was coming in from Florida to Newark and his co-pilot flew in the night before from Seattle, where she lived with her parents. She made less than $20,000 a year and was flying fatigued and sick.

Flight 3407 stalled on approach to the Buffalo airport, and in response to the automatic stall warning, the pilot pulled back on the controls instead of pushing them forward to gain speed. Then he pulled back three more times. The NTSB said it was at a loss to explain that action.
Safety Recommendations

In its report the NTSB Office of Aviation Safety issued 25 recommendations.

Continue reading " Pilot Error Blamed For Buffalo Crash That Killed 51 " »

Believe it or not, six people a day die from prescription drug overdoses in Florida. That is three times the numbers who die from illegal drugs. The problem is centered in South Florida.
Pain management clinics have sprung up and are largely an unregulated cash-only operation that is very lucrative for the fly-by-night operators and very dangerous from the addicts who buy, not just for themselves, but for the users they supply in the south, specifically Kentucky.

Popular medications include OxyContin, a pain medicine, and RoxyContin, similar to morphine and can be injected like heroin. Many pain management clinics are run by convicted felons or those with a history of drug-related crimes. Estimates reflect that there are about 900 pain clinics throughout Florida.

The legislature is trying to tackle pain clinics this session. Proposed bills will toughen pain clinic laws requiring clinics to register with the Department of Health and to participate in a state database of prescription and addictive drugs to track prescriptions. As it stands now, there is no registry. Another proposal would restrict just who can operate a clinic to a doctor in good standing, not a convicted felon. That may be a proposal with little practical meaning. Many of the clinics have a doctor associated who can reap huge profits of about $100,000 a month by lending their name to a clinic. Another proposal would limit the number of drugs a clinic could dispense to 72-hours worth.

But the Florida Association of Pain Management Providers believes that would cripple businesses who are legitimately providing pain medication for those in need. That group suggests that clinics not covered by insurance, also report to the health care agency the amount of medications they are dispensing and to require intensive background checks on owners. Expect much discussion about this outstanding problem in Florida in March.

Source article: http://www.palmbeachpost.com/news/state/lawmakers-seek-tighter-control-of-pain-clinics-236489.html

They owned a Florida home free and clear. Two Bedford, Massachusetts residents bought their second home in Spring Hill, Florida with cash. But now they are bringing a lawsuit against Bank of America accusing the bank of trying to foreclose on their home. The legal claims include trespass, negligence, and interference with contractual relations, defamation and libel, intentional infliction of emotional distress, conversion, among others.

False Foreclosure Claim
In July, the residents’ home was visited by representatives from Bank of America. There were there to foreclose on the home. Only a renter was home at the time. When he moved out in December, only to return in January to pick up his things, the renter and the family found that Bank of America workers were putting locks on the doors. The complaint says that the homeowner told Bank of America, BOA, that he owned the home without a mortgage. The homeowner then called the tax assessor who told him that Countrywide Home Loans Inc. had paid the taxes and gave him a number to call. BOA owns Countrywide Home Loans. When he called the number the company admitted it had made a mistake. But when the homeowner and his son drove to Florida, they found BOA had removed the family’s possessions and shut off the electricity which caused the water pipes to burst and damage the home.

This family has now amended their complaint to include everyone who participated in the fraudulent foreclosure, including employees, agents, contractors, or anyone hired by BOA to proceed with the foreclosure and get rid of their possessions. They claim BOA intimidated the renter to leave and then caused emotional distress additionally by harming the couple’s reputation.

Continue reading " Couple Sues B of A over Erroneous Foreclosure of Florida Home " »