Posts tagged liability

• What Inflation Has Done To Damage Caps Over The Years

  Bob Carroll | September 29, 2006 5:15 AM | 0 CommentsPinellas, FL Category: Medical Malpractice
  

  The Associated Press reports that a Louisiana Appeals Court has observed the obvious - a $500,000 cap on medical malpractice damages established in 1975 has been impacted by inflation in the intervening years. In 2006, the cap is actually worth only $160,000 which, by the way, the Court feels no longer is fair.Maybe we should ask the Louisiana Court to do some calculating on the Florida cap on...

• Chlorine Leak At Hotel Underscores Duty Of Management To Guests

  Bob Carroll | September 16, 2006 4:24 AM | 1 CommentPinellas, FL Category: Property Owner's Liability (Slip & Fall)
  

  "I'm not a chemical engineer, but I did sleep at a Holiday Inn Express last night."One Holiday Inn Express wishes it had hosted a chemical engineer on April 9,2004.Jury awards $650,000 in chlorine leak case A Mason County jury, in a 21-page verdict, on Thursday awarded nearly $650,000 total to five plaintiffs who said they suffered physical and mental damages after a chlorine leak at the...

• Backyard Pools Are Not For Unsupervised Children

  Bob Carroll | September 06, 2006 1:36 AM | 0 CommentsPinellas, FL Category: Wrongful Death
  

  Fellow InjuryBoard blogger, Paul Kiesel from Los Angeles, posts a timely reminder about the dangers of backyard pools.Child Drowns in Swimming PoolAs summer winds down, many people are having those last backyard picnics and pool parties. Tragedy struck in Orange County this weekend when a five year old drowned in a backyard pool. Children can drown within a few minutes, so it's always important...

• A Safety Net Of Certified Athletic Trainers

  Bob Carroll | August 31, 2006 2:00 PM | 0 CommentsPinellas, FL Category: Miscellaneous
  

  According to a report in the St. Petersburg Times Certified Athletic Trainers are set to become the latest safety improvement in athletic events and practices at Tampa Bay area high schools. Over the years I have investigated numerous injuries and some deaths occurring during physical education classes, team practices and events. In some instances it was obvious that delay in obtaining...

• Department Store Dummies On A Rampage

  Bob Carroll | August 19, 2006 6:25 AM | 0 CommentsPinellas, FL Category: Property Owner's Liability (Slip & Fall)
  

  Department store dummies have caused their share of injuries, believe it or not. After reading this compilation of dummy lawsuits you may be more wary of these supposedly inanimate objects as you walk the aisles of your favorite store. "Attack of the Mannequins" might sound like a horror film title, but a Southern California woman insists it could be a documentary.Diana Newton sued J.C. Penney...

• County Jail Ignores Inmate Seizures

  Bob Carroll | August 03, 2006 6:06 AM | 0 CommentsPinellas, FL Category: Medical Malpractice
  

  In Florida and throughout the U.S., jails have a legal obligation to provide reasonable and necessary medical care to inmates. Having someone in custody means the jail is in charge of that person and responsible for his wellbeing during the period of confinement. Sometimes jailers forget about this or ignore physical complaints. Sometimes there are horrible consequences.Family of inmate in...

• The Big Dig Defect Was No Secret

  Bob Carroll | July 13, 2006 7:03 AM | 0 CommentsPinellas, FL Category: Property Owner's Liability (Slip & Fall)
  

  Structural building defects that suddenly take a live or lives have many fathers.My experience in cases where a death or serious injury occurs because of a structural defect parallels what is being reported in the New York Times about the Big Dig tragedy in Boston. Investigation almost always reveals advance warning and multiple responsible parties who each failed to do what was required.Wide...

• The Florida Body Of Water Rule

  Bob Carroll | June 30, 2006 10:15 AM | 0 CommentsPinellas, FL Category: Property Owner's Liability (Slip & Fall)
  

  If a young child drowns in a lake, is the owner of the body of water liable? The owner of a body of water is not liable merely because a child may be too young or of insufficient intelligence to understand the open and obvious danger of the water; the responsibility for the care of such children remains with their parents and caretakers. The body of water cases in the State of Florida are...

• Poor Care Given To Beating Victim Assumed To Be Drunk

  Bob Carroll | June 16, 2006 10:10 PM | 0 CommentsPinellas, FL Category: Head & Brain Injuries
  

  The New York Times reports on the terribly deficient emergency services and medical care received by a retired journalist who, after a severe beating, was assumed to be just a drunk lying on a sidewalk. I am not surprised that the assumption of drunkenness impacted the attention given to the victim. Over my years of practice I have noted the same attitude toward other unconscious or...

• Handicapped Ramps Can Be Dangerous

  Bob Carroll | June 11, 2006 5:58 AM | 0 CommentsPinellas, FL Category: Property Owner's Liability (Slip & Fall)
  

  Lately, I have noticed more frequent injuries occurring when handicapped access features of buildings and parking areas are improperly constructed. One example, is the ramp that far exceeds the maximum slope specified in building codes. Another is the lack of safety barriers which is the situation in this report from the Columbia Daily Tribune. Lawsuit filed after injury at downtown Walgreens...