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Wrongful Death Archives

Preeminent South Florida Personal Injury Attorneys Discuss Liability For Police Action As Explained In Wallace v. Dean

In Florida, our personal injury lawyers have surprised people when we explain that law enforcement agencies could be liable for personal injuries and law enforcement agencies are not completely immune from liability. Law enforcement officers have a duty to the public generally. The duty owed to the public, however, is not actionable under Florida tort law unless the police take additional steps to place someone in harm's way and create a special duty of care. Law enforcement officers are liable for damages when they are obligated to care for another person and fail to do so properly. Florida courts call this the "undertaker doctrine." In short, the undertaker doctrine compels the police to perform reasonably after the begin to care for another person. The undertaker theory of negligence avoids the sometimes harsh consequences of sovereign immunity.

Five Crew Members Are Missing After Amazon River Cruise Ship Accident

The Amazon River has already encountered cruise ship accidents this year, but a recent accident onboard the Aqua Amazon cruise ship is proving to be more tragic. For reasons unknown at this time, an explosion occurred on the cruise ship, and a fire broke out. The fire caused the boat to sink and left many crew members injured, and a few of these crew members have lost their lives. 

Young Boy Dies Two Days After Royal Caribbean Cruise Ship Pool Accident

Young children continue to fall victim to swimming pool accidents on cruise ships, and a recent accident only confirms that a problem truly exists on board many cruise ships. Just last month, an 8-year-old boy lost his life two days after being found lying in a pool on board the Anthem of the Seas cruise ship. Coast Guard officials believe the boy was in one of the cruise ship's swimming pools for approximately 8-10 minutes before being found. While the boy did survive for two days following the swimming pool accident, the cause of his death was ruled a drowning. 

Florida Personal Injury Lawyers Comment on Court Affirmation of Summary Judgment Against Teen Killed in Fatal Skateboarding Accident

Our Miami personal injury lawyers express our condolences to the family of a teen who died in a fatal skateboarding accident. The family members were denied compensation for the death of their son when the Supreme Court of California upheld summary judgment in favor of a public entity. The boy was riding a skateboard up and down a hilly street while his parents visited a family living in a nearby condominium. The fatality victim and his brother admitted they were skateboarding for fun to pass the time. During one of the trips down the hill, one of the boy's skateboard wheels got caught in a gap between the pavement and the edge of a manhole cover. When the skateboard got caught, the boy was propelled from the skateboard and struck his head on the concrete. He was hospitalized for several months with a severe traumatic brain injury before passing away from his injuries.

Skateboards in the Hands of Young Children Can Result in Serious Head Injuries

Skateboards are often considered toys, but a fair amount of skill and athleticism is needed to ride them safely. This form of recreation can serve as a great source of enjoyment and help children increase their agility, balance, coordination, and sense of self-esteem. However, when children ride skateboards without a focus on safety, riders can suffer serious injuries, such as a traumatic head injury or even death

Trucking Company Agrees to $14 Million Settlement for the Wrongful Deaths of Five Nursing Students

Just last year, five innocent nursing students were killed in a horrific Georgia trucking accident. The five women were at a standstill when a tractor-trailer slammed into the back of the young women's vehicles. The tractor trailer was traveling at 68 miles per hour. The young women did not have a chance. After one year of pain and suffering, the families of these victims have reached a settlement agreement with the trucking company that employed the truck driver.

Trucking Company and Truck Driver Face Wrongful Death Lawsuit after Fatal Accident in Illinois

The worst case scenario for any accident is that a person may lose his or her life. This heart-wrenching consequence is one that occurs all too often, leaving loved ones with questions that may not have good answers. Loved ones of a lost family member are still mourning after an October 2015 accident that involved a collision between a passenger vehicle and a tractor-trailer. The details of the accident are not entirely clear, but the estate of a deceased man has filed a lawsuit alleging negligence and wrongful death, seeking to hold both the trucking company and the truck driver responsible for the untimely death.

Florida Appellate Court Finds Man Run Down by Tractor-Trailer Responsible for Pedestrian Accident- Panzera v. O'Neal, 2015 WL 7749965 (Fla. 2nd DCA 2015)

While pedestrians generally have the right of way when crossing the street, this generalization occasionally is interpreted to mean that motorists are always at-fault in a pedestrian accident. Many pedestrian accidents are caused by driver negligence, but the liability of a motorist is not guaranteed. The injured pedestrian, or the estate in the case of a fatality, must establish that the driver failed to exercise reasonable care to avoid hitting the pedestrian. One of the most common strategies employed by insurance carriers in pedestrian accidents is to shift blame for the collision to the injury victim. The recent case, from the 2nd District Court of Appeals for Florida, Panzera v. O'Neal, demonstrates the importance of evaluating and presenting persuasive evidence of negligence by a driver when pursuing damages in a pedestrian accident lawsuit.

Cruise Ship Passenger Dies in Shore Excursion Accident

Recently, a cruise ship passenger died after a shore excursion accident in St. Kitts. The passenger was traveling aboard the Carnival Glory, a ship which departed from Miami for 10 nights in the Eastern Caribbean. According to reports, the guest was participating in Snuba, a form of diving with air provided from above the water. This shore excursion was apparently booked through the cruise line. It is unclear what happened during the excursion, but the passenger experienced some sort of distress. An ambulance arrived some 20 minutes after it was called and pronounced the man dead at the scene of the accident.

Wrongful Death: Florida Truck Accident Claims

Truck accidents are more likely to result in fatalities than car accidents due to the immense size of the vehicles involved. Large trucks in Florida routinely weigh up to 88,000 pounds, some of the heaviest in the nation. Truck accidents are not only often deadly, but they also commonly result in complex legal cases. The families of fatal truck accident victims will require the assistance of experienced counsel well versed in this field of law in order to protect their legal rights. The following is a look at wrongful death actions in Florida and some of their unique liability issues.