Florida Accident Attorney Blog

Professionals estimate that 1 out of every 1,000 babies born in the U.S. suffers from a common type of birth injury known as Erb's Palsy or Erbs Paralysis.

Erbs palsy or brachial plexus injuries occur during difficult labor, when the baby suffers nerve damage that can impede mobility of the shoulder, arm, wrist, and hand. A stretch injury is the mildest form, and the damage may resolve on its own with 90% to 100% functionality restored. A shoulder dystocia injury can occur when the baby's shoulder gets stuck inside the mother during a vaginal birthing process. Babies over 8.8 pounds are more inclined to experience these injuries, which also occur more frequently in mothers who suffer from diabetes and/or obesity.

Other types of brachial plexus injuries involving more severe damage to the nerves and spinal cord may require multiple surgeries and years of physical therapy to restore any functionality to the affected limb. Florida medical malpractice attorneys work with families who believe their infants may have suffered Erbs palsy or brachial plexus injuries due to medical negligence.

The Brachial Plexus Palsy Foundation works to educate parents in hopes of preventing these types of birth injuries.

The foundation urges all new mothers to take a proactive approach in their pregnancies, to learn all they can about their bodies and their options, and to work closely with their OB-GYN doctors so they can make informed decisions when the day of the birthing arrives. Sometimes a doctor will ask the patient for her informed consent to perform a C-section if vaginal birth appears to be hazardous for mother and baby.

National Institute of Neurological Disorders and Stroke:
Brachial Plexus Injuries Information Page

Brachial Plexus Palsy Foundation

A Port St Lucie man seeking legal advice for an auto accident ended up on a Florida law firm conference room floor -- and winning a multi-million-dollar product liability lawsuit.

The ABA Journal reports that Robert Friedrich went to a North Palm Beach law firm in 2003 to seek legal counsel regarding a car crash incident. Friedrich reportedly suffered personal injury when the office chair he sat in collapsed, and he fell and struck his head. The plaintiff claimed the injuries he suffered when the office chair collapsed resulted in more than $200,000 in medical bills and his losing his employment of 16 years.

A Palm Beach County jury awarded the Florida man and his wife $2,230,569 in the case, apportioning liability for the man's injuries between the furniture store that sold the office chair to the law firm in 1998 (67.5%) and to the law firm that owned the chair (32.5%). The jury also determined that the original auto accident was responsible for 25% of the man's injuries.

The law firm released a statement saying the manufacturer of the chair should have been held completely responsible.

A search on the U.S. Consumer Product Safety Commission website (see link below) displays a number of alerts regarding high chairs, lawn and patio chairs, stackable chairs, recliners, and other types of chairs that have been recalled in the past for collapsing hazards. Florida product liability attorneys are familiar with safety laws and regulations that protect consumers from defective products.

Would-Be Client Wins $2.2M Verdict in Law Office Chair-Collapse Case
ABAJournal.com May 7, 2009

Furniture failure verdict nets fortune
WPTV.com May 7, 2009

Related Web Resources

U.S. Consumer Product Safety Commission:

CPSC Homepage

CPSC Search Results for "Chair Collapse"

With the goal of reducing Fort Myers car accident injuries and deaths, the local Florida Highway Patrol troop is ramping up its Click-It or Ticket campaign enforcement efforts. According to NBC2 News, the Fort Myers FHP troop will be targeting specific areas in the region where motor vehicle crashes and deaths are known to occur -- areas known to have high rates of speeding.

The Fort Myers District of the Florida Highway Patrol covers Collier, Glades, Hendry, and Lee Counties, along with a Naples subdistrict. According to the Click It or Ticket Florida website, the minority of Floridians who didn't wear seat belts made up the majority of Florida traffic accident fatalities in 2007, with one in five Floridians not wearing a seat belt accounting for three of five roadway deaths.

Florida Seat Belt Use and Traffic Death Statistics
The Florida Highway Patrol reports that in 2007, approx. 15,147 lives were saved because motorists were wearing seatbelts. Another 5,024 traffic deaths could have been prevented if the victims of car, SUV, and truck accidents were wearing seat belts.

In Florida beginning July 1, 2009, not wearing a seat belt will become a primary offense. The Florida Department of Transportation, the National Highway Traffic Safety Administration (NHTSA), and other law enforcement agencies are involved in the Click-It or Ticket campaign. NHTSA reports that men ages 18 to 34 are the focus of the campaign's May mobilization, as research shows they are least likely to wear seatbelts.

Florida car accident lawyers see the results of what can happen when motorists do not wear seatbelts and are involved in traffic accidents. The simple act of buckling up saves lives and prevents Floridians from suffering personal injuries and the loss of loved ones in motor vehicle accidents.

FHP conducting special Click-It or Ticket patrols
NBC2 News May 19, 2009

Related Web Resources

Florida Highway Patrol

Click It or Ticket Florida

NHTSA: Click It or Ticket: America's Seat Belt Campaign

The Red Cross issued a press release for Memorial Day Weekend reminding families to take extra care when swimming at America's beaches, lakes, and in swimming pools.

A nationwide survey showed that one in four people knew someone who had died by drowning, and that 50 percent of Americans had personally experienced an incident where they feared they might drown. In addition, the survey showed that while 90 percent of families with young children plan to relax in the water over the summer months, nearly half stated that they will swim at locations that do not staff lifeguards on duty.

Florida Drowning Deaths
According to the U.S. Consumer Product Safety Commission (CPSC)...

• Florida swimming pool accidents that lead to drowning are the number-one cause of accidental death of children under 5 years old.
• Nationally, every year about 300 children under five years old die by drowning, and an additional 2,000 require emergency room treatment for injuries suffered from submersion under water. Most of these accidents occur in family swimming pools.
• Medical costs for children requiring emergency room treatment can soar into hundreds of thousands of dollars when brain injury occurs.

An experienced Florida drowning accident attorney is familiar with state and federal safety regulations designed to protect consumers.

Premises liability laws are in place to protect people who may become injured on someone else's property. The CPSC states that many communities have safety regulations in place that instruct private swimming pool owners on measures to take to keep residents and visitors safe. In addition, the federal Virginia Graeme Baker Pool and Spa Safety Act put safety requirements in place for public pools in Florida and every other state.

Florida boat accidents are another cause of death by drowning for both adults and children. Please be safe this Memorial Day weekend and take precautions for yourself and your children.

New Red Cross Survey Shows Nearly 50 Percent of People Have Had A Drowning Scare in Their Lifetime
American Red Cross May 20, 2009

Related Web Resources

U.S. Consumer Product Safety Commission:

Prevent Child Drownings

Virginia Graeme Baker Pool and Spa Safety Act

The Miami Herald reported that former New York Yankees hitter Jim Leyritz checked himself into a Broward Hospital for stress last week. Leyritz is awaiting trial on DUI manslaughter charges resulting from his involvement in a fatal Fort Lauderdale car crash that killed a Florida woman.

In December 2007, Leyritz was driving in downtown Fort Lauderdale when he reportedly failed to heed a red light and collided with Fredia Veitch at Southwest Seventh Avenue and Second Street. Veitch, age 30, was killed. News reports state that both Leyritz and Veitch had blood alcohol concentration (BAC) levels that exceeded the legal Florida state limit of 0.08 percent.

News reports state that Leyritz had been ordered to use a Breathalyzer monitoring device when starting his car, while he awaits trial. He reportedly checked himself into Memorial Regional Hospital West in Pembroke Pines, Florida, last Weds., after becoming distraught over failing the Breathalyzer. Leyritz provided a urine sample which disputed the Breathalyzer results. A Broward County judged agreed with Leyritz that the monitoring device most likely malfunctioned when it showed alcohol in his system, and no penalties will be leveled against the ex-Major League slugger. Leyritz was released from the hospital the day after he admitted himself. No date has been set for Leyritz's DUI trial.

U.S. and Florida Drunk Driving Statistics
Fort Lauderdale accident lawyers work with bereaved families who have lost a loved one or who have suffered personal injury due to alcohol-impaired driving motor vehicle accidents. The National Highway Traffic Safety Administration (NHTSA) reports that in 2007 in the United States, 12,998 people died in alcohol impaired motor vehicle crashes -- which amounts to 32 percent of all motor vehicle accident fatalities in this country.

In Florida, for 2007, of the 3,214 total traffic accident fatalities, 890 or 28% percent involved drivers and motorcyclist riders with blood alcohol concentration (BAC) levels at or above the legal state limit of .08 %, and 1,078 deaths involved motorists with BACs at .01+, which amounts to 34% of all fatal Florida traffic accidents.

Broward judge says alcohol monitor likely malfunctioned for ex-Yankee Jim Leyritz
PalmBeachPost.com May 16, 2009

Jim Leyritz checks into Memorial Regional Hospital in Hollywood
MiamiHerald.com May 15, 2009

Related Web Resources
NHTSA Traffic Safety Facts 2007: State Alcohol Impaired Driving Estimates (PDF)

NHTSA Traffic Safety Facts 2007: Florida

Stop Impaired Driving

Lee County boating accidents are down -- thanks to improved boating equipment, industry safety initiatives, and public awareness campaigns. National Safe Boating Week got underway today at Centennial Park in Fort Myers, Florida, with a demonstration of safety gear, including life vests, and proper usage techniques.

Lee County is one of South Florida's most enthusiastic and active boating communities, with 50,464 registered boats. According to news reports, Lee County reduced its accidents-to-boats ratio by 30% in recent years, down to 1 accident for every 2,220 boats (compared to earlier data showing 1 accident for every 1,534 boats). Since 2007, boating fatalities, injuries, and reportable boating accidents were all down for the region.

The waters in and around Lee County are patrolled by a number of law enforcement agencies, including the U.S. Coast Guard; the Army Corps of Engineers; the Lee County Sheriff's Office; police departments in Fort Myers, Cape Coral, and Sanibel; the U.S. Fish and Wildlife Service; and the Florida Dept. of Environmental Protection. The agencies of the Lee County Marine Law Enforcement Task Force are credited with improving the boating safety of Lee County's waters.

Experienced Fort Myers boating accident lawyers have seen how a carefree time on South Florida's waters -- whether in a speed boat, fishing boat, or on a personal watercraft -- can abruptly turn tragic. The Lee County Marine Law Enforcement Task Force reports that...

• Most boating accidents are caused by collisions, and most people who die in boating accidents drown.
• All vessels must carry a U.S. Coast Guard (USCG) approved life jacket for each person on board.
• Children under age 6 must wear a USCG-approved personal floatation device (PFD) at all times on vessels under 26 feet in length.
• Children under 13 must wear a USCG-approved PFD when on vessels venturing more than 9 miles offshore, unless they are in an enclosed cabin or below deck.

The U.S. Coast Guard reports that nationally, more than 2/3 of boating accident fatalities were drownings, and 90 percent of those drowning victims were not wearing a life jacket. Promoting increased use of life jackets is a focus of this year's North American Safe Boating Campaign.

Fort Myers event promotes safe boating
News-Press.com May 14, 2009

Related Web Resources

2009 North American Safe Boating Campaign

Lee County Marine Law Enforcement Task Force

U.S. Coast Guard Boating Safety

Florida Personal Injury Attorney Debi Chalik fought for and won a $400,000 settlement for a client who suffered serious injuries resulting from a slip fall accident. Tonya I., a client of The Law Offices of Chalik & Chalik, slipped and fell on a wet bathroom floor at a Florida restaurant and hotel chain location. The client claimed that her slip and fall accident aggravated a lower-back injury, which caused nerve compression. She also claimed that a head injury suffered in the fall triggered a structural defect in the brain called a Chiari malformation, causing seizures, difficulty swallowing, and memory loss. Tonya required spinal surgery to treat her injuries.

Attorney Debi Chalik, a partner in the South Florida based Chalik & Chalik Law Offices, investigated the facts and circumstances surrounding Tonya's accident. Attorney Chalik determined that the establishment failed to adequately maintain their property and keep it safe for patrons so they would not injure themselves. After months of negotiation, the property owner agreed to pay $400,000 to compensate Tonya for her injuries.

As an experienced slip trip and fall accident lawyer, Attorney Debi Chalik fought hard to prove the owner of the property was accountable for the client's injuries. Slip and fall accidents can cause broken bones, head injuries, and in cases like Tonya's, multiple injuries that require surgery, medication, and lengthy rehabilitation.

University of Florida Slip Trip and Fall Accident Injury and Fatality Statistics
A University of Florida study estimated that in 1999, more than 1 million Americans suffered a slip, trip or fall injury, and over 17,000 died as a result. The study breaks down slip/fall injuries into "same-level falls" (such as slipping on a wet floor) vs. "elevated falls" (such as falling off a ladder). The study reported that 12 to 15% of all Workers Compensation claims are caused by slip fall accidents, and that 5,100 workers died in 1999 as a result of such mishaps. Back injuries are the most common type of injuries in slip fall accidents.

A slip fall injury only takes a second to occur, but the problems incurred can last for months, years, or even a lifetime. Sometimes these accidents can even cause death. An experienced South Florida slip/fall accident lawyer helps clients such as Tonya recover and go on with their lives by fighting for the compensation they deserve and need to cover medical bills and lost wages.

Defendants Settle: $400,000.00 Fall on Wet Bathroom Floor
Chalik & Chalik Newsletter Volume #3 2009

Related Web Resources

University of Florida: Preventing Injuries from Slips, Trips, and Falls

National Safety Council: Falls in the Home and Community

An Orlando radio personality lost her life in a fatal Florida car crash after she swerved to avoid an object in the road and lost control of her vehicle.

On Friday May 1, Power 95.3 FM deejay Erika Roman was en route to visit family in Miami, Florida. Roman was driving southbound on the Florida Turnpike when she encountered a lounge chair in the right lane. According to news reports, Roman swerved to avoid hitting the obstacle and lost control of her vehicle when she overcorrected. Her Nissan Sentra spun out of control, went off the highway, and landed upside-down in a drainage ditch. Several witnesses struggled to pull Roman free of the wreckage and rescuers performed CPR. However she was pronounced dead at Lawnwood Medical Center in Fort Pierce, Florida.

Road Debris and Fatal Florida Highway Accidents
The National Highway Traffic Safety Administration has studied the problem of roadway debris that can lead to deadly traffic accidents. Motorists who unexpectedly come upon obstacles in the roadway may brake or swerve abruptly to avoid striking those objects, causing loss of vehicle control, rollovers, collisions with other motor vehicles, and vehicle damage. Types of roadway debris include:

• Fragments of blown-out tires from large commercial trucks


• Dislodged cargo, vehicle parts, tire tread, broken glass, and construction debris


• Animal carcasses


• Fallen trees

When a fatal traffic accident occurs on Florida highways and streets, a Miami car accident lawyer may work with bereaved families to determine if the accident was caused due to negligence of another driver. NHTSA reports that while roadway and roadside debris is a factor in fatal vehicle accidents, it is difficult to measure. A study of "Vehicles in Fatal Crashes Where Drivers Swerved to Avoid Debris in the Roadway 1995 – 2005" estimates 831 deaths caused by drivers swerving to avoid objects in the road (NHTSA, Commercial Medium Tire Debris Study Final Report, Dec. 2008).

Law enforcement officials investigating the fatal Erika Roman car accident told the press that if they can identify the owner of the lounge chair that ended up in the highway, the owner could be charged with failure to secure a load. A Florida Turnpike spokesperson said any additional charges would be made in conjunction with the state attorney's office.

WPYO/Orlando's Roman Killed In Traffic Accident
RadioInk.com May 4, 2009

Details emerge in crash that killed DJ Erika Roman
OrlandoSentinel.com May 3, 2009

Related Web Resources

Florida's Turnpike

Florida Prosecuting Attorneys Association (State Attorneys)