Miami Personal Injury Attorney Blog

Marsy’s Law – Florida Crime Victims’ Rights

February 12, 2018 | Wolfson & Leon

proof3-300x200 Being a crime victim or someone close to a deceased crime victim is a difficult and life – changing experience. The world doesn’t look the same anymore. Suffering attack on your life, personal freedom, sexual freedom, safety, property, or anything else, means that the trust in others you once had is now shaken, or completely lost. After the unfortunate event, crime victims are in a very specific mental and emotional state: at the same time, they eagerly seek for justice, and criminal procedures are overwhelming for them. While they do their best to help the investigation, it is struggling to relive the criminal event repeatedly.

Overall, the United States provides a crime victim a significant position in the criminal procedure by entitling them to many rights. Each state can widen the scope of these rights further, and they often do that. Crime victims cooperate with investigation by giving valuable information to authorities, and later testify in court, but they also have the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, so long as exercising their rights doesn’t interfere with the rights of the accused.

It might look as if victims are in a very comfortable position in criminal proceedings, but the big picture is different. If you take a closer look at the laws, you’ll notice that in the US Constitution and every single state constitution have enumerated rights for accused and convicted individuals. Entitling them to these rights is in the spirit of modern civilization and democratic values, as it provides for fair procedure and shouldn’t allow anyone to be convicted in unfair trials. Whereas, the US Constitution and fifteen state constitutions haven’t enumerated crime victim rights yet. While accused persons have more than twenty rights listed in the US Constitution, crime victims have none yet.

Panic Buttons for Miami Beach Hotel Workers?

January 19, 2018 | Wolfson & Leon

proof3-300x200 Miami Beach could be the next town to promote usage of handheld panic buttons for hotel workers. Following the example of other cities, including Chicago and Seattle, hotel workers could be provided with an alarm for protection against sexual harassment and assaults. The proposal aims to introduce a portable panic button that will be connected to the hotel security system. In case of an assault or harassment, the push of the button will inform the security about the attack and will allow them act as expected.

Although sexual harassment and assault has always existed, now people speak about it louder than before. This issue has been put under the carpet for very long, but now many sexually harassed people raised their voice against predators. The #MeToo movement obviously encouraged many victims to speak out about things they’ve been silent about for various reasons. It added fuel to the smothered fire, making changes imminent. Panic buttons for hotel workers are just one of the changes that must be addressed.

Miami hotel workers understand that sexual harassment is very common in their everyday work. Acts vary from seemingly innocent compliments to massage requests and open sex requests. Hotel workers live under stress that the next guest they meet might behave inappropriately. Being mostly women and working alone are not the only reasons why hotel workers are particularly vulnerable to harassment.

Driving While Texting Legislation in Florida

January 18, 2018 | Wolfson & Leon

Unfortunately, it is common to see many people drive around Florida roads with their eyes fixed on the phone screen and typing with their thumbs, while not paying enough attention to what’s going on in front of them. Although everyone knows about the dangers of this habit, no one seems to care. Maybe it has something to do with driver’s carelessness, or maybe with weak Florida texting while driving laws as well. Unlike most American states, in the Sunshine State, a police officer cannot pull you off for doing any activity with your phone, no matter how dangerous it is.

Now that is about to change. A new bill aiming to hit drivers’ damaging texting habits and save lives from distracted driving is expected to be passed in the next few days. It will make texting while driving a primary offense, allowing law enforcement officers to stop reckless drivers guilty of this offense. With that, Florida will join other 43 states that regulate this issue in the same manner.

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Existing Florida Texting and Driving Laws

Safely Aboard the Brightline Train

January 12, 2018 | Wolfson & Leon

South Florida residents are about to get a solution to the infamous Florida congested traffic, as Brightline officials have announced that they are going to offer the region an alternative to the jammed roads. It is an intercity express train service that aims to connect South Florida cities within a one-hour commute. In the beginning, they will serve only the route between Fort Lauderdale and West Palm Beach. Miami will be added soon. Eventually Brightline has plans to expand further into the Sunshine State. A Miami – Orlando route is scheduled for 2020.

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All Aboard Florida, a subsidiary of Florida East Coast Industries, developed Brightline. This is the first ever privately-owned train service initiative in the United States in the 21^st century, and only the first in the country in 25 years. The last one closed in 1983, when Rio Grande Zephyr ceased operating between Colorado and Utah.

Now, the old-fashioned way of transport is making a comeback in Florida, giving passengers all the advantages of the old vibe travel along with several modern amenities, such as free Wi-Fi internet, fully automated bathrooms, among others.

Improper Floor Maintenance Leads to Slip and Fall Accidents

January 8, 2018 | Wolfson & Leon

Have you ever slipped and fell in a store? Then when you look you don’t see anything on the floor and wonder what happened. Like most people, you might feel embarrassed laying on the floor and start to think it was your fault. But it might not be after all. The Florida slip and fall lawyers at Wolfson & Leon in Miami may be able to help you prove that your slip and fall was actually caused by the store’s negligent maintenance procedures.

slip-and-fall-lawyers-300x184 The determining factor that causes a person to slip and fall is oftentimes improper maintenance. Many cleaning compounds are based in soap or detergent. These materials use surfactants which are molecules that bring together grease and particles in a process commonly known as emulsification. This enables the grease and dirt to be washed up and away. But soap film can develop when the surface pore grease binds with the soap molecule residual. Polymerization can result when the soap film is further compounded by contaminants, minerals and soil. Soap or detergent-based products can produce and leave a soapy residue that may become slippery when wet. This can directly contribute to slip-and-fall incidents.

When a mop solution (water containing detergent) is applied, it emulsifies the soil and releases it from the surface. While suspended in the solution, the loosened soil should be easily removed by the mop, transferred into the dirty bucket and discarded. If pickup is incomplete, the soil-laden solution settles into the low spots on the floor. The water evaporates, leaving a residue of detergent and soil particles that attach firmly to the surface. Over time, if this cycle of incomplete cleaning is repeated, soil and detergent buildup becomes substantial and visible, especially when wet. Continuing such “slop mopping” can result in spreading this buildup to the remainder of the floor area.

Florida Hotel or Resort Accident – What You Should Know

January 2, 2018 | Wolfson & Leon

Florida has the Worst Drivers in the USA

August 31, 2017 | Wolfson & Leon

rear_end_collision Maybe this isn’t news to you, but for the second year in a row Florida was ranked first in having the worst drivers in the country.

Miami car accident lawyers deal with the effects caused by bad drivers every day. Clients are faced with the ripple effect of an automobile crash – the property damage; the insurance companies; medical bills; and loss of income. Car crashes impact more than the driver and passengers. A car accident will likely affect families, friends and coworkers. That is why anyone involved in a car wreck should consult with the best Miami car accident attorney that they can find.

Florida – Home of the Second Lowest Number of Insured Drivers

Miami Lyft Driver Killed in DUI Accident

August 24, 2017 | Wolfson & Leon

Car_crash_2 In March of 2017, a Lyft driver in Miami was killed in a Little Havana accident. The other driver was charged with DUI (Driving Under the Influence) for being high on crystal meth and cocaine. There were four passengers in the Lyft driver’s vehicle who were taken to the hospital. The family and survivors of the deceased driver and the passengers would benefit from the advice of a Lyft car accident attorney in Miami. These victims all face a potentially complex situation of insurance coverage.

Nicholas Castelao was ultimately charged with DUI manslaughter for driving while high on crystal meth. The Lyft driver he killed was Robert Torra. The accident happened in the residential area at the intersection of SW 25^th Avenue and SW 17^th Street. Castelao told a nurse at Jackson Memorial that he was high on meth. In addition, the investigating officers found a drug pipe near the vehicle after the accident. At the hospital, a nurse’s aide found 3 bags of drugs in the pockets of Castelao.

It is so sad that the selfish decision to drive while under the influence tragically impacted the Lyft driver and his four passengers. Not only were those folks affected, their families and friends also felt the impact. The unintended consequences of a tragic car accident extend far and wide.

Watch What You Sign or Suffer the Consequences

August 23, 2017 | Wolfson & Leon

proof3-300x200 It happens all the time. You go to an amusement park. You go to a tumbling facility for children. Maybe you take your kids to a horseback riding facility. Perhaps you’re even at one of those trampoline places where everyone jumps around with socks on. And this could even happen at a doctor’s office. What is it? Signing papers without reading them first.

What happens if you don’t get to do what you want unless you sign a piece of paper? It seems unfair that you could be stuck and held to an agreement that you signed in that sort of a situation. But when you sign something you need to read it. In fact, in all the situations above, if you sign away your right to sue if somebody else does something wrong and hurts you, then you can’t sue them no matter if the other person is negligent.

In fact, if the agreement says that you are releasing the location or person or company from any of their own negligence that means you can’t sue them if they’re negligent. Seems pretty straightforward. But nobody reads these agreements. Even lawyers will fail to read them. But you should think carefully about whether or not to even want to go forward with the activity. Because even if the other side is negligent, if you sign that paper, you can’t sue them.

Airbnb Accidents in Florida

August 22, 2017 | Wolfson & Leon

stairs2-300x219 What would you do if you were injured at an Airbnb location in Florida? If the accident wasn’t your fault, do you know how to hold the responsible person or company accountable for your damages, medical expenses and loss of income? Our Florida Airbnb accident attorneys have investigated and studied the issues involved when people are injured due to the negligence of the Airbnb owner or operator. Unfortunately, the answers are not simple. However, there is a path to recover for your Airbnb injury.

The first thing that you need to understand is that you cannot sue Airbnb. The Terms of Service in your Airbnb agreement provide that in the event of a dispute, you agree to negotiate or arbitrate with Airbnb. Additionally, in that same agreement you agreed to waive your rights to request a jury trial for all issues that are capable of being submitted to arbitration. You might wonder if Airbnb can do this legally. The answer is yes. You’re not required to use Airbnb but when you do you must agree to Terms of Service.

In fact, it is common for companies and corporations to include such provisions in the terms of service or agreements. The most used provisions include waiver of jury trials and arbitration requirements. If you disagree then you simply don’t have to use the service or product that is being provided to you by the corporation. Another favorite is venue selection. Most obvious example is accidents that occur on cruise ships. Most cruise ship tickets provide that in the event of a lawsuit is filed then it must be filed in federal court in Miami. Again, if you don’t agree than simply don’t buy the ticket.