Miami Personal Injury Attorney Blog

Target Ordered to Pay $4.6 Million Dollars for Customer Injury

September 12, 2016 | Wolfson & Leon

A South Carolina woman was awarded more than $4.6 million following an incident when she was stuck by a needle in a Target store parking lot. Remarkably, her lawyer attempted to settle with Target before trial for $12,000 but Target rejected that offer. In response, Target offered the woman $750 and she was forced to go to trial.

In May of 2014, the woman and her young daughter got out of their car in a Target parking lot. When the woman’s daughter picked up a hypodermic needle, she swatted the needle out of her daughter’s hand. As she swatted the needle, it stuck her in the palm of her right hand.

The woman reported the injury to a Target employee who noted in a Target Guest Incident Report that the woman “seemed worried”. The report is an internal document that is filled out by a Target employee or manager. Information is collected from the “guest” about their accident and injuries while at Target.

Walmart Chooses Profit over Customer Safety

September 5, 2016 | Wolfson & Leon

Miami premise liability lawyers know that Walmart measures everything. They know their numbers. Consider this:

Sales per Walmart employee is $236,804 – a 23% increase over the last decade
It has more than 1 million retail workers on full-time and part-time shifts.

Target’s Wet Look Floors Are an Accident Waiting to Happen

August 16, 2016 | Wolfson & Leon

What is the one thing you notice when you go shopping at any Target store? The shiny floors and it isn’t a coincidence. At the highest corporate levels of Target, a decision was made to sacrifice consumer safety in favor of bright clean look that would entice customers to shop at Target.

Target home offices are located in Minneapolis, Minnesota. There are more than 1700 Target stores in the United States. In a recent case in South Florida, Target’s procedures and policies were placed under a microscope and the results are disturbing.

The documents and testimony in the commercial premises liability case against Target conclusively demonstrated that Target instituted a company-wide policy of maintaining “WET LOOK” floors. In furtherance of this policy, Target specifically choose certain types of tiles and mandated specific waxing/cleaning procedures. In addition, Target incorporated lighting choices to enhance the bright shiny look of the stores.

Personal Injury Mediation in Miami

July 26, 2016 | Wolfson & Leon

court-room-300x198 If you have a personal injury lawsuit in Miami, sooner or later you will likely end up in mediation. So what is mediation? It really doesn’t involve deep measured breaths, closing your eyes and focusing inward (although that might help during an actual personal injury mediation). Florida law and Rules of Civil Procedure provide for and encourage settlement of all legal disputes. The primary format for alternative dispute resolution in Miami is called mediation.

What is a Personal Injury Mediation?

Mediation is a basically a settlement conference with an impartial third party called a mediator who is trained and certified. It usually takes place at a neutral location like the mediator’s office. The parties to the lawsuit attend with their lawyers. Often in personal injury mediation, there is an insurance company involved. The insurance company will usually have a claim representative or adjuster attend the mediation with the insurance defense attorney. Some insurance companies will have designated field representatives who attend all the mediation conferences in the particular jurisdiction. On other occasions, an adjuster will attend the mediation by phone or Skype. In order to attend by phone or Skype, the parties would need to agree. If the parties do not agree, then a motion to allow the adjuster or representative to attend by phone can be filed with the court and a judge can rule on the issue. Typically in a Miami personal injury mediation, the parties will agree to allow the insurance company representative attend by Skype of conference call.

Road Rage and Aggressive Driving in Miami

July 23, 2016 | Wolfson & Leon

Miami Car accident lawyers deal with people who were injured by aggressive driving or even road rage every day. Road rage is the more extreme form of aggressive driving such as people who get out of their car to confront or assault other drivers. It also includes drivers who intentionally run into other cars or people. Aggressive driving can take many forms and often plays a role in numerous Miami car accident injury cases. In our analysis, it’s getting worse every day. Now there is a study on aggressive driving that backs up our opinion.

According to a recent study by the AAA Foundation for Traffic Safety, almost 80% of drivers in the past year had expressed road rage, aggression or extreme anger on at least once occasion. The information was collected in a national survey of 2,705 drivers who were at least 16 years old and had driven in the past thirty days. In 2014, it is estimated that there were over 213 million licensed drivers in the U.S. according to the Federal Highway Administration.

This AAA study suggests that about 8 million drivers in the United States had engaged in significant road rage including getting out of their vehicle to confront other drivers or intentionally ramming other cars. The perception of almost two thirds of drivers believe that aggressive and angry driving has increased over the past three years. Ninety percent of us believe that road rage and aggressive driving is a serious and significant threat to our personal safety.

Miami UberEATS Means Even More Uber Drivers

July 12, 2016 | Wolfson & Leon

Uber launched its new app called UberEATS in South Florida today. It opens the market for Uber drivers to deliver food from over 100 participating restaurants in the eastern corridor of South Florida from Brickell to Hollywood. Participating eating establishments include The Salty Donut, SoCalTaco, Salsa Fiesta, The Rice House of Kabob, Morgan’s Restaurant DIRT, Jar + Fork, Ms. Cheezious, Sushi Maki, the Daily Creative, Sliders, Roasters N Toasters and Wynwood Kitchen & Bar. Miami is the 19th city in the United States to launch UberEATS.

Miami Uber accident injury lawyers know that this means more Uber drivers on the road in Miami and Broward County. As miles and hours increase, so does the possibility of car accidents. The question is whether Uber will provide insurance coverage for its drivers and if so, when will that coverage apply. Presently, Uber is supposed to provide its drivers and passengers with insurance coverage of 1 million dollars. This insurance coverage is supposed to apply when the driver is engaged in the pick-up and delivery of passengers. But many questions remain for Uber car accident injury lawyers.

We expect there to be issues that will be litigated in the courts over the coming years. These questions will involve exclusions, coverage and limitations of liability. It is generally expected that Uber’s insurance coverage will apply when the driver accepts a ride request through the delivery of that passenger. But will there be coverage when the Uber driver has his app on and is available to accept rides but has no customers at that moment. What happens when a driver refuses a ride request and is involved in an accident? Will Uber’s 1 million dollar insurance cover that Uber driver?

The Most Important Insurance Every Motorcyclist Should Get

July 10, 2016 | Wolfson & Leon

boy Motorcycle accident lawyers in Miami come across this issue all the time. What kind of insurance should I get for my motorcycle? If you own a motorcycle, the most important insurance coverage you should have is uninsured motorist coverage.

If there is a motorcycle in your life – you, your spouse, your kids, your parents, even your grandparents – then you probably understand there is a risk. Especially in Miami. If you or a loved one is in a motorcycle accident, then two things are likely to happen. The injuries will most likely be significant or even fatal. Second, there is a very good chance the other driver will have little or no insurance. Those are just facts of life. Especially in Miami.

Motorcycle accident injuries can be severe. The simple fact is as a motorcyclist, you don’t have the protections that vehicle drivers have. You are directly exposed to the impact and the elements. In some unfortunate and heartbreaking cases, the motorcyclist is killed and a wrongful death case is brought on behalf of the survivors. In almost every motorcycle accident case, the medical expenses are astronomical in addition to the lost wages, loss of future earning capacity as well as pain and suffering.

Uber Gun Policy

July 7, 2016 | Wolfson & Leon

Miami police arrested an Uber driver in Coconut Grove for selling narcotics based on a tip. The law enforcement officers were engaged in an anti-gun violence operation. They received a tip and arrested the Uber driver at a convenience store on Grand Avenue. The driver was also in possession of a gun.

One question Miami personal injury lawyers face is whether Uber drivers and riders are legally allowed to carry a handgun when using the Uber app. The official Uber policy states: “Uber Firearms Prohibition Policy – Our goal is to ensure that everyone has a safe and reliable ride. That’s why Uber prohibits riders and drivers from carrying firearms of any kind in a vehicle while using our app. Anyone who violates this policy may lose access to Uber.”

Since Uber, Lyft and other ride-sharing transportation networks are privately held companies, they can uphold their Firearms Prohibition Policies. But in reality such prohibitions are unenforced until after something tragic or horrific happens.

Top 8 Things You Should Know About Testifying as an Expert Witness

June 21, 2016 | Wolfson & Leon

Let’s start with the assumption that you are well-educated and charming. You are board certified and have all the specialist certifications anyone in your field could hope to have in a lifetime. You love your family and your country. You know your field. People call you an expert and seek your opinion. So, does that mean you are ready to be an expert witness? Not necessarily.

The Miami personal injury lawyers at Wolfson & Leon have worked with experts in Florida for more than 60 years. Here are the top 8 things our attorneys say you should know about testifying as an expert witness:

You are what your records say you are. If there are any public records that might prove embarrassing, you can rely on a decent trial lawyer to find them. Understand that part of trial work is investigating the witnesses. That includes civil and criminal records; any state or federal records that are available; and even the property appraiser. If you are going to be an expert in court, then you should make sure your online presence in social media is pristine.

The Chinese Menu Defenses In Premises Liability Trials

June 12, 2016 | Wolfson & Leon

stairs-a18941 Most of us have ordered the specials at our favorite Chinese restaurant. You get to pick and choose from a variety of choices. Usually you pick a soup from column A. Then another choice for appetizer from Column B. Then yet another choice for the main course from Column C. You get to pick and choose. In a premises liability trial, the defense will usually present a Chinese menu of defenses and offer the jury a variety of ways to deny the injured person a full, fair and complete recovery. The Miami Premises Liability Lawyers at Wolfson & Leon deal with these defenses everyday.

A premises liability trial is usually filed against a property owner for injuries and damages. The types of premises liability cases can include slip and fall, trip and fall or negligent security. The defenses are stated in the defendant’s answer to the complaint. These defenses often include:

The plaintiff was intoxicated and therefore he/she cannot recover