Jacksonville Injury Attorney Blog

Earlier on this blog, we reported about one of the first product liability cases to be tried regarding defective drywall from China. The case, brought in Miami, Florida, was tried against a supply company in the U.S. that bought the drywall and sold it to developers.

The plaintiffs purchased an expensive home in Miami and spent hundreds of thousands of dollars renovating it. Ulitmately, due to noxious smells they moved out. Defective Chinese drywall has been linked to some health issues and can cause the corrosion of the piping and air conditioning systems in a house.

The plaintiffs demonstrated that the supply company was aware of the problem as it returned a large supply of the drywall prior to the plaintiffs purchasing their home. The jury awarded the plaintiffs nearly $2.5 million in damages.

This case will probably represent a landmark in the hundreds of drywall cases that are pending throughout Florida. Numerous cases are also pending in Jacksonville.

Continue reading " South Florida Jury Awards $2.5 Million in Chinese Drywall Case " »

A St. Augustine man died as a resullt of a car accident when his car crossed the median on U.S. 1 in St. Johns County last night. After crossing into oncoming traffic, he was struck by a sport-utility vehicle on the right passenger side.

The driver of the car was airlifted to Shands Jacksonville Medical Center where he was pronounced dead. The driver and passengers in the SUV suffered minor personal injuries. Police report that everyone in the two vehicles involved in this collision was wearing a seat belt.

The reason for the car crossing the median has not been reported.

Continue reading " St. Augustine Man Dies in Car Collision on U.S. 1 " »

Homeowners across Florida have suffered damages as a result of the use of defective Chinese drywall in their homes. One of the first cases to go to trial is now being deliberated by a South Florida Jury.

Consumers have filed hundreds of cases throughout Florida seeking damages for product liability as a result of the use of drywall manufactured in China. The components of the drywall at issue are alleged to cause corrosion of pipes, air conditioning units and personal injury.

In Jacksonville, the use of Chinese drywall was common during the construction boom that occured from 2000 through 2005. Many homeowners are just now learning that they have a defective product in their home as they are beginning to experience the problems that can result.

We will report on the jury's verdict when it is rendered.

Continue reading " Jury to Decide Chinese Drywall - Defective Product Case " »

A man and three children were on an ATV in Middleburg, Florida, when it rolled over. The man and a girl were seriously injured and were taken to Shands Jacksonville Medical Center. Two boys on the ATV also suffered personal injuries and were taken to Orange Park Medical Center.

As Jacksonville injury lawyers, we see a lot of instances where ATVs are involved in accidents causing serious personal injury or death. An ATV has a high center of gravity and they have had problems with rollovers since they were first sold. Having four people on one ATV may have increased the possibility of the ATV flipping by making it even more top heavy.

Cases are often brought against ATV manufacturers for alleged defects causing rollover accidents.

Continue reading " ATV Rollover Accident Sends Two to Shands Jacksonville Medical Center " »

Three bicyclists were struck by a car on U.S. Highway 1 in St. Augustine, Florida, today. All three suffered personal injuries. Two of the cyclists were lifeflighted to Shands Jacksonville Medical Center. The third was taken by ambulance to Flagler Hospital.

After the collision, the driver of the car left the scene but was later stopped by police. The cause of the crash has not been reported.

Distance bicyclists often use the long stretch of highway between St. Augustine and Jacksonville; however, there is no separate bike lane for them. There have been several similar accidents in recent years. Because this area is not heavily congested, there is little reason for accidents to occur provided that drivers are paying attention. However, drivers have more distractions than ever, with cell phones, texting and dvd players now playing a role in car accidents.

Continue reading " Bicyclists Hit by Car in Saint Augustine " »

At the start of a relationship with a medical provider or nursing home, people do not usually think anything will go wrong. Usually they are right. In addition, there are many papers that get signed at that point. Often what gets signed without a lot of thought going into it is an arbitration agreement. As Jacksonville nursing home negligence and medical malpractice attorneys, we have consulted with many clients who have run into problems with arbitration agreements.

An arbitration agreement provides that, if a medical negligence claim or a nursing home negligence case is brought, it will be decided by a panel of arbiters instead of by a jury. Arbiters tend to be seasoned attorneys who have seen many tragic cases over their years of practice. As such, they tend to not be as sympathetic as jurors and provide smaller and fewer awards.

Arbitration agreements can also limit the damages a person can recover. Often, they limit the amount a person can recover for pain and suffering. They can also provide that, even if you win your case, the medical provider or nursing home does not have to repay your litigation costs. Because such cases typically require several medical experts, the litigation costs can easily exceed $50,000.00. Claimants have challenged the enforceability of arbitration agreements, but Florida Courts have found them enforceable in many instances. Our advice is to not sign an arbitration agreement.

Continue reading " Arbitration Agreements in Medical Malpractice and Nursing Home Negligence Cases in Florida " »