South Florida Personal Injury Blog

Everyone appreciates the look of newly cleaned or sealed tile. The shine simply makes a place of business so much more inviting. The caveat is however, that many cleaning methods used by subcontractors can result in unsafe flooring conditions. Slick tile and grout mixed with only a few droplets of water can have devastating consequences to the unsuspecting patron who is certainly going to file a claim for damages if the injury is documented.

As a result, more and more restaurants and high end retailers are using tile & grout cleaning companies that ensure that no comprises will be made in terms of safety when restoring stone, mason or ceramic tiles. These businesses are every bit as competitive as other companies that do not account for changing tile conditions following a cleaning.

"Avoiding injury and lawsuits paramount" claims Robert at White Sands Tile Cleaning - We have seen some significant claims over the last 10 years that absolutely could have been avoided.

If you have questions about avoiding business injury claims call us today.

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Noteworthy injury cases in South Florida

For more information on Broward County injury law, visit Broward Injury Attorneys

In July of 2009 the 3rd District Court of Appeal (DCA) ruled on a Personal Injury Protection (PIP) matter. The insured’s medical provider filed suit against the insurer seeking the PIP benefits after the insurer denied payment of the provider’s bills. The trial court granted a motion for summary judgment for the medical provider. The Circuit Court appellate division in Miami-Dade County affirmed. Thus it was finally appealed to the 3rd DCA which held that the report of the physician relied upon by the insurer to justify denial of the PIP benefits was a valid report. Thus, the lower decisions were reversed.

How did this happen? Read on… The case is United Automobile Insurance Company v. Metro Injury & Rehab Center, 16 So.3d 897 (3rd DCA 2009).
In this case, United Auto insured a Ms. Davis via the PIP automobile insurance policy. Ms. Davis was involved in a car accident on April 2, 2005. She went to Metro and as is customary, she assigned to Metro her right to benefits under the policy. On September 15, 2005, United Auto notified Metro that it was denying payment based on a report by a Dr. Goldbert who had reviewed the accident report, medical records and statement of Ms. Davis’ treating physicians and who concluded that further treatment was not reasonable, necessary or related to the accident.

United Auto cited Florida Statute 627.736(7)(a) which basically states that in order for an insurer to withdraw or stop paying medical bills it has to obtain a valid report by a Florida physician who states that the treatment is not reasonable, related, or necessary and that the valid report is one that is prepared and signed by the physician examining the insured person or reviewing the treatment records of the injured person and is factually supported.
Metro sued United Auto for breach of contract seeking PIP benefits under the policy. The trial court granted Metro’s motion for summary judgment concluding that Dr. Goldberg’s peer review report was not a “valid report” under the statute. The trial court did so because it stated that the report was not based on an independent medical examination (“IME”).

This appellate court reviewed the statute and prior case law. Specifically, it reviewed the case United Automobile Insurance Co. v. Bermudez, 980 So. 2d 1213 (Fla. 3d DCA 2008) in which the 3rd DCA decided that a valid report under the statute for the withdrawal of PIP benefits does not have to be based upon a physical examination conducted by the actual physician preparing the report. Instead, it held that it may be based on a physical examination of the insured by another physician’s examination, but that the physician preparing the report does not have to personally examine the insured. He or she may base the report on another physician’s examination and that such report can be done by reviewing the treatment records of the injured person alone. An IME is not required in order for a report to be a “valid report.”

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According to Florida discrimination attorneys, Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of sex as well as race, color, national origin, and religion. In the State of Florida, The Florida Civil Rights Act of 1992 takes it one step further and adds age, handicap and marital status. Further, both also protect against pregnancy discrimination.

Well, there are two more classifications that are seeking protection under a new bill filed by Representative Kelly Skidmore in the Florida House of Representative. This new bill sees to add “sexual orientation” and “gender identity” to the Florida civil rights statute.
Currently in Florida, according to Florida Discrimination Attorneys Alitowski & Moore, it is legal to discriminate against someone because they are gay, lesbian, bisexual or transgender. Though within some cities, these categories are getting more protection at a local level, it is not in all cities and thus not uniform throughout the state.
This new House bill will assist in protecting all Floridians who want to make discrimination in Florida illegal
http://miamiherald.typepad.com/gaysouthflorida/2009/11/florida-competitive-workforce-bill-filed-to-add-anti-discrimination-protections-statewide.html

As per this recent article, Florida discrimination attorneys claim that the debate and interest in civil rights is heating up all across the country. Whether the noise is coming from the right or the left, it is here and it is loud.
http://www.ontopmag.com/article.aspx?id=4859&MediaType=1&Category=26
From Alaska, to Michigan, to Florida, the debate on whether to write laws that give more rights to gay, lesbian or transgender people is very contentious and very active. Both sides are heavily invested in this issue. The two sides are mainly broken down into a religious, conservative and mostly church side versus a civil rights and mostly liberal side.
It is unlikely that the Federal government will intervene into this issue anytime soon. With the health care debate, the 3 current wars that the United States is in, and the current economic and housing crisis that we are in, the Federal government does not seem to have enough room to discuss or put this into its agenda. Currently there are 38 states where it is legal to fire or not hire someone because of their gender identity or expression.

If you have been discriminated against based on your sexual orientation or gender identity, please call and speak to a Florida discrimination attorney at the Law Offices of Andrew S. Alitowski at 888-ASK-ANDREW (275-2637) or contact us online. We are available 24 hours a day, 7 days a week.
If you are injured…Ask Andrew!!!

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[Broward County employment discrimination/retaliation question continued from November 11, 2009]

A claim of retaliation, if it is supported by sufficient evidence to be submitted to the jury, raises the value of the plaintiff's potential recovery in two ways. First, a plaintiff who has been the victim of retaliation has a greater chance of winning the sympathy of the jury on the underlying claim of discrimination. And second, proof of retaliation also goes a long way toward justifying an award of punitive damages, which are available only upon proof that the defendant acted "with malice or with reckless indifference to the federally protected rights of an aggrieved individual. As with claims of discrimination, the crucial issue in retaliation claims is whether the plaintiff has presented sufficient evidence to survive a motion for summary judgment or a motion for judgment as a matter of law, in order to have the claim submitted to the jury.

Employment Lawyers that will fight for you.

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The city of Pembroke Pines in Broward County is facing a class action lawsuit due the red light cameras installed by the local government, says Fort Lauderdale car accident attorney Andrew Alitowski. Although the city claims that the cameras save lives, many remain skeptical of both that assertion and the municipality’s reliance on public safety as the real reason the cameras were installed to track motorist’s violations.

The red light cameras purport to snap photos of the license plate of any car that goes through the intersection after the light has turned red, says Broward injury lawyer Alitowski. The system then generates a traffic citation, which is sent by mail to the registered owner of the vehicle – and does not take into account who may have been driving the motor vehicle. The possibilities for trouble here are not hard to spot: although parents of a teenaged driver might want to know that their child is not driving as safely as he claims, there are times when a non-primary driver – like a friend who borrowed the car or even a thief if the vehicle has been stolen – will trip the red light cameras. Still, the registered owner of the car is expected to foot the bill for the violation. If he or she disagrees with the citation, it is taken up before the special magistrate, who is employed by the city.

According to Broward car accident lawyer Alitowski, the lights may catch those drivers who run a red light by very little time – perhaps even less than a second. Although the city of Pembroke Pines maintains that the installation of the cameras has prevented car accidents, the city admits that it did not maintain statistics before and after installation of the cameras in order to prove the assertion. Motor vehicle accidents caused by running stop lights often occur several seconds or more after the light has changed.

The fines generate significant amounts of revenue: the city expects to make about $1 million annually from them, although it has held off installing the last few cameras due to the pending litigation. Pembroke Pines has issued over 1500 citations based on the photos since the cameras were installed in March of this year. Motorists in some other states have been successful in their lawsuits over the cameras, so there is hope for the litigants.

Continue reading "Broward Injury Attorney – Pembroke Pines Facing Class Action Lawsuit" »

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Fort Lauderdale Video Production Firm Hits The Mark When it Comes to Day in The Life Videos

The importance of “Day in the Life” videos in personal injury cases can’t be over emphasized. The emotional impact can be multiplied many times over standard trial testimony if done correctly. Attorneys know that this type of exhibit must be produced with not only attention to the art of producing video but also to evidentiary rules that can stand in the way of admissibility. Spending a significant amount of money on evidentiary production only to have it disallowed by the court in your client’s case would certainly be a devastating experience.

Video producers are artists, lawyers are well, something far less interesting or even likeable. The legal production video is one of the few things in this world that brings professionals from opposite sides of the career universe together. The shooting and editing of legal presentation videos are, simply put, one of the specialty areas of video production. The requirement that the production team must have skilled attorneys on staff monitoring the creation process, prevents many vendors from being eligible to accept such projects and opting instead for the less liable gigs such as weddings and Bar Mitzvahs.

I recently spoke to Martin, one of the video production planners at Group Project, a South Florida video production company that produces legal presentation work.

“From the outside, making a “day in the life” video seems like the easiest thing in the world for a new Fort Lauderdale video production company. You just go where the subject of the piece is, turn on the camera, and record them. A videographer right out of film school may hope to catch something that is telling about the affliction in which the subject might be suffering, much like a wildlife photographer hopes to catch an animal doing something exciting. If that is the mindset of the team, the video shouldn’t even be shot because it’s going to get excluded.”

He is right. If you don’t understand the latest rules governing the admissibility of evidence, your videographer is going to eventually “throw a rock” at the subject to get it to do something… so to speak. The problem is that judges are not stupid. Neither is opposing counsel. Each will spot such filming practices a mile away.

“You are very limited by the court system”, claims Martin, but that is where you have to get creative… very creative. It is true that our team attorney keeps the videographer from coloring outside of the lines, but within those lines our creative team paints a picture that will knock you over with its emotional impact.”

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Car accidents are among the most devastating sudden problems a family can have, says Fort Lauderdale personal injury attorney Andrew Alitowski. The psychological, emotional, physical, and financial impact can be tremendous, he says, noting that the sudden nature of car accidents means that they are disasters for which many people find themselves entirely unprepared. An experienced car accident attorney or motor vehicle accident lawyer can guide you through the process.

Psychologically, some motor vehicle accident survivors find themselves reliving the smashing of metal on metal or the sound of shattering glass while they try to concentrate on work or school matters. Others have sleep disturbances, says Fort Lauderdale accident lawyer Alitowski. The worst psychological consequences can include symptoms of Post-Traumatic Stress Disorder, which is brought upon by a serious, traumatizing event.

Financially, families are often pulled too tight to have the savings to immediately handle the medical bills, the cost of replacing a much-needed car, and other expenses out of pocket. In an ideal situation, auto insurance and medical insurance can cover the up front costs to help a family stay afloat, but for the underinsured and uninsured, the costs can soar to insurmountable levels in the hours after the collision, according to Broward accident attorney Alitowski.

The physical damage from a car accident can last a lifetime. Unfortunately, the most horrific car accidents can result in the death of loved ones, which may give rise to lawsuits on that basis. Although no amount of money can replace a family member’s presence, funds can cover children’s expenses, help with mortgage payments a newly-single parent will be unable to cover herself, and other costs that are difficult to manage when circumstances change dramatically.

In other instances, Fort Lauderdale motor vehicle accident lawyer Alitowski says that the types of injuries often sustained in car accidents are painful and difficult to treat and cure. Whiplash, head injuries, torn rotary cuffs, internal injuries, and other problems are among the types that our clients may manifest after the car accident.

Continue reading "Fort Lauderdale Personal Injury Attorney on Car Accidents" »

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Nicaraguan workers sued Dole and Dow Chemical Company after they claimed that working in the fruit fields left them sterile. The 150 agricultural workers in the Central American nation said said that they were irreparably harmed by exposure to a potent pesticide, says Fort Lauderdale personal injury lawyer Andrew Alitowski. They worked for Dole and allege that the manufacturer of the pesticide was Dow.

According to Fort Lauderdale accident attorney Alitowski, the workers won their verdict in a Nicaraguan court. Altogether, they were awarded $97 million, or about $650,000 per worker if each were compensated equally. However, Broward injury lawyer Alitowski notes that there might be variation among the amount each worker was awarded; for example, a 45-year-old mother of four might receive less money than her 20-year-old counterpart, who had not yet had the chance to get married or build a family.

In any case, the Dole employees attempted to enforce the verdict in a federal district court in Florida. U.S. District Judge Paul Huck refused to recognize the decision of the Nicaraguan court largely on the basis that it was inherently unfair to the American businesses and that the Nicaraguan government had specifically sought out to boost its citizens’ claims at the expenses of fairness and due process of the law. He wrote that the Nicaraguan court “applied a law that unfairly discriminated against a handful of foreign defendants with extraordinary procedures and presumptions found nowhere else in Nicaraguan law.” In general, although U.S. states are supposed to give full faith and credit to the public acts of other states (such as verdicts for civil damages and family law matters, like divorce decrees and child support or alimony obligations), those are far easier to enforce than a verdict from a foreign court.

There were other allegations of fraud, as well. An attorney in southern California is the subject of an investigation amid claims that he engaged in unethical practices, such as coaching witnesses to make misleading or false statements. The matter remains pending before the California Bar at this time, however, and there is not a decision at this time on whether the allegations are accurate.

Continue reading "Federal District Judge in Florida Refuses to Enforce Multi-Million Dollar Verdict Against Fruit Company" »

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Florida Employment Lawyers Update:

In one of the most high-profile cases to be heard by the Supreme Court this year, 16 white and one Hispanic firefighter sued the city of New Haven, Connecticut, alleging racial discrimination, says Broward discrimination attorney Andrew Alitowski. The city had administered a test that current firefighters could take to demonstrate eligibility for a promotion within the fire department. The exam was weighted such that 40 percent of the score came from the oral examination and 60 percent came from the written component. However, after discovering that the test showed a disparate racial breakdown, New Haven officials threw out the results of the test on that basis. They found that African-American firefighters who had taken the test performed significantly lower than members of other racial or ethnic groups.

As a result, the white and Hispanic firefighters sued the city of New Haven on the basis that they were being discriminated against. They performed well on a fair test, they said, according to Fort Lauderdale injury lawyer Alitowski. Furthermore, they went into the test after studying with the belief that a solid performance would result in possible promotions to the position of lieutenant firefighter.

The Supreme Court agreed with the firefighters who sued. The city of New Haven apparently rejected the test results amid fears of lawsuits from minority candidates for promotion, says Broward accident attorney Alitowski. Then they were hit with a lawsuit from the other side. Now, following the firefighters’ victory, an African-American firefighter has filed suit, alleging discrimination. In the new suit, Michael Brisco alleges that the test was biased against African-American promotion candidates because they are the victims of systemic discrimination, such as worse public schools in poorer neighborhoods. Briscoe says that he studied heavily for the exam and was at a disadvantage. He also states that the norm for firefighters’ exams is to weight the oral exam at 70 percent of the total score and the written exam at only 30 percent. If the test had been so weighted, he would have finished fourth in the pool of 24 candidates, according to his lawsuit. Briscoe contends that he learned the required material through years of on-the-job training rather than simply memorizing written facts in the days before the exam.

If you have been the victim of discrimination on the basis of your race, ethnic identity, or national origin, contact Alitowski & Moore, P.A., to begin your fight for justice.

Continue reading "Florida Employment Lawyers: Firefighters Continue to Fan the Flame in Discrimination Controversy" »

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Florida Employment Lawyers Report

Although the Civil Rights Act protects all workers in the United States from pay and employment discrimination on the basis of sex, Fort Lauderdale injury attorney Andrew Alitowski notes that the Act’s provisions were enacted primarily to protect women from discrimination. Some employers intentionally discriminate against female worker workers, a practice that was particularly rampant in the 1960s, 1970s, and earlier. At that time, many Americans believed that it was more appropriate for women to stay home to care for the home and raise a family. In particular, since most jobs were dominated heavily by men, bosses and employers did not always believe that women were suited for certain types of jobs. Fortunately, the law protects women who receive lower wages due to discrimination or who suffer through sexual harassment at their place of employment.

Now, women have more options than ever before, which many have embraced regardless of age, says Broward personal injury lawyer Alitowski. Many women pursue full-time careers; others elect to stay at home. Increasingly, women with more earning power are working while their partners stay at home. More and more companies are making alternatives possible for workers, especially parents, regardless of their sex. For example, some companies offer “flex-time” scheduling. Others may allow part-time work arrangements or telecommuting. For example, a mother or father who telecommutes may be able to work from a home office and supervise a child, avoid high child-care costs, and attain a better work-life balance.

Broward injury lawyer Alitowski notes that women still face discrimination in the workplace, which can be overt. An auto mechanic shop owner may think that a woman is just not as naturally suited to car repairs than a man is and may be less inclined to hire her as a result – or even to pay her. A sales company may think that women are not aggressive enough to be effective at high-pressure, high-volume sales positions. Several years ago, there were reports that law firms were giving unwitting female associate attorneys pregnancy tests under the guise of drug testing – an alarming violation of their privacy. Pregnancy discrimination is illegal.

In other instances, women may be discriminated againt less overtly. A worker may receive fewer work hours after she comes back from maternity leave, for example.

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In January of this year, Fort Lauderdale injury attorney Alitowski says the United States Congress enacted the Lilly Ledbetter Fair Pay Act, which amended the 1964 Civil Rights Act. The changes expand workplace protections for people whose employers have discriminated against them without their knowledge, according to Broward personal injury lawyer Alitowski.

President Obama signed the bill into law on January 29, 2009, shortly after he was inaugurated as President. The law was passed in response to the United States Supreme Court’s decision in Ledbetter v. Goodyear Tire and Rubber Co. in 2007, a controversial decision by the high court, notes Broward accident lawyer Alitowski. In that case the plaintiff, Lilly Ledbetter, began working at the Goodyear Tire Co. in Alabama. In 1998 Ledbetter sued Goodyear claiming that she had been discriminated against on the basis of her sex. At the time she filed suit, Ledbetter, who had started at the same pay as several of her male colleagues, was being paid $3,700 per month compared her male employees who earned between $4,200 and $5,200 per month. She alleged – and proved – that the disparity was because she is a woman.

On appeal, the Supreme Court did not address the issue of whether Ledbetter had suffered discrimination, but instead looked at the issue of whether the Civil Rights Act allowed Ledbetter to sue Goodyear or whether the suit was barred by the statute of limitations. The relevant provision in the law stated that a plaintiff had to file a suit against her employee within 180 days after the alleged unlawful practice occurred. Goodyear argued, and several members of the Supreme Court agreed, that the 180 day clock should have started from the point where the Goodyear Company started making discriminatory decisions about pay increases. Since Ledbetter did not allege that the discrimination occurred in 1998, her suit was untimely and her case was dismissed. In a dissent she read from the bench, Justice Ginsburg argued that the Supreme Court should have held that “knowingly carrying past discrimination forward” should continue the clock for statute of limitations purposes because pay discrimination often occurs in small increments over large periods of time. The Lilly Ledbetter act was a direct response to the Supreme Court’s majority decision. The law adopted Justice Ginsburg’s position by amending the Civil Rights Act to reset the 180 day statute of limitations period with each discriminatory paycheck. The law was brought up several times during the 2008 presidential campaign. Generally, opponents of the bill argued that its enactment would harm business interests.

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Unfortunately, during tight economic times, the workplace environment can undergo major changes, says Fort Lauderdale injury lawyer Andrew Alitowski. There may be layoffs, which can cause emotional strain at work for several reasons. Employees become concerned that they, too, will be next on the chopping block, and empathize with their friends and colleagues who did not survive the recession at their place of employment. Nonetheless, employees and workers of all stripes continue to have rights that employers are required by law to honor.

One of these issues is overtime pay, says Fort Lauderdale personal injury lawyer Andrew Alitowski. Unfortunately, many employers avoid paying the additional wages for extra hours, even though the pay is required by law for many workers. In the case of some businesses, especially small mom-and-pop type operations, it may even be by accident. However, ignorance of the law is not a defense for failing to pay the overtime wages due to a worker. Further, the withholding of the funds may be a deliberate attempt by an employer to boost earnings. Willful violation of the law is extremely problematic.

Worker's compensation is also important. Any time a worker is injured on the job, he or she should be checked out by a doctor as soon as possible. In most cases, the employer will be required to pay for the worker's medical care, ongoing treatment, and even medication and physical therapy. Workers should insist upon being taken to a doctor as soon as the injury occurs or the symptoms manifest. Unfortunately, the employer or its insurance company may be interested in your prior medical records if you are injured on the job. For example, if you have previously been treated for a back injury, they will think that is relevant to a current back or neck problem that was caused by your work. An injured worker should obtain his own attorney if he or she must deal with a team of the insurance company's lawyers, says Broward injury lawyer Alitowski. The sad reality is that the insurance company's best interest is to make sure that the worker does not get his or her medical care covered so that they make more money.

Since unemployment and other economic problems are ongoing, many employees are reluctant to press the issues of overtime compensation and worker's compensation for fear that they will lose their jobs. However, employers are required to cover these costs in most cases. Consult Fort Lauderdale accident lawyer Andrew Alitowski if you believe you are due overtime wages or worker's compensation benefits.

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