Recently, a heartbreaking fire in a Mexican child care facility resulted in the deaths of dozens of children, many of them infants. Other children suffered burns and injuries from smoke inhalation, in addition to psychological trauma from their experiences. Motor vehicle accidents are now the leading cause of fatal accidents involving children. The small body of a child cannot withstand the impact of a car accident quite as well as an adult can. They are also relatively likely to inflict disabilities.

On an even more dire note, many children are victimized by criminals – they may be physically or sexually abused, for example, by caretakers, neighbors, family members, or strangers. Fort Lauderdale accident attorney Alitowski finds that these types of scenarios leave parents wondering, What can I do? What is my recourse against these people, on behalf of my child?

The answer depends on the specific details of your situation, says Broward accident attorney Alitowski, who encourages concerned parents to meet with him for a consultation. If the child survived the crime or the accident, he may be able to sue the person responsible for his injuries. Although the lawsuit occurs in his name, his parents are often more involved in the process. Parents may have a cause of action to file a lawsuit for their children’s injuries in some cases and can file wrongful death suits if a child was killed as a result of another person’s wrongdoing.

Not every injury or accident will result in a viable lawsuit. A parent will likely be able to sue a day-care facility that negligently supervised his small daughter, resulting in her death due to consumption of antifreeze. Failure to properly supervise the child in this situation is extremely problematic. The circumstances of each case are different and it is important to seek the advice of an experienced personal injury attorney before making a decision.

The FDA issued its warning after determining that at least 130 people have lost their sense of smell after using the drug, which contains zinc gluconate. It is not clear whether the loss of smell is permanent or only temporary, an issue that may still be under investigation at this point in time, says Broward injury attorney Alitowski. Regulators said that the other Zicam products, such as chewable tablets and a mist taken orally, are not affected by the recommendation, as the FDA has not determined that the product, when taken in other forms, affects sense of smell. Some of the people affected reported that they lost their sense of smell after just a single dose of the over-the-counter medication, while others reported that they were not affected for several treatments. It is also possible that affected consumers did not immediately realize the problem, due to the effect of congestion on sense of smell, nor is it clear whether any of the affected users plan to file product liability lawsuits against the manufacturer.

The FDA recommendation also highlighted the importance of smell for safety reasons: "The loss of sense of smell can adversely affect a person's quality of life and can limit the ability to detect the smell of gas or smoke or other signs of danger in the environment." Additionally, because smell is heavily associated with taste, a decreased or nonexistent ability to smell has far-reaching effects.

Fort Lauderdale injury attorney Alitowski reminds consumers that it is important to follow the FDA consumer advisories. The agency has recently issued advisories related to the dangers over topical anesthetics, especially during laser hair removal, and the possibility of depression or suicidal thoughts associated with the prescription asthma medication Singulair.

Burn injuries can be inflicted a number of different ways. West Palm Beach injury lawyer Alitowski says that many serious burn victims may have a cause of action against the individuals or the entity – such as a business or the government – that is responsible for their injuries in whole or in part. For example, if a neighbor carelessly sets fire to his home, causing yours to go up in flames late at night while you were asleep, you may be able to recover civil damages against the neighbor for his negligent behavior that led to your serious burns. Similarly, landlords who do not maintain their rental properties in compliance with the local building standards may have liability if you are injured as a result of a fire that started in one of their units. For example, if a landlord does not have smoke alarms properly installed, the tenants may not be alerted to the fire until it is tool ate. Similarly, the fire code has other restrictions regarding safe electrical wiring and other building procedures.

Burns can also occur from car accidents, says injury lawyer Alitowski. Unfortunately, motor vehicle accidents can cause explosions and fires under the right circumstances. In these cases, the person who caused the car accident and/or the manufacturer may be liable to you for damages related to your injuries, including lost wages, compensation for your expenses such as medical care, and pain and suffering. Famously, the Ford Pinto was built with a gas tank that exploded during some motor vehicle collisions. There are also other situations in which a manufacturer may be liable for damages caused by burns resulting from problems associated with their products. For example, kitchen appliances, such as wafflemakers, can malfunction if made incorrectly or defectively designed. The manufacturer of these types of products may be liable for to you for your injuries, including burn injuries.

Chemical burns can also cause serious, lifelong injuries, says Fort Lauderdale injury attorney Alitowski. These types of burns are most likely to happen from faulty products or at work. Chemical burns can occur from certain defective batteries or, for employees, during the manufacture of products containing harsh chemicals.

The number of uninsured and underinsured drivers on the road is increasing. A study that came out earlier this year predicts that about 16 percent of drivers – or about one in six of the cars on the road – will be insured by next year. According to Fort Lauderdale personal injury lawyer Andrew Alitowski, the rate of uninsured drivers has traditionally been closely associated with the rate of unemployment. When more Americans lose their jobs, fewer of them purchase or maintain their car insurance coverage. Although car insurance is mandatory in the state of Florida, this may be one of the first expenses an individual stops keeping up with during financial difficulties. With record numbers of Floridians struggling to keep their homes and avoid foreclosure, especially in Broward County, the relative importance of maintaining current car insurance may drop to a lower priority for some drivers. Uninsured drivers may be able to purchase low-cost car insurance policies with higher deductibles in order to comply with the law.

A motor vehicle accident can cause many expenses: medical bills, rehabilitation and physical therapy, lost wages, alternative transportation costs, and the cost to replace your motor vehicle, in addition to other costs which can crop up. An experienced motor vehicle accident attorney can advise you of your rights and negotiate on your behalf with insurance companies. If an insurance company seeks to have you make a statement under oath – such as signing a statement with a notary – always seek the advice of an attorney. This is especially true if you are continuing to receive medical treatment or if you have not yet had a full battery of tests to determine the extent of your injuries. Whether negotiating with your own insurance company or the motor vehicle insurance of a different driver, it is important to have an experienced Broward injury lawyer on your side.

There are many ways a passenger on a cruise ship could suffer injuries. She may slip and fall (or trip and fall) on an uneven or wet surface. He could fall because of poor steering of the ship itself. A passenger could be subjected to bad food poisoning, especially from improperly prepared or undercooked food, says Broward personal injury attorney Alitowski. Salmonella, botulism, and E. coli are just a few of the possible common food contaminants. All can seriously sicken a person; the elderly and small children are particularly vulnerable to the effects of food poisoning. In the event of food poisoning, the passenger should seek medical attention as soon as is feasible and continue consuming fluids to stay hydrated and to avoid further weakening.

Inadequate medical services may give rise to another personal injury claim. If the cruise ship company provides medical staff on the ship, or if they negligently entrust your care to a bad doctor or hospital at one of the destinations, you may have a civil claim for damages.

Perhaps worst of all, a cruise ship passenger could actually fall off of a cruise ship and into the Atlantic Ocean or the Gulf of Mexico. This is truly a worst case scenario. Cruise ships are not designed for rescue missions and, if the crew is not monitoring the ship or waters, or does not immediately become aware of the accident, the passenger who falls off of a cruise ship could die quickly.

Palm Beach injury attorney Alitowski uses an emergency room physician as an example. Where a patient or her next of kin fills out medical paperwork, even noting allergies to certain prescription drugs, the doctor must be careful with regard to which antibiotics to dispense. If the patient states that she is allergic to penicillin, the emergency room physician should know better than to administer penicillin (or a very closely related antibiotic, such as amoxicillin) to treat her infection. In the event that the patient is prescribed that antibiotic, and becomes very ill as a result, she may have a claim for monetary damages against the doctor and the hospital where she was treated. Where the patient actually dies from the inappropriately administered medication, the patient’s family and her own estate may have a cause of action against the doctor and the hospital.

Similarly, a pharmacist who fills a prescription incorrectly can cause wide-ranging results. An elderly person who takes daily heart medication for his health, but who inexplicably receives allergy medication when he gets a refill from the pharmacy, may or may not be hurt by the new medicine, depending on the type of medication, strength, dosage, and other factors. He is likely to be seriously hurt, however, by the fact that he did not receive his heart medication.

Psychiatric professional can be held liable for failure to fulfill their duties, as well. This most frequently occurs when a patient has been checked into an inpatient facility because he is a danger to himself or others. The hospital is charged with monitoring him, treating him, and keeping him safe. If the hospital fails – which surely occurs if the patient actually commits suicide or seriously injures himself on the premises – the patient’s family may be able to sue the psychiatric treatment hospital.

The events that followed will shake any patient’s faith in emergency room services, says Fort Lauderdale accident attorney Alitowski. The nurse apparently notified the attending physician of Lisa’s rapidly deteriorating condition. Dr. Laurentina Kocik was on duty and she contacted Dr. Jason Strong (who is unrelated to Lisa), because Lisa’s insurance designated him as the contact physician in the event that her primary care doctor was unavailable. Dr. Kocik did not write on Lisa’s report that she had a suspected kidney stone, a move she says she regrets “a million times.” Still, Dr. Kocik insists she conveyed to Dr. Strong by telephone that Lisa likely had a serious kidney stone.

Dr. Strong agrees that the two spoke by telephone, but has no recollection of being advised that his patient had a kidney stone – or that her condition had deteriorated into septic shock. Lisa’s condition had grown dire, but he claims this information was not transmitted to him. Instead, he made a diagnosis of a gallbladder condition, which was incorrect. Dr. Strong handled the case by phone, without examining the patient, which is considered normal procedure.

The finger-pointing is common in any instance where there is likely more than one person at fault for the injuries of another. In this case, Dr. Kocik insists that she conveyed to Dr. Strong the seriousness of the patient’s illness and that she did not pass off Lisa to another on-site doctor because she “expected him to come in.” Dr. Strong says he had no reason to rush to the hospital because he was under the impression that Lisa was “reasonably stable.” Lisa waited for hours without treatment, until she had surgery which was wholly unnecessary. Doctors did not locate her kidney stone, which was causing the infection affecting her until body, until 16 hours after her arrival at the hospital.

The infection took over Lisa’s body as a result of the lost time. Eventually, her arms and legs were amputated due to the lack of care she received in the emergency room. She was in the hospital for months and racked up close to a million dollars in medical expenses. Now, she lives on disability payments, experiences chronic pain, and has difficulty with the most basic of day-to-day tasks.

When Lisa sued the doctors, the jury apparently had difficulty assigning the blame and decided that the doctors were not negligent. The judge hearing the case actually threw out the verdict, an extraordinary move, and Lisa will reappear in civil court next month.

Homeowners insurance policies may even refuse to cover households which have a dangerous dog breed, says Fort Lauderdale injury lawyer Alitowski. The Centers for Disease Control, which compiles statistics on serious dog bit injuries, reported that between 1979 and 1998, there were 238 dog bite attacks that result in a person’s death. The dogs involved varied, however: 25 different breeds of dogs were involved in the deaths. Still, certain breeds stood out. Over half of the deaths were caused by attacks by pit bulls (purebred or mixed) and Rottweilers.

Aside from pit bulls and Rottweilers, Chow Chows, boxers, Doberman retrievers, and any wolf-dog hybrid, or dog with wolf ancestry. German shepherds, which are commonly used by police, including to stop suspects fleeing on foot, are also responsible for a disproportionately high number of dog bites.

The breed of dog alone is not the only determining factor. Although certain dog breeds are responsible for a higher percentage of attacks, good socialization and training is likely to reduce risks. A dog should be trained early and learn to follow human commands. Proper socialization, including being introduced to strangers from a young age, can prevent a dog from attacking a person out of fear. It is also difficult to train a dog to act as protection or as a guard animal, yet expect it to be safe around children or even adults. Dogs are probably not able to turn on and off their working, guard dog mode, and it is far safer never to teach a dog that it is acceptable to bite or attack in any circumstance at all. Broward personal injury attorney Alitowski finds that many dogs who attack humans, even once, are unfortunately never going to be safe pets.

One way in which national original discrimination manifests itself is by the delegation of certain job tasks for specific individuals. For example, if an employer declined to allow an Aruban-American employee to perform a job task – such as deliveries – which other, similarly positioned employees performed, and did so because he did not want to pay for an accident caused by a “hot-headed Aruban driver,” the employee is experiencing discrimination on the basis of his national origin. The employee is being denied the opportunity to perform the same job functions as his peers, as well as possibly earn higher wages. National origin discrimination could also take the form of workplace harassment. If other workers or supervisors make disparaging jokes or comments about an employee’s national origin, or the origin of his or her parents, it may be discrimination on the basis of national origin. Fort Lauderdale injury attorney Alitowski believes that stereotypes about traits or another country’s culture fuel national origin discrimination.

Discrimination on the basis of key characteristics associated with national origin is common. For example, certain cultural norms, physical appearance, and linguistic characteristics are not sufficient bases for discrimination by an employer. For example, an employer should not refuse to hire a person who speaks English well simply because she dislikes his Haitian accent.

The United States is a country with a rich tradition of immigration. Even immigrant workers who are not naturalized or natural born United States citizens are protected by the national origin provisions of the Civil Rights Act of 1964. This law also prohibits discrimination on the basis of race, religion, and sex. Likewise, workers are protected from discrimination on the basis of pregnancy or ability to become pregnant and disability.

One extremely important option is settlement. Many cases settle for less than the amount the plaintiff originally sought in court documents. For instance, if Janet sues Michael for her car accident injuries in the amount of $100,000, Michael might not want to go to trial and risk incurring the verdict amount, as well as the expenditures associated with litigation. Therefore, he might offer Janet $60,000 to settle, and they could negotiate from that point, perhaps eventually arriving at $80,000. Janet benefits because she will not risk losing at trial.

Broward injury attorney Alitowski says that another important option is arbitration. Many companies, like credit cards and other financial businesses, now require customers to sign a contract agreeing to arbitration. Often, the agreement states that the arbitration ruling will be binding. In these cases, a “judge” or a panel hears both sides of the case in a setting fairly similar to a courtroom. At the end, the arbitrator or panel – often selected of a combination of experts selected by each side – renders a decision. Arbitration is frequently used for contract disputes.

Mediation is sometimes described as a guided settlement procedure. A mediator engages both parties to a lawsuit and helps them come to an agreement. This can be helpful when the parties’ relationship may be too contentious to negotiate a settlement without a third party.

Broward County injury lawyer Alitowski says that old-fashioned civil trials still happen, but less frequently. Large businesses often elect to settle claims rather than spend the time and resources going to trial. They are more likely to devote energy to that, though, if there is a need to show that the company did not engage in wrongdoing, especially if the company anticipates many more similarly situated potential plaintiffs. If one plaintiff wins, many more who suffered similar injuries are likely to file their own lawsuits.

Swimming pool accidents can kill children, especially very young children, and inflict extremely serious injuries on those who survive. New federal legislation requires that swimming pools be properly fitted with appropriate drain covers to prevent injuries to children. The state of Florida requires that homes with small children meet specific barrier requirements to prevent children from accessing the family’s swimming pool when they are not properly supervised.

If you have a pool, follow basic safety guidelines. Post a sign if the water is too shallow for diving. Always keep a medical kit and important lifesaving equipment, like flotation devices, very near to the pool. If you have children, instill in them appropriate swimming pool behavior, like limiting running around the wet edges. A child who slips and sustains an injury could fall into the pull, but be unable to remain afloat. Make sure everyone leaves the water if there is lightning in the vicinity. Additionally, pool owners should take care to keep their pool disease-free. Only babies wearing diapers specially designed for swimming should be allowed in the water. Refrain from swimming while an open wound heals. And very importantly, closely monitor the levels of chemicals in the swimming pool water, following instructions whenever using them. Store the pool chemicals in a safe, cool place which is inaccessible to children and where they will not be at risk of contact with heat, fire, or contaminants.

A swimming pool injury to you or to your children can be frightening and very expensive. If you have been injured in a pool, contact Fort Lauderdale injury lawyer Andrew Alitowski as soon as possible for legal assistance. An experienced personal injury attorney can help you obtain the insurance information for a homeowner’s pool or one belonging to a business or organization. Medical bills for an injury can be overwhelming and having an attorney provide assistance can make the process go much more smoothly. The faster an insurance company is willing to pay for medical claims, the easier the process is on the person who was injured.

The United States Coast Guard has found that education regarding safety is important for preventing boating accidents. The Coast Guard compiles annual statistics on boating accidents, which illuminate the causes and the seriousness of the problem. In 2007, the most recent year for which statistics are currently available, boating accidents caused $53 million worth of damage in the United States – an astoundingly high figure. The statistics also show that about 700 people are killed in boating accidents every year. Of those, two-thirds died of drowning. Only ten percent of the drowning victims were wearing life jackets at the time of the accident. Additionally, 75 percent of those who drowned were traveling in small boats, less than 21 feet in length.

Of those operators who had a boating accident, only 14 percent had received instruction on boating safety. The top five contributing causes of boating accidents are all preventable: operator distraction, careless or reckless boating, actions of passengers or skiers, boating at an unsafe rate of speed, and the use of alcohol. For those accidents resulting in death, alcohol usage is the highest contributing cause in 21 percent of the cases. Many boat operators are unaware of the stringent rules that they must abide by, especially those involving alcohol. Boating under the influence, or BUI, remains a serious problem in the waterways just as driving under the influence (DUI) is a public concern on the streets.

Fort Lauderdale accident lawyer Alitowski reports that there are close to 13 million vessels registered in the United States at this time. Almost one million of those are registered in the state of Florida and, when combined with the boats registered in other states but operating in Florida, there are about 1.5 million boats operating in Florida’s waters. The attorneys of Alitowski & Moore, P.A., advise all boat operators and passengers to wear life jackets, follow all boating laws, and exercise caution this Memorial Day.

Late last month, a jury in Panama City, Florida heard the case of a widow whose husband was killed by mesothelioma. Woodrow McBride was diagnosed with the cancer in September of 2005 and survived only about one year after his initial diagnosis. He and his wife, Betty, filed a personal injury lawsuit related to the cancer about one month prior to his death. Mr. McBride was 67 years old when he died.

Broward injury lawyer Alitowski says that trials like these can be extremely complicated and that a plaintiff’s attorney must take great care to explain the disease, especially the cause of the illness, to the jury in a way that the jurors can understand. In this case, the jury awarded Mrs. McBride almost a quarter million dollars for her husband’s medical expenses, as well as a total of $750,000 for both past and future pain and suffering. Mrs. McBride will not recover all of the damages, however. Gulf Power was found to be liable for more than half of the damages Betty McBride and her husband’s estate were entitled to, but they were not a named defendant in this case.

Lawsuits such as these can help a family recover financially after the wrongful death of a parent or other relative. Although no sum of money can bring back a family member, the funds can be used to ensure the financial future of those left behind, pay back debts accrued during a relative’s illness, and even finance the college education of surviving children.

Bicyclists and passengers on bikes must wear helmets if they are under 16 years of age, according to the Fort Lauderdale personal injury attorneys Alitowski & Moore, P.A. Bicycle riders must stop for red lights and obey all other traffic signals and signs. They should not ride on major highways and in some areas, they are not permitted to ride on the sidewalk – just the street. For nighttime riding, a cyclist should remember to properly equip his bike with reflective devices and lights. Additionally, the bicycle must yield to pedestrians who are crossing at a crosswalk. In general, if you are riding a bicycle on the street, remember to obey traffic laws just like if you were driving. Many cyclists forget to do so, or perhaps believe they are exempt from traffic laws. For example, a cyclist might cross at a red light because he or she does not see any oncoming traffic. This practice remains dangerous – and the cyclist could receive a citation from a local law enforcement officer. More importantly, the bicycle could be involved in an accident with a motor vehicle, which could cause serious or even fatal injuries to the cyclist.

Of course, Broward accident attorney Alitowski represents clients who have been injured inbicycle accidents. Many cyclists are injured due to the negligent driving of motorists, many of whom forget that bikes are on the road, as well, do not properly check their mirror, or are otherwise negligent in their driving. Also, a bicycle rider who is injured, but not actually hit, by a motor vehicle may be able to recover damages in some instances. For instance, if the cyclist was able to evade the motor vehicle in time – by swerving, for example, or jumping off of the bike – to avoid collision, but was nonetheless injured by the evasive action, he or she may have a valid personal injury claim against the negligent driver of the car.

Canine attacks can be terrifying for adults and children alike. They may even cause lifelong injuries, as well as a fear of “man’s best friend.” Pet owners have a responsibility to ensure that their animals do not injure other people who may come across them. Hundreds of thousands of Americans suffer serious injuries from dog bites every year, in the Fort Lauderdale area and around the nation.

According to Fort Lauderdale accident lawyer Alitowski, the state of Florida is serious about holding pet owners responsible for the actions of their animals. Under state law, a dog owner is liable for the injuries his dog inflicts in almost all cases. If the owner warns of the presence of a dangerous animal through a sign, however, then he may not be liable, unless the injured person was a young child.

Dog bites are occurring more frequently in Florida, although animal control officials are unsure why the numbers are rising. In any case, if you are bitten by a domestic or wild animal, take immediate health precautions. Because even a domesticated pet could carry rabies, it is important to report the incident to animal control authorities as soon as possible, so that they can take precautions for your safety and the safety of other people who could be affected by an animal’s poor health. Likewise, if your pet is bitten by another animal, take similar precautions.

Rabies is not always easy to detect to the naked eye, so any biting animal without sufficient veterinarian and vaccine records should be tested or kept under observation. Animals in the later stages often display odd behavior and may appear to have difficulty walking properly. Wild animals, like raccoons, may seem unusually friendly towards humans. In domesticated animals, cats are more likely to contract rabies than dogs.

Broward injury lawyer Alitowski reminds Fort Lauderdale residents to remain especially vigilant about dog bites affecting children. Children are less equipped to escape from a dangerous dog and may suffer devastating injuries if attacked. They should not be permitted to pet unfamiliar animals, who may seem friendly to a child accustomed to a family’s dog or a neighbor’s pet.