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Menampilkan postingan dari Juni, 2016

Child Pedestrian Safety Tips For Florida Residents

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Child Pedestrian Statistics The Centers for Disease Control and Prevention provides that in 2013, 4,735 pedestrians were killed [1] in traffic crashes in the United States. This averages to one crash-related pedestrian death every 2 hours.   Additionally, more than 150,000 pedestrians were treated in emergency departments for non-fatal crash-related injuries in 2013.   Pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash and one in every five children under the age of 14 who were killed in traffic crashes were pedestrians.   Safekids.org [1] provides that in 2012, approximately 19,183 child pedestrians were nonfatally injured in motor vehicle-related incidents.   Further, 78% of child pedestrian deaths occurred at non-intersection locations. Clearwater Safety Suggestions Parents want to protect their children from harm but they cannot be with their children every second of the day.   As a result...

What Is A Clearwater Intentional Tort?

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A tort [1] is an act that is committed by one person and ends up causing harm to a second person.   That harm can be in the form of a physical injury, damage to property, or both. Most torts are the result of negligence, which is oftentimes described as a careless act.   But what if the act is intentional or on purpose?   Negligent vs. Intentional Acts in Florida Whether or not a tort is intentional depends on the mindset of the person committing the act.   The difference between negligence and intent is subtle, but it is also very important.   If a defendant can prove that he or she did not intend to commit the act that caused harm, they may be able to avoid liability. Types of Clearwater Intentional Torts There are several common types of intentional torts . Fraud, misrepresentation, slander, libel and false imprisonment are all usually considered intentional torts. So, too are assault and battery and false imprisonment, and sometimes a wro...

Clearwater Product Liability Caused By Defective Medical Devices

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The term "medical device" refers to just about any device used by medical practitioners to treat a disease, illness, injury, or disability. Some examples of medical devices that have run into medical and legal problems include: •                 defibrillators [1] (small electronic devices implanted in the patient's heart that deliver electric shocks to maintain normal heart rhythm) •                 stents (tubes, sometimes drug-coated, inserted into an artery to prevent  blockage) •                 implants (synthetic devices implanted to restore function to the patient's  disabled body part, such as a hip or shoulder) •                 contraceptive devices •   ...

Is a Clearwater Hotel Liable For Guest Injuries?

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When you stay at a hotel, motel, inn, or bed and breakfast, you are usually on vacation, traveling, and expecting to have a fun, relaxing time away from home. However, if hotel or motel property owners do not sufficiently take care of their building and the surrounding area, it could lead to serious guest injuries. A hotel has a general duty to exercise reasonable care in operating its business and protecting guests.  A hotel guest is considered an "invitee" under Florida premises liability law [1] and is legally entitled to a high amount of protection.  A Florida hotel must inspect the hotel grounds and maintain the property in a reasonably safe condition.  This duty includes quickly repairing dangerous conditions and taking affirmative steps to protect guests from known or reasonably discoverable conditions. Florida Hotel Duties A hotel's premises include the hotel's airport shuttle bus, the hotel parking lot as well as inside the hotel itself. T...