Archive for the ‘Blog’ Category

Who is Responsible for Injuries that Occurred on a Sunset Cruise in Florida?

Monday, October 18th, 2021

At MLG Injury, our boat accident attorneys in Florida know that our state’s extensive waterways and access to both the Atlantic Ocean and the Gulf of Mexico lend themselves to spectacular sunset cruises for residents, guests, and tourists alike. To accommodate these special trips, there are thousands of charter services to assist in providing social media-worthy posts of the sun going down across the water.

In fact, a simple Google search for “sunset cruises in Florida” nets, according to the search engine, “About 19,900,000 results in 0.73 seconds.”

With so many options to choose from and innumerable companies that put safety first, others may not be as conscientious about who they hire, how well they maintain their boats, or their captain’s and/or crew’s behavior while they are on the water.

Unfortunately, any time negligence is a factor on any boat, people can get hurt or even killed.

Who is Liable for a Charter Boat Accident with Injuries in Florida?

Our Florida personal injury lawyers investigate each injury case we represent with the knowledge, skill, and experience necessary to pursue results for each of our client’s unique needs.

In some cases that means there may be more than one party that is responsible for the boat collision, onboard accident, or another incident that led to our clients getting hurt.

That may include:

  • Boat Operators

It is the Florida boat captain’s responsibility to ensure the boat is running properly, outfitted with the necessary life jackets and safety gear, does not exceed the maximum occupancy, and that all laws and safety protocols are followed when they are guiding guests on our waterways.

Common boat operator negligence may include, but is not limited to:

  • Colliding with objects or other vessels
  • Distracted or careless operation
  • Excessive speed
  • Failing to appoint a proper lookout
  • Lack of lifejackets and/or safety gear
  • Navigational errors
  • Obstructed vision
  • Operating a vessel under the influence of drugs or alcohol
  • Overloading the vessel
  • Running aground
  • Sharp turns

If the boat captain or crew is responsible for your boat accident and injuries, their employer — if he, she, or they do not own the boat may also be responsible for the crash.

  • Boat Owners and/or Charter Companies

Boat owners and charter companies often hire captains and crew to take people on Florida sunset tours for a fee.

When the boat owners or the clearinghouse that provides the support staff for boat owners fail to run background checks on their employees, neglect to verify their experience and credentials, avoid managing their employees to ensure they are providing the proper safety speeches, and are refraining from unsafe or illegal behavior, they too may be held liable for collisions, accidents, and injuries that occur.

  • Boat Manufacturers

Design and manufacturing defects can cause boat accidents that are out of everyone on board’s control, but that lead to severe injuries or even death on our Florida waterways.

Each of these potentially liable parties will be investigated by our experienced boat accident attorneys in Florida, so no detail is left to chance while we pursue your personal injury claim for the best outcome available for your unique circumstances.

Have You Been Injured in a Boat Crash or Onboard Accident in Florida?

If you have been injured on a boat in Florida even if you know the boat’s owner contact our experienced Florida personal injury lawyers at MLG Injury to schedule a free consultation today by calling 888-904-2524.

We will outline your complete injury needs and pursue the negligent party that caused your harm, so you can move forward with your recovery with confidence.

Who is Liable for Slip and Fall Injuries that Occur on a Florida Construction Site?

Monday, October 11th, 2021

At MLG Injury, our Florida personal injury lawyers know that hazards that lead to slips and falls are some of the most common causes of injuries on construction sites throughout the state and the rest of the nation.

The more complicated issue is proving who is liable for the accident and resulting injuries, so you can pursue financial recovery for your medical care, lost wages, and additional expenses caused by the incident’s occurrence.

We can help outline the potentially negligent parties who are liable for your recovery, but we must be able to answer a few questions first, including your role in the project, or if you were simply passing by a construction site and were hurt by an open hazard.

Let’s get started.

How Can We Determine Who is Liable for My Construction Accident Injuries?

When determining who is liable for a Florida construction site accident, our personal injury laws require us to consider several factors, including:

  • Where the accident occurred on the construction site
  • Conditions at the construction site at the time of the accident
  • Whether management was present at the time of the accident
  • Whether there was any equipment involved in the accident, and if it was being used correctly

Once we determine the facts of your slip and fall injuries, we will determine whether the negligent party is an employer or another third party, which will dictate the type of financial recovery options we can pursue.

Who are the Common Parties Responsible For Construction Site Accidents in Florida?

If you are an employee on the construction site and were injured in the scope of your employment, you may be limited to pursuing compensation through workers’ compensation.

Since there are so many moving parts to a construction project, there are multiple parties onsite throughout each day, including multiple third parties that are not responsible for our injured client’s employment.

If an accident with injuries was caused by a third party, we may seek compensation in addition to workers’ compensation benefits.

Common parties that are responsible for construction site accidents may include, but are not limited to:

  • Safety Managers
  • Construction Site Foremen And Managers
  • Construction Site Owners
  • Contractors
  • Subcontractors
  • Architects
  • Engineers
  • Manufacturers and suppliers of the materials, machinery, and equipment

If you have no connection to the construction site and were injured by hazards that affect public safety while passing by, we will review the circumstances of your accident to ensure we pursue each potentially liable party under our Florida premises liability and construction site and safety laws.

Contact Our Personal Injury Attorney At MLG Injury Law Firm

If you have been injured in a slip and fall accident on a construction site, contact our experienced Florida personal injury lawyers at MLG Injury to schedule a free consultation today by calling 888-904-2524.

We will outline your complete injury needs and pursue the negligent party that caused your harm, so you can move forward with your recovery with confidence.

Is it Illegal for Businesses to Block Security Exits in Florida?

Monday, October 4th, 2021

At MLG Injury, our Florida personal injury lawyers know that one of the first things our residents see on all types of business doors inside and out is a version of the phrase, “This door must remain unlocked during business hours.”

The Occupational Safety and Health Administration (OSHA) has specific requirements for exit doors to maximize employee, guest, and patron safety in case of crises that can occur without notice, including fires, hazardous material events, terrorism, or natural disasters.

Normally, a workplace must have at least two exit routes to permit prompt evacuation of the premise’s occupants during an emergency.

The exact number, however, is dictated by the size of the building, workplace arrangement, and the number of employees and occupants the space holds.

No matter the number required, there are maintenance and safeguard requirements in place to ensure a safe emergency exit by all occupants.

What are the OSHA Exit Standards and Requirements for Florida Businesses?

Our state building codes and OSHA states all Florida businesses must comply with their standards and requirements for clearly marked, unblocked exits which includes ensuring:

  • Exit signs are installed and read in plainly legible letters.
  • Exit routes are unobstructed by materials, equipment, locked doors, or dead-end corridors.
  • Lighting for exit routes is adequate for employees with normal vision.
  • Exit route doors are free of decorations or signs that obscure their visibility.
  • Safeguards designed to protect employees during an emergency remain in good working order.
  • Exit routes are free of explosive or highly flammable furnishings and other decorations.
  • Exit routes are not placed in high-hazard areas unless the path is effectively shielded.
  • The direction of travel to the nearest exit access is easily indicated and the line-of-sight to an exit sign is always visible.
  • Doors or passages along an exit are labeled clearly, including closets or stairwells, so they cannot be mistaken for an exit.
  • Exit routes are maintained during construction, repairs, or alterations.

If you have been injured because of an obstructed exit in a Florida business, contact our skilled Florida personal injury lawyers for a free case evaluation today.

Contact Our Florida Personal Injury Lawyers at MLG Injury For a Free Consultation Today

If you have been injured because of dangerous conditions caused by blocked exits, contact our experienced Florida personal injury lawyers at MLG Injury to schedule a free consultation today by calling 888-904-2524.

We will outline your complete injury needs and pursue the negligent party that caused your harm, so you can move forward with your recovery with confidence.

Workers’ Compensation Claim in Florida

Monday, September 27th, 2021

At MLG Injury, our workers’ compensation attorneys in Florida know that specific employer coverage requirements are based on the type of industry, number of employees, and entity organization, but all are required to provide workers’ compensation insurance for their employees.

That means, when employees are hurt at work, they should be protected by Florida’s Workers’ Compensation Laws, which provides coverage for medical bills, lost wages, and other important expenses when they cannot work due to their injuries.

Unfortunately, not all Florida workers’ compensation claims are approved for payment, which can lead to our residents paying for these ever-increasing costs out of pocket.

If your workers’ compensation claim is denied, it is not necessarily the final word on your case.

We can help determine the reason your claim was denied and file an appeal on your behalf to remedy the initial ruling, so you can focus on your recovery without financial worry.

What are the Most Common Reasons Workers’ Compensation Claims Denied in Florida?

Workers’ compensation claims are complex, simply because they involve insurance company approvals to proceed. Like all insurance companies, your employer’s workers’ compensation coverage provider is not going to write a blank check for your recovery needs.

Instead, they will do everything they can to undervalue your injuries and compensation needs or deny the claim outright.

The most common reasons for workers’ compensation claim denials in Florida include, but are not limited to:

  • Incomplete application
  • Missed filing deadline
  • The injured person did not pursue medical treatment
  • The medical provider was not on the certified list of providers
  • Discrepancies between the documented injuries and accident report
  • The injury did not happen at work
  • The employer disputes the claim
  • The injury is not severe enough to require the payment of benefits

If you received a workers’ compensation denial, we will help you pursue the outcome of the benefit you deserve through a formal appeal.

What Should I Do if My Florida Workers’ Compensation Claim is Denied?

If your Florida workers’ compensation claim is denied, you will receive a letter outlining why the insurance company believes you are not eligible for benefits.

In some cases, the employer’s insurance company may deny the claim because of something as simple as a typo or other minor error in your paperwork that can be easily corrected.

Other times, the true reason for the denial may be masked in insurance or legal terms that do not make much sense.

If you have already determined that your Florida workers’ compensation claim was not denied because of a filing or clerical error, things are going to become increasingly complicated during a formal appeal.

Our aggressive Florida workers’ compensation attorneys can help ensure your appeal is viewed with the proper consideration, so you are not left paying for your medical expenses and time away from work out of pocket.

Contact Our Experienced Workers’ Compensation Lawyers in Florida for a Free Case Evaluation Today

If you have been injured at work and were denied workers’ compensation benefits, you do not have to face the Office of the Judges of Compensation Claims and appeal process alone. Contact our experienced Florida workers’ compensation attorneys at MLG Injury to schedule a free consultation today by calling 888-904-2524 to ensure your claim is taken seriously.

Should I Pursue the Person Who Hurt Me or the Florida Property Owner for Lacking Security?

Monday, September 20th, 2021

At MLG Injury, our negligent security attorneys in Florida know that bad things happen to good people all the time, and when our residents become a victim of a crime like an attack or robbery, pursuing the criminal may not be the best way to reach the compensation they need for their injuries.

In scary situations like these, the perpetrator can be incredibly difficult to find unless they are apprehended immediately. Even then, financial restitution can be hard to come by.

When the harmful event was caused by negligent security, which means the property owner or person in control of the premises lacked adequate measures to prevent the crime, they may be held liable for the injured person’s financial recovery needs, including medical costs, lost wages, and emotional distress.

Our Florida personal injury lawyers will walk you through the legal process that allows you to pursue their property owner’s commercial liability insurance, so you can be compensated for your injuries and losses.

What are the Necessary Elements to Pursue a Negligent Security Claim in Florida?

To pursue a negligent security claim in Florida, the injured person must first show he or she was lawfully on the premises when the incident occurred.

Next, they must prove the premises lacked adequate security measures, which could include poor lighting or professional security guards.

Then they must prove the property owner reasonably foresaw the criminal activity would or could occur.

Finally, they must prove they suffered harm as a result.

How Can a Property Owner Foresee a Crime Would Take Place?

In most cases, a property owner does not have a duty to stop the criminal behavior of a third person.

However, when the property owner can anticipate criminal activity, based on previous and similar events that occurred, they may be liable for the injured person’s recovery.

For example, if the owner of a retail center or those who were harmed has experienced and reported attacks, thefts, break-ins, and other crimes on their properties and continued to do nothing about the lack of adequate lighting that contributed to them, they may be deemed liable to have reasonably foreseen other robberies, assaults, or attacks would take place in the same area.

At MLG Injury, our skilled negligent security attorneys in Florida will review your case and investigate any prior instances of crime on the property through previous police reports, insurance claims, and even the retailer’s social media posts describing the incidents to help pursue the outcome you deserve and ensure this does not continue to others going forward.

Contact Our Experienced Negligent Security Attorneys in Florida for a Free Case Evaluation Today

If you have been injured during the commission of a crime on private, public, or government property, contact our experienced Florida negligent security lawyers at MLG Injury to schedule a free consultation today by calling (786) 206-8807.

We can help you determine who is liable for your injuries and complete financial recovery, so you can take the time you need to heal.

 

 

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