The Occupational Health and Safety Act (OSHA) provides safety standards and guidelines for construction sites. The statute does not, however, provide a private cause of action for an injured party. Rather, someone injured on a construction site may have a claim for general negligence if the owner violates the standard of care. Violation of an OSHA provision is evidence of negligence.

If you or someone you know is injured at a construction site, it is important to protect the injured party’s rights and secure evidence of any violations. The attorneys at Lesser, Lesser, Landy and Smith will let you know if you have a case and will protect your rights.

ATV accidents happen too often and can have devastating effects.  The U.S. Consumer Product Safety Commission (CPSC) compiles an Annual Report of ATV-Related Deaths and Injuries. Nationally, in 2008, the CPSC report indicates that there were 410 ATV related deaths and more than 135,000 ATV related injuries. In Florida alone, between 2006 and 2008, there were 106 reported deaths from ATV-related accidents.  The CPSC report states that nationally, from 1982 through 2008, there were 2,588 ATV-related fatalities of children under 16.  In Florida alone, there were 97 deaths of children under the age of 16 between 1982 and 2005.  These are sobering statistics.

If you or someone you know was injured by an ATV, you should contact Lesser, Lesser, Landy & Smith, PLLC as soon as possible after the accident.  Additionally, do not allow anyone to drive the vehicle or tamper with it.  You should maintain the ATV in the condition that it was in immediately after the accident.  If a death is involved, make sure that the authorities impound the ATV while the investigation is pending.  If it is your vehicle or it is in your possession, do not make any alterations or repairs to the ATV.  If possible, keep the ATV in a secure place like a garage or shed so that it is not exposed to the elements.  Take photographs of the ATV and the location where the accident occurred.  This will help our investigation and will capture the conditions of the vehicle and location while your memory is still fresh.  We will have our experts inspect the ATV.  Finally, it is also very important to gather all documents relating to the ATV including the owner’s manual, invoice or purchase documents, and any correspondence or other documents received from the manufacturer, dealer or seller.    Always remember that ATVs are inherently dangerous machines whose operation can result in serious or fatal injuries.  Safety precautions should be taken before you or someone you know begins to operate an ATV.  There are ATV safety programs and classes that everyone should take before operating an ATV for the first time.  An ounce of prevention is worth a pound of cure.

By their very nature carnivals, and therefore their employees, are transient. As a result, oftentimes carnivals employ workers with “issues”. In the cases we have handled, we have discovered children’s rides which were operated by workers with criminal histories, substance abuse histories, and both. Similar individuals may be responsible for the setup and “safe operation” of the rides. According to the National Consumer Product Safety Commission, an estimated 7,000 people are treated in emergency rooms each year for injuries they sustained in amusement park rides. Unfortunately, most fair patrons are not privy to this information. These issues are further complicated by the fact that the rides are routinely disassembled, moved, and re-assembled, thereby increasing the opportunity for a safety error to occur.

As an educated consumer, there are certain affirmative measures you can take to attempt to ensure that your day at the fair remains fun. First, check the carnival operator’s accident history. In Florida, the Bureau of Fair Rides Inspection is responsible for inspecting amusement rides at temporary events (fairs, carnivals, and festivals) as well as permanent amusement parks for structural and operation integrity. Traveling amusement companies are required to be inspected each time they set up. The Bureau also investigates accidents involving amusement ride patrons and investigates when those rides may be unsafe for use. The Bureau may be contacted at (850) 488-9790.

Once you arrive at the carnival, inspect the park. If it is not well maintained, it may be an accurate reflection of how well-maintained the rides are. Assess the appearance of the ride. If it is rusty, poorly lit, or malfunctioning, it may be wise to take a pass. It is equally important to assess the conduct of the ride operator. First and foremost, make sure they are simply aware of their surroundings. If he looks like he is out of it, he probably is. While in line, see how the ride operator conducts himself. Is he paying careful attention to the ride and the patrons? Is he making certain that the safety rules are being followed? Is he operating more than one ride at a time?

Following these basic suggestions will help decrease your risk of danger. Stay safe, stay smart, and enjoy the ride!

Florida law recognizes that absolute safety can never be guaranteed. Florida law simply requires that if a particular crime is foreseeable – based on prior crime in the area – and is also preventable, reasonable steps must be employed to protect customers. This is only fair. Businesses invite customers to shop with them and certainly profit when they do. The safety of customers should be a top priority for Florida businesses. 

If you, a friend or a loved one was injured by a criminal attack on business premises, it is important that you contact an experienced attorney at Lesser, Lesser, Landy & Smith as soon as possible. The attorneys at Lesser, Lesser, Landy & Smith understand that it may be vitally important to launch an immediate investigation that involves preservation of possible surveillance video on the premises, interviews of witnesses, and gathering of important physical evidence that can be time sensitive. If evidence is destroyed, discarded, lost or altered, your case may be jeopardized.

The lawyers at Lesser, Lesser, Landy & Smith have successfully handled numerous negligent security cases. We have the experience and resources available to preserve the evidence, guide you through the process of initiating a claim, and effectively present your case to a jury, if need be.

“Spinal cord injuries” are not limited to paraplegia and quadriplegia.  Much more common are disk injuries in the spine that interfere with the spinal cord but do not result in paralysis.  Such injuries are very common following motor vehicle collisions.  Left untreated, they can worsen over time and can make the victim susceptible to paralysis in the event of another trauma.  Stated simply, there is no such thing as a “routine” spinal cord injury.  Lesser, Lesser, Landy & Smith has the ability, reputation, resources, and compassion to properly handle all types of spinal cord injury cases.

A cruise ship is responsible for the safe transportation of her passengers between the ship and the port-of-call.  A cruise ship may not escape liability for injuries that occur when a passenger is being transported from the ship to the port, even if the cruise ship hires an independent company to provide transportation.  Florida Courts have held that a cruise line’s duty to provide passenger with safe transportation, under adequate supervision, to and from ship to shore is not delegable.  The boat ride, or “tender,” to shore is not considered an excursion, but rather transportation.

So what happens when a passenger is safely transported to shore but suffers an injury in port or while participating in an excursion?  Under general maritime law, all cruise lines owe cruise ship passengers a duty of exercising reasonable care under the  circumstances.  What is considered reasonable under the circumstances varies depending upon the facts of each incident and the knowledge of the respective parties.

For example, a cruise ship operator that had no ownership interest in a “dune buggie” excursion was not liable for injuries sustained by passengers who rented the dune buggies on shore and had an accident.  The cruise ship operator had no duty to warn the passengers that the dune buggy could be involved in an accident because the risks of such were obvious.

A cruise ship operator may be held liable, however, where cruise ship passengers are attacked while in port.  The duty of the cruise ship does not end at the point of debarkation and embarkation.  The cruise ship has a duty to warn of dangers known to the carrier in places “where the passenger is invited or may reasonably be expected to visit.”  This duty does not apply if the only purpose of the ship (or “carrier”) is to transport passengers from one point to another.

Cruise ship passengers who suffer injuries must be aware of the disclaimers of liability contained in the ticket or “contract of carriage.”  Cruise ship operators may limit their potential liability in some instances but not others.  Maritime law has specific considerations and time limitations in which to bring a suit.  Therefore, it is imperative for anyone injured while taking a cruise, whether on or off the ship, to contact an attorney familiar with maritime law and principles as soon as possible. 

We all would like to think that product manufacturers put safety before profits.  Unfortunately, the numerous cases we have handled over the years have taught us that nothing could be further from the truth.  All too often, corporate greed overrides any concerns regarding safety.  The civil trial system provides the general public with a way in which to right a wrong, as well as to prevent others from being harmed in the future.

Most product liability cases involve three types of claims: manufacturing defect, design defect, and failure to warn.  A manufacturing defect occurs when the product you purchase is made differently than the rest of the same items made by the defendant because something went wrong during the manufacturing process.  For instance, a car manufacturer may ship 20,000 vehicles, and only a handful have a defective steering issue.  This may be due to shoddy workmanship by a line assembly person.  This would constitute a manufacturing defect.

A design defect occurs where the design of the product itself is inherently dangerous and, therefore, all of the products are dangerous.  These type of cases would include a vehicle’s design which causes it to be unnecessarily prone to roll-over accidents; a hip implant device prone to failure with typical use; a cell phone battery which explodes when it is used for an extended period; or a power tool that did not have an appropriate safety guard. 

Finally, a failure to warn case involves products that have hidden dangers which should be disclosed to consumers.  This protects consumers from manufacturers who are aware of dangers associated with the use of their products but choose to hide those risks.  A manufacturer may be liable for failure to warn even if the product was properly designed and manufactured.  Common failure to warn cases include medications, certain foods, dietary supplements, and tobacco products.

If a defective product causes harm, the manufacturer should be held accountable.  In doing so, the victim may be compensated for his damages and, hopefully, future consumers will be protected from suffering the same fate.

In 2000 the Legislature passed the Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act which mandated specific rules relating to the design and construction of residential pools.  These rules do not apply to public swimming pools.

The Legislature was rightfully concerned that drowning is the leading cause of death of young children in Florida, and is also a significant cause of death for the elderly.  The law was enacted to try and reduce these tragic incidents.  The Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act requires all new residential swimming pools, spas, and hot tubs to be equipped with at least one of the following pool safety features:

• 4-foot-tall barrier surrounding the entire pool
• Approved pool cover
• All pool entrance points to the pool area must have self-closing and self-locking devices
• Every door and window in a home with direct access to the pool is required to have an alarm

Nearly one out of every 4 of the state’s residential pools has been built after the Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act took effect, and, therefore, must include the above safeguards. The Act represents a significant step forward with respect to swimming pool safety.

Lesser, Lesser, Landy & Smith cares about safety. We have the ability and resources to hold those who do not, accountable.

The debate over the importance of the right to a jury trial began as a constitutional discussion over the rights of the individual versus the rights of the sovereign.  Tyranny was always a concern of the Founding Fathers and political philosophers of the age.  In 1789, Thomas Jefferson wrote: “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”  The right to trial was created to protect the individual citizen from the strength and power of the government and to prevent potential influence upon the judiciary by special interests.  In protecting individuals, the right to jury trial protects all of the citizenry. 

The Sixth Amendment of the U.S. Constitution reads: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense .” While the right to a jury trial is guaranteed by the United States Constitution in criminal prosecutions, in Florida, the right to trial by jury in most civil cases is guaranteed by the Florida Constitution.  Article I, Section 22 of the Florida Constitution reads: “The right of trial by jury shall be secure to all and remain inviolate.  The qualifications and number of jurors, not fewer than six, shall be fixed by law.”

The importance of preserving our right to trial by jury cannot be overstated.  The jury is one of the last available ways to participate directly in our democracy.  When we receive our jury summons in the mail, many of us bemoan the fact that hours, days or weeks may be taken up by serving on a jury.  However, by serving on a jury, we are upholding and ensuring that our right to a trial by jury of our peers remains intact as envisioned by the Founding Fathers more than two hundred years ago. What better way to exercise our individual right to participate in democracy and to keep a check on “tyranny,” corporate influence and government abuse of power.

Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.