South Florida Injury Lawyer Blog

Hurt at a Music Festival or Other Public Event

Published on: January 10, 2022 | Anthony Quackenbush, Esq.

The deadly events at the Travis Scott concert on November 5, 2021, at Astroworld in Houston, have shone a glaring light on some of the dangers of attending a crowded public event. One would think that venues that frequently hold large events would have safety protocols in place to prevent tragedies, but unfortunately, that is not always the case. By taking a look at what went wrong in this event, you may be able to keep yourself safer when attending large venues with massive crowds. If you have ever been injured at a public event, you may be able to receive compensation for your suffering.

Duty of care

In a personal injury case, you need to demonstrate that a person or business owed you a “duty of care” and that the person or business was negligent in that duty. In other words, the venue had a duty to take serious precautions, with appropriate procedures and safety standards in place, and to make sure those procedures and safety standards are enforced and followed. Negligence means that the venue either did not have these precautions in place, or they were not followed.

When Your Rental Property Isn’t Safe

Published on: December 6, 2021 | Anthony Quackenbush, Esq.

Florida Habitability Laws clearly delineate the responsibilities of landlords to provide safe, habitable living environments. The laws list what landlords are responsible for maintaining and repairing in their rental property. The laws also provide for tenant options when the landlord does not make repairs in a timely manner.

The types of housing that are covered by the habitability laws are single-family and multi-family homes, as well as mobile home parks and condos (if a renter is occupying the unit). The habitability laws do not specifically address RV parks. Hotels/motels and fraternities/sororities/clubs are not included under the habitability laws.

Landlord responsibilities

How Product Recalls Work and Why You Need to Be Vigilant

Published on: November 23, 2021 | Anthony Quackenbush, Esq.

Product recalls occur when a manufacturer, government entity, or consumer watchdog group discovers a defect or potential defect in a product or food, leading to a request that consumers return the product (or sometimes, in the case of food, discard it). Depending on the item being recalled, consumers may receive a refund, replacement, or repair. The Consumer Public Safety Commission (CPSC) is one of the regulatory bodies that oversee product safety, but it is not the only one. The Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) also regulate safety standards for food and pharmaceutical products.

Automobile and auto parts recalls

One of the biggest recalls in recent years was the 2019-2020 recall of Takata airbags, which were discovered to be at risk of explosion when exposed to high heat and humidity. This is a very scary and dangerous malfunction!

Florida and Car Accidents – What to Know, How to Be Safe, How to Get Help

Published on: October 15, 2021 | Anthony Quackenbush, Esq.

Florida is one of the most beautiful states in the nation. It is also one of the most favored for retirement and is the most visited by tourists. As a life-long Floridian, I’m proud of our state and encourage visitors and retirees to enjoy our beauty and our many attractions. But the downside of all of this activity is an increase in car accidents. Therefore, Florida residents and visitors need to take extra precautions to stay safe on the road, and they need to remember to take certain actions if an accident does occur.

Causes of car accidents in Florida

Four of the five most dangerous highways in the nation are in Florida, with Route 1 being the most dangerous highway in the United States. This is a dubious honor, to say the least. But what causes our roads to be so dangerous? The reasons are varied and include both human error and the roads themselves:

Recovering from Hurricane Ida – Insurance Claim Denied?

Published on: October 12, 2021 | Anthony Quackenbush, Esq.

Here in Florida, we are frequently hit hard by hurricanes. If your home suffered damage in a hurricane – like the recent Hurricane Ida that did so much damage – but your claim was denied, don’t panic. Insurance companies often deny claims initially. Sometimes the denial is legitimate, and sometimes it’s an honest mistake. Sometimes it’s the insurance company’s attempt to save money. Regardless, we can help you understand the reasons for the denial and then plan to change the decision if the denial was improper.

Often, repairing hurricane damage to a home or car can’t wait. It needs to be addressed immediately – which means you will be seeking reimbursement from your insurance company. Receiving a denial of your claim and not receiving the funds you expected or receiving much less than it cost to do the repairs can be very discouraging, but it might not be the end of the road for you. You may be able to contest the denial.

An important word of caution: While it is always best to contact your insurance company before making any repairs, sometimes they need to be made immediately. If this is the case, before you make any repairs, and possibly even before you move anything or clean anything, take pictures or videos of the damage and store them in a safe place. This evidence will be critical in supporting your claim, especially if the damage requires you to make quick repairs.

Safety at Your Apartment or Condo Building

Published on: September 22, 2021 | Anthony Quackenbush, Esq.

There are many excellent apartment and condo buildings available here in the greater Fort Lauderdale area that make this region a wonderful place to live, work, and enjoy the many attractions in our great state of Florida. But as tenants or condo owners, you should be vigilant to make sure your building is safe.

An ounce of prevention…

Before purchasing a condo or moving into an apartment, look very closely at not only the unit but at all common areas. Do they look clean, well-lit, and well-maintained? How is the security system? What fire prevention systems are in place – sprinklers, fire alarms, etc.? This should also include a walk through the basement checking for cracks in the foundation and water damage which could indicate problems and neglect.

Responsibilities of the Condominium Association Board and Your Rights

Published on: September 20, 2021 | Anthony Quackenbush, Esq.

The recent tragedy in Surfside has shed light on safety issues in condo buildings in Florida. With so many injured and allegations that the condominium association board was aware of the problems, many are asking “why didn’t they fix the problems?” Unfortunately, most condominium association boards are composed of volunteers, and their responsibilities vary from organizing social events and dealing with parking problems to handling complaints and addressing safety issues. These volunteer boards usually do not have the expertise or manpower to handle technical details related to cracks in the foundation of the building or financing options. And so, much like the Surfside condominium situation, problems sometimes not only sit but get worse when not properly handled.

Condominium Owner Associations (COA) are governed by bylaws, which list the duties and responsibilities of the association to its owner-members. While details of bylaws may change from one organization to another, they are all likely to include certain elements, as listed below.

COA Responsibilities

Condominium Association Failures – Know Your Rights

Published on: September 3, 2021 | Anthony Quackenbush, Esq.

The collapse of the Champlain Towers South condominium in Surfside, Florida was a terrible tragedy that could have been avoided. We now know that the condominium association had received an assessment in 2020 indicating serious structural damage and that the association was planning to make much-needed improvements. Sadly, time ran out. Recently, a Miami-Dade judge approved the sale of the property in order to provide sufficient funds to pay for the many lawsuits and insurance claims from the survivors and the families of those who were not so lucky.

The condominium association is responsible for overseeing the management of the building, collecting fees and managing expenses, ensuring sufficient insurance coverage, and making repairs to common elements. Condo owners are responsible for ensuring and maintaining their own units, as is any homeowner.

Negligence to the degree that caused the tragic collapse of Champlain Towers South is very rare, but injuries caused by negligence in condominiums are common. If you have been injured in a condominium, you have the right to receive compensation.

Benzene Exposure in Sunscreen: Know Your Rights

Published on: September 1, 2021 | Anthony Quackenbush, Esq.

Here in Florida, the Sunshine State, people use a lot of sunscreen. We are told that it protects us from the harmful rays of the sun, but recent research suggests that the sunscreen itself might be harming us. This summer the FDA has announced that it will be closely studying the negative effects of sunscreen. In early 2021, an independent pharmaceutical testing lab, Valisure, tested 294 batches of sunscreen and other sun products and found that 78 of the batches contained benzene. The FDA is now investigating the presence of additional carcinogens.

What is benzene?

Benzene is a known carcinogen that causes cells to malfunction in ways that can cause immunity issues, and long-term exposure to it has been linked to leukemia. It is produced naturally in crude oil and gasoline, forest fires and volcanic eruptions, and cigarette smoke. It is also used extensively in the manufacturing of plastics and synthetics and is found in lubricants, dyes, detergents, drugs, and pesticides. Research into benzene several decades ago led the federal government in 1987 to limit benzene exposure in the workplace, adopting standards 50 times lower than previous standards. But some medical experts believe the exposure limits are still too high.

Injuries at Amusement Parks, Water Parks, and Resorts in Florida

Published on: August 9, 2021 | Anthony Quackenbush, Esq.

Florida is one of the most visited vacation destinations in the world. With numerous amusement parks, water parks, clubs, and beaches, not to mention NASA and the Daytona Racetrack, there are more reasons to visit Florida than almost anywhere in the world. Most of these destinations do their best to keep their property safe, but accidents can happen. We hope you are never injured when you are visiting Florida, but if you are, be sure to get immediate medical attention, inform a person of authority at the accident location (the manager on duty), document and take pictures of everything, and get names of witnesses and statements if possible.

Hopefully, you will recover without incident. If your injuries are severe or long-term and you believe someone else’s negligence contributed to your injury, you might be entitled to compensation under Florida law. In order for you to receive compensation, the following conditions must be met:

a third party had a duty to exercise reasonable care