Recently in Premises Liability Category

1 Dead, 7 Durvive Sinking Boat Off Islamorada, Florida Keys

December 19, 2011 by Brian Y. Silber


A woman died yesterday after drowning in a sinking dive boat off Islamorada, Florida Keys yesterday. The commercial dive boat named "Get Wet" started taking on water near the Molasses Reef, while two passengers were trapped in the hull.Florida Injury Lawyer.jpg

The woman who died was one of those passengers. The other passenger, a 28 year old man, was hospitalized but is expected to survive.

As an injury lawyer, I wonder what the man's injuries were. Hopefully he has not suffered any brain injury from a lack of oxygen. That would be almost as horrible as being killed.

Cases like these are referred to as drownings and "near drownings." When someone is killed, it is considered a drowning. When someone survives, but is left with injury, it is considered a "near drowning."

I really feel bad for the victims in this case and for the other survivors who had to endure this traumatic experience. I can't even imagine how frightful the whole thing must have been.

Here you are, in the beautiful Florida Keys, looking to enjoy one of natures great wonders, and your boat sinks. But thats not all... people are trapped in the hull.

A comprehensive investigation into this matter is needed to figure out what the cause of this terrible accident was. From my perspective as an injury lawyer, there are three basic questions that need to be asked and answered.

First, what was the cause of the ship taking on water? Second, what caused the two passengers to become trapped in the hull? Third, what steps, if any, were taken to render aid to the trapped individuals?

Said bluntly, the dive boat may be held accountable for what happened.

As an injury lawyer I can tell you that all those waivers they make you sign before taking a dive trip mean absolutely NOTHING.

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Rebecca Hawk Killed by Carbon Monoxide in Tampa, Florida

September 13, 2011 by Brian Y. Silber


Rebecca Hawk, 23, was killed in Tampa, Florida from carbon monoxide poisoning earlier this month. According to news reports, the carbon monoxide poisoning occurred when another resident in her apartment building left his car running for an extended period of time. It appears as though the fumes built up and silently killed her.Injury Lawyer Fort Lauderdale.jpg

Aside from Rebecca Hawk, the carbon monoxide poisoned two other people, causing serious injuries to one and light headedness to the other.

As an injury attorney, my perspective is one of a legal nature. My job is to identify the people who are responsible for this terrible accident and hold them accountable.

To build a successful case against those responsible, an injury lawyer must bring together three main elements in every case. First, the injury attorney must be able to prove that a person or other entity has acted negligently. This can be done by proving they did something wrong or failed to do something right.

Second, an injury lawyer has to prove that the victim party sustained a quantifiable injury. Clearly, instances of death or serious bodily injury are the most quantifiable. Such injuries can include monetary losses for medical bills, lost wages, future earnings and lost financial support for dependents. A victim or his/her heirs may also collect for pain and suffering as well as punitive damges (in some cases).Carbon Monoxide Poisoning Attorney.jpeg

Now, even if an injury lawyer can clearly prove that someone acted with negligence causing another to sustain quantifiable injury, the case will be worthless unless the offending party is collectible.

This leads me to the third element: collectibility.

In order to tie the whole case together, injury attorneys will look for insurance policies as well as assets.

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Anna Layne Shot in Lauderdale Lakes, Florida Nightclub Shooting

June 30, 2011 by Brian Y. Silber


Anna Layne, 49, was shot in a Lauderdale Lakes, Florida nightclub at approximately 3:20 a.m. last night. Anna Layne is presently in critical condition at a local hospital and her prognosis is presently unknown. Hopefully she is surrounded by family members and loved ones who care.

Also injured were: Dwight Jones, 52; Ayana Murray, 20; Knott, 31; Josephine Grant, 32; Marlon Dinnall, 21; Mervyn Francis, 51; Vincent Robinson, 62; Varinda Lallharry, 24; and Shameila Wright, 19. Fortunately, these people do not have life threatening injuries.Thumbnail image for Injury Lawyer Fort Lauderdale.jpg

This case is a horrific example of what happens when an over crowded nightclub fails to provide its patrons with adequate security and sufficient emergency exits.

As an injury lawyer, I can tell you some serious questions need to be asked and some hard answers had better be given. This case is serious and I bet it could have been prevented.

According to news reports, a man named Vishna Beepot, 26, got into an argument with another person named Junior Lodge, 35. The cause of the argument is unknown, but I am sure it had to do with someone's bruised ego or a fight over a woman.

Either way, Vishna Beepot pulled out a gun.

In response, a nightclub security guard pulled out his gun and ordered Vishna Beepot to drop his weapon. The mechanics of what happened next are still unclear, but Beepot and the security guard opened fire.

It is important to keep in mind that this was a packed nightclub full or party going patrons.

After the gunfire stopped, Junior Lodge lay dead. Vishna Beepot died shortly thereafter at a local hospital.

From an injury lawyer's perspective, Anna Layne and the other innocent bystanders may have a very strong case against the nightclub for negligent security.

This means they may be entitled to financial compensation for their injuries, including pain and suffering.

For this reason, it would be very beneficial for those affected to contact an injury lawyer immediately. Building a case the right way takes a lot of time and effort. Starting work as soon as possible after the incident in question is VERY helpful.

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Jessica Harris Falls to Death at Roxy's Pub in West Palm Beach, Florida

December 20, 2010 by Brian Y. Silber


Jessica Harris has been named as the woman who fell to her death last night at Roxy's Pub in West Palm Beach, Florida. This entry is being written as an update based on information that just came in.

Jessica Harris was a 39 year old home health assistant and single mother of two young girls, ages 8 and 10. According to her coworkers, Jessica was a happy, bubbly woman and they are absolutely shocked by her death.

However, according to eye witness Aaron Alexander, Jessica just leapt off the roof after having an argument with her boyfriend. Alexander claims that Jessica's fall "Was not an accident at all." This explanation didn't jive well with her coworkers because Jessica had told them that she was single and did not have a boyfriend.

While Alexander may have seen Jessica Harris jump off the roof, the idea that she acted like a crazy person just doesn't seem to jive with the other evidence in this case.

While I wonder if Aaron Alexander is connected to this woman's death in some way other than as an eye witness, I also suspect that there was another intervening cause that lead her to jump, if that is in fact what happened.

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Woman Suffers Fatal Fall at Nightclub in West Palm Beach, Florida

December 20, 2010 by Brian Y. Silber


A woman fell to her death late last night as she partied at Sky309, the rooftop area of Roxy's pub located in West Palm Beach, Florida. The name of the woman has not yet been released. It is also unclear what exactly happened that lead to her fall.

According to news reports, eye witnesses claim to have heard the woman say something like "Look what I can do..." just before falling. At first thought, one might think she was referring to flying, but the truth is she could have been referring to a dance move, balancing on one foot, or some other goofy thing.

The bottom line is that this case presents an instance of premises liability for the night club. Even if the woman was drinking and was heavily intoxicated, the night club is responsible for maintaining the premises in a safe and secure manner.

This is especially so since the nightclub is fully aware that patrons would be present on its rooftop in a heavily intoxicated state from the alcohol it served them.

The woman's name will likely be released once her next of kin have been identified.

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