Knowing your rights in Florida from Slinkman, Slinkman & Wynne, P.A.: if you are injured by a defective product in Florida, you only have 4 years to file suit

Defective Products - kids equipment

You see them in the news every day. Injuries and death caused by defective products. The fact is, injuries from defective products occur every day in the state of Florida. Manufacturers with even the best reputations and history of producing safe products can on occasion produce a defective product that ends up hurting someone.

 

Today, maybe that person will be you or someone you love. When a person’s injury is caused directly by a defective product, it is understandable that the aggrieved person wants to be compensated by the manufacturer whose product caused their pain and suffering.

 

As with most states, the state of Florida has specific laws which govern the amount of time that an injured party has to file a lawsuit against the product’s producer. In Florida this set of laws are known as the Florida statute of limitations. Specifically, defective products are covered under section 95.11, “Limitations other than for the recovery of real property.” Part of the intent of this section is to distinguish between property damage and injury done to a person.

 

This section of the state of Florida Statutes is listed here: http://codes.findlaw.com/fl/title-viii-limitations/fl-st-sect-95-11.html

 

A person who is injured by a defective product is usually allowed to sue either the manufacturer, seller and/or designer of the product, depending upon the circumstances of the case. The important aspect of the statute of limitations to you, if you are the injured party, is that you have a time limit of 4 years from the last day it can be determined you were injured by the defective product.

 

If you wait beyond the 4 years to file a claim, your case will most likely be dismissed, even if you have a legitimate case. Therefore, it is important for you as the aggrieved party to keep track and maintain proper records of when the defective product caused your injury. And then it is important to follow through, contact an experienced, knowledgeable law firm with attorneys like the ours at Slinkman, Slinkman & Wynne, P.A. who have successfully litigated and won settlements for other people who have been injured by defective products. Do not wait until it is too late!

 

At Slinkman, Slinkman, & Wynne we know that any product may cause injury or death. We help clients obtain payment for medical bills, lost wages, and pain and suffering due to defective products. If you need to have a no-obligation with attorneys who have experience fighting for consumers who have been injured by defective products, then go to http://sswlawfl.com/areas-of-practice/defective-products/.

 

We also specialize in Accident & Serious Injury, Wrongful Death, Medical Malpractice and many other types of legal situations where injury or death has occurred. We have been devoted to protecting the rights of families in south Florida for over 40 years.

 

Whether you are in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach or any other location throughout the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will yield you maximum results, while also working with you throughout your particular situation until it is resolved. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

 

Our main office is located in south Florida in Jupiter at 1015 W. Indiantown Road, Suite 101A. You can contact us directly at (561) 686-3400, or via email at info@sswlawfl.com. Contact us today for a FREE initial consultation.

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Slinkman, Slinkman & Wynne explains: the important concept of “Comparative Fault” in Slip & Fall cases in Florida

Comparative Fault in Florida

Slip & Fall accidents are a commonplace occurrence here in Florida. At Slinkman, Slinkman & Wynne, P.A. when we first sit down with you, our perspective client, during our free consultation we try to get as clear a picture as to what happened during your Slip and Fall incident as possible. One of the most important reasons is that we start to look at the “comparative fault” involved in your incident.

 

In Florida law the statutes that pertain to Slip and Fall accidents in which an injury has occurred state clearly that more than one person or entity can be held at fault, if applicable. This is referred to as “Comparative fault”. Florida operates under what is known as a pure comparative negligence standard. This standard leads the court to assign a percentage of fault to both the defendant and the plaintiff in civil cases here in Florida. Here is how it works:

 

For example: if you are involved in a Slip and Fall accident here in Florida, and the person or entity you are trying to hold liable for the incident can prove that you are either partly to blame for the accident OR making your injuries worse, the courts here are obligated to follow this comparative fault rule. Therefore, if your damages add up to $50,000 but you are found to be 20% at fault, your compensation will be reduced by $10,000 to only $40,000 (reduction of 20% of $50,000). Be prepared for the defendant’s lawyers to raise this “Comparative fault” rule during any settlement talks.

 

If you or someone you care about gets injured in a Slip and fall accident or you simply have a question about a personal injury incident, please call us at Slinkman, Slinkman & Wynne, P.A. As mentioned earlier we offer a free initial consultation, and our phone number is (561) 686-3400, or you can fill out our easy to access and use Case Review Form at http://www.sswlawfl.com/.

 

At Slinkman, Slinkman, & Wynne, we understand that Slip and fall accidents happen all the time. If you fall because of the negligence of the property’s owner, then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how we can help you in a situation where someone you love has been in an accident, then go to this page on our website: http://sswlawfl.com/areas-of-practice/accidents-serious-injury/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Automobile Accidents, Motorcycle Accidents, Boating Accidents, Defective Products, and many other types of legal situations where injury or death has occurred.

 

Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached. At Slinkman, Slinkman, & Wynne we have been devoted to protecting south Florida families for over 40 years.

Use these tips shared by Slinkman, Slinkman & Wynne, P.A. to minimize your risks while driving

Distracted Driving graphic - April 2017

Through our blog here at Slinkman, Slinkman & Wynne, P.A. we often talk about the needless tragedies caused by people who are texting or otherwise distracted while driving their vehicles. Distracted driving is leading directly to serious injuries and death on our roadways here in Jupiter, throughout Florida and the entire United States. April is Distracted Driver Awareness Month (National Safety Council). This is the perfect time to share some valuable tips on how you can minimize the risks of driving, and keeping your attention on your vehicle and what is going on around you on the roadway.

Here are the following steps you should be taking to avoid the dangers of driving:

  • Wear your seat belt.
  • Whenever you are going to drive, try to plan ahead and leave early if possible, giving yourself extra time to get to your destination.
    • Giving yourself extra time makes you less stressed – and also one less excuse for picking up the phone and texting or calling ahead to tell someone that you are running late.
  • Be careful and extra aware in work/construction zones.
    • Here in Florida, there are currently multiple construction zones at night along most of our major highways (particularly I-95). There is big risk involved for the workers who are often close to the moving vehicles. Be extra aware and cautious when you see workers and active construction going on.
  • Do not let yourself be distracted.
    • Do not text. Do not let passengers (especially children) distract your attention. Do not let animals distract you either. Any distraction can significantly delay your response time, which can be the difference between avoiding an accident and being involved in one. Your vehicle can turn into a dangerous projectile in less than a second.
  • Have a plan for any troubles that can happen during your trip.
    • If you are not prepared for your vehicle breaking down or having a flat tire, you will be at the mercy of local towing companies and random service companies that could take advantage of you and your situation.
  • Make sure your proof of insurance is up to date and easily accessible.
  • Create for yourself safe phone useage rules while driving. And do everything you can to stick to them.
    • This might sound a bit corny – but the truth is that we have become so used to driving in our society that most of us take the very real risk of driving each time we get behind the wheel for granted. As mentioned earlier, any vehicle can turn into a dangerous, high speed projectile instantaneously. We should always be mindful of that fact.

 

This list of tips comes directly from an article recently published on the insurance industry online magazine website PropertyCasualty360.com, written by Rosalie L. Donlon.  To read this entire article go to: http://www.propertycasualty360.com/2017/04/11/minimize-your-risk-of-distracted-driving-with-thes?ref=most-popular&slreturn=1492549095

 

If you are injured in an auto accident because the other driver or you were texting or otherwise distracted, you may have a right to bring a claim for various damages and injuries incurred. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents involving cell phone usage or other momentary distractions happen all the time. If you are in an accident because of the willful negligence of another driver then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred.

 

Our main office is conveniently located in Jupiter, Florida. We have proudly served south Florida including Palm Beach Gardens, West Palm Beach, Palm Beach, Tequesta and the Treasure Coast as well as anyone in the state of Florida who needs a law firm who knows how to protect your rights, for over 40 years.

Study of NHTSA data reveals that more fatal accidents occur today than any other day during month of April

Tax day cartoon - tax day 2017

saved from yesemails.com

 

Today is income tax filing day here in Jupiter, Florida and throughout the United States. In other words, most people’s least favorite day of the year. An interesting study which looked at data compiled by the National Highway Traffic Safety Administration (NHTSA) gave us all another reason to not like tax day – more fatal automobile accidents occur on this day than any other day during the entire month of April.

 

The study, conducted and published by researchers at the University of Toronto, found that over a 30 year span, the “car accident death rate” was in fact 6% higher on tax day over any other April day. Several experts quoted in an April 30, 2015 article published in The Legal Examiner (a Central Pennsylvania Legal Newsletter) offered four reasons why the fatal accident rate goes up on this day:

  1. There are more motorists on the road on tax day than on the average day in April.
  2. More drivers are forced to drive off of their “regular route” to get to the post office or their accountant’s office to get their taxes filed on time on this day.
  3. More drivers driving “recklessly” to get to the post office to meet today’s deadline.
  4. More drivers are driving distracted due to the stress caused by having to file their taxes today.

To read this entire article, go to: http://central-pennsylvania.legalexaminer.com/automobile-accidents/study-suggests-car-accidents-increase-on-tax-day/

 

Whatever the reasons are, today is statistically the most dangerous day to be driving out on the roads of Florida, and practically everywhere else in America.

 

If you are injured in an auto accident because the other driver was distracted by the stress of tax day, or they were texting while driving, or by any form of distraction including drugs or alcohol, you may have the right to bring a claim for various damages, injuries incurred and all other incidental costs you incur. Contact us at Slinkman, Slinkman & Wynne, P.A. and find out all of your options from the law firm that has been protecting the rights of south Florida families for over 40 years!

 

We offer a free initial consultation. Our phone number is (561) 686-3400. For additional information go to our website at http://www.sswlawfl.com.

 

At Slinkman, Slinkman, & Wynne, we know that motor vehicle accidents are happening at an increased rate. If you are in an accident because of the willful negligence of another driver then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

 

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, Motorcycle Accidents, Boating Accidents and many other types of legal situations where injury or death has occurred. Our main offices are located in Jupiter, Florida and we have tried and successfully won cases for our clients throughout Palm Beach, Broward, Miami-Dade, Martin, St. Lucie counties and many other places throughout the state of Florida.

 

And a piece of advice: be extra safe driving out there today – and every day. Your life is worth saving.

Annual Easter Egg Hunt taking place this Saturday at Jupiter Community Park

2017 Annual Easter Egg hunt - 04122017

This week marks the holy weeks for both our Christian and Jewish communities. Passover has already begun (it started Monday after sundown, and it goes until next Tuesday, April 18th) while this Friday is Good Friday and Sunday is Easter.

The arrival of Easter also means that the town of Jupiter’s popular annual Easter Egg Hunt is upon us. This year the event is this coming Saturday, April 15th starting at 9:30 a.m. and going until 12 noon. As has been the case the last few years the event is being held at Jupiter Community Park, located at 3377 Church Street.

Picture from previous Easter Egg Hunt - 04122017

To learn more about this festive event that is fun for the whole family, show up at the Park Saturday morning with a basket (the event is B.Y.O.B. – Bring Your Own Basket), go to http://www.southfloridafinds.com/event/fl/palm-beach/jupiter/jupiter-egg-hunt.html or call the Facilities office directly at (561) 743-0647.

From Slinkman, Slinkman & Wynne, P.A. we want to wish all of you in our Jewish community a Happy Passover, and those of you in our Christian community a Happy Easter.

For more information about our law firm go to http://www.sswlawfl.com or call us directly at (561) 686-3400. We are personal injury attorneys who have been devoted to protecting the rights of south Florida families for over 40 years.

Also used in the compilation of this article: https://www.jupiter.fl.us/647/Easter-Egg-Hunt

 

The Frye vs. Daubert standards – and why they are important to you as a citizen of Florida, and the United States

In our most recent article we discussed the recent ruling by Florida’s Supreme Court to halt the enactment of a state statute enacted in 2013 that would have required much more stringent standards for admission of expert medical testimony in medical malpractice lawsuits. Politicians and attorneys alike are familiar with both legal standards that are being pitted against one another in this legal battle – the older Frye Standard versus the newer and more stringent (and therefore more defendant-friendly) Daubert Standard. But most of the general public are not.

 

Here is a quick synopsis of each standard, and where they originated from:

 

According to Wikipedia, the Frye standard: “To meet the Frye standard, scientific evidence presented to the court must be interpreted by the court as “generally accepted” by a meaningful segment of the associated scientific community. This applies to procedures, principles or techniques that may be presented in the proceedings of a court case.” The case this test comes from, Frye v. United States, was originally tried in 1923. https://en.wikipedia.org/wiki/Frye_standard

 

From that point forward the Frye standard became the widely-used and cited case law for the admissibility of evidence in civil court, particularly medical malpractice cases. Until 1993, that is.

 

In 1993, a ruling in the case of Daubert v. Merrill Dow Pharmaceuticals held that “the Federal Rules of Evidence did not incorporate the Frye “general acceptance” test as a basis for assessing the admissibility of scientific expert testimony, but a flexible reliability and relevancy standard instead,”  https://en.wikipedia.org/wiki/Daubert_standard

 

What does this mean to the average American? Using the Daubert standard over the last two decades has given judges more latitude to rule some expert testimony inadmissible before that testimony is seen by the jury. According to a 2002 RAND study cited in the Wikipedia article, “post Daubert, the percentage of expert testimony by scientists that was excluded from the courtroom significantly rose. This rise likely contributed to a doubling in successful motions for summary judgment in which 90% were against plaintiffs.[16] Beyond this study, there is little empirical evidence of the impact of Daubert. However, some critics argue that Daubert has disrupted the balance between plaintiffs and defendants.”

 

Florida was, in fact, one of the last states to have its Legislature try to adopt the Daubert Standard through statute enactment. As we previously noted, the state currently has a Republican majority in its Legislature, a Republican Governor (Rick Scott) and a Democrat-leaning Supreme Court. And since the ruling in February by the Supreme Court was not definitive, expect this tug-of-war to continue in our state government and others moving forward.

At Slinkman, Slinkman & Wynne, P.A. we will keep an eye on this and all other legislation that could affect you and your family if you are ever faced with having to sue for medical malpractice, defective products, or practically any other personal injury situation where either you or a loved one has suffered a wrongful death or serious injury.  We have been practicing personal injury law in south Florida for over 40 years.

For more information or for a free initial consultation, contact us at http://www.sswlawfl.com or at (561) 686-3400.

Daubert standard rejection for Medical Malpractice cases makes for key future case law in upcoming trials in Florida

Florida Supreme Court Building

The Florida Supreme Court issued an important ruling recently that looks to be turning back scientific evidence admission standards in civil lawsuits to an older, more plaintiff-friendly requirement.

 

In its 4-2 ruling last month, the state’s highest court cited “grave constitutional concerns” as raised by the Florida Bar’s code and rules of evidence committee regarding the more stringent expert testimony admission rules under the Daubert standard that were put in place by the Florida Legislature on July 1, 2013 and endorsed by Governor Rick Scott.

 

The more lenient standard is known as the Frye standard, named after a case in 1923 (Frye v. United States) that was ruled upon by the Court of Appeals of the District of Columbia. The ruling in that case was then adopted throughout the United States and used for the next 70 years. The move to the more stringent Daubert standard happened in 1993 when the U.S. Supreme Court ruled upon the admissibility of expert testimony in the case of Daubert v. Merrell Dow Pharmaceuticals.

 

Currently Republicans hold a majority in the state Legislature and Governor Scott is a Republican, as well. Meanwhile there are 4 Liberal and 3 Conservative leaning judges on the Florida Supreme Court. In this case all 4 Liberal judges voted against the 2013 statute, while 2 of the 3 Conservative judges voted for it while 1 obstained.

 

As was pointed out in several other articles on this ruling, the move by Florida’s Supreme Court here does not definitively resolve the issue. In fact, the court left open the question, to be decided by a “proper case or controversy.” – meaning that it will be decided by a ruling in a future case.

 

At Slinkman, Slinkman, & Wynne, P.A., we know that these types of rulings have a substantial effect on future medical malpractice and other personal injury civil lawsuit cases. We help clients obtain payment for medical bills, lost wages, and pain and suffering due to medical malpractice. If you want to learn more about how to go about hiring the right attorneys for you in a situation where you have been injured by a defective product, then go to http://sswlawfl.com/areas-of-practice/medical-malpractice/. We also specialize in Accident & Serious Injury, Wrongful Death, Defective Products and many other types of legal situations where injury or death has occurred.

 

Whether you are in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach or any other location throughout the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will yield you maximum results, while also working with you throughout your particular situation until it is resolved. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

 

Our main office is located in south Florida in Jupiter at 1015 W. Indiantown Road, Suite 101A. You can contact us directly at (561) 686-3400, or via email at info@sswlawfl.com. Contact us today for a FREE initial consultation.

 

The following articles were used to help in the writing of this article:

http://www.mscesq.com/wp-content/uploads/sites/317/2017/02/sc16-181.pdf

http://www.hptylaw.com/media-publications-florida-supreme-court-rejects-daubert-statute.html

https://blog.expertpages.com/research-trends/florida-supreme-court-rejects-daubert-rule.htm

http://floridapolitics.com/archives/232254-supreme-court-rejects-daubert

http://www.dailybusinessreview.com/id=1202780342439/Florida-May-Be-Reverting-to-Frye-Standard-for-Admissibility-of-Expert-Testimony?slreturn=20170229213337

http://www.jdsupra.com/legalnews/florida-supreme-court-rejects-daubert-64301/