President Trump nominated Circuit Court Judge Neil Gorsuch to be the next U.S. Supreme Court Justice. What could the effects be on personal injury (tort) law in the future?

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The views of Judge Neil Gorsuch, President Donald Trump’s nominee to the open seat on the United States Supreme Court, are so far falling strongly upon party lines. The Republicans are trumpeting Judge Gorsuch’s record, experience and education while the Democrats are saying that he does not have the experience needed to fill the empty seat left in the wake of Justice Antonin Scalia’s passing last February. The Democrats are also saying that the Judge is too conservative, using his briefs in the few cases he has had published as proof that he is ultra conservative and a potential threat to a number of Liberal causes, including Roe vs. Wade and universal healthcare.

 

Furthermore, the Democratic leadership in the Senate has verbalized its belief that this seat has been “stolen” by the Republicans for not allowing President Obama’s attempt to appoint Judge Merrick Garland to the U.S. Supreme Court upon Justice Scalia’s death a year ago. There is little doubt that leading Democrats will push Judge Gorsuch very hard during his vetting hearing.

 

What does all this mean for you? Not all that much – yet. Even if Judge Gorsuch is able to win the nomination through the vote in the U.S. Senate after his vetting process (no sure thing at this time), he is still in effect replacing a Judge cut from a very similar conservative cloth. So, in effect the balance of the United State Supreme Court will be the same as it was when Judge Scalia occupied that seat.

 

As we mentioned in our recent blog regarding this open Supreme Court seat before we even knew that Judge Gorsuch would be President Trump’s nominee, replacing Justice Scalia with a Judge who is similarly conservative will keep the balance between liberal and conservative judges on the Supreme Court the same as before. The real effect on that balance will come if one of the liberal Justices, such as Justice Ginsberg or Justice Kennedy, step aside or die during Donald Trump’s presidency.

 

Adding one more conservative judge to the Supreme Court in addition to Judge Gorsuch could have a significant effect on that current balance. That could cause the court to take on a much more conservative tone moving forward. That is the time we all have to watch for.

 

At Slinkman, Slinkman & Wynne P.A. we believe it is important for all Jupiter, Palm Beach Gardens, West Palm Beach, Tequesta, Stuart and all south Florida families to discuss the effect that changes in the makeup of our nation’s Supreme Court could have on future legal cases.

 

If you or someone you love have been in an accident, suffered from medical malpractice or been injured or killed from a slip and fall accident or defective product 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 a satisfactory resolution has been reached.

 

With over four decades of experience, that firm in south Florida is Slinkman, Slinkman, & Wynne. Contact us directly at (561) 686-3400, or via email at info@sswlawfl.com. We offer a free initial consultation to review your case.

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Slinkman, Slinkman & Wynne supports NHTSA enhancements to website and social media to help car owners across Florida and the entire U.S.

Recall word on a red round car or vehicle ignition button to ill

The National Highway Traffic Safety Administration (NHTSA) has made protecting automobile drivers and owners their top priority. A significant part of that effort has including updating and enhancing its website and social media to make it more user-friendly.

At Slinkman, Slinkman & Wynne, P.A. we strongly support when our government creates laws and tools that assist you, the public, over the special interests of special interest groups like the car manufacturers. In 2013 the federal government recodified the original National Traffic and Motor Vehicle Safety Act from 1966 giving the NHTSA the authority to ”issue vehicle safety standards and to require manufacturers to recall vehicles that have safety-related defects or do not meet Federal safety standards.”

In just the last 3 years, “more than 390 million cars, trucks, buses, recreational vehicles, motorcycles, and mopeds, as well as 46 million tires, 66 million pieces of motor vehicle equipment, and 42 million child safety seats have been recalled to correct safety defects,” according to the NHTSA’s most recent study published on their new “safecar.gov” website. You can find the study here: http://www-odi.nhtsa.dot.gov/recalls/recallprocess.cfm

In addition, the NHTSA’s enhanced website and social media offer consumers several ways to get information on all recalls delivered to them. Here are three easy ways the agency offers on its website:

Get Recalls Information Delivered to You

  1. Free SaferCar Mobile App for Android and Apple devices

Register your vehicles to be notified by NHTSA if a safety issue is discovered. The app also makes it simple to submit complaints to NHTSA regarding possible safety problems with your vehicles. Download Android version from google Play store | Download Apple version from the iTunes store

  1. Recalls Info on Facebook and Twitter

Follow NHTSA on Facebook and Twitter to find out about the latest recalls announced by vehicle manufacturers and child car seat makers.

  1. Sign Up to Receive E-Mail Alerts on Recalls

You can sign up to get notifications for up to 5 vehicles, as well as child car seats and tires.

To get started, just go to http://www.nhtsa.gov/Vehicle+Safety# and follow the clear instructions.

At Slinkman, Slinkman & Wynne we feel it is always good when our governments offer easy-to-use solutions for important issue such as automobile safety and recalls of defective vehicles and their parts. If a defective part on your automobile, motorcycle, boat, RV or any other vehicle may have caused you or a loved one to be injured or killed, then you may need to seek legal representation to find out your rights and if you deserve financial compensation.

Our Board Certified lawyers from Slinkman, Slinkman, & Wynne, P.A. are the right lawyers to help you understand the defective product laws, both state of Florida and federal, which may affect your case. To learn more about how we can help you in a defective product case, please go to http://www.sswlawfl.com/areas-of-practice/defective-products/.  We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred.

For more information on our firm go to http://www.sswlawfl.com or call us at (561) 686-3400. The office of Slinkman, Slinkman & Wynne practices law in Jupiter, Florida and Palm Beach County, and has been devoted to protecting South Florida families for over 40 years. We also offer a free consultation to you for your potential case.

Slinkman, Slinkman & Wynne, P.A. school driving safety tips, part 2 – dropping off children at school

School drop off - car cutting drop off line

At Slinkman, Slinkman & Wynne, P.A. we believe that if we help one person avoid a potentially dangerous situation that leads to an injury or their death. That is why we dedicate many of our blog posts and articles to sharing information that helps you and your loved ones to be safe and hopefully stay healthy. In the next several blog posts we offer “back to school driving safety tips”. Important tips to help you share the road safely with other cars, pedestrians, school buses and bicyclists.

In this post we offer tips on do’s and don’ts of what to do if you are dropping off children at school here in Jupiter, Palm Beach Gardens, West Palm Beach or anywhere else in a community where schools and/or children reside.

When you are dropping off children at school:

  • Carpool wherever possible
    • Carpooling reduces congestion and helps reduce pollution.
  • Do not drop your children off across the street from the school
    • Yes, it takes a few extra minutes to get in line and drop off in front of the school. It also saves your children from crossing a very busy, potentially dangerous street.
  • Do not double park
    • This raises congestion and causes potentially dangerous blind spots. It also raises everyone’s frustration level, just like the next point.
  • Do not cut the line
    • Every car in front of you is waiting to pick up their child just like you. The more respectful everyone is, the quicker each person moves through, picks up their child/children, and completes the process.
  • Try to stay off your mobile devices, if possible.
    • Particularly if you are moving. Children can be unpredictable, and one can come jumping out from the sidewalk or from behind a vehicle in a split second without notice. If you are distracted, if even for a moment, it can change that other person’s life, forever. And, your own.

We acknowledge using and sharing this important information with you from the National Safety Council. To read their entire article dedicated to back to school safety, please go to: http://www.nsc.org/learn/safety-knowledge/Pages/back-to-school-safety-tips-for-drivers.aspx

Unfortunately, we all know that automobile accidents in school zones and everywhere else where vehicles travel happen every day. If you or a person you care about gets injured or killed in an automobile accident or any other situation, contact us at Slinkman, Slinkman & Wynne, P.A. Or, if you have a question about any type of personal injury situation that you have not yet had answered, please call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation: our phone number is (561) 686-3400 and our email address is info@sswlawfl.com.

Accidents involving children happen. 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, Slip and Fall, Defective Products, Motorcycle accidents, Boating accidents 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. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne, where we have been devoted to protecting south Florida families for over 40 years.

Slinkman, Slinkman & Wynne safety tips: driving during school days in Florida

school bus unloading

The middle of August here in Florida means several things: the summer season weather-wise (hot and humid) is about half over, but more importantly, schools are back in full swing. Even if you do not have any children that are school-age, you know school is back in session with the significant pick up in traffic and congestion on the roadways as you try to make your way to and from work. That also means you must be significantly more careful where ever you are driving at this time of year.

Therefore, we will do a 2-part blog on driver safety during school days. This first part is a refresher of general driving safety tips for all drivers at this time of year to help keep kids, other drivers and yourself accident and injury-free during school days. In the second part we will share with you some safety tips for parents and others driving kids to and from school:

  • Plan to leave your home a few minutes earlier than you did during the summer to get to your destination.
    • Between school buses, kids walking and on bikes, and parents trying to drop off or pick up their kids, traffic congestion is significantly more than it was just two weeks ago. Adjust for that so you keep yourself from getting frustrated, angry and impatient behind the wheel.
  • Slow down and pay attention to the road AND the surrounding sidewalks
    • Even the safest of drivers can not predict a child darting out into the middle of the road apparently out of nowhere. The slower you are driving, the more time you will have to react when unexpected, potentially dangerous actions by others, particularly kids, happen.
  • Do NOT pass a bus that has its “Stop Sign” and blinkers on. Ever.
    • Of course we all have had that morning we are running late, and then we get stuck behind a school bus stopped to pick up kids… and it is taking forever. There is no one on the other side of the road, and it looks so tempting to go around the bus and continue on your way. Don’t do it. The leading cause of death among kids and teenagers is accidents/unintentional death, according to https://medlineplus.gov/ency/article/001915.htm

 

If you or a person you care about gets injured or killed in an automobile accident caused by negligent driving or you simply have a question about a potential personal injury situation that you have not yet had answered, please call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation: our phone number is (561) 686-3400 and our email address is info@sswlawfl.com.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents involving children happen. 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, Slip and Fall, Defective Products, Motorcycle accidents, Boating accidents 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. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne, where we have been devoted to protecting south Florida families for over 40 years.

Should you bring a lawsuit against the creators of “Pokemon GO” if you get hurt playing? You probably will lose – here’s why

Terms of Service Conditions Rule Policy Regulation Concept
Terms of Service Conditions Rule Policy Regulation Concept

There seems to be a new story almost daily of someone getting in a car accident or injured in some way while playing the new game Pokemon GO on their phone. The game causes people to get distracted, resulting in falls, car accidents (yes, people are playing while driving) and even muggings. But what if you are hurt while playing Pokemon GO? Can you sue the creator of the app and get a financial settlement for helping to cause your injuries?

The answer is: most likely No. Why? The answer lies within the terms of agreement that you agreed to right before you start the process of actually downloading the game app to your cellphone. Included in that rather lengthy document are terms that specifically protects the app’s creator from you suing them.

Here are the sections of the Pokemon GO “Terms of Service” that relate specifically to what you are agreeing to that limit the company’s liability in case you are injured playing the app.

  1. Safe Play
    1. You play the game at your own risk. If you get hurt or hurt someone while playing, the company is not liable. An dispute you have with any other player does not involve the company, either.
  2. Conduct, General Prohibitions and Niantic’s Enforcement Rights
    1. A lengthy section that describes in detail the many things you can do to break the service terms and be banned by the company.
  3. Links to Third Party Websites or Resources
    1. You assume responsibility and risk from using any third party websites or resources while playing the game.
  4. Termination
    1. Niantic can terminate your access to the service at any time, without notice or warning to you.
  5. Disclaimer of Warranties
    1. There is no warranty of any kind.
  6. Indemnity
    1. You hold Niantic and everyone else connected to the game harmless for anything that may happen to you while playing the game.
  7. Limitation of Liability
    1. It is not Niantic’s fault if you lose data or money as a result of playing. At most, the company limits liability up to but not exceeding $1,000.
  8. Dispute Resolution
    1. If you have issue with any of these terms you agree to an independent arbitrator to settle any dispute. You agree not to join in a class action lawsuit and you also agree to go to waive your right to have a trial by jury.

According to consumerist.com, you can opt out of the “Terms of Service” agreement by sending a message directly to Niantic within 30 days of downloading the game. Instructions on how to do so are contained within the following article: https://consumerist.com/2016/07/14/pokemon-go-strips-users-of-their-legal-rights-heres-how-to-opt-out/

But be aware of the fact that Niantic can (and probably will) terminate you from playing the game. This is a fascinating topic that brings up an important facet of the law here in Florida, and the United States. Understanding what rights you could be signing away when you agree to a “Terms of Service” contract.

If you are injured due to the negligence of another person in Florida, 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. Our main office is located in Jupiter, Florida. We have been devoted to protecting South Florida families for over 40 years.

If you want to learn more about how we can help you in a situation where someone you love has been in an accident or some other mishap caused by someone playing Pokemon GO or distracted in some other way while driving, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/wrongful-death/. 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.

Pokemon Go – a lot of fun for many, but quite dangerous for others here in Florida

Pokemon Go
California, United State, 15 July 2016 : Pokmon Go is a free-to-play location based augmented reality mobile game developed by Niantic and published by The Pokmon Company as part of the Pokmon franchise. A man driving while playing Pokemon Go indicati

Since its release 4 weeks ago, the Pokémon Go App has taken our country by storm. Downloads of the app broke records after its first week, and have continued since (according to Apple). By mid -July estimates were that the app was generating $1.6 million in revenue PER DAY, a number also sure to continue a meteoric rise. There is no doubt that Pokémon Go has been very positive (and lucrative) for everyone involved in its release.

Unfortunately, we are also seeing that there is a definitive and quickly growing downside to playing Pokémon Go. For anyone who does not already know, Pokémon Go is a free-to-play, location-based augmented reality game developed and published by Niantic for iOS and Android devices. It was initially released in selected countries, including the U.S., just last month. (https://en.wikipedia.org/wiki/Pok%C3%A9mon_Go)

Accidents, even deaths, have now been directly linked to the playing of this game. The danger is real enough that police departments across the country, including in Florida, have been issuing warning lists against playing “Pokemon Go”. The dangers include:

  • Do not use the application when you are operating a motor vehicle or bicycle
    • Distracted driving already causes thousands of accidents, injuries and deaths in our country each year. Unfortunately this app is going to only add to those numbers.
  • Do not trespass on private property when trying to “catch” a Pokemon
    • Or you will get arrested. Or worse
  • Be aware of your surroundings when walking and do not stare down at your phone not knowing hazards around you, like roadways, drop-offs, waterways, etc.
    • Stories of people breaking their ankles, legs and arms are coming in from all over the country already.
  • Use caution when sharing your location as strangers can see your location information
    • Other stories talk of people getting robbed while playing the game.
  • Travel in groups in public/well lit locations
    • Another warning of common sense. You do not want to go to certain places, particularly at night. Doing so while playing on your cellphone does not make any more sense than it does to do it for any other reason

To read this story in its entirety, go to:

http://www.techinsider.io/first-car-crash-caused-by-pokemon-go-2016-7

We will continue to share information and stories related to issues that arise from the growing craze that is the Pokemon Go App. At Slinkman, Slinkman & Wynne, P.A. we believe if we can help save one life, stop one accident, it will be more than worth it.

If you are injured in an accident because the other driver was distracted playing Pokemon Go, you may have a right to bring a claim for various damages, injuries incurred, lost wages and more. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400. Our main office is located in Jupiter, Florida. We have been devoted to protecting South Florida families for over 40 years.

If you want to learn more about how we can help you in a situation where someone you love has been in an automobile accident involving Pokemon Go or other distracted driving, 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.

Boating and Jet skiing accidents increase in Florida in 2015

Jet skiing is one of the most popular shoreline activities to do here in Florida. Flying along across the waves can be incredibly fun and exhilarating – and also quite dangerous. The uneven, rocky shoreline in many areas, combined with our notorious rip currents (currents that flow away from shore) can cause problems for even the most experienced of jet skiers in our area.

 

This now-famous video posted on YouTube captures a jet ski crash that occurred along the Newport Beach, California coastline in June. Although this happened in California, jet ski accidents like this can and do happen here in Florida, as well.

In fact, according to the Florida Fish and Wildlife Conservation Commission,  Florida had 737 boating accidents in total in 2015, which includes jet ski and wave runner accidents. That is 103 more accidents as compared to 2014, however, there was a 25 percent decrease in fatalities. A total of 55 people lost their lives last year in boating accidents.

To read the entire news release related to last year’s boating accidents from May 18th, go to http://myfwc.com/news/news-releases/2016/may/18/boating-stats/

Our Board Certified lawyers from Slinkman, Slinkman, & Wynne, P.A. are the right lawyers to get you the best legal advice based upon your unique set of circumstances when you have been involved in a boating, jet ski or wave runner accident.  We have more than 40 years of experience specializing in protecting families here in Jupiter, Palm Beach Gardens, West Palm Beach, Stuart and throughout Florida. We make sure to ask the right questions of all companies and interested parties in your case.

If you or someone you know is involved in a boating accident or almost any other marine legal issue, contact us at Slinkman, Slinkman & Wynne. We offer a free initial consultation, and we will try to help you through this very difficult and emotional time. Our phone number is (561) 686-3400. Or go to our website at http://www.sswlawfl.com.

At Slinkman, Slinkman, & Wynne, we know that boating, jet ski and wave runner accidents unfortunately happen all the time. We help our clients and their children obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. We also specialize in Slip and Fall accidents, Automobile accidents, motorcycle accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred. We represent clients anywhere in the state of Florida.