Florida Personal Injury Lawyer Blog

It’s a sad fact of life that in the business world, many times the wealthy, powerful individuals and/or corporations try to take advantage of basic, hardworking people and push them out of the way in business transactions to save themselves some money when possible. Such is the case here.

The two victims in this commission entitlement case are real estate brokers who have been involved in the real estate business in Palm Beach County since the early and mid-70’s, initially as salespersons and then subsequently as brokers. One of the principals involved is a very wealthy landowner who owned five sections of land (approximately 4,000 acres) free and clear between the Florida Turnpike and Okeechobee Boulevard. One of these real estate brokers had been working on selling this gentleman’s properties for years. He had an open listing to do so and had brought many offers to the owner on various sections over the years, including the property involved in this case.

This broker spoke with a second broker about the availability of these properties. This second broker felt that a large corporation she dealt with might be interested in some or all of the properties and sent correspondence that introduced the corporation to these properties.

Multiple meetings were held between the corporation and the second broker with the knowledge and permission of the landowner. These meetings took place over a three month period and it soon evolved that the corporation became interested in portions of the property.

During the next month, there were many discussions between this second broker, the large corporation and the landowner, culminating in the corporation issuing a letter to the broker instructing her to make an initial proposal regarding portions this property. As instructed, the broker brought this initial proposal to the landowner from the corporation.

As discussion continued between the broker, the corporation and the landowner, the landowner could determine that the deal was starting to heat up because the corporation had committed itself in writing on it’s stationery making this preliminary offer. At this point, he demanded, as owner, that he carry on the negotiations directly with the corporation and that the brokers take a passive role. The brokers were “frozen out”.

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Statistics show that burns rank second as the leading cause of death in children, age 0 to 5. Children are the major concerns for scald or hot water burns due to the fact that children have not fully developed the thickness of their skin. Therefore, they burn faster than adults. According to these same statistics, an average of 300 burn cases per year is reported for children due to high temperature water. Half of the incidents reported of scald burns are due to the unattended hot water used on children.

The victim in this Florida premises liability case was only two years old at the time of this incident. Her mother was working and she was being cared for by her father. At her age, she was still undergoing toilet training, so when she told her father she needed to go to the bathroom, she was unable to wait and made a mess. In order to clean the child and the bathroom, her father removed her clothes and placed her in the shower, after adjusting the temperature to lukewarm. The father reported that the child was gently crying in the shower as he cleaned the bathroom and went out back to throw away the remains of the mess. While he was out back, he heard the little girl make a loud scream. He ran into the bathroom where he found her in a steamy bathroom running in place under the water. He immediately called 911, and rescue personnel airlifted the child first to Delray Community Hospital and later to Jackson Memorial Hospital Burn Unit.

The child remained at the Burn Unit at Jackson Memorial Hospital for several months. She had severe burns over 1/3 of her body surface and needed numerous procedures for the debridement of her burns. Eventually she underwent surgery at the Shriners Burn Center in Ohio. After surgery and weeks of healing, she was fitted with a special mask and suit to wear to hopefully prevent the development of keloid scars from the burns.

The parents of this child contacted Attorney Richard D. Schuler for assistance in this matter. Mr. Schuler conducted an extensive investigation into the cause of this horrific incident and brought suit against not only the owner of the apartment complex, but also the manufacturer of the water heater and the contractor who performed the renovations to the apartment complex and installed the water heater. Several experts were retained regarding the code violations on the property, the inherently dangerous propensities and inadequate size of the particular water heater, and inadequate safety measures taken by the landlord to prevent any tampering with the water heater, among others.

Mr. Schuler was successful in settling with all defendants, without the necessity of a trial, for more than $2 million dollars, which will go a long way toward helping this child on her road to recovery from these devastating injuries.

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Posted In: Premises Liability Litigation

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Closed head injuries can occur from automobile accidents, work related accidents, sports related accidents or falls. These injuries result from a trauma in which the brain is injured as a result of a blow to the head or a sudden, violent motion that causes the brain to knock against the skull.

A closed head injury differs from an open head injury, since no object actually penetrates the brain. A diffuse closed head injury can affect the cells and tissues throughout the brain or, if the damage occurs in one area, it is a focal closed head injury.

Individual circumstances dictate the degree and rate of recovery. Physicians state that good indicators of long term recovery would be the amount of time spent unconscious or in a coma, as well as how much normal functioning is recovered within the first month after the injury.

The victim in this Florida motorcycle accident was 22 years old and single. He was self-employed and worked as a tile setter, but had just passed his independent contractor’s examination and would have been qualified as a licensed general contractor. One of his passions was competitive motorcycle racing at a local track. In fact, the afternoon of the accident, he was test driving a custom built racing/competition type motorcycle, after having tuned it up earlier that afternoon.

While traveling southbound on a two lane road in Lake Worth, Florida, the victim encountered a slow moving pickup truck, also headed southbound. Apparently, the victim attempted to pass the pickup truck on the left when suddenly, without prior signal, the pickup truck attempted a left turn, right into the victim on the motorcycle.

The driver of the pickup truck had met a friend while drinking at a bar earlier that afternoon and had agreed to pick the man up for a party later that day. He had never been to this man’s home before and was searching for the street the man lived on. The other driver stated he never saw the victim until his helmeted head was inside the driver’s side of his truck’s cab.

This victim suffered a severe closed head injury and was comatose after the accident. In fact, his helmet had to be cut off of his head. The possibility of extensive brain damage and dysfunction was certainly a very strong possibility, and of course his parents were very distraught.

Continue reading "Truck Collides with Motorcycle in Lake Worth, Florida, Causing Severe Closed Head Injury" »

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Posted In: Motorcycle Accidents

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Making a decision to place your loved one in a nursing home is a very difficult decision, and the fact that there is such widespread abuse and neglect in nursing homes makes it even more difficult. It is a sad fact that abuse and neglect of the elderly happens every day and it can be either physical, emotional, or simply negligence.

Nursing homes are big business and very profitable. Total nursing home revenues have topped 55 billion dollars. Some nursing homes are privately owned, or non-profit charity-related organizations. Many of these homes are also managed by management companies for profit. It is important to ask who operates the facilities you are interested in. Nursing homes are regulated by the federal government and managed by individual states to assure that they provide adequate care and activities for their residents.

More families are currently having to rely on nursing homes and assisted living facilities to care for their family members and loved ones than ever before. It is hard to imagine that, rather than receiving the care we expect, those we love and cherish are abused or neglected in these facilities. Unfortunately, this type of horrific treatment does occur, and many elderly residents suffer in silence.

Abuse can come in many forms – verbal, physical or sexual. This abuse can be difficult to detect, especially in homes where abuse has become the norm and workers turn the other way and don’t report problems. These elderly victims are frequently unable to communicate about the ways they are abused. Many times, the victims may not even understand themselves what is happening. Family members need to be especially vigilant and look for the signs when they visit. If you suspect nursing home abuse or neglect, some of the solutions are:

• Visit frequently and vary your visits to different times of the day and week to enable you to assess the care provided at all times.

• Talk to nurses, aides, the doctor, the Director of Nurses, Social Worker and the Administrator about your concerns.

• Find out who the state licensing agency is from your nursing home. In each state there is a division of the Department of Health that deals with oversight of nursing homes and enforcement of the nursing home rules and regulations. This agency investigates complaints filed by family members and conducts yearly surveys of each nursing home.

• You can and should file a complaint with state Licensing and Certification if you believe the nursing home resident is a victim of abuse or neglect by the nursing home.

The signs of abuse range from physical signs like broken bones and bruises, to noticeable changes in a victim’s mood or behavior. It is easier to spot physical abuse, but often times, this is blamed on a fall or claimed to be the fault of the victim. It is important to note the body language of your loved one. If you observe cowering, flinching or wide-eyed looks from a victim, it could indicate that there is some form of abuse going on.

If you suspect that your loved one has been the victim of nursing home abuse or neglect, don’t delay calling the law firm of Schuler, Halvorson and Weisser, P.A. to discuss this matter with one of our experienced, knowledgeable attorneys. As always, there is never a fee unless we make a recovery on your behalf.

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Posted In: Nursing Home Litigation

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Spending many hours on the road each day is a fact of life for most people, and the statistics for motor vehicle accidents is alarming. If you have a multiple car accident, it is often times very difficult to determine liability. In these cases, a thorough investigation of the accident scene is very important.

In this Florida automobile accident case, the victim was a 45 year old single woman who was in good health, had a job that provided her with a good salary, and was enjoying life. Unfortunately, the victim was rear-ended by three different vehicles while stopped. These impacts were so severe that the victim suffered severe injuries and required two major surgeries.

Not only did the victim require two surgeries on her spine, but the surgeries caused additional problems and the victim was left with a screw in her vocal cord area. She was informed that if the screw migrated, she could die. No physician would agree to do her follow-up surgery to correct the problem and, in fact, a prominent orthopedic surgeon in the Palm Beach County area stated that he does not think anything can be done to help her. The victim is still attempting to locate a physician that will give her the care and treatment she needs.

This victim accumulated over $410,000.00 in medical expenses, and sustained almost as much in lost wages as a result of this accident. Of course, she will continue to lose wages in the future, since she will not be able to return to work. She was approved for Social Security Disability, which will take some of the emotional and financial strain off of her. However, she will still need surgery in the future, if she is able to find a physician who will help her.

The victim in this case sought the help of the law firm of Schuler, Halvorson and Weisser in this matter. Attorneys Steven W. Halvorson and J. Freddy Rhoads agreed to represent her in her pursuit of a case against the tortfeasors and the insurance company that provided uninsured/underinsured motorist coverage to the victim. The attorneys were successful in obtaining a settlement in this case that will assure that the victim will be able to get the care and treatment she will need in the future.

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Any time you get behind the wheel in Florida, you face the very real possibility of being involved in a traffic accident, even if you are a very careful and responsible driver. According to the most recent statistics, in 2008 there were approximately 665 crashes per day in the State of Florida.

The victim in this Florida truck accident case was a very intelligent, hard working 21 year old on his way to work early one morning in Royal Palm Beach. He was traveling westbound on Belvedere Road in the center lane when a truck suddenly pulled out in front of him from a side road. The victim could not swerve to the right because there was a vehicle next to him, so he tried to swerve to the left, but could not avoid rear-ending the truck.

According to the police report, the driver of the truck immediately left the scene and then he abandoned his vehicle at a gas station where several other vehicles belonging to the same company were parked. The police found his vehicle running and he was gone, but they were able to identify him from papers contained in the vehicle.

The victim’s vehicle was demolished and deemed a total loss. As a result of this accident, the victim suffered neck and low back injuries and was experiencing very severe headaches, which the physicians described as migraines. After being treated by a chiropractor, an orthopedic physician and a neurosurgeon, this victim was diagnosed with a herniated disc and all of his physicians found that this accident caused his injuries. Ultimately, surgery was performed to repair the herniated disc and the victim’s migraine headaches improved considerably also.

The past medical bills for this victim amount to more than $39,000.00 and he has more medical treatment facing him in the future. His neurosurgeon states that future surgery is a medical certainty for a fusion, probably two, given his age. The cost for a fusion is approximately $80,000.00, so if he needs two, then he is looking at a minimum of $160,000.00 for future care.

This victim contacted the offices of Schuler, Halvorson and Weisser, P.A. for assistance in this matter. Attorney William D. Zoeller was successful in the trial of this matter and received a verdict of approximately $300,000.00. Now this young victim will have peace of mind and will have some money put away for any future medical care he may need.

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Slip and fall cases are based on a claim that the property owner was negligent in allowing some dangerous condition to exist that caused the victim to slip or trip and can result in serious debilitating injuries for the victims.

Such was the case for the 38 year old victim in this Florida premises liability case as she was shopping at her local Walmart. When she was walking out of the ice cream aisle she encountered a large amount of water on the floor, which caused her to slip and fall extremely hard to the floor. She landed on her tailbone and her head whipped backwards. In fact, the fall happened so quickly that she also knocked her cart down on top of her. After she was on the floor, the victim noticed for the first time that there was water on the floor which appeared to have been leaking from a nearby freezer. The victim testified that there were no warning/wet floor signs or cones anywhere in the area.

Immediately after her fall, a manager came upon the scene and was extremely upset with an employee who was nearby and was overhead to say “I told you to clean that up”. So, apparently, Walmart knew there was water on the floor and failed to act responsibly for the safety of their customers. Customers in stores should not have to watch the floor for the possibility of water or any other substance that might cause them to slip and fall.

The victim in this case sustained a severely bruised tailbone, injuries to her neck and back and was suffering from head/concussion type injuries, which produced severe migraine headaches. She initially treated with a chiropractor who sent her for MRIs of both the cervical and lumbar spine. Unfortunately, these MRIs revealed substantial damage to both the cervical and lumbar spine and the chiropractor referred this victim to a local neurosurgeon for a complete neurosurgical evaluation. The neurosurgeon noted that the victim had radiating pain from her lower back into her left leg and had significant painful low back symptomatology. He diagnosed possible left lumbar radiculopathy, disc displacement at L4-5 and lumbago. He further recommended nerve conduction studies of the lumbar spine and referred her to a physiatrist for further testing. Unfortunately, the EMG/NCS studies revealed a paravertebral spasm which the physiatrist opined was suggestive of nerve root irritation.

Due to persistent low back symptoms and positive findings on the extensive tests, this victim underwent a surgical procedure which included a posterolateral extrapedicular intradisc decompression. After undergoing post-surgical therapy, the neurosurgeon confirmed a 12% total whole body permanent impairment rating based upon the American Medical Association Guidelines, and confirmed that her future medical bills would include a lifetime conservative cost of $25,000.00 for diagnostic testing, medications, physical therapy and doctor visits. Furthermore, he confirmed that she may require further surgical intervention of her lumbar spine should her condition worsen.

Continue reading "Slip and Fall at Walmart in West Palm Beach, Florida Results in Permanent Damage" »

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Due to the numerous requests from potential clients, the law firm of Schuler, Halvorson & Weisser, P.A. will now be handling additional areas of mass tort litigation. For several decades, our attorneys have handled such complex issues as:

• Breast Implant Litigation
• Vioxx Litigation
• Medical Devices Litigation (i.e., Pacemaker/Wire Lead, etc.)
• Dioxin/2,4-D/2,4,5-T (Agent Orange)
• Knee Prosthesis Litigation
• Fen-Phen Litigation
• Tobacco Litigation

The additional areas that will be added will be as follows:

• Fentanyl Pain Patch Litigation – An extremely strong opioid pain medication which is 100 times stronger than morphine. There have been numerous reports of overdose with this strong narcotic pain killer. Some of the signs of overdosing include: trouble breathing, dizziness or weakness, lightheadedness, fatigue, seizures, confusion and loss of consciousness.

• ReglanTardive Dyskinesia Litigation – Prescribed for gastroesophageal reflux disease (GERD), this drug has never been approved by the FDA for use on a long term basis (more than 12 weeks). Current studies indicate that many patients have experienced tardive dyskinesia which includes symptoms of repetitive, involuntary movements of their arms and legs, lip smacking and other mouth and lip movements, rapid blinking, or diminished movement of their fingers.

• Yaz/Yasmin Litigation – An oral contraceptive that has become a top-selling brand manufactured by Bayer. This drug has been linked to reports of deep vein thrombosis, hypertension, pulmonary embolism, myocardial infarction, heart attack, stroke and even death.

• Suzuki GSX-R1000 Motorcycle Litigation – Suzuki issued a voluntary recall for all of its model year 2005 and 2006 Suzuki GSX-R1000 motorycles, due to the potential for serious injury or death. Suzuki stated that an extraordinary safety defect in these models had been causing breakage and cracking in the front wheel/for assembly and behind and below the steering neck of the motorcycle.

• Rhino All Terrain Vehicle Litigation – This is a utility all terrain vehicle manufactured by Yamaha. Because of its high center of gravity, narrow wheelbase and tires too small for a vehicle of its size, it is prone to rollovers. It has caused extensive injuries and even fatalities due to its unstable design and tendency to rollover while turning.

If you or a loved one have been injured by any of the above listed products, please contact the firm of Schuler, Halvorson and Weisser, P.A. to schedule a consultation with one of our experienced and dedicated attorneys. Of course, there will be no charge to you unless a recovery is made on your behalf.

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Posted In: Toxic Torts

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The holidays should be a joyful time, but on this particular Christmas Eve, the victim in this Florida auto accident case had been to a Christmas party with friends. On the way home, he was one of three passengers riding with his friend in the front of his friend’s pick-up truck. Unfortunately, since there were only three seat belts and four people in the front seat, no one had their seat belts on.

It was a dark night, and the winding road was wet with poor lighting. The driver of the truck lost control, the truck began spinning and flipped. The driver and our victim were ejected from the truck. Our victim was in tremendous pain and had serious trouble breathing and was taken to a trauma center in West Palm Beach, Florida by helicopter. The EMS crew reported that there was extensive damage to the front passenger compartment of the pick-up truck.

Upon physical exam by the trauma surgeon, the victim had a tender, very rigged abdomen. Based on that fact, it was felt that he had life-threatening injuries, and he was taken urgently to the operating room for an exploratory laparotomy so the surgeon could look into the abdomen to identify his injuries.

The victim received an incision from the bottom of his chest bone to just above his pubic bone. During the operation, it was noted that he had blood free in the abdomen, which meant that some organ was bleeding. The surgeon found that his spleen was seriously damaged and bleeding profusely and had to be removed. There was also a laceration to his liver, which was actively bleeding, and the bleeding had to be stopped by electrocautery. Since the spleen had to be removed, the patient now has an increased chance of infection. Post-op, he was on a ventilator, pain management and wound care and remained in a coma for 12 days.

A few days after being released from the hospital, he returned complaining of nausea, vomiting and the inability to eat. He was found to have an infection and had to have a second operation to disinfect the wound.

Continue reading "21 Year Old Suffers Severe Injuries in Martin County, Florida " »

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According to the Florida Department of Highway and Motor Vehicle Safety, in the year 2007, there were approximately 256,206 traffic crashes on Florida’s roadways. Resulting from these crashes were approximately 212,149 injuries and a reported 3,221 traffic fatalities.

These statistics don’t really mean much until you consider the personal stories contained in each of these accidents.

Our clients in this Florida automobile accident case were a 52 year old mother and her 17 year old son. In this instance, the son was driving and the mother was the front seat passenger. Our clients were traveling eastbound on Northlake Boulevard when another driver in a pick-up truck failed to stop and yield the right of way while traveling northbound on an intersecting roadway. The other vehicle entered the intersection and plowed into the passenger side of our clients’ vehicle. The impact was so severe it pushed the victims’ vehicle across the westbound lanes of traffic and onto the shoulder of Northlake Boulevard approximately 100 feet northeast of the initial impact. The resulting damage to the victims’ vehicle was so great that it was ultimately deemed a total loss.

The young son who was the driver was transported via ambulance to the emergency room at St. Mary’s Hospital with an open laceration to his scalp. This wound required several metallic staples to close and has left a permanent and unsightly scar on his head. His mother unfortunately sustained a horrific open compound fracture to her right arm that her son was forced to witness. As to be expected, this has left a negative and lasting impression on the young man.

The mother was transported to the emergency room at St. Mary’s Hospital via Trauma Hawk. She sustained severe injuries to her right arm which included a combined Montegia fracture, a dislocation of the elbow, and a mid-shaft radius and ulna fracture. Upon her arrival at the emergency room she was evaluated and immediately transferred to the operating room where she underwent extensive surgical procedures.

This family sought the assistance of Attorney Richard D. Schuler, who did an in depth investigation into the cause of this accident and filed suit against the driver of the pick-up truck and, since he was working at the time of this accident, he also sued his employer, one of the sugar corporations in Palm Beach County, Florida.

Unfortunately, the mother in this case sustained a permanent injury and permanent dysfunction as a result of this accident. Her treating orthopedic surgeon assigned a 33% permanent impairment to the body as a whole. According to her physician, she continues to suffer from “severe loss of rotation at the elbow and wrist with almost no functional supination and significant loss of extension at the elbow.” Further, her physician stated that she has suffered one of the most severe fracture dislocations and combined forearm
fractures that one can have. In addition to the aforementioned problems, she is left with severe permanent scaring to her right forearm due to the open fractures and invasive surgical procedures.

Mr. Schuler was successful in settling this case without the necessity of a trial for several hundred thousand dollars for this mother and son.

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A toxic tort is a special type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical caused the plaintiff's injury or disease.

Our victim in this toxic tort case is a devoted husband and loving father who really enjoyed working in his garden. He never imagined that spraying his canal bank, hibiscus hedges and other areas of trees, plants, shrubs and foliage would ultimately cause his death. Unfortunately, he was spraying chemical products containing the phenoxy herbicides 2,4-D, Silvex and 2,4,5-T for approximately 15 continuous years. Even though he was using these chemicals for their intended purpose and followed the directions for distribution, and even though he wore protective clothing while distributing these chemicals, he was consistently exposed to these chemicals and this exposure precipitated the condition of lymphoma, a form of cancer, and related blood disorders. His physician has indicated that the mortality rate for someone with this diagnosis is between five (5) to seven (7) years.

This victim contacted Attorney Richard D. Schuler to represent him in this case because he knew that Mr. Schuler had extensive experience in handling these toxic tort cases. Mr. Schuler sued the manufacturers and distributors of these chemicals on behalf of the victim for, among other things, the failure to properly inspect, market and distribute these chemicals and failing to warn of the toxic nature of these chemicals and the fact that exposure to them can and will cause cancer or terminal disease.

After being diagnosed with lymphoma, this victim’s life changed in almost every aspect. His condition has impacted his emotional life most severely. There is no cure for his condition, there is no guarantee that any attempt he makes to affect his condition will work, and the circumstances can change at any time. The future appears as a big question mark.

A vital factor in all this is that this victim is now faced with the possibility of not being able to provide for his family’s future. The thought that upon his death his loved ones will lose what he has worked so hard to provide them has been very debilitating for him.

Mr. Schuler was successful in settling this case without the necessity of a trial for hundreds of thousands of dollars. This victim will now be able to obtain the treatment he so vitally needs and no longer will have to worry about the future well-being of his family.

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Business owners have a legal duty to provide safe premises for their patrons and guests. This includes a duty to protect them against any harm caused by the criminal acts of third parties when those criminal acts are foreseeable. Such criminal acts are foreseeable when their occurrence can reasonably be expected under the circumstances. Such was the case in the following Florida premises liability case.

One evening in December at about 9:00 p.m., a young paralegal and two of the partners at the law firm where she was employed had worked late at the office and were concluding a late meal at a restaurant in Riviera Beach, Florida, prior to departing for home. They had all come in separate cars. While the two attorneys had parked toward the front of the restaurant, the victim in this case had parked on the east side of the restaurant as there were no other spaces left. The restaurant faces south and is near I-95.

After consuming their meal, one of the attorneys and the paralegal walked out of the front of the restaurant and went to their cars while the other attorney was paying the bill.

As the paralegal pulled out and swung around the back of the restaurant to go toward the only available exit way, two young black males walked up to her vehicle. One stood in front of her vehicle to prevent her from pulling forward and the other walked up to her window. At that point, the individual that walked up to her window shot through her drive side window, striking her in the neck area as the bullet entered the left portion of her neck and lodged in her right shoulder area. The victim was able to crawl out of her car and get back to the front door of the restaurant as the suspects fled. At the front door of the restaurant, she collapsed into the arms of the second attorney with blood spurting out of her neck and onto the floor. The attorney provided a tourniquet pressure on her neck but the victim thought she was going to die as an artery had been hit and she was suffering substantial loss of blood. Fortunately, paramedics arrived in time and took her to St. Mary’s Hospital and she survived this horrible ordeal.

After recuperating, the victim in this Florida premises liability case contacted Attorney Richard D. Schuler who realized that the restaurant was responsible for this injury as a result of their failure to provide adequate security in the restaurant parking lot premises. The restaurant was aware, prior to the date of this incident, that there already had been three armed robberies over a three year period prior to this incident, along with other
multiple assorted crimes including purse snatching, car thefts, tearing up the inside of the restaurant, and other crimes too numerous to mention. In spite of this notice proving foreseeability of this crime, the restaurant failed to take any security measures whatsoever.

Continue reading "Young Paralegal Shot in Restaurant Parking Lot in Riviera Beach, Florida" »

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Posted In: Premises Liability Litigation

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