Panama City Florida Injury Lawyer Blog

A new law in the state of Florida now requires any operator of a boat who is born on or after January 1, 1988 must pass an approved boater safety course in order to operate a vessel powered by more than 10 horsepower. This new law, which has been effective since January 1, 2010, replaces the previous law that stated "any operator under the age of 21 operating a boat with more than 10 horsepower must pass a boater safety course".

As the boating population ages, the law will eventually require all boat operators pass a safety course in order to legally operate a vessel. This is not necessarily a bad thing. In fact, it may teach boaters a few new tips if not just remind them of things they may have forgotten over the years. Passing a boating safety course will also give you a discount on boat insurance.

One thing has not changed with the new law. As an operator of a vessel, you are still required to carry photo identification and a boating safety education identification card issued by the Florida Fish and Wildlife Conservation Commission.

Not all states require a safety course. Refer to the State-By-State Law list so you are always in compliance when vacationing in another state. Regardless of your state's boating law, boating safety courses are a good investment of time and money. Each state has unique boating requirements, and the laws, regulations and rules vary from state to state.

About a million cribs made by Simplicity Inc. were recalled by the US Consumer Product Safety Commission (CPSC) due to a potential for entrapment and suffocation to infants. The recalled cribs were sold between January 1998 and May 2007 and include the models Simplicity Aspen 3 in 1, Aspen 4 in 1, Pooh 4 in 1, Crib N Changer Combo, Nursery in a Box, and Chelsea. There were also several crib models sold under the Graco logo including Aspen 3 in 1, Ultra 4 in 1, Ultra 5 in 1, Trio and Whitney.

The USPC determined the drop-side can detach from the crib creating a dangerous gap leading to potential entrapment and suffocation of infants. Unfortunately, because of this crib hazard, there have been several deaths and many injuries. Due to the crib design, some parents are installing the drop-side upside down, causing it to eventually detach from the crib end.

If you have one of these crib models, review the CPSC recall alert to learn how it can be fixed and how to go about it, which may include a free repair.

Continue reading "US Consumer Product Safety Commission Issues Crib Recall" »

The red-light camera controversy continued unabated in the last few weeks since in Palm Bay, Florida, the penalty for running a red light went from car owners receiving a warning letter to a $125 civil fine. Although the use of cameras is against Florida state law, many counties and cities have continued to use cameras to catch and fine red-light runners based on loopholes in the law. No camera has been placed on any state or county maintained roadway.

Red-light cameras have been used since September 2008 in Orlando. Drivers caught passing a red light are cited under the city statues, rather than under state traffic laws. High concentrations of cameras exist not only in Orlando but also in Tampa and Sarasota. Cameras are also being used in Daytona Beach, Ormond Beach and Palm Coast. The wide use of cameras has resulted in a website identifying the intersections where cameras are located.

Legislators have filed several bills addressing the issue, three of which would legalize the use of cameras and leave it up to local governments to decide how the cameras are used. That seems to be where the problem lies. Many feel that leaving regulation to local governments will neither address the confusion over details of the use of cameras nor reduce the potential for abuse. If the state is going to allow the use of red-light cameras, the state should set clear and consistent standards.

The one detail all seem to agree on is the amount of the fine. It will be $155. A proposal for distribution of fines collected is for half to stay in the local jurisdiction and the other half to go to the state. House Bill 325, sponsored by Roads, Bridges & Ports Policy Committee and Rep. Ron Reagan, R-Bradenton, would define the use of cameras and how the fines collected would be used.

Continue reading "New Florida State Bill to Allow Use of Red-Light Cameras" »

In my Panama City, Florida, personal injury practice, I have heard from many devastated families who have been the victims of medical malpractice. Medical errors occur when medical care is substandard or when the wrong diagnostic or treatment plan is used in the first place. It can often be difficult and very expensive to prove the negligence of a doctor or facility. Considering the statewide caps on damages, the injury often needs to be catastrophic for a case to be economically feasible to pursue.

The Agency for Healthcare Research and Quality has compiled a list of tips to help your family and you to avoid the devastation associated with medical and hospital malpractice.

Be involved in your own healthcare. We often take for granted that the doctor knows best. Unfortunately, such is not always the case. Ask questions if you don't understand the treatment plan your doctor wants to follow. Ask them until you do understand. Do research to better understand the condition and the medical actions that have proven successful. Use several sources to get a clear and consistent explanation of the condition. Your doctor is seeing many patients every day, so although your history is in your chart, often a doctor is looking only at the current sheet completed by the nurse with your current weight, blood pressure, temperature and your complaint or the reason you are there. If there are things you believe he/she needs to consider, remind him or her.

Make sure you bring a list of all prescribed medicines, supplements or over the counter drugs you are taking. Many people see different doctors for their ailments, such as a heart or lung doctor, and may be on a prescribed medicine that your general physician is not aware of. It could interact negatively with a new medicine he or she may prescribe.

Continue reading "Avoid Medical Malpractice By Taking Responsibility for Your Healthcare" »