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Sarasota Florida Construction Law And Personal Injury Blog

Why parents should watch a child for signs of a TBI after a crash

Most parents in Florida have the underlying fear that their child will sustain a serious injury, and a traumatic brain injury may be the scariest type. TBIs can happen anywhere, during any activity, but one of the most common causes, as Johns Hopkins Medicine points out, is car accidents

Because a TBI can affect every aspect of a child's life, it is critical to identify symptoms as quickly as possible.

Elements of a breach of contract and materiality

Contractors in Florida rely on their contracts to maintain and further their business. When the other party fails to fulfill the terms of the contract, it can cause considerable financial difficulties.

In many cases, the contractor may be able to file an action against the party that breached the contract.

The necessity of good communication in construction

As in any industry, communication is the foundation of success within construction. Unlike traditional office settings however, where employees have been groomed and prepared to successfully communicate, many construction workers and subcontractors must learn this skill on the job. Despite what many people say in an interview, few of us are great communicators. Great communication is one of the ways that construction disputes can be prevented.

 

What is the attractive nuisance doctrine?

It may be commonly understood that if one enters another's property in Sarasota without permission, they assume the risks of whatever that property's features may pose. This standard of liability is based off the assumption that the trespassing individual should know and recognize the risks those features pose. Yet what if the trespasser is your young child? Are they expected to know (as an adult does) that something that seems attractive to them might also be dangerous? 

This is the argument that the legal principle known as "the attractive nuisance doctrine" is meant to address. Young children are recognized as not having the understanding to discern that a particular feature or attraction might be dangerous. Because of this, the responsibility is placed on the owners of the properties on which such attractions or features are found to protect kids from them (or at least limit their access to them). Furthermore, those same property owners could be held liable if they failed to do so. 

Maintaining a safe and well-kept storefront

If you have ever been to a retail storefront in Florida, you are probably more likely to want to frequent a well-maintained establishment. Customers are most likely going to feel much more comfortable in an environment that is free of hazards, clean and welcoming. At Dana J. Watts Attorney at Law, we have helped many people who have been the victims of injuries because of poorly maintained property. 

According to Cintas, one of the things that retail store owners should be doing to protect you as the customer is to maintain a regular cleaning schedule. This should include both the interior and the exterior of their property. Outdoors, they should be making sure that the walks are swept and debris is removed from pathways. 

How you and large trucks can safely share the road

Accidents with large trucks accounted for over two thousand deaths in 2016. By remembering to drive safely around large trucks, you can help to protect yourself.

In the summer of 2018, a compact car cut in front of a large truck on the Manatee County bridge while traveling down I-75. To avoid a crash, the driver of the truck swerved, and the cab of his truck ended up dangling over the guard rail. Luckily, he survived.


Multiple fatalities in accident caused by woman suffering seizure

When people have a history of suffering from medical conditions that can compromise their ability to operate a motor vehicle safely, precautions are often taken to make sure they do not drive until certain conditions are met. For many of those people in Florida, this process may require obtaining a prescription that helps to manage their symptoms and even then, they may not be allowed to drive depending on the severity of their condition. 

In a tragic situation out of New York, a woman was charged with reckless driving and negligent homicide after striking a group of pedestrians because she was having a seizure and lost control of her vehicle. The accident resulted in the deaths of two children and an unborn baby and left two women critically injured. During an investigation into the accident, it was discovered that the woman had a history of seizures related to a medical condition she suffered from. She also had been issued citations in the past for speeding. According to officials, she should not have been allowed to operate a vehicle given her risks and the past citations she had accumulated on her record. 

How many people are killed in drunk driving crashes?

Motor vehicle accidents have a variety of causes, such as those which are the result of poor weather and wrecks that happen because of high speeds. Drunk driving is especially problematic and intoxicated drivers have claimed many lives in Sarasota over the years. In Florida and the entire U.S., drunk driving endangers the lives of everyone on the road and it is paramount for victims and families who lose ones to drunk drivers to take action. As a driver, you should also be aware of how many lives are lost to DUI accidents per year.

According to the National Highway Traffic Safety Administration, drunk drivers were involved in accidents that claimed over 10,400 lives during 2016. Furthermore, the NHTSA reports that roughly one out of every three fatal traffic accidents in the U.S. involve a driver who has a blood alcohol content level that is over the legal limit. Aside from the number of lives that have been lost to drunk driving, this behavior has also caused a massive number of people to sustain serious injuries.

Florida leads nation in elderly motorist deaths

The Sunshine State is one of the most popular places in the nation for men and women over 60 to settle down and retire in. They can enjoy the unique culture, warm weather and explore the state’s cultural history as they finally enjoy putting in constant 8-hour work days.

Unfortunately, many elderly residents are unable to enjoy their retirement after one dangerous trips on the Florida roads. Recent studies show that Florida continues to have the highest amount of older driver fatalities in the country. It is important for elder drivers to know of the various hazards they could face in the southernmost state’s roads.

Are your relationships with your subcontractors important?

If you have been in business for a while, you may be well aware that developing trustworthy relationships with other like-minded individuals and companies takes time and energy. Sustaining the relationships you have with other industry professionals in Florida is critical to your ability to give your customers a product or service that you stand by and are proud to provide. In construction, you may wonder if working with subcontractors requires the same type of relationship commitment given they will be gone once their portion of the project is complete. 

Despite the somewhat temporary nature of your collaboration with subcontractors, developing strong relationships that are built on mutual trust and a solid understanding of each other's expectations and responsibilities is incredibly relevant. Your decision to thoroughly research potential candidates and then only work with those who share your company's values and vision is crucial to prevent the disappointment of working with someone who may hurt your reputation with lackluster work ethic or shoddy workmanship. 

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