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Daytona Beach Injury Law Blog

Why are falls so dangerous for the elderly?

According to the Centers for Disease Control and Prevention, people aged 65 and older experience 29 million falls on a yearly basis. Of these incidents, approximately 28,000 seniors succumb to injuries sustained during falls, while 800,000 require hospitalization to treat these injuries. Falls can also incur huge health care costs when it comes to subsequent treatment. Cost for treating injuries related to falls $31 billion dollars annually. 

The above numbers illustrate why fall prevention is so important. Even a seemingly minor fall can result in significant injuries when a senior's health is impaired. Additionally, those with mobility issues, which is the case for many elderly people, also experience more problems with balance and movement. When these factors are combined, a fall can have devastating consequences for all involved. 

Are landlords responsible for mold cleanup?

Mold in the home can cause respiratory issues in sensitive individuals, especially when a person suffers from a mold allergy. When it comes to mold in rental properties, there is often confusion as to whose responsibility it is to address the matter. The fact is, both tenants and landlords are obligated to perform mold cleanup depending on the specific situation. Landlordology.com offers the following explanation. 

There are two types of mold that are associated with more serious health effects. Mold from the Aspergillus family thrives in damp, dark environments, such as basements and inside walls. Due to its light texture, it can very easily be dispersed around the home and breathed in by the inhabitants. Toxic black mold, which is formally known as Stachybotrys chartarum, grows in the same conditions as Aspergillus. Both types are known to cause a range of symptoms, including headaches, worsening asthma, and airway irritation. 

What happens if someone were partly to blame for your accident?

A car crash is an unexpected event that can result in serious damage and injury. Even if you walk away, there is a chance that you may have an underlying injury.

Florida is a no-fault state in terms of insurance, which means that in the event of a crash, the drivers file a claim with their own insurance company rather than the other carrier. What happens if one person was mostly to blame, and what if you did something that contributed to the crash? Take a closer look at Florida’s accident laws and how they may work in this situation.

Discussing a pedestrian accident on social media

When pedestrian accidents take place, there are a lot of different factors to think about. Pedestrians may be immobilized due to serious injuries, and some lose their lives. Even when pedestrians do not suffer any major injuries, they may struggle with various hardships, such as depression or mental trauma which prevents them from leaving their home. All of these difficulties can disrupt a person's life, and some people decide to file suit in an attempt to recover. However, it is important to be careful with regard to the information that you decide to share on social media if you are considering legal action.

When it comes to court cases, there are a lot of different factors that can affect the outcome of a case. In the digital era, many people share a lot of information online, including information that may seem completely irrelevant. However, these details could be used against someone who has decided to file suit in different ways. You should be very cautious about what you post online in the wake of a pedestrian accident, and it may be a good idea to avoid sharing anything online after an accident. Some people have shared details that had a negative impact on their case, which can make it even harder for a victim to restore normalcy in their lives.

Motorcycle accidents and high blood pressure

When it comes to motorcycle collisions, there are many different issues to think about. For example, a motorcyclist may pass away in a crash, or they may be left with devastating financial hardships. However, some of the consequences of a motorcycle accident can be more difficult to detect. For example, someone may develop health problems in the wake of a collision, such as high blood pressure. Whether someone suffers a serious injury or long-term health issue that affects their blood pressure, or they develop heart issues and concerns regarding their blood pressure because of unhealthy stress levels, it is imperative to address these concerns immediately.

Our law firm knows that motorcycle accident victims often have a number of hardships to work through. Sometimes, these difficulties can linger for months or even years after a collision. When it comes to high blood pressure and other serious health problems, failing to address these concerns properly can be detrimental. Moreover, for those who are thinking about taking legal action as a result of a motorcyclist, such as someone who was hit by a speeding driver while riding their motorcycle, it is paramount to think about the entirety of the hardships that one will face.

How can I prevent my child from being injured by a fall?

Kids of all ages are prone to falls, some of which may cause significant injury. In this case, it's crucial that parents take all the proper precautions to safeguard any children in their home, whether protecting their own kids or ensuring guests are also kept safe. KidsHealth.org offers the following tips so you can rest assured that your child is safe when it comes to falling hazards. 

Practice stair safety

How can you identify an aggressive dog?

Man's best friend can be your worst nightmare during a dog attack. Even seemingly friendly and affable dogs are often prone to aggressive behavior, and this behavior can easily lead to dog bites when pet owners aren't vigilant about controlling their animal. VCA offers the following information on dog aggression and how it can be identified. 

An aggressive episode often escalates, sometimes at a rapid pace. At the outset, the dog will use certain behaviors to diffuse the situation and remove whatever is making him afraid or uncomfortable. A dog might attempt to physically separate from what he perceives as a threat by turning away or moving his head. The dog's posture is another indicator of a potential attack. Be wary of dogs who crouch or get low to the ground, or those whose ears are flattened against the head. In most cases, growling or snarling usually precedes the bite. 

How can swimming pool owners prevent accidents?

If you know of a friend or neighbor that owns a pool, you're probably quite excited to take a dip this summer. However, keep in mind that not all swimming pool owners have safety in mind, which can end up harming you or your kids. The American Red Cross explains what swimming pool owners must do to keep visitors to their pool safe and secure. 

When friends and family are swimming, strict rules must be in place. For instance, a person should be enlisted to watch over the pool while people are swimming. This person should not be distracted by a mobile device or book, as drowning can happen in an instant. Swimmers should also not be permitted to use the pool after drinking alcohol. Even strong swimmers will have their abilities impaired when drunk, which can lead to devastating accidents. 

Understanding the attractive nuisance doctrine

Like all parents in Daytona Beach, you want your kids to lead healthy lives. Part of healthy living is getting outside, and while you no doubt encourage them to do so, you also probably maintain a slight concern about the dangers they may encounter. While your likely understand not to talk to strangers, things like swimming pools, construction sites, junkyards and abandoned building may seem innocuous to them. Many have come to us here at The Law Offices of Keith C. Warnock, P.A. after their kids have been injured in such places wondering what legal recourse is available to them. 

If your child has also been injured by any of the aforementioned attractions, you should know that the attractive nuisance doctrine provides a way to hold the property owner on which the attraction was found liable for their injuries. The attractive nuisance doctrine recognizes that children often lack the comprehension necessary to see the risks that certain attractions pose. Therefore, the owners of the land on which such attractions are found take reasonable measures to restrict access to them if it is foreseeable that children will come in contact with them. 

The 3 most-common examples of slip-and-fall accidents

According to the CDC, falls are the most common cause of traumatic brain injuries. The organization estimates that over 800,000 people per year sustain an injury as a result of these types of accidents. Included in this statistic are slip-and-fall incidents. 

What makes a slip-and-fall case especially unfortunate is that most of the time, it is preventable. Negligence can often create hazards, causing someone to stumble. Here are the three most common situations where an accident like this is more likely to occur. 

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Daytona Beach, FL 32114

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