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Daytona Beach Injury Law Blog

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. 

Motorcycle accidents during the spring

In many parts of the country, motorcyclists are excited for spring to come since it marks the end of a long, brutal winter and more favorable weather conditions for riding a motorcycle. However, this can lead to a higher likelihood of motorcycle accidents, so it is imperative for motorcyclists and those driving any type of vehicle to be aware of the risks associated with motorcycle collisions. Unfortunately, some motorcyclists will inevitably find themselves in the middle of an accident this season, and many of these accidents will prove fatal or lead to serious injuries.

There are many risk factors to watch out for during the spring when it comes to driving and riding a motorcycle. Many motorcyclists celebrate Memorial Day weekend by riding with their friends, but this can be dangerous if road conditions are poor, people on the road have been drinking or other concerns are present. During the spring, weather conditions such as fog and heavy rain can increase the chances of a crash, and some motorcyclists may be more likely to find themselves in a wreck because they have not ridden a motorcycle for several months.

How workers' compensation can get you back to work sooner

If you are hurt on the job in Florida and are receiving compensation benefits, you may feel like you want to get back to work, whether you need to start making more money or you just like to stay busy. Fortunately, one of the benefits you receive is vocational rehabilitation, which provides a variety of tools and training to help you get back to your previous job or prepare you for a different position.

According to the Department of Labor, the goal of vocational rehabilitation is to get you back to work with your original employer as soon as possible. If your injuries make it improbable or impossible to return to your previous position, the program will work to assist you in gaining the skills necessary to find another job of similar pay. Typically, rehab services only start once your doctor determines you are at maximum medical improvement and that your injuries result in permanent disability of some kind.

Why are rugs so dangerous?

Rugs look great scattered around a home. They can make it feel cozier and help provide some comfort on wood floors. However, rugs are also very dangerous. They slide easily and pose a tripping hazard. While they may not be too harmful to adults and older children, they can pose a huge risk to young children and the elderly who are more vulnerable. To avoid slip and fall accidents with rugs, there are some things you can.

Ideally, according to Huffington Post, the safest thing to do is get rid of your rugs, but if you want to keep them, then you should take steps to make them safer. You should also understand why they are so dangerous.

How to understand, control and stop bullying at work

Every day in American workplaces, a subtle epidemic of employee bullying takes place. Employees victimized by unconscionable bullying attacks experience lower self-esteem and lose the ability to complete their work effectively.

Victims of the workplace bully can develop lifelong emotional and physical trauma in the form of Complex Post Traumatic Stress Disorder. Some bullying is so severe that the targets cannot continue working in the public sector. Ousted employees descend into poverty; others can only work from home in a freelance capacity, thus losing important company health benefits and acquiring a steep tax burden.

Woman alleges negligence after injury sustained at Walmart

While companies in Florida uphold the responsibility to treat their customers with respect, they are also tasked with making sure that their facilities are up to code and free of hazards that could cause avoidable injuries to their patrons. In unfortunate incidents where a customer does sustain an injury on the premises of a business, that company could be facing hefty consequences if it is found that they acted negligently in making sure they mitigated the risks that created the injury. 

In a recent case out of Sioux Falls, South Dakota, one woman is alleging that Walmart acted negligently and ultimately contributed to a situation that left her with severe injuries. The woman disclosed that she and her daughter were shopping together at the store when another patron crashed into her on a motorized scooter cart. Witnesses say the woman fell to her knees in pain and ended up in the emergency room to be treated for her injuries. Health issues stemming from the incident has cost the woman nearly $30,000 in medical bills and left her with recurring pain. 

Palm Beach County crash prompts federal investigation

Every year, new technologies are introduced to the vehicles traveling on Daytona Beach's roads, all aimed at making driving both safer and more convenient. However, the concepts of safety and convenience can often be at odds with each other, as those updates which make vehicles easier to drive do not necessarily make them safer. Consumers likely trust that the technological upgrades incorporated into vehicles have been tested and proven to do that which their advertising implies. Yet often the excitement over the potential of new vehicle features may prompt drivers to use them in ways they may not have been intended. 

Take the Autopilot upgrade recently introduced into Tesla vehicles. Many drivers have reported being able to take their hands off the steering wheel when using the feature (after all, it is called "Autopilot") despite the manufacturer's insistence that it is not intended to take driving control away from the driver. Since the feature's introduction, several motorists have been killed in accidents linked to its use. The most recent was a man who struck a tractor-trailer in Palm Beach County. Although it has not been confirmed whether or not the driver had Autopilot engaged when the accident occurred, both the National Highway Traffic Safety Administration and the National Transportation Safety Board have announced their intentions to look into the crash. 

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Daytona Beach, FL 32114

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