Victim Rights in Florida Negligent Security Claims

Luhrsen Law Group pic
Luhrsen Law Group
Image: http://www.luhrsen.com

Serving the Sarasota, Florida, community, Jeffrey Luhrsen provides aggressive representation in diverse personal injury cases, from DUI crashes to slip-and-fall accidents. Jeffrey Luhrsen and his team are also experienced in negligent security claims.

In cases where a victim is attacked on someone else’s property, the attacker is often apprehended and faces criminal charges. What many victims fail to consider is that the property owner can be held partially responsible for what occurred. This reflects Florida state law, which holds the owner of the property responsible for the safety of people on the property, including in situations where crimes are perpetrated.

Negligent security involves cases in which property owners had awareness of a security hazard and failed to either warn others or correct the issue. This type of responsibility has taken on added dimensions in recent years, as negligent security has been ruled in court as potentially resulting in cyber attacks and terrorist events. Victims of attacks may be able to receive financial compensation related to security breaches, medical bills, and time taken off work.

The iPromise Campaign against Texting and Driving

iPromise Campaign pic
iPromise Campaign
Image: http://www.luhrsen.com

Jeffrey Luhrsen is a longtime Sarasota, Florida, personal injury lawyer who regularly represents clients against major insurance companies in cases involving negligence. Known for experience in texting and driving cases, Jeffrey Luhrsen and his team strongly support the iPromise Campaign, which encourages community members not to text while driving.

In spring 2015, the firm reached out to teen drivers through the iPromise pledge, which focuses on partnering with local high schools in spreading a message that texting while driving is dangerous. The three high schools with the largest number of participating teens were eligible to receive prizes of $500 to $1,500 in value. At the same time, free iPad minis were given away to randomly drawn pledgers of all ages.

The reason for the iPromise campaigns is that distracted driving in South Florida has become increasingly prevalent in recent years, to the point where it is a social issue that exceeds drunk driving. A Virginia Tech Transportation Institute study estimates that the “visual-manual subtask” of texting while controlling a moving vehicle increases the likelihood of an accident by a factor of three.

Luhrsen Law Group and the iPromise Campaign

 iPromise Campaign pic
iPromise Campaign
Image: http://www.luhrsen.com

As founder and CEO of the Luhrsen Law Group in Sarasota, Florida, Jeffrey Luhrsen has years of experience in the field of personal injury law. In an effort to help prevent car accidents caused by texting, Jeffrey Luhrsen and his colleagues developed the iPromise campaign.

The purpose of iPromise is to highlight the dangers of distracted driving. Teenagers are the primary focus of the campaign, and since its inception, hundreds of Florida teens have taken the pledge to avoid texting while behind the wheel. In early 2015, the Luhrsen Law Group began getting local high schools more involved in the pledge process. Awards for the top three high schools with the most iPromise participants included prize money and iPad minis for randomly selected iPromise pledge signers.

The iPromise campaign also has a social media component in which participating drivers educate others through Facebook, Twitter, and Instagram. Pledge signers use the hashtag #LLGiPromise to help spread awareness. To learn more about the iPromise campaign, visit http://www.luhrsen.com.

AAJ Advocates for Higher Truck Insurance Minimums to Protect Motorists

As the president and CEO of Luhrsen Law Group in Florida, Jeffrey Luhrsen represents consumers and families who have been injured due to negligence in auto and workplace accidents. Jeffrey Luhrsen also stays active in the legal community as a member of numerous professional organizations, including the American Association for Justice (AAJ).

In a recent press release, the AAJ recommended that the Federal Motor Carrier Safety Administration (FMCSA) revise the minimum insurance regulations for buses and trucks in order to heighten protections for people who are injured or killed in highway accidents. The AAJ noted that insurance minimums haven’t been revised in more than 30 years, which compromises the financial security and safety of every driver and passenger.

According to the AAJ, the Motor Carrier Act of 1980 was intended to foster a safer trucking industry by requiring consistent increases in insurance minimums so that insurers would regularly perform on-site truck inspections. The AAJ states that insurance minimums have remained stagnant since 1980, despite the legislation’s intentions, the safety implications, and the steadily rising cost of health care.

The AAJ has recommended that the FMCSA increase the minimum insurance requirement from $750,000 to $4.6 million, an amount based on the medical consumer price index. To illustrate the importance of appropriate insurance minimums for trucks, the AAJ cited government statistics that indicate almost 4,000 Americans were killed as a result of large-truck accidents in 2012.

Holding Landlords Responsible for Safe Rental Properties in Florida

Jeffrey Luhrsen leverages more than 20 years of legal experience to serve as the president and CEO of Luhrsen Law Group in Sarasota, Florida, where he helps clients who have been injured. Along with auto accidents and workplace injuries, Jeffrey Luhrsen can represent clients who have been hurt because a landlord neglected to properly maintain and secure a property.

On the firm’s website, Luhrsen explains that landlords are responsible for upholding safety standards at an apartment or rental property by regularly inspecting it and rapidly repairing dangerous conditions, such as a broken staircase. Luhrsen notes that a faulty staircase presents a significant safety hazard, as tenants can experience a life-threatening fall from a damaged handrail or loose carpeting. Along with staircases, landlords are responsible for maintaining a wide range of other property features, including pavement, electrical components, ceilings, and flooring.

Landlords must also implement appropriate security measures to further protect tenants and guests. According to Luhrsen, a safe property should feature ample lighting, security cameras, fencing, and dependable locks.

For more information on how to hold a landlord liable for property-related injuries, please visit http://www.luhrsen.com.

Youth Football: Do the Benefits Outweigh the Risks?

 

Youth Football - Do the Benefits Outweigh the Risks

The answer depends on whom you ask.

As much as the majority of parents have become increasingly aware of the health risks carried by youth football, only 3 in 10 Americans polled by the HBO Real Sports/Marist College last year said the risks are too great to allow their child to continue playing football. Of the 1,204 U.S. adults who responded to the survey, 85 percent said they would allow their sons to participate in football while only 13 percent would forbid them. A similarly large percentage (74) believed football is a good way of building character and team spirit.

When asked whether the growing body of research regarding the connection between youth football and long-term brain injury has changed their level of concern about their child’s safety, 40 percent said no. Moreover, nearly 30 percent said that they are even less concerned about their child’s safety after seeing how coaches and players are more informed and can protect themselves better on the field.

On the other side of the barricade, experts in sports-related concussions believe youth brains are especially vulnerable to concussions and propose that tackle football should be banned for those under 14 (and replaced with flag football). The evidence is scary: The Centers for Disease Control reported that nearly 122,000 children ages 10 to 19 visit the ER every year for non-fatal brain injuries, while the Institute of Medicine confirmed that football has the highest concussion rate compared with the rest of high-school sports, and that the brain injury rate in prep football is almost twice as high than in college football. On top of everything else, authors of a new study have warned that football players may experience changes in their brain activity long before they exhibit visible signs of a concussion, supporting the belief that brain injury may surface as a result of a succession of several low-intensity hits rather than from one big blow to the head.

Tackle Football, too Dangerous for Young Brains

Tackle Football, too Dangerous for Young Brains

Contrary to what most people think, young children are not resilient after they are seriously hurt, especially when it comes to sustaining traumatic brain injuries. According to Dr. Robert Cantu from the Center for the Study of Traumatic Encephalopathy of Boston University, children’s brains are especially vulnerable to blows because myelin, the substance that insulates and protects the nerve cells in the brain, is not fully developed until people reach their early 20s. Secondly, youth have disproportionately big heads (further compounded by helmets) and rigid necks, thus causing the bobblehead effect that rattles the axons, capillaries, and blood vessels in the brain similar to an explosive blast.

Granted, children can benefit from playing football and other sports in a number of ways. The sport is said to build character, create remarkable bonds between players, combat child obesity, help children learn discipline, and teach them how to deal with conflict resolution. From a psychological and social point of view, children participating in sports exhibit higher grades, increased self-esteem and confidence, greater family attachment, increased interaction with academically-oriented students, and stronger peer relationships. The positive influence of sports in identity formation and emotional development makes children less likely to drop out of school and more interested in improving their academic performance.

But as parents, you definitely can’t ignore the risks you are exposing your child to when you allow him to play basically the same sport as professional NFLers. Aside from the violence of the game itself, many times it is the negligence of coaches and referees or the lack of intervention from schools that may leave your child with broken bones, spinal injuries, and other long-lasting traumas that could have easily been prevented. And when that happens, you need to hold those responsible accountable by contacting a personal injury lawyer to help you obtain compensation for the medical care of your child and cover additional expenses.

About the Author

Attorney Jeffrey A. Luhrsen credits his military career with the work ethic, integrity, and tenacity that drives his career as a personal injury attorney. Having garnered numerous academic awards and scholarships during college and law school, Mr. Luhrsen has continued to earn accolades throughout his career, including a Martindale-Hubbell AV® Preeminent™ Peer Review Rating, the highest rating an attorney can achieve in legal ability and ethical standards. He has been in private practice since 1998 with a focus on tort claims and insurance disputes. Luhrsen Law Group, based in Sarasota, Florida, is proud to be a family-owned firm that helps Florida families recover after serious injuries and from legal wrongs.

 

 

Sleep Deprivation and Speeding, a Recipe for Disaster

 

Sarasota Truck Driving Accident Lawyer

As comedian Tracy Morgan’s car crash continues to make headlines, attention is once again refocused on the dangers of drowsy driving and the many risks truckers are exposing themselves – and other drivers – to.

The 45-year-old former 30 Rock and Saturday Night Live star and six of his associates present in his limo on the evening of June 7th were involved in a six-vehicle pile-up that killed James “Uncle Jimmy Mack” Mcnair and left Morgan and his assistant, Jeffrey Millea, critically injured. The group was coming back to New York from a tour date in Delaware when a tractor-trailer slammed into the back of Morgan’s Mercedez-Benz Sprinter limo bus on the New Jersey Turnpike, flipping it over, along with two other passenger cars, two trucks, and one SUV. McNair died at the scene, while Morgan suffered a broken leg and several other bodily injuries, for which he has since received extensive medical treatment and physical rehabilitation.

The truck driver, a Walmart employee driving a company truck, was reportedly dozing at the wheel and failed to notice traffic ahead, hitting the limousine and causing it to overturn. According to the criminal complaint, 35-year-old Kevin Roper had not slept for more than 24 consecutive hours when the accident occurred, having commuted 700 miles from his residence in Jonesboro, Ge., to a Walmart facility in Delaware before even starting his shift. He has been charged with one count of vehicular homicide and four counts of assault by auto. If found guilty on all charges, Roper faces up to 15 years behind bars.

Now, Morgan, Jeffrey Millea, his wife Krista Millea, and Ardie Fuqua are suing Walmart for negligence and reckless conduct for allowing its employee to operate the vehicle fatigued, alleging that, “Walmart knew or should have known” that Roper had been “awake for more than 24 consecutive hours.” According to a preliminary report by the National Transportation Safety Board, the Walmart truck was also speeding, going 64 mph in a 45-mph construction zone moments before the accident.

Drowsy Driving, as Dangerous as Drunk Driving

Drowsy Driving, as Dangerous as Drunk Driving

 

It’s no secret that professional drivers are often sleep-deprived behind the wheel and, thus, more susceptible to accidents related to drowsy driving. First of all, they drive many more miles than the average driver – they are expected to drive up to 14 hours straight per day – which inevitably increases their risk of being involved in a crash. In addition, they are more likely to drive at night, which brings forth a whole new set of dangers compared to driving during the day. Unable to rest properly, eat healthy, and keep doctor’s appointments, truckers continue to risk their lives day after day (deaths of truckers in crashes account for 12% of all work-related deaths in the U.S.) for an hourly wage of little over $8.

Drowsy driving is a leading cause of accidents and highway fatalities, according to the NHTSA. Every year, 40,000 people are injured and 1,550 are killed on U.S. highways in the more than 100,000 crashes caused by drowsy driving – and this is possibly a low estimate, given that there is no “breathalyzers” or “speed cameras” for drowsy driving. So unless drivers admit to falling asleep behind the wheel, drowsy driving often goes underreported as a cause of crashes.

Fortunately, several legislative efforts are being made to reduce the number of sleep-deprived drivers on the road, and car manufacturers are doing their best to mitigate dozing behind the wheel by implementing systems that detect if the vehicle drifts out of its lane or if the driving style suddenly changes. But until viable solutions are implemented to prevent sleep-deprived individuals from getting in the driver’s seat, drowsy driving (especially involving commercial vehicles) remains a serious threat to anyone on the road.

About the Author

Attorney Jeff Luhrsen credits his military career with the work ethic, integrity, and tenacity that drives his career as a personal injury attorney. Having garnered numerous academic awards and scholarships during college and law school, Mr. Luhrsen has continued to earn accolades throughout his career, including a Martindale-Hubbell AV® Preeminent™ Peer Review Rating, the highest rating an attorney can achieve in legal ability and ethical standards. He has been in private practice since 1998 with a focus on tort claims and insurance disputes. Luhrsen Law Group, based in Sarasota, Florida, is proud to be a family-owned firm that helps Florida families recover after serious injuries and from legal wrongs.