Archive for April, 2016

Shooting in Florida Nightclub Raises Questions About Club Owner Responsibility

April 30th, 2016

Both locals and tourists enjoy a vibrant night life in Florida. Unfortunately, a recent shooting at a Florida night club interrupted the festivities being enjoyed by many partygoers and the shooting is raising concerns about safety. Two people were killed and another 10 were injured in the shooting incident, and it followed closely on the heels of another shooting which had also happened at a local club.

When an act of violence like a gun incident occurs, it becomes necessary to determine if the security was adequate at the location where the violent event took place. A security failure can sometimes make the club responsible for the acts of violence which occurred within its walls. Victims or their family members could make a premises liability claim if they can prove the club failed to fulfill its obligation to keep patrons safe from harm.

Shooting Incident Raises Questions About the Responsibility of Club Owners

According to Orlando Sentinel, the shooting took place at a crowded nightclub which has a central location right within the tourist district. The nightclub is located across from a luxury resort and it is right down the road from a popular water park destination. A special reggaeton event called Twisted Satursdays was being held at the club at the time when the shooting incident happened and Latin and Caribbean music were being featured as a part of the event.

There were around 300 people present at the club for the special event at the time when the shooting occurred. One of the victims who was shot was pronounced dead at the scene and another was pronounced dead after being taken to a local medical center. Eight other victims were also taken to the medical center, with several listed in critical condition.

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David J. Glatthorn 506 Datura Street West Palm Beach, FL 33401 Phone: 561-659-1999 Fax: 561-659-9075 Toll Free: 800-990-9394

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Wilmington Truck Accidents: Three Serious Types of Collisions

April 30th, 2016

Trucks can get into front, rear, and side-impact crashes just like any other cars can. There are, however, certain types of truck accidents in North Carolina that can only happen to trucks or that are significantly more likely to involve trucks. These accidents can be deadly for truckers, as well as for motorists in passenger vehicles who are involved in the crashes.

Three Serious Types of Truck Accidents

Three of the most common types of accidents that only or primarily affect trucks include rollover accidents, underride accidents, and jackknife accidents. Truck drivers have to be aware of these kinds of collisions, as well as their common causes, so drivers can avoid doing things that increase the risk of one of these serious accidents.

Rollover accidents usually happen when a trucker loses control of a truck. This is especially likely to occur as a truck goes around a curve, when centrifugal force causes the truck to naturally lean away from the curve. If a driver takes the curve too fast, the truck can end up tipping right over. Trucks are more likely than cars to rollover because trucks have a high center of gravity and are top-heavy.  The risk is even graver if there is an unbalanced load.  A paper from National Highway Traffic Safety Administration indicated an estimated 18 percent of truck accidents involved trucks rolling over and around 35 percent of fatal truck crashes involved rollovers.

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Law Offices of Richard Flexner 3805 Oleander Drive Wilmington, NC 28403 Phone: 910-794-3221 Fax: 910-794-3144 Toll Free: 800-353-9637

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Are Federal Regulators Doing Enough to Prevent Los Angeles Truck Accidents?

April 16th, 2016

In the first nine months of 2015, there was a 9.3 percent increase in traffic deaths compared with the prior year. According to Consumer Affairs, estimates suggest 26,000 people were killed in collisions over this nine month period, compared with 23,796 deaths in car accidents over the first nine months of 2014. Nationwide, the increase in fatalities ranged anywhere from two percent more deaths in 2015 to 20 percent more deaths in 2015 compared with in 2015. Federal safety regulators indicate driver behavior is the reason why more crashes are happening.

Some safety experts also indicate federal agencies should be doing more, including implementing a nationwide Vision Zero policy aimed at reducing traffic fatalities to zero. One such safety organization is called AnnaLeaha and Mary for Truck Safety. It was founded after two sisters who were killed when their car was hit by a semi-trailer. The family started the organization because they believe the trucker had been behind the wheel for too long and because the family believes that there should have been stricter rules for underride protection in place to prevent the deadly accident.

The focus on improving criteria for underride guards has long been a big issue for advocates concerned about truck accidents in Southern California.

New Safety Initiatives Could Help Prevent Deadly Truck Accidents

The National Highway Traffic Safety Administration proposed stricter regulations for underride accident prevention in December of 2015. The new regulations would impose new requirements on underride protection guards to be used to prevent cars from sliding under the backs or sides of tractor trailers. While this is good news that regulations are finally being proposed and may move forward, it has taken decades for NHTSA to act, although Insurance Institute for Highway Safety has long warned about the risks and indicated current underride standards were not strict enough.

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Los Angeles Office The Law Offices Of Brian Brandt City National Plaza 515 S Flower St #3600 Los Angeles, CA 90071 Phone: 213.213.5778
Santa Ana Office The Law Offices Of Brian Brandt 1851 E. First Street #900 Santa Ana, CA 92705 Phone: 657.218.0496

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Aggressive Disciplinary Action Has Chilling Effect on Practice of Medicine

April 12th, 2016

When a doctor is faced with disciplinary action, aggressive medical license defense becomes necessary to try to protect his license and avoid adverse consequences. Unfortunately, sometimes the actions of state disciplinary boards are improper, as medical boards may sometimes aggressively go after people who have not really done anything wrong. Threat of facing disciplinary action can have a chilling effect on the practice of medicine, particularly for doctors in certain fields like pain management where there is ample room for accusations of wrongdoing to be made.

Doctor’s Case Shows The Problem of Aggressive Disciplinary Action

Press of Atlantic City illustrates one of the big problems which can occur when accusations are made against doctors based on uncertain indicators of wrongdoing.

In this case, one of two local pain management specialists in a local county found himself fighting for his future. The doctor had practiced medicine between 1976 and 2007, and his practice had more than 1,300 patients at one point.

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Austin Office: Bertolino, LLP 823 Congress Avenue #704 Austin, TX 78701 Phone : 512.717.5432

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