Personal Injury

Mass Tort Lawsuit: What It Is and How We Can Help

Published on: February 28, 2022 | Anthony Quackenbush, Esq.

The term “mass tort” defines a specific type of civil lawsuit in which a “tort,” a wrongful act that causes injury, has affected masses of people. Class action lawsuits also involve many people; however, mass tort differs from a class-action lawsuit in a number of specific ways. In our Fort Lauderdale office, we can help you understand what it means to participate in a mass tort lawsuit given your injury.

Difference between Class Action and Mass Tort lawsuits

A class-action lawsuit involves a large number of individuals who have experienced similar harm from a product or event and for whom fair compensation is not large enough to justify separate cases. A class-action lawsuit is a single suit with many plaintiffs who will share in the distribution of any settlement or awards. One law firm represents all injured parties and argues for them as one entity. For instance, in 2017, Visa and Mastercard settled a lawsuit for overcharging fees to retailers. They settled for $7.5 billion, with each retailer receiving a small portion of the settlement due to the sheer number of plaintiffs. Many other class-action lawsuits have been filed for defective products and wrongful acts due to corporate negligence.

Handgun Misfires and Lawsuits

Published on: January 13, 2022 | Anthony Quackenbush, Esq.

Alec Baldwin’s accidental shooting of cinematographer Halyna Hutchins on the set of a Western movie he was filming highlights the dangers of mishandling a gun and the problem with defects in deadly weapons. Accidental injury and death from firearms are sadly fairly common and can be attributed to human error, product defect, or both.

Product defect

A number of guns have histories of malfunction. For instance, the Sig Sauer P320 handgun can accidentally discharge when bumped or dropped or when an object touches it in a certain way. They have even gone off when holstered. A Philadelphia SEPTA police officer’s holstered gun went off on a crowded train, narrowly missing injuring riders. Several soldiers have had their holstered firearms go off, injuring them in their legs. The P320 is also known to fire if it is dropped and lands at a certain angle. Numerous other lawsuits of this type have been filed against Sig Sauer.

Hurt at a Music Festival or Other Public Event

Published on: January 10, 2022 | Anthony Quackenbush, Esq.

The deadly events at the Travis Scott concert on November 5, 2021, at Astroworld in Houston, have shone a glaring light on some of the dangers of attending a crowded public event. One would think that venues that frequently hold large events would have safety protocols in place to prevent tragedies, but unfortunately, that is not always the case. By taking a look at what went wrong in this event, you may be able to keep yourself safer when attending large venues with massive crowds. If you have ever been injured at a public event, you may be able to receive compensation for your suffering.

Duty of care

In a personal injury case, you need to demonstrate that a person or business owed you a “duty of care” and that the person or business was negligent in that duty. In other words, the venue had a duty to take serious precautions, with appropriate procedures and safety standards in place, and to make sure those procedures and safety standards are enforced and followed. Negligence means that the venue either did not have these precautions in place, or they were not followed.

When Your Rental Property Isn’t Safe

Published on: December 6, 2021 | Anthony Quackenbush, Esq.

Florida Habitability Laws clearly delineate the responsibilities of landlords to provide safe, habitable living environments. The laws list what landlords are responsible for maintaining and repairing in their rental property. The laws also provide for tenant options when the landlord does not make repairs in a timely manner.

The types of housing that are covered by the habitability laws are single-family and multi-family homes, as well as mobile home parks and condos (if a renter is occupying the unit). The habitability laws do not specifically address RV parks. Hotels/motels and fraternities/sororities/clubs are not included under the habitability laws.

Landlord responsibilities

Safety at Your Apartment or Condo Building

Published on: September 22, 2021 | Anthony Quackenbush, Esq.

There are many excellent apartment and condo buildings available here in the greater Fort Lauderdale area that make this region a wonderful place to live, work, and enjoy the many attractions in our great state of Florida. But as tenants or condo owners, you should be vigilant to make sure your building is safe.

An ounce of prevention…

Before purchasing a condo or moving into an apartment, look very closely at not only the unit but at all common areas. Do they look clean, well-lit, and well-maintained? How is the security system? What fire prevention systems are in place – sprinklers, fire alarms, etc.? This should also include a walk through the basement checking for cracks in the foundation and water damage which could indicate problems and neglect.

Responsibilities of the Condominium Association Board and Your Rights

Published on: September 20, 2021 | Anthony Quackenbush, Esq.

The recent tragedy in Surfside has shed light on safety issues in condo buildings in Florida. With so many injured and allegations that the condominium association board was aware of the problems, many are asking “why didn’t they fix the problems?” Unfortunately, most condominium association boards are composed of volunteers, and their responsibilities vary from organizing social events and dealing with parking problems to handling complaints and addressing safety issues. These volunteer boards usually do not have the expertise or manpower to handle technical details related to cracks in the foundation of the building or financing options. And so, much like the Surfside condominium situation, problems sometimes not only sit but get worse when not properly handled.

Condominium Owner Associations (COA) are governed by bylaws, which list the duties and responsibilities of the association to its owner-members. While details of bylaws may change from one organization to another, they are all likely to include certain elements, as listed below.

COA Responsibilities

Condominium Association Failures – Know Your Rights

Published on: September 3, 2021 | Anthony Quackenbush, Esq.

The collapse of the Champlain Towers South condominium in Surfside, Florida was a terrible tragedy that could have been avoided. We now know that the condominium association had received an assessment in 2020 indicating serious structural damage and that the association was planning to make much-needed improvements. Sadly, time ran out. Recently, a Miami-Dade judge approved the sale of the property in order to provide sufficient funds to pay for the many lawsuits and insurance claims from the survivors and the families of those who were not so lucky.

The condominium association is responsible for overseeing the management of the building, collecting fees and managing expenses, ensuring sufficient insurance coverage, and making repairs to common elements. Condo owners are responsible for ensuring and maintaining their own units, as is any homeowner.

Negligence to the degree that caused the tragic collapse of Champlain Towers South is very rare, but injuries caused by negligence in condominiums are common. If you have been injured in a condominium, you have the right to receive compensation.

Injuries at Amusement Parks, Water Parks, and Resorts in Florida

Published on: August 9, 2021 | Anthony Quackenbush, Esq.

Florida is one of the most visited vacation destinations in the world. With numerous amusement parks, water parks, clubs, and beaches, not to mention NASA and the Daytona Racetrack, there are more reasons to visit Florida than almost anywhere in the world. Most of these destinations do their best to keep their property safe, but accidents can happen. We hope you are never injured when you are visiting Florida, but if you are, be sure to get immediate medical attention, inform a person of authority at the accident location (the manager on duty), document and take pictures of everything, and get names of witnesses and statements if possible.

Hopefully, you will recover without incident. If your injuries are severe or long-term and you believe someone else’s negligence contributed to your injury, you might be entitled to compensation under Florida law. In order for you to receive compensation, the following conditions must be met:

a third party had a duty to exercise reasonable care

Hurt on Vacation in Florida? What You Should Do

Published on: June 24, 2021 | Anthony Quackenbush, Esq.

Florida could be called the unofficial entertainment capital of the world. We have hundreds of attractions: amusement parks and theme parks, beaches, resorts, cruises, Everglade tours, art attractions, specialty zoos, and so much more. It really is a magnificent state, which is why more than 100 million people visit from all over the world every year. With so many visitors, it is inevitable that there will also be accidents.

If you are injured while on vacation in Florida, your rights to seek damages are the same as they are anywhere else. The difference is that since you are from out of state and will presumably return home, you will need an expert personal injury lawyer here in Florida to continue to fight your fight while you go home to recover.

Types of accidents while on vacation in Florida

Dog Bites: Know the Florida Law

Published on: April 12, 2021 | Anthony Quackenbush, Esq.

Florida has specific laws that hold dog owners accountable for dog attacks. If you’ve been bitten by a dog in Florida, the statute of limitations (the legal deadline) for filing a lawsuit is four years from the date of the incident. In rare circumstances, that may be extended, so it’s important to check with an experienced personal injury attorney to see if you qualify for that extension.

Florida Statutes Pertaining to Dog Bites

In a nutshell, Florida law holds dog owners liable for injuries caused by their dog biting someone in a public place or if the person is lawfully in a private place, such as the dog owner’s property. It doesn’t matter if the dog never bit anyone before or if the owner never suspected the dog was dangerous. If “Bad Dog” signs were posted, or if the person bitten was trespassing or in some way provoked the attack, the victim’s ability to receive compensation may be reduced, but he or she may still get some compensation.