Jacksonville Injury Lawyer Blog

In Florida, when a person gets food poisoning or contracts a food-borne illness from food purchased at a grocery or restaurant, the retailer is held strictly liable for such illness. Contaminated food, for the purposes of law-suits, is considered to be just like any other defective product. A retailer is responsible for selling a defective product regardless of how much care they took in its storage, construction or preparation. This is good for people who have suffered from food poisoning. Food poisoning can be caused by many sources such as food contaminated by viruses or bacteria, mishandled food, improperly stored food, unsanitary workers, under-prepared food, foreign substances in food, etc.

One problem with holding retailers accountable however is showing that the contaminated food actually came from that particular retailer. One way to ensure that you receive the compensation you deserve is to act quickly when illness strikes. If you believe you have been the victim of food poisoning:

1) seek immediate medical attention (and inquire whether others have recently been seen for food poisoning)

2) preserve any of the remaining food for testing;

3) preserve the packaging for identification;

4) call the health inspector and report the incident;

5) call an attorney quickly.

Under a new Florida minors 6 thuru 16 years old who want to ride an ATV or dirt bike on public property must complete an off highway vehicle safety course.

We believe in this new law. I hope that even those parent who let their children ride on private property also have their kids get the certification.

In 2006, the U.S. Consumer Product Safety Commission reported 555 died while ATV riding. Children younger than 16 made up 111 of those deaths.

The Florida Department of Highway Safety and Motor Vehicles reported in 2006 that 771 crashes were related to ATVs. More than 680 involved injuries, while 23 were fatal.

Those without their certificates will be charged for a noncriminal infraction and may be fined up to $100, or have their privilege revoked.
Again, the law does not pertain to private property but we would love to see all riders get certification.

Did you know that most of the fireworks used in Jacksonville are illegal? Under Florida statutes, any firework that flies, detonates or explodes is illegal. Thanks to an exception in the law, vendors are free to sell everything from smokebombs to roman candles as long as the customer signs a waiver.
The waiver does not reduce the purchaser’s liability; it safeguards the seller in case of any injuries or damages resulting from the use of their products. Setting off banned fireworks is a first-degree misdemeanor punishable by up to a $1,000 fine and one year in jail if they are not being used for the stated exception.

Because of all the burn injuries we see in Jacksonville and Florida we reiterate that the best place to watch fireworks is a show put on by a professional, not your neighbor.

With Jacksonville about to celebrate July 4th I though this would be a good opportunity to talk about fireworks safety. Last year 40% of those involved in fireworks accidents were under age 15. 23% were under the age of 5.

The safest thing to do is to not light any fireworks at home. Go to a public display or watch it on television. If you do use them at home keep these safety tips in mind:

Children should never play with fireworks. Even sprinklers can reach 1,800 degrees.

Never try to make your own fireworks and buy only legal fireworks.

Never hold fireworks in your hand.

Never, ever relight a dud.

Don’t pick up pieces of fireworks after they have exploded. Some may still be lit.

Soak all fireworks in a bucket before putting them in the trash.

The graph above demonstrates possible thermal injuries to the skin arising from varying hot water temperatures over time. Note the nearly logarithmic progression.

In Jacksonville hundreds of people each year are burned by hot water. Last year there were over 3,000 people in this country burned by excessively hot tap water. 34 of these injuries involved death. The majority of these accidents involve senior citizens and children under the age of five. The U.S. Consumer Product Safety Commission (CPSC) urges all users to lower their water heaters to 120 degrees Fahrenheit. We have represented adults and children burned by hot water from baths, showers and even hot coffee.

Most adults will suffer third-degree burns if exposed to 150 degree water for two seconds. Burns will also occur with a six-second exposure to 140 degree water or with a thirty second exposure to 130 degree water. Children and elderly adults will burn even quicker because of their thinner skin.

Various procedures for lowering water temperature in the home exist, depending on the method of heating. Here are some suggestions:

Electric water heaters. Call your local electric company to adjust the thermostat. Some companies offer this service at no-charge. Hot water should not be used for at least two hours prior to setting. To make the adjustment yourself, start by shutting off current to the water heater, then turn off the circuit breaker to the heater or remove the fuse that serves the heater. Most electric water heaters have two thermostats, both of which must be set to a common temperature for proper operation. To reach these thermostats you must remove the upper and lower access panels. Adjust the thermostat following the instructions provided with the appliance. Hold a candy or meat thermometer under the faucet to check water temperature.

Gas water heaters. Because thermostats differ, call your local gas company for instructions. Where precise temperatures are not given, hold a candy or meat thermometer under faucet for most accurate reading first thing in the morning or at least two hours after water use. If reading is too high, adjust thermostat on heater, according to manufacturers instructions, and check again with thermometer.

Furnace heater. If you do not have an electric, gas, or oil-fired water heater, you probably have an on-line hot water system. Contact your fuel supplier to have the temperature lowered. If you live in an apartment, contact the building manager to discuss possible options for lowering your tap water temperature. Reducing water temperature will not affect the heating capacity of the furnace.

The CPSC notes that a thermostat setting of 120 degrees Fahrenheit (49 degrees Celsius) may be necessary for residential water heaters to reduce or eliminate the risk of most tap water scald injuries. Consumers should consider lowering the thermostat to the lowest settings that will satisfy hot water needs for all clothing and dish washing machines.

Never take hot water temperature for granted. Always hand-test before using, especially when bathing children and infants. Leaving a child unsupervised in the bathroom, even if only for a second, could cause serious injuries. Your presence at all times is the best defense against accidents and scaldings to infants and young children.