Polk County Legal Blog

Can I take action if my child was injured while trespassing?

On behalf of Smith, Feddeler & Smith, P.A. posted in Injuries on Wednesday, February 27, 2019.

Generally speaking, when a person is trespassing on a property and injures themselves as a result, they do not have the right to make a premises liability claim. This is because the owner does not have the responsibility to make a property or piece of land safe for visitors if it is not accessible by the public.

However, like every rule, there are exceptions. In regard to premises liability law and trespassing, there are many exceptions to this general rule. One of these exceptions applies to children. Children, of course, do not have a clear understanding of what trespassing is, especially if they are younger in age. Therefore, all landowners should be aware of the possibility of children to trespass on their property. As a result of the awareness of this risk, they have the responsibility to react accordingly.

The potential prognoses of a traumatic brain injury

On behalf of Smith, Feddeler & Smith, P.A. posted in Injuries on Wednesday, January 16, 2019.

One injury that, unfortunately, commonly occurs after a severe car accident is a traumatic brain injury. Traumatic brain injuries occur as a result of an impact to the head, and the greater force of the impact, the more severe the injury is likely to be.

If your loved one has suffered a traumatic brain injury after a car accident in Florida, you will certainly be very concerned for their well-being and will wonder what the likely prognosis will be for their injury. In addition, you may be wondering whether the responsible driver will be held accountable for causing such life-changing injuries, and how damages should be sought.

Claiming disability benefits for blood clots in Florida

On behalf of Smith, Feddeler & Smith, P.A. posted in Social Security Disability on Wednesday, December 5, 2018.

Almost 5 percent of Florida residents are receiving Social Security Disability benefits from the state. This means that they have gone through the application process successfully and have proven that they meet all the guidelines.

Although many people in the state of Florida manage to successfully claim disability benefits, the rate of failure is actually quite high. Sixty-five percent of first time applicants are unsuccessful. However, this does not mean that they will not be successful on future appeals.

The rights of Florida tenants to a safe property

On behalf of Smith, Feddeler & Smith, P.A. posted in Injuries on Wednesday, October 24, 2018.

If you are a tenant in a Florida apartment, or if you own a condominium, you are not in full control of the communal spaces that exist in the building. This means that you, as a tenant or condominium owner, do not have the responsibility to maintain these spaces. It is the responsibility of the building owner.

When building owners are not engaged with the maintenance of their property, injuries can occur. If you have become injured as a result of poor safety standards in your Florida building, it is important to know that you may be able to take legal action to recoup damages.

What steps should be taken after an injury at school?

On behalf of Smith, Feddeler & Smith, P.A. posted in Injuries on Wednesday, September 12, 2018.

When children become injured while attending school, it can be a very stressful time for you as a parent. It may mean that you need to take time off work in order to care for your child while he or she recovers, and it is likely that medical expenses will occur.

If you are dealing with a situation where your child has been injured, it is important that you take the time to understand your legal rights. It's also a good idea to consider the best possible car plan for your child while he or she is in recovery.

Would autonomous cars be safer?

On behalf of Smith, Feddeler & Smith, P.A. posted in Car Accidents on Wednesday, August 1, 2018.

Many people feel wary about the idea of autonomous or self-driving cars. They cannot shake the feeling that the computer could make a mistake and cause a deadly accident. Is a line of code really going to lead to the end of their life? Do they have to worry about programing errors sending a car speeding out of control, with no way to stop it?

How safe would these cars really be?

Potential signs of brain injuries in children

On behalf of Smith, Feddeler & Smith, P.A. posted in Injuries on Wednesday, June 20, 2018.

Brain injuries are very complicated. The signs and symptoms differ from one incident to the next, making them a challenge to diagnose and treat uniformly. This is especially true for children, since they cannot always express their symptoms accurately -- or, in some cases when they are very young, they are unable to describe their symptoms at all.

Choosing caution

5 safety hazards you may find on someone else's property

On behalf of Smith, Feddeler & Smith, P.A. posted in Injuries on Thursday, May 10, 2018.

You spend more time than you realize on other people's property. Every time you visit a friend, drop by the grocery store or stay in a hotel, you're putting your own safety in someone else's hands.

You expect the person who owns that property to maintain it and ensure that it's safe. You take these things for granted. Unfortunately, many property owners do not hold up their end of the deal. They leave dangerous conditions in place through ignorance or negligence. The risk of injury surrounds you.

5 major risk factors for teen drivers

On behalf of Smith, Feddeler & Smith, P.A. posted in Car Accidents on Wednesday, March 28, 2018.

Your teen, along with his or her friends, can legally get a driver's license at 16. That may feel way too young to you; as a parent, you still feel like it was only yesterday that you brought that little baby home from the hospital. But lawmakers have decided that 16-year-olds are mature enough to handle these 3,000-pound machines.

Unfortunately, teen drivers do pose a lot of risks, primarily because they do not have experience behind the wheel. Some would argue that they're not as ready to drive as lawmakers believe they are.

Distracted driving is more than texting

On behalf of Smith, Feddeler & Smith, P.A. posted in Car Accidents on Thursday, February 15, 2018.

You tell your children not to text and drive. You mention it every time either one of them, both teens, decides to leave the house. They roll their eyes, but you keep saying it.

You also resolve never to do it yourself. You don't even check your messages at stoplights, as many people do. Often, you turn the phone off until you get to your destination. You've heard about the dangers of distracted driving, and you never want to feel distracted behind the wheel.

Can I take action if my child was injured while trespassing?

The potential prognoses of a traumatic brain injury

Claiming disability benefits for blood clots in Florida

The rights of Florida tenants to a safe property

What steps should be taken after an injury at school?

Would autonomous cars be safer?

Potential signs of brain injuries in children

5 safety hazards you may find on someone else's property

5 major risk factors for teen drivers

Distracted driving is more than texting

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