Winston Law News – February 2021
Legal tips everyone should follow
You don’t need an attorney for everything but you do need to be cautious. Here are some basic legal tips that will help you maneuver some of the complexities of our lives. Beyond legal advice, these are basic rules we should all live by to create a secure environment for ourselves and the people we love.
Brad Winston named to Florida’s Legal Elite, again
We’re excited to announce that Bradley Winston, founding partner of the Winston Law Firm, has been named to Florida’s Legal Elite by Florida Trend Magazine. The honor comes after an extensive voting process by members of the Florida Bar Association.
Florida restaurant brings business interruption insurance to the high court
The operator of a Miami restaurant has asked the U.S. Supreme Court to rule on business interruption insurance. The fate of thousands of claims weighs heavily on the outcome of the top court’s decision.
A class-action lawsuit against auto insurers seeks to stem rising costs
Auto insurance increased in many states during the past year even though fewer people drove due to the pandemic. Nevada filed a class-action lawsuit against 10 auto insurance companies for price gouging. State officials nationwide are watching this case closely, and so are consumers. Do you deserve a refund or a lower rate?
Texas power grid operator faces a $100 million lawsuit linked to child’s death
The family of an 11-year-old Texas boy who died during power outages and freezing temperatures has filed a $100 million lawsuit against their electric company and the operator of the state’s power grid for a total of $100 million.
Parents need to brush up on the law
Parenting occasionally intersects with the law, requiring at least a basic understanding of legal concepts. Here’s legal information all parents should know.
Reasons why you need an attorney
Hiring an attorney is a big step, and it’s often a scary one. You can’t help but wonder if it’s worth the expense and winning is rarely guaranteed. Here’s a look at why hiring an attorney is often the best option instead of going it alone or not fighting at all.
Amazon forced to pay overdue tips to Flex drivers
Amazon Flex drivers might finally get their much-overdue tips. Amazon will pay $61.7 million to settle allegations over stolen driver tips over two and a half years.
Family of a woman who died drinking hand sanitizer sues
The family of an Illinois woman who died drinking hand sanitizer with methanol is suing the manufacturer. The family says 4e Brands of North America delayed announcing the dangers of its product.
Common tenant defenses to eviction notices
The pandemic has put many property owners in tough positions, including facing angry tenants in court. Here’s a look at some of the more common defenses tenants use against landlords.
Follow these tips when your accident claim exceeds the limits
When you’ve been injured in an accident and your car is damaged, you expect to be covered. However, you might not receive all that you’re due. Here’s how to deal with a claim that exceeds the payout limits.
Winston Law News – January 2021
Essential steps of a personal injury lawsuit
The process of filing a personal injury claim and lawsuit is often specific to the kind of claim you have and where you happen to reside.
Bill could protect Florida businesses from COVID-19 lawsuits
Under proposed legislation, Florida businesses may soon be protected from coronavirus lawsuits if they made a good effort to follow state guidelines to prevent the virus’s spread.
Parents sue school district over bullying and son’s death
Bullying in school is serious, and now the courts are allowing parents to fight back. The parents of an Ohio student who killed himself after repeated bullying are suing the school district for negligence and failing to alert them to problems and injuries to their son.
Product liability lawsuits ensure consumers’ safety
If you or someone you know has been injured or even killed by a product defect, a product liability lawsuit can be essential for compensating for loss and injury. Plus, these lawsuits force manufacturers to improve product safety for others.
Injury lawsuit could lead to sweeping change at theme parks
The death of a theme park guest at Universal Studios and a subsequent lawsuit could force all U.S. parks to post warning signs in Spanish.
Can you sue for food contamination?
With so many people opting for take-out and delivery, the safety of our meals has never been more in question. If you wind up in the hospital for several days due to a contaminated meal, you’re well within your rights to have the restaurant that served you cover your medical expenses.
Can employees be forced to receive a COVID-19 vaccine?
With states rolling out the COVID-19 vaccine, many employers wonder if they can require employees to get vaccinated. Here’s what you need to know.
Companies can dismiss employees over hate speech posted online
Employers can fire their staff for hate speech on social media. But bosses need to ensure they’re following state laws and the National Labor Relations Act (NLRA). Here are some tips, for both employers and employees, for staying within the legal parameters.
Capitol protestors losing their jobs
Protestors who took part in the siege of the Capitol Building in Washington DC, last week are feeling the consequences of their actions. Several have lost their jobs. But will their dismissals stand up in court?
Steps to take if your medication is recalled
When your medication has been recalled, check with your pharmacist and doctor before making any change. They will be able to let you know the best course of action.
How to protect your business from a data breach
Many businesses have been ruined by data breaches. Here’s how to protect your business and customers.
Winston Law News – December 2020
Riding a motorcycle safely and legally in Florida
When temperatures drop in Florida, motorcyclists take to the streets in droves. It’s not uncommon to see a gaggle of hogs on a Sunday just taking in the sights and the blue skies. For motorcyclists, there are plenty of laws that apply just to them. And for regular drivers, there’s a lot to be aware of when encountering a motorcyclist or a cluster of them on the road.
Publix sued over employee’s COVID-19-related death
The family of a Publix employee who died after contracting the coronavirus says the supermarket chain failed to properly protect employees.
Hyundai owners file class-action lawsuit over recall
Hyundai faces a class-action lawsuit filed by 200 vehicle owners over a string of battery fires in the Kona EV.
Navigating homeowners association rules in a COVID-19 world
As COVID-19 cases increase, so are the disputes over masks. If you live in a closed community, can your homeowners group impose more restrictions than state and local governments?
Chipotle customer files a food recall lawsuit
Chipotle faces yet another lawsuit stemming from a food recall. A customer, who spent days in the hospital with a gastrointestinal illness after eating a salad bowl, wants the chain to cover medical expenses.
A look at how business insurance coverage affects personal injury lawsuits
Your business insurance might not cover losses linked to the pandemic, but it may just cover a personal injury lawsuit.
Workplace injuries that could ruin your business
When an employee files for workers’ compensation, they lose the right to sue their employer for damages due to pain and suffering. These claims don’t require proof of fault. However, there are instances when an employee can file a personal injury claim.
Data breaches are common and now so are lawsuits filed by consumers
Facebook users could be seeing some extra money in their bank accounts thanks to a lawsuit over a security lapse that enabled hackers to steal 30 million users’ information.
When to settle a lawsuit
Should you settle your lawsuit? Well, there’s no definitive answer. But here’s something to think about.
Tesla’s autopilot issues: recall or defective product
Should Tesla’s often criticized autopilot be subject to a defective product lawsuit?
How to recognize workers’ comp fraud
Small-business owners face countless hurdles, especially in this economy. Knowing how to recognize the signs of workers’ comp fraud could protect the longevity of a business.
What legal rules apply when your child is injured in an accident?
If your child is injured in an accident, can you sue? The answer: most certainly, yes.
Winston Law News – November 2020
Ensuring Your Child’s Safety At School
School administrators and teachers are charged with caring for your child when in their care. If harm comes to your child, who’s to blame for your child’s illness or injury often depends on where they go to school.
Personal injury lawsuits: A look at the damages you can claim
Depending on the specifics of your accident and injuries, you may be entitled to several types of damages from your personal injury claim. Here’s a look at the different damages, and what you might want to consider.
Not safe to bike indoors; Peloton issues recall
Could the ride be over for Peloton? The fitness company recalled more than 25,000 exercise bikes because of a reported “laceration hazard”.
Contractor sues YouTube for unsafe working condition
A contractor who worked as a moderator for YouTube through 2019, accused it of failing to protect workers who have to catch and remove violent videos posted to the site.
Nurse sues employer for exposing her to COVID-19
A Miami nurse is suing her employer after she said she was deliberately exposed to COVID-19. The nurse, who works at a doctor’s office, said the physician refused to let his staff test for the coronavirus without his approval.
How to get your employees to return to working in an office
As employers begin to require employees to return to the workplace, many worry about COVID-19-related litigation. Here are several legal and safe ways to bring employees back to the workplace.
Delving into product liability cases
Defective products are known to cause thousands of injuries and deaths every year in the U.S. Recently, Kids in Danger, a nonprofit advocacy group, reported the largest number of children’s deaths – 38 – before a children’s product recall in the 19 years since it has been analyzing recall data.
Honda reports another Takata airbag death
A defective Takata airbag killed a Honda driver in August, making it the 17th death caused by the shrapnel-shooting airbags in the U.S. Takata airbags have been the focus of the largest recall in U.S. automotive history.
38 children’s deaths linked to recalled products
The safety and advocacy group Kids in Danger (KID) reported the largest number of children’s deaths – 38 – before a children’s product recall in the 19 years since it has been analyzing recall data. Take a look at KID’s key findings.
Dog attack injures three in Florida
A vicious dog attack in Cape Coral left three people hospitalized. The dog, which had been tied up, escaped and began attacking people nearby.
How to deal with a dog attack – as a victim or pet owner
On average, 1,000 people a day are attacked by a dog. Every year, some 14,000 people are hospitalized with dog bite injuries. If you’re attacked by a dog, you need to know your rights, and if you’re a dog owner, you need to know your options.
McDonald’s ordered to pay employees in California $26 million
McDonald’s will pay fast-food workers in California $26 million. Employees at its corporate-owned locations said the company failed to pay overtime or minimum wage, failed to provide breaks and promised meals, and often didn’t pay on time or in full. Employees will receive an average of $333, with some receiving as much as $3,927.
Winston Law News – October 2020
National eviction ban: Impact on landlords and tenants
The CDC ordered a national ban on evictions that lasts until Dec. 31 to help individuals, businesses, and families affected by the coronavirus pandemic.
Millennials and seniors share a similar trait; easy scam victim
Millennials and seniors are easy scam victims. Millennials reported losing an average of $400 to scams. Adults 40-50 reported losing about $500, and for those over 80, the median amount was a whopping $1,700.
Doctor sued for fertility fraud
The family of a Dallas woman is suing her fertility doctor, who said she was receiving an anonymous donor’s sperm but used his instead.
How employers can effectively deal with personal injury lawsuits linked to COVID-19
Dealing with COVID-19 as an employer can be tricky. Can you effectively protect your business even if you follow all the rules and safety guidelines? This overview of the challenges and solutions can help.
When you file your personal injury lawsuit could weigh heavily on the outcome
Timing makes a big difference when filing a personal injury lawsuit. In Florida, you have a two-year window from the time of the accident to when you’re time is up to file. Here are more tips for filing a personal injury lawsuit.
Winston Law News – September 2020
ARE YOUR PROPERTY AND INSURANCE HURRICANE READY?
With wildfires burning in California and Oregon, a hurricane threatening the Gulf states and five storms in the Atlantic, you’re likely wondering if your home is ready for a natural disaster and if your insurance carries the proper coverage. And if you’re not wondering, you should be.
Are temperature checks the answer for creating a safe work environment?
Universal Studios in Orlando uses temp checks for people going to their amusement park. Should you do the same with your business?
Monitoring your credit is essential to avoiding problems
Keeping track of your credit can alert you to issues, including fraud, that can jeopardize your finances, both personal but business. A problem with your credit could easily have legal ramifications.
Miami restaurant loses business interruption insurance claim
A popular Miami restaurant was denied its business loss claim after road construction restricted access. This case shows how tricky these claims can be for business owners.
Dog bites are on the rise, and so is the danger of a claim against you
Approximately 4.7 million dog bites occur every year in the U.S. But this year, dog bites have increased. Here’s what owners need to know about dog bite claims and liability regardless of where you live.
Winston Law News – August 2020
Should Employers Require COVID-19 Waivers?
Employers across the U.S. have adopted COVID-19 waivers. When it is wise to use a waiver, and what should it include?
Employers can find safe ways for workers to report their COVID-19 risk
It’s not uncommon for employees to hide their COVID-19 infection, fearing backlash from their co-workers and supervisors. Here are some tips for how to get your employees to report their risk without fear.
Documentation is key to winning a personal injury lawsuit
Documentation can make or break your case. Photos helped clinch a $100,000 settlement for the family of a 7-year-old girl attacked by a pitbull.
Businesses get aggressive in their fight to limit financial losses
With insurance companies denying COVID-19 claims for lack of physical damage or loss to property, bad faith lawsuits are soaring, and businesses are suing their insurers in increasing numbers.
Carole Baskin faces a lawsuit filed by her late husband’s family
Carole Baskin of “Tiger King” fame faces a lawsuit by her late husband’s family. They’re offering a $100,000 reward for information about what happened to him.
Winston Law News – July 2020
A Review of the Most Common Commercial Insurance Claims
The pandemic made one thing clear. Businesses need insurance and the right amount of coverage. Read our blog for a review of the top commercial insurance claims.
Mask opponents in Palm Beach lose first legal battle
Business owners throughout South Florida are among the many mask opponents taking their beef with government regulations to court. However, the results so far have been less than successful. A judge in West Palm Beach has upheld the county’s mask requirement.
Should Congress protect businesses from COVID-19 lawsuits?
Business advocates say legislators need to create protections so businesses aren’t inundated with COVID–19–related lawsuits from employees and customers.
Could short-term leases spell relief for commercial property owners?
With many landlords struggling to collect rent, short-term leases could provide a solution for property owners in need of tenants and tenants short on cash.
Beware of hand sanitizers with methanol
Target and Walmart are among the stores selling hand sanitizers recalled because they contain methanol, also known as wood alcohol. In all, 77 brands have been recalled.
Winston Law News – June 2020
To Wear a Mask or Not to Wear a Mask
Florida doesn’t require its residents to wear masks, but plenty of cities and counties across the state do. In Miami, police will issue $50 fines to those caught in public without a mask. However, enforcement of the law remains to be the step not taken.
Mom sues former employer, says she was fired for not keeping children quiet during work calls
A California woman is suing her employer, saying she was fired because her kids kept disrupting her work calls. We’ve all encountered an employee trying to work with kids running around. Is that a fireable offense?
A lawsuit against American Airlines alleges abusive flight attendant
A Miami woman is suing American Airlines after a flight attendant woke her up and shook her violently for allegedly taking an extra blanket.
How credit card information is stolen
Thieves need only seconds to steal your credit card information. Here are the five top ways they get your information and how you can protect yourself against fraud.
Popular home security system vulnerable to hacks
According to a report by Forbes Magazine, SimpliSafe leaves nearly 300,000 people vulnerable to hacks.
Tips for PPP Loan forgiveness
Not having to pay back your PPP loan is a huge benefit. But there are lots of rules to follow to ensure all the requirements for loan forgiveness are met.
What happens when a hurricane collides with a pandemic?
It could very well happen. Meteorologists say the 2020 Atlantic hurricane season will be busy with as many as 19 named storms and 10 hurricanes.
Can you be required to wear a mask?
In short, yes. In a pandemic, governments have the authority to do a lot of things that would otherwise be questionable.
Critical information all life insurance beneficiaries should have
COVID-19 has highlighted the importance and failures of insurance. Here are 10 things you should know if you’re a life insurance beneficiary.
Broward businesses that flout county COVID-19 guidelines will face closure
Business owners take note: Broward County businesses found to be violating laws related to social distancing and facial coverings will be shut down.
Social Media: How your posts can make or break your lawsuit
It’s almost second nature to share our stories of success and struggle with our social network of friends. However, if you have a pending lawsuit, those posts can work against your case.
Amazon employees sue over lack of safety
While the overall number of COVID-19-related lawsuits against employers remain few so far, some larger employers face lawsuits for failing to protect employees. Amazon warehouse workers are suing the retailer, saying the company put them and their families at risk of catching the coronavirus.
Double-check your trash for your stimulus check
People eager to receive their stimulus check in the mail have mistakenly thrown it out because it looks like junk mail. Here’s what to look out for in your mailbox.
Recall: Nissan hoods may open unexpectedly
As many people begin venturing outside and driving, take note of this important auto safety announcement; Nissan expands the Altima recall because hoods could open unexpectedly. The recall affects models that have been recalled three times already.
Businesses Reopening: Weighing personal responsibility vs. employer responsibility
While businesses and offices slowly reopen, employees are faced with understanding what their employers are required to do to secure their safety at work and what is their own responsibility.
Delicate Balance: Personal Responsibility and Employer Requirement
While businesses and offices slowly reopen, employees are faced with understanding what their employers are required to do to secure their safety at work and what is their responsibility.
Did McDonald’s put its employees in danger?
McDonald’s employees filed a lawsuit claiming they worked in unsafe conditions. Their beef: not enough hand sanitizer, gloves and masks. Don’t let this happen to your business.
Take these steps to file an insurance claim correctly
Here’s how to file a business insurance claim – the right way. We can help if you don’t want to go it alone.
How to reopen your business safely
Many small businesses fear reopening and putting their businesses at legal risk. Here are tips to reopening safely.
Complaint website takes reports of Florida businesses flouting guidelines
The Florida Department of Business Regulation set up a website to hold businesses accountable when they’re seen breaking social distancing rules. What will enforcement look like?
Winston Law News – May 2020
Helping businesses survive COVID-19
How does a small business survive when cash flow has been diminished due to the COVID-19 crisis? The government’s Paycheck Protection Program (PPP) was designed to give businesses a boost and keep them sustainable while community-wide lockdowns persist. But even that funding was tenuous. What recourse is there now?
Personal injury cases might be delayed, but don’t let that stop you
Don’t let COVID-19 stop your personal injury claims. Cases will move forward. Here’s a look at what a personal injury settlement entails.
Property owners are struggling too
Landlords and commercial property owners are struggling to cover their bills as tenants default on lease payments. There are options for tenants and property owners alike.
Companies take on insurers over business interruption claims
Businesses across the country are stepping up their fights against their insurance companies for denying their loss of income claims due to the COVID-19 crisis.
Disney and Universal sued by two park visitors injured on rides
We encourage anyone with an injury claim to contact us. We’re taking cases and hard at work. Consider the situation of two theme park visitors. Each is seeking more than $30,000 in damages after being injured on two separate rides.
Winston Law News – April 2020
How commercial property owners can successfully navigate the COVID-19 economy
Commercial property owners are faced with navigating in a coronavirus world where buildings sit empty, businesses struggle to pay their bills and the nation’s economic future appears murky. These tips will help property owners and landlords manage through these difficult times.
Healthcare workers could sue for the lack of protective gear on the job
Healthcare workers wonder about legal remedies because of their exposure to COVID-19 and a lack of protective equipment. What kind of case do they have?
How coronavirus is crippling courts
The coronavirus outbreak and shelter-in-place orders significantly impact current and pending court cases. Here’s a look at what’s happening nationwide. But if you’re caught in this legal limbo, check with your attorney for next steps.
Coronavirus life, death decisions could make hospitals liable in a post-pandemic world
Are the life-and-death decisions made by healthcare workers and hospitals setting them up for future lawsuits?
Making commercial property resistant to economic ups and downs
Here’s how commercial property owners can use technology to become resilient to societal trends and a fluctuating economy.
Winston Law News – March 2020
Winston Law Helps Businesses During the Coronavirus Crisis
Our legal team reviews business insurance documents and assists with filing claims – all at no cost – for business interruption and loss of revenue.
Paid sick leave: Loopholes could hurt your business and your employees
As millions of Americans are forced to stay home under lockdown or quarantines, the complexity of sick leave laws threatens their security and businesses functioning as usual.
Can a government stimulus package help your business?
The U.S. government is considering sending direct cash payments to Americans in the next two weeks as part of a massive economic stimulus package.
Thousands of businesses, renters face eviction during the coronavirus crisis
Community and business lockdowns mean lots of companies and renters might not be able to make their monthly payments. Here’s a look at how some landlords are handling the situation.
What is your business’ legal responsibility to your employees?
Companies should start reviewing their policies and employee benefits to fully understand how their employees are covered during the coronavirus crisis and community lockdowns. Here are eight steps you can take now to ensure your business and your employees are safe during so much uncertainty.
Winston Law News – February 2020
SLIP AND FALL CLAIMS: WHAT YOU NEED TO KNOW ABOUT FILING IN FLORIDA
If you’re injured in a slip and fall accident, it’s essential to have proof of the property owner’s negligence. Nothing hurts your case more than evidence to the contrary.
Who’s to blame when your Amazon purchase is defective?
Amazon’s liability comes into question in cases like that of a woman who was blinded in one eye from a malfunctioning dog collar she purchased on the site. Should Amazon share in the blame?
Residents sue individual for causing neighborhood eyesore
When your neighbor’s property is a visual nightmare, can you sue? Residents in a Naples community are doing just that after an extreme paint job.
Ceiling fans recalled because blades could fall off
Heads up! About 70,000 ceiling fans sold by Lowe’s have been recalled following more than 200 reports of broken or flying fan blades.
Injured amusement park visitors sue for millions
Amusement parks are all fun and games until someone gets hurt. Busch Gardens in Virginia faces two lawsuits totaling $2.25 million by visitors who say the park’s negligence led to their injuries.
Winston Law News – December 2019
Most common personal injury lawsuits
Accidents are common, but jumping into litigation takes careful thought. Here’s a look at the most common personal injury claims. A consultation with a lawyer to review the specifics of your case will help determine if you should pursue it.
How some doctors profit from personal injury lawsuits
Could doctors in Florida be profiting from personal injury lawsuits? According to a report from The Wall Street Journal, MDs in several states, including the Sunshine State, have found a way to cash in on lawsuits, the Wall Street Journal reports.
Are you entitled to money from a $6.3 million infants Tylenol settlement?
Parents who bought Infants’ Tylenol in the past six years could get money back from a $6.3 million lawsuit settlement with Johnson & Johnson. Here’s how.
Thousands of Florida teachers eligible to receive money from a class-action lawsuit
If you’re a public school teacher in Florida, you could receive money from a class-action lawsuit. Here’s what you need to know.
Ride-sharing scooters could be accidents waiting to happen
The scooter-sharing company Revel is going all-in in South Florida. But already this new service faces dozens of lawsuits. Read this before hopping on for a spin.
Winston Law News – November 2019
Holiday Safety: Planning ahead reduces risks
Whether you’re traveling this holiday season or staying put, dangers lurk no matter where you go. Planning your holiday festivities ahead of time ensures you reduce risks, keeping you and your loved ones safe.
Cruising for an illness
Hopping on a cruise for Thanksgiving has become a great way to spend the holiday. Take precautions to ensure you’re safe from illness when you take to the high seas. Here’s what you need to know.
Do cruise lines skimp when it comes to hiring medical personnel?
A lawsuit filed against Carnival Cruise Lines alleges that the company hired an unlicensed doctor.
Family of heart attack victim wins lawsuit, speaks out about cruise ship death
The family of a man who suffered a heart attack on a cruise ship in Alaska is speaking out after being awarded millions by a federal jury in Miami.
Jury awards $157 million to the gay spouse of a deceased smoker
A Florida jury awarded the gay spouse of a dead smoker $157 million from two cigarette makers. The couple was not married when the victim was diagnosed with COPD, but the jury decided they would have been if Florida had allowed it.
Winston Law News – October 2019
Leaving an online review could get you sued
The right to free speech aside, leaving a negative review online could leave you open to a lawsuit. It has for many others.
Driving on Halloween doesn’t have to be scary
Halloween is just a day away. Here are some necessary driving tips to make sure Halloween doesn’t become truly horrifying.
FDA issues medication recall
Check your medicine cabinets! The FDA has issued a recall of a prescription anti-anxiety drug because of “the potential presence of a foreign substance.”
Parents sue coaches over son’s football injuries
The parents of a Georgia teen nearly paralyzed on the playing field blame coaches for their son’s injuries. Everyone knows the game is dangerous, but should coaches be held to a higher standard?
Social media can be used against you in court
Your activity on social media could put your lawsuit at risk. Here’s why you should refrain from posting, tweeting, sharing and liking if you’re involved in any kind of legal action.
Winston Law News – September 2019
Distracted drivers cause thousands of accidents, injuries and fatalities
Every day more than 1,000 people are injured in accidents caused by distracted drivers. An average of nine people are killed daily due to drivers failing to pay attention to the road.
Watch your step: Florida ranks highest in pedestrian deaths in the US
Florida is full of dangerous creatures, the most threatening of which appears to be behind the wheel. The Sunshine State is the most dangerous place in the U.S. for pedestrians, with 5,433 pedestrian deaths in one year’s time.
Distracted driving case keeps family waiting for justice
Here’s why you should put your phone down when you’re in your car. A Tampa family has been waiting three years for the trial of a man accused of causing a fatal accident that killed their son. The driver was on the phone downloading apps.
Social Security scam has people fearing their finances are in question
The latest scam has millions thinking their Social Security number has been suspended. If you receive a call like this one, don’t respond.
EEOC lawsuit claims unfair hiring practices at Davie business
A Davie construction company faces sex discrimination charges after a job applicant was told repeatedly the company didn’t hire women for the position she was seeking.
Winston Law News – August 2019
Warning Signs: The causes of drowsy driving
Fatigue from driving long hours on the road is a hazard truck drivers face while hauling loads across the country. Here’s a look at the causes of driver fatigue and the solutions.
Determining the value of your motorcycle accident claim
If you’ve gotten into a motorcycle accident as a driver or passenger, you should first consider liability and damages. The next steps will help determine the value of your claim.
How the law treats parking lot accidents
Florida saw 32 fatal accidents in parking lots in 2018. About 7,000 people reported injuries. Here’s a look at your legal recourse if you’re involved in a parking lot accident or what you can do if you’re injured in one.
95 percent of personal injury lawsuits settle before trial
If you’re considering whether to move forward with a personal injury case, this might help you decide: About 95% of personal injury lawsuits are settled before even going to trial. If you or someone you love has been harmed by the negligent actions of another, contact our offices at (954) 475-9666. We can help you take action against the responsible party and receive the compensation that you need.
Winston Law welcomes Madeleine Mannello to the firm
Madeleine Mannello is an experienced trial attorney who litigates in the areas of personal injury, wrongful death, and construction and product defects. Ms. Mannello began her legal career as an Assistant State Attorney for Broward County, and later went on to represent the State of Florida in both state and federal court as an Assistant Attorney General. As a former Assistant State Attorney and Assistant Attorney General, Ms. Mannello has tried more trials than most civil attorneys will see in their entire careers.
Winston Law News – JULY 2019
Before the Storm: Know the risk and prepare your claim
We’re entering into peak hurricane season. Know your risk ahead of time and get prepared for a storm, so you’re ready to act after it hits.
Cybersecurity experts say FaceApp poses a substantial risk
The app that lets you see an aged version of yourself might be a serious security threat. Cyber experts say FaceApp poses a risk to users because developers hold the right to share people’s personal data at will.
Census scam pops up every 10 years
Here’s how to tell if your census form is real.
There’s a good reason for turning off your phone on flights
Airlines passengers scoff at having to turn their phones to airplane mode before taking off. Turns our this precautionary measure could save the lives of everyone on your next flight.
Attorneys Bradley and Andrew Winston named Super Lawyers
We’re proud to announce that both Bradley and Andrew Winston have been recognized as 2019 Super Lawyers. The brothers made the SuperLawyers.com list of top 100 lawyers in Florida. Both have been honored by Super Lawyers numerous times throughout their careers.
Winston Law News – JUNE 2019
Attorneys Bradley and Andrew Winston named Super Lawyers
We’re proud to announce that both Bradley and Andrew Winston have been recognized as 2019 Super Lawyers. The brothers made the list of the top 100 lawyers in Florida by SuperLawyers.com for their work, reputation and success. Both have been honored by Super Lawyers numerous times throughout their careers.
Why kids shouldn’t use ride-sharing services alone
Should ride sharing companies shuttle unaccompanied minors? Lyft and Uber drivers aren’t supposed to pick up kids under 18, but they do. The recent suicide of a 12-year-old passenger has prompted many to question how the companies’ enforce their own policies.
Stopping senior scams
One in 10 Americans aged 60 and older experiences some form of abuse over the course of a year. To keep your elder loved ones from falling victim to scams, follow these essential tips.
YouTube Kids adds more parental controls, but will it make a difference?
New parental control features on YouTube Kids are designed to keep kids safe on the site. But is it enough?
Why every new business needs an attorney
Doing business means entering into agreements with customers and vendors. Don’t risk it. Here’s why your business needs an attorney.
Winston Law News – April 2019
Uber releases safety measures to ensure rider security
Uber announced rider safety procedures to ensure that its passengers get in the right vehicle and arrive at their destination safely.
DUI fatalities are down in Florida, yet some parts of the Sunshine State are more dangerous than others
A report on DUI deaths in Florida details which cities are safer for drivers and which cities you are most likely to die in a DUI crash.
Powerball winner suing her son over lottery winnings
Lottery winnings might just cost a mother and son their relationship. She’s suing, saying he mismanaged her funds, costing her millions.
Scammers abound in Florida
Florida is home to 18 of the top 50 U.S. cities for fraud, with the Miami/Fort Lauderdale area leading the pack.
Winston Law News – March 2019
IRS security ensnares legit taxpayers
The fight against IRS fraud is so tough even legitimate taxpayers are getting blocked.
UM surgeon fired for sharing explicit photos of patients online
The University of Miami fired a gender reassignment surgeon for allegedly posting graphic photos of his patients on Instagram. The account was removed, but not before transgender advocates archived the images.
Man injured in cruise ship accident sues for $10 million
A Sarasota man was nearly killed on a cruise ship after plummeting 20 feet from an onboard adventure ride.
Legal delays costing insurance fraud victims millions in premiums
Some 37,000 customers of Simple Health Care Plans are paying $6.3 million in monthly premiums for insurance that the government says is a scam.
Winston Law News – December 2018
Holiday crime: Thieves are lurking everywhere. Watch your back.
Porch pirates may be lurking in your neighborhood. But that’s not the only place you need to watch out. Here are some tips for staying safe when your shopping, traveling and at home.
Watch your doorstep: Porch pirates are on the prowl
A new study by Safewise found that Miami-Fort Lauderdale ranked third among U.S. metro areas where packages are swiped the most between Thanksgiving and New Year’s.
Tips for protecting your packages from thieves
Porch pirates are out in force looking for packages on front doorsteps. Follow these tips to keep your packages and your home safe.
Beware of Christmas tree fires
The longer you leave your Christmas tree up, the greater the chance of it burning down. About one-third of Christmas tree fires occur in January, when trees tend to be drier and the heat from lights and other decorations are more likely to spark flames.
Canned corn recalled
More than 60,000 cases of Del Monte’s Fiesta Corn Seasoned with Red & Green Peppers have been recalled because of a processing error that could lead to a life-threatening illness.
Winston Law News – November 2018
Could your cell phone give you cancer?
A new study shows that radiation from cellphones might cause tumors in rats but not in humans. However, the report does mention that the kind of radiation from cellphones has the potential to cause cancer.
Man’s best friend isn’t always friendly
Here’s a rundown of your liability if your pooch is involved in a dog attack.
Could your employees be behind your latest data breach?
A new study shows that 40 percent of data breaches are caused by employee negligence. Hackers prey on unassuming employees who leave office doors open, computers unlocked and files exposed. Their oversights could be costing your business thousands, if not millions.
Couple, homeless man concocted good deed to elicit donations
Remember the story about a couple helping a homeless man that moved millions to donate and filled our social media feeds with goodwill? It was all a scam.
Watch your back. Florida might just bite.
Florida has the highest rate of shark attacks and gator bites in the nation. But those animals aren’t the only reasons you need to be careful in the Sunshine State. There are plenty of other critters lurking about that can kill you.
Winston Law News – October 2018
Are Uber and Lyft behind the increase in fatal car accidents?
A new study released by the National Highway Traffic Safety Administration suggests that the increasing use of ride-sharing companies might be the reason behind the uptick in fatal accidents.
Broward residents top robocall lists
Robocalls are annoying for everyone. However, it’s worse for people who live in Broward County, where residents receive more calls than most areas of the country. On average, people who live in Broward receive 31 robocalls a month.
Protect your teen drivers with these lifesaving tips
Car accidents are the leading cause of death among teens. Many accidents are avoidable, and so are serious injuries. By instilling good driving habits in your teen you could be saving their life. Start by setting a good example.
Tricksters are out in force on Halloween
We love Halloween and all the treats you get. But it’s the tricks that can cause a problem and children are often the victims.
Major retailers hit by latest food recall
Large food recalls are becoming as frequent as vehicle recalls. The latest recall features 4 million pounds of salads and wraps at major retailers like Walmart, Target, and Trader Joe’s.
Studies show increase in crashes in some states with legalized marijuana
The medical benefits of marijuana are real. Just don’t smoke and get behind the wheel. Studies show an increase of 6% in the number of highway crashes in some states where recreational use of marijuana is legal.
Winston Law News – September 2018
Doctors push ban on baby walkers
Over a span of 24 years in the U.S, more than 230,600 infants under the age of 15 months were injured using baby walkers. Today, babies are injured in infant walkers at a rate of more than five per day. The American Academy of Pediatrics issued a ban on baby walkers, a move that’s supported by a growing number of doctors across the country.
E.coli scare: Publix supplier pulls 132,000 pounds of beef
We all trip and lose our balance. But if you’re injured badly in a slip and fall, here’s what you need to do.
Local Massage Envy locations cited in sexual abuse lawsuit
Massage Envy faces serious allegations of sexual abuse at locations nationwide. Now 11 women in South Florida are part of a lawsuit against the chain, claiming sexual abuse at Massage Envy locations in West Palm Beach.
Power-steering glitch prompts GM truck and SUV recall
A software problem prompts GM to recall 1 million pickup trucks and SUVs. GM says the glitch may cause the car to lose power steering. To date, authorities say this software issue has been a factor in 30 accidents, resulting in two injuries.
Why do you need car insurance? Because someone that hits you likely won’t have it.
Florida has the highest rate of uninsured drivers in the U.S., with 27% lacking coverage, meaning insured drivers are at risk of having to either foot the bill or rely on their own insurance to cover accidents that weren’t their fault.
Winston Law News – August 2018
Foodie Nightmare: Vitamix issues massive recall
The U.S. Consumer Product Safety Commission recalled 105,000 Vitamix blenders because “the containers can separate from the blade’s base exposing the blades, posing a laceration hazard to consumers.”
What to do when you slip and fall
We all trip and lose our balance. But if you’re injured badly in a slip and fall, here’s what you need to do.
FDOT offers motorcycle safety tips for drivers and bikers alike
South Florida roadways are filled with drivers and motorcyclists, and they often don’t mix mix well. Worse, the Sunshine State ranks No. 1 in motorcycle deaths. Here’s what you can do to stay safe, whether you’re driving a car or a motorcycle.
Monsanto loses big, but the cost is still high for plaintiff
No matter how big the opposition, victories are possible. A California jury says Monsanto is liable for a former grounds keeper’s terminal illness and should pay him $289 million.
Can you record people without their consent?
The answer: It all depends where you live There are federal laws prohibiting recording people without their consent. However, state laws might take precedent, and those vary broadly. Here’s what you need to know before your start sleuthing.
Winston Law News – July 2018
Winston Law Blog: When dogs attack, the law bites back
Dog bites are serious, far beyond the cartoon of a postal worker being chased from a yard. Like many accidents and injuries, a dog bite isn’t always cut and dry. If you’re bitten by a dog or your dog bites someone, the court will likely want to determine a few key points that could determine the outcome of your case.
6-year-old girl dies after dog attack
A 6-year-old girl attacked by a dog Sunday morning has died, according to her father. Florida law requires the dog be euthanized after a 10-day quarantine, unless the owner files an appeal. If that is done, the dog will be held while the appeal is pending.
Fake I.R.S. phone scam busted
The U.S. Justice Department announced that 21 people were sentenced to prison for up to 20 years for their role in a fake I.R.S. scheme. Over four years, more than 15,000 victims in the United States lost “hundreds of millions” of dollars to the sophisticated scam, and more than 50,000 individuals had their personal information misused.
Broward city offers family $475,000 after bad advice lands child in the hospital
A Lauderhill couple, who followed the advice of emergency responders and waited for their child to “poop out” the battery he swallowed, is now being offered a substantial settlement. City officials extended $475,000 in damages after the bad advice landed the child in the hospital for three months.
Hit by car riding a bike? Fight back!
It’s getting more dangerous by the day to ride a bike in South Florida. If you get hit by a car while riding a bike, follow these steps to make sure you protect your rights.
Winston Law News – June 2018
Winston Law Blog: Follow these tips to ensure swim safety
Florida routinely leads the nation in the number of drowning deaths among children under 5. Following these simple guidelines could mean the difference between life and death.
Salmonella outbreak affects pre-cut melon in 23 states, including Florida
On the heels of a dangerous romaine lettuce recall, the Centers for Disease Control and Prevention has warned that salmonella may be in pre-cut melons. The U.S. Food and Drug Administration issued the recall of pre-cut cantaloupe to 23 states including Florida.
Protect yourself from online shopping scams
Online shopping scams are common. Here’s how to spot them and to keep from becoming a victim.
Florida leads the nation in boating deaths, accidents
Florida leads the nation in boating accidents and boating deaths, according to the Florida Fish and Wildlife Conservation Commission. A study released by the commission shows a nearly 14 percent.
Credit freezes will soon be available to everyone
The big three credit reporting agencies will soon be required to let you freeze your credit file for free. A freeze can help prevent identity thieves from applying for credit cards, opening bank accounts or taking out loans in your name.
Monthly News for May, 2018
Tips for Motorcycle Safety in Florida
May is Motorcycle Safety Month, and it has never been more relevant than now for Floridians. Florida Highway Patrol reported 9,500 motorcycle crashes in 2017. About 611 people died in those accidents. Safety is at the heart of reducing accidents and deaths. The fact is, motorcyclists are 27 more times likely than passenger car occupants to die in a crash and more likely to be injured.
Romaine lettuce E. coli outbreak now includes Florida
An outbreak of E. coli linked to romaine lettuce from Arizona has spread to Florida, bringing the total number of states affected to 29. The CDC also reported 28 additional cases of illness, bringing the total to 149 since the outbreak began in March. Sixty-four people have been hospitalized, and 17 of those have developed, hemolytic uremic syndrome, a form of kidney failure that can be life-threatening.
Federal authorities investigating deadly crash that killed two teens
The National Transportation Safety Board and the National Highway Transportation Safety Administration will investigate the deadly Tesla crash and fire that killed two Fort Lauderdale high school students. While police say speed was a factor in the crash, federal authorities want to investigate whether the autopilot feature was engaged at the time of the accident.
Internet crimes cost victims more than $1.4 billion
Internet crime is up and it’s costing consumers about $1.4 billion. The FBI released a report that details the top 10 Internet crimes. Email scams and hacks topped the list, costing victims a total of $676 million.
How to avoid travel scams that could leave you broke
Travel fraud is increasing, with one in four consumers getting scammed. Turns out third-party travel resellers and their shady online marketing practices have led to 28.5 million fraudulent and misleading hotel bookings, costing consumers $5.2 billion in 2017.
Monthly News for April, 2018
Child identity theft is on the rise
Social Security numbers and other data stolen from kids are now making their way onto fraudulent tax returns. Identity theft targeting kid hints at a troubling shift in the outlook of cybercriminals, who have traditionally stayed away from buying and selling the data of children.
How Facebook and other sites track your data across the web
Facebook isn’t just tracking you when you’re signed in, it tracks you across the web, on many other websites that aren’t visibly connected to the social network. And what’s worse, it’s not the only website doing.
Woman finds a lizard in her bag of greens
Lots of cultures eat a wide variety of animals. But for one woman shopping for greens at Trader Joe’s, getting a lizard mixed into her kale, wasn’t on the grocery list.
Wells Fargo under fire again for its treatment of customers
High school students don’t have the right to vote, but it doesn’t mean they can’t protest rules and regulations they say are unacceptable. Across the country, students are pushing back against school district dress codes they deem unfair. Opposition to these rules has grown to the point that the website Change.org lists more than 500 dress code petitions in its database.
Publix announces another egg recall
Earlier this week more than 200 million eggs were recalled. Wednesday, Publix issued a recall of the 18-pack of Grade A Extra Large Eggs.
Monthly News for March, 2018
When it comes to fraud, Florida comes in first
The Federal Trade Commission found that Florida had 208,443 reports of fraud last year, about 993 per 100,000 people.
FDA: Clarithromycin can kill even years later
The FDA says people with heart disease need to be careful about using the common antibiotic clarithromycin. Heart disease patients who take the drug, sold under the brand name Biaxin, can die years later, the FDA said.
Equifax data breach just got a whole lot bigger
Equifax reported that another 2.4 million Americans were impacted by their already enormous data breach. That brings the total to 147.9 million Americans. The only good news from this recent announcement: the incremental 2.4 million people only had their name and part of their driver’s license number revealed. Most people impacted by the breach had their Social Security Number exposed, which is much more dangerous.
Wells Fargo under fire again for its treatment of customers
Wells Fargo faces yet another lawsuit. Embattled Wells Fargo is accused of adding on to fraud victims’ troubles by closing their accounts without investigating potential criminal activity.
Target jeans recalled for causing skin lacerations
Some 30,000 pairs of $18 girls’ jeans sold at Target are being recalled for causing skin lacerations and cuts to wearers.
Monthly News for January, 2018
Why are so many people dying on cruise ships?
The fatal falls of two Carnival cruise passengers in less than a week come after a year where vacation liners saw more than 30 unnatural deaths, according to an online monitor.
IRS warning: Thieves are after employee W-2 forms
The IRS says cyber thieves have set their sights on employee W-2 forms. Companies are being warned to increase security on payroll files and human resources.
Is your Explorer making you sick?
Ford is dismissing the need to recall its Ford Explorer SUV despite a growing number of drivers who have reported incidents of dizziness, nausea and vomiting to federal regulators, who are conducting an investigation into the complaints.
Takata expands recall
Takata is recalling an additional 3.3 million faulty airbag inflators as it expands the largest automotive recall in U.S. history.
Couple fights ruling denying one twin U.S. citizenship
Gay couple fights government ruling denying one twin citizenship.
Monthly News for December, 2017
Why Safety Should Be Part of Our Holiday Plans
Six people were injured this past weekend when a Christmas tree caused a fire at a home near Chicago. Here’s why safety should be an integral part of your decorating plans.
Beware Holiday Thieves; Secure Your Holiday Deliveries
Nearly 20 percent of U.S. homeowners surveyed this fall by the home-security company Ring reported having a package stolen last year, with an average loss of $140. There are steps you can take to protect your holiday package deliveries from so-called porch pirates.
Stay Safe Shopping Online
As you’re hunting around in search of bargains online, a number of scams, tricks and general dangers lie in wait for the unwary shopper. Fear not, though, because we’re here to explain how to stay safe.
Track Crime in your Neighborhood
How safe is your neighborhood? The facts and figures are only minutes away. Check the crime stats for your neck of the woods and see how they compare with neighboring Florida communities now.
Common Holiday Injuries and How to Avoid them
The U.S. Consumer Product Safety Commission says decorations are the top cause of injury during the holidays. In 2015, there were six fatalities and some 14,000 hospital-treated injuries due to holiday decorations. So here’s what to do to avoid injury.
Monthly News for November, 2017
Stay #cyberaware while shopping online this holiday season
Your smartphones, laptops and tablets make it easy to connect to the world around you, but they can also pack a lot of info about you and your friends and family, like your contacts, photos, videos, location, and health and financial data. Make sure security measures are in place on all your mobile devices.
Top Internet scams targeting seniors and how to avoid them
Seniors are easy targets for online scammers, often draining their bank accounts and threatening their futures. Here’s what you need to know to protect your family.
Protecting your accounts and devices is the first line of defense against cyber criminals
These resources and tips will help you to secure your accounts online and your devices. Included are resources if you happen to get hacked.
Cyber insurance products for businesses grow in popularity
If you’re still not sure if you need cyber insurance, take a look at these six reasons why it is becoming more popular and why it is essential for your business.
How to deal with computer viruses
Viruses, Trojans, computer worms and other sorts of malware can infect your device any time, and they can be a hassle to get rid of. If you think your computer is infected, here are the steps you need to take.
Monthly News for October, 2017
Heads up! Beware the octopi
A Florida Panthers fan was hit by a 10-pound octopus. Turns out throwing an octopus on to the ice is a Detroit Red Wings tradition that dates back to the 1950s.
Worst crimes committed on Halloween
There have been some gruesome crimes committed on Halloween. Many are directly related to the festivities of the holiday. Take a look back at the top Halloween crimes, if you dare.
Protecting yourself and your property on Halloween
Halloween can be fraught with fright for parents, with candy given to their kids by strangers and a legion of masked and costumed trick-or-treaters at the door. However, following a few safety tips can ensure safe fun for kids and candy-givers alike.
Drive safe on All Hallow’s Eve
We really don’t want to frighten you. The fact is Halloween is fun. But people tend to get out of hand on Halloween, and that includes when they get behind the wheel. These safety tips will ensure all is well on All Hallow’s Eve.
Halloween myths debunked: Black cats and candy are safe
We want you to have fun on Halloween, so that’s why we’re helping dispel some of the myths that come with this holiday.
Monthly News for September, 2017
Don’t get duped; Beware popular post-disaster contractor scams
Florida officials are warning residents to remain vigilant so they don’t get duped by fraudulent contractors and other common scams, including fake charities. Here’s a great list of common scams.
Tips on filing a Hurricane Irma insurance claim
The Consumer Federation of America estimates that Hurricane Irma could result in 450,000 claims for insurance payments — 300,000 for wind damage and 150,000 for federal flood insurance. Here’s how you should get the process started yourself.
Don’t fall prey to insurance scams
Paying for repairs upfront, misusing an Assignment of Benefits contract, bogus victim relief funds, robocalls wanting storm victims to pay up, and fake job postings are all insurance scams that seem to get the most people after hurricanes hit.
Underage drinking could lead to DUI accidents
Underage drinkers in high school or college are more likely to drive drunk, as teens and young adults are impulsive and more likely to exercise poor judgment. Underage drinkers also tend to binge drink. Here’s how to stop underage drinking.
Nursing home industry to meet after hurricane-related deaths
Florida’s nursing home industry will hold a summit on Friday in Tallahassee to discuss Gov. Rick Scott’s emergency rule requiring increased generator capacity to help nursing homes in a disaster.
Monthly News for August, 2017
Daring teen drivers a big safety risk on the road
U.S. teenagers are more reckless after their first few years of driving, often becoming overconfident in their abilities and putting themselves at higher risk for accidents, a new study shows.
Now serving, well, not chicken
A Pennsylvania woman is suing Chick-fil-A for $50,000 in damages after she said she bit into a chicken sandwich and found a dead rat was baked into the bun. Not quite what’s on the menu.
Companies rush to develop solution to hot car deaths
A company in Michigan has designed an electronic sensor that can alert drivers when there is still someone in the backseat after the driver exits the vehicle. The nonprofit KidsandCars.org reports 34 children have died nationwide in 2017 due to heatstroke in a vehicle. On average, 37 children perish in hot cars every year. Florida is No. 2 in the country for the number of children dying in hot cars.
Behind slip and fall accidents
Slip and fall accidents occur due to dangerous conditions resulting from negligence. If your slip and fall injury happened on property other than your own it may have been due to another’s negligence. Here’s what to look for and consider before hiring an attorney.
When squabbles over money pits family against each other
Family fights over money can get so intense they wind up in court. Preparing ahead of time with the proper paperwork will eliminate problems…most likely.