Winston Law News – February 2021
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.
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.
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.
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?
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.
Parenting occasionally intersects with the law, requiring at least a basic understanding of legal concepts. Here’s legal information all parents should know.
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 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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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?
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.
Many businesses have been ruined by data breaches. Here’s how to protect your business and customers.
Winston Law News – December 2020
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.
The family of a Publix employee who died after contracting the coronavirus says the supermarket chain failed to properly protect employees.
Hyundai faces a class-action lawsuit filed by 200 vehicle owners over a string of battery fires in the Kona EV.
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 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.
Your business insurance might not cover losses linked to the pandemic, but it may just cover a personal injury lawsuit.
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.
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.
Should you settle your lawsuit? Well, there’s no definitive answer. But here’s something to think about.
Should Tesla’s often criticized autopilot be subject to a defective product lawsuit?
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.
If your child is injured in an accident, can you sue? The answer: most certainly, yes.
Winston Law News – November 2020
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.
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.
Could the ride be over for Peloton? The fitness company recalled more than 25,000 exercise bikes because of a reported “laceration hazard”.
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.
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.
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.
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.
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.
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.
A vicious dog attack in Cape Coral left three people hospitalized. The dog, which had been tied up, escaped and began attacking people nearby.
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 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
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 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.
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.
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.
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
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.
Universal Studios in Orlando uses temp checks for people going to their amusement park. Should you do the same with your business?
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.
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.
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
Employers across the U.S. have adopted COVID-19 waivers. When it is wise to use a waiver, and what should it include?
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 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.
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 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
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.
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.
Business advocates say legislators need to create protections so businesses aren’t inundated with COVID–19–related lawsuits from employees and customers.
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.
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
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.
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 Miami woman is suing American Airlines after a flight attendant woke her up and shook her violently for allegedly taking an extra blanket.
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.
According to a report by Forbes Magazine, SimpliSafe leaves nearly 300,000 people vulnerable to hacks.
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.
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.
In short, yes. In a pandemic, governments have the authority to do a lot of things that would otherwise be questionable.
COVID-19 has highlighted the importance and failures of insurance. Here are 10 things you should know if you’re a life insurance beneficiary.
Business owners take note: Broward County businesses found to be violating laws related to social distancing and facial coverings will be shut down.
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.
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.
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.
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.
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.
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.
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.
Here’s how to file a business insurance claim – the right way. We can help if you don’t want to go it alone.
Many small businesses fear reopening and putting their businesses at legal risk. Here are tips to reopening safely.
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
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?
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.
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.
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.
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
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 wonder about legal remedies because of their exposure to COVID-19 and a lack of protective equipment. What kind of case do they have?
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.
Are the life-and-death decisions made by healthcare workers and hospitals setting them up for future lawsuits?
Here’s how commercial property owners can use technology to become resilient to societal trends and a fluctuating economy.
Winston Law News – March 2020
Our legal team reviews business insurance documents and assists with filing claims – all at no cost – for business interruption and loss of revenue.
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.
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.
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.
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
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.
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?
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.
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.
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
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.
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.
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.
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.
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
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.
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.
A lawsuit filed against Carnival Cruise Lines alleges that the company hired an unlicensed doctor.
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.
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
The right to free speech aside, leaving a negative review online could leave you open to a lawsuit. It has for many others.
Halloween is just a day away. Here are some necessary driving tips to make sure Halloween doesn’t become truly horrifying.
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.”
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?
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
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.
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.
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.
The latest scam has millions thinking their Social Security number has been suspended. If you receive a call like this one, don’t respond.
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
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.
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.
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.
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.
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
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.
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.
Here’s how to tell if your census form is real.
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.
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
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.
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.
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.
New parental control features on YouTube Kids are designed to keep kids safe on the site. But is it enough?
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 announced rider safety procedures to ensure that its passengers get in the right vehicle and arrive at their destination safely.
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.
Lottery winnings might just cost a mother and son their relationship. She’s suing, saying he mismanaged her funds, costing her millions.
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
The fight against IRS fraud is so tough even legitimate taxpayers are getting blocked.
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.
A Sarasota man was nearly killed on a cruise ship after plummeting 20 feet from an onboard adventure ride.
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
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.
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.
Porch pirates are out in force looking for packages on front doorsteps. Follow these tips to keep your packages and your home safe.
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.
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
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.
Here’s a rundown of your liability if your pooch is involved in a dog attack.
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.
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.
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
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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
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.”
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.
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.
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.
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
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.
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.
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.
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.
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
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.
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.
Online shopping scams are common. Here’s how to spot them and to keep from becoming a victim.
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.
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
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.
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.
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 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.
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
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.
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.
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.
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.
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
The Federal Trade Commission found that Florida had 208,443 reports of fraud last year, about 993 per 100,000 people.
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 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 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.
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
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.
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.
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 is recalling an additional 3.3 million faulty airbag inflators as it expands the largest automotive recall in U.S. history.
Gay couple fights government ruling denying one twin citizenship.
Monthly News for December, 2017
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.
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.
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.
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.
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
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.
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.
These resources and tips will help you to secure your accounts online and your devices. Included are resources if you happen to get hacked.
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.
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
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.
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.
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.
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.
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
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.
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.
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 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.
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
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.
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.
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.
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.
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.