Photo courtesy of Yacht Harbour

April Fool’s Day Turned Sour

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The press recently released the names of those held responsible for the wrongful death of Raul Menendez, 25, after he got sliced by the propellers of the boat he chartered, the Miami Vice, the morning of April Fool’s Day this year. Mauricio Alvarez, 49, the captain and person held responsible for the accident, was arrested at Fort Lauderdale-Hollywood International Airport attempting to board a flight to leave the country.

The criminal complaint states that two passengers were in the water at the time that the vessel’s engines were started and reverse thrust was engaged. This action would lead to objects near and surrounding the vessel to be pulled towards the propellers – and unfortunately, one of those was Raul Menendez, who was struck and killed.

What we know could lead to a wrongful death and/or negligence lawsuit consists of the facts that Alvarez, “could not see the stern of the vessel or ensure the safety of any remaining swimmers in the water while engaging the engines from this location without assistance from another individual,” according to the U.S. Attorney’s Office for the Southern District of Florida. We also know that at the time of the incident, Alvarez did not have a U.S. Captain’s License.

If you or your family have been affected by boating negligence, it is imperative to know and understand your rights. This is why it is important to hire a Miami Personal Injury Attorney in wrongful death cases and negligence cases. Oftentimes, accidents like these can be disheartening and overlooked, but with a lawyer with the right skills and experience, you and your family can receive the justice you deserve.

Social Media: Can it Ruin your Case?

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Social Media is everywhere. According to Statista at the end of 2017, Facebook had 2.2 billion monthly active users, Snapchat had 187 million daily active users and Instagram had over 230 million accounts. Many top celebrities had well over 100 million followers alone. An incredible 81% of people in the United States have some social medical profile.

Recent news about data theft and unauthorized access to Facebook accounts is no longer surprising although the number of accounts that have been compromised is beyond comprehension. What does all of this mean to the average litigant proceeding with a personal injury claim? A lot!

In virtually every case my office litigates, efforts are made by the defense to access, discover or utilize social media information against the Plaintiff. The things that people post (oftentimes for all to see) defy reason. People post photographs, videos and written commentary that is frequently used by the defense in lawsuits against a person bringing a claim. Our office has found postings by our clients that show them engaged in activities that are either unlawful, in poor taste or that are contrary to their testimony or doctor’s recommendations.

With communications and information being so readily shared on social media, it has become more and more acceptable as a means of communication and Courts are allowing more leeway to parties searching social media in light of its widespread use. Recent cases in Florida have held the discovery of photographs from a person’s Facebook account to be relevant and discoverable. The Courts are allowing Defendant’s access to telephone records, passwords for access to social networking accounts, screenshots of pages from postings and the list goes on.

More and more Courts are admitting the use of data from social media postings to prove allegations in criminal cases and defenses in civil cases. Digital evidence from social media may not be considered hearsay unlike other “statements”.

A well-researched article co-written by the Honorable Bronwyn Miller, a Miami-Dade County Circuit Court Judge, notes, “the widespread, nearly universal, use of social media platforms dictates that data mined from social media postings will be imperative to proof in a growing number of civil and criminal cases”.

The takeaway from this trend toward allowing more leeway to discovery of social media postings is to urge clients to refrain from posting comments or materials on any social media platform that could be relevant to their case. At my law firm, we not only discuss the issues relating to social media with our client at the very first meeting but gain our client’s authorization to conduct our own search of their social media accounts. We specifically advise our clients, both in-person and in writing, about the dangers of creating adverse evidence by social media involvement. We ask them to refrain from posting, unless absolutely necessary for business purposes, to avoid any use by the party against whom the claims are being made. Social media can be used as evidence against you – Be careful what you post!

 The Florida Bar Journal, Vol. 92, No. 4, April 2018, A Prolific Landscape: The Admissibility of Social Media Postings. 
 
Photo by Joe Raedle/Getty Images

FIU Bridge Collapse: A Fatal Mistake

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On March 15th, 2018, South Florida witnessed a terrible tragedy. The bridge connecting Florida International University’s campus to their off-campus housing spanning seven traffic lanes suddenly collapsed. 950 tons of solid concrete slammed down at an incredible speed injuring dozens and killing six. The bridge was fairly new, as the pedestrian portion had just been completed five days prior to the accident.

The bridge was designed and constructed by two of America’s top engineering companies, Munilla Construction Management and FIGG Bridge Group. They were to build this bridge through a modern approach, the Accelerated Bridge Construction method (also known as the “ABC method”). This plan would cut their time spent constructing this megastructure in half – only having to shut major roads down for a few hours, beneficing the University and several local politicians.

So far, our knowledge as to what caused the collapse is very limited as the National Transportation Safety Board will not publicate it’s findings until the official report is ready. What we do know is mainly put together by engineer analyses from dashcam footage and the political benefits and costs of building this bridge as fast as possible.

What we know:

  • The construction crew had just finished adjusting tension rods at the south end of the bridge.
  • Two days before the collapse, a lead engineer from FIGG Bridge Group called the Florida Department of Transportation to notify them of some cracks that had formed, claiming that they “did not pose a safety hazard.”
  • The “critical positioning” of lift trucks was shifted from their original positions during the lifting of the bridge, leaving large areas unsupported.

In the coming months, we will find out the true causes of the bridge collapse. This terrible tragedy has affected the families of those injured and killed, as well as all of South Florida. If you or a loved one have been victims of the FIU Bridge Collapse or any other construction disaster, make sure you have the right attorneys by your side. The team at Jeff Davis Law is prepared to handle your case and fight for justice.