Criminal Defense

City’s Negligence Results in Knee Injury

- Keith Bregoff

A Martin County man has suffered a knee injury after slipping on a storm drain mural in front of the Greene County Justice Center.

Michael Trask was walking over one of the dozens of colorful storm drain murals in the city of Springfield. The storm drains, designed and painted to remind the community that what is put down the drains goes into nearby streams, are said to regularly have a sealant applied which also offers added traction.

This one particular storm drain, according to the city, had “fallen off the maintenance schedule”.

Man Suffers Knee Injury as a Result of City’s Negligence

Trask ended up slipping on the storm drain and falling to the ground, resulting in a knee injury. The city’s insurance covered the injury.

The city also states that all storm drains are now maintained on a more rigorous schedule.

Understanding Premises Liability

Premises liability is a legal term used to describe one’s responsibility for properly maintaining their property. When someone is the owner of a property, it is their responsibility to make sure that it is safe and free of any defective conditions that could cause harm or injury to another person.

To win a premises liability case, injured individuals must prove that the owner of the property was negligent when maintaining the property and failed to use reasonable care. You cannot claim that a property owner was negligent simply because you were injured on his or her property.

Different Types of Premises Liability Cases

The case above is a slip and fall premises liability case which is the leading type of premises liability claim. But there are other personal injury cases which could be described as premises liability, including:

  • Dog bites
  • Swimming pool accidents
  • Inadequate property maintenance
  • Defective conditions on the property
  • Inadequate security of a building, resulting in injury or assault
  • Water leaks/flooding
  • Toxic fumes
  • Amusement park accidents
  • Escalator or elevator accidents

Learn More about Your Rights with the Law Offices of Keith Bregoff, PA

Premises liability cases seldom go to trial, but it is important for injured parties to consider any settlement offer made by the insurance company.

The Law Offices of Keith Bregoff, PA offers complimentary consultations to anyone who has suffered a personal injury in Vero Beach and surrounding communities. Arrange for your free initial consultation today at (772) 492-8967.

Elderly Pedestrian Dies after Parking Lot Incident

- Keith Bregoff

A 94-year-old man from Vero Beach died earlier this year after being hit by a car in a parking lot.

Robert A. Dangio was walking southward across a business parking lot around 10am in the 900 block of 14th Lane. The front of an eastbound traveling 2015 Chevrolet Equinox, driven by 88-year-old Joseph Brooks, hit Mr Dangio.

Mr Dangio was transported to the Lawnwood Regional Medical Center & Heart Institute in Fort Pierce where he passed away due to his injuries a few hours later.

Elderly Pedestrians More Likely to Die in Traffic Collisions

The Centers for Disease Control and Prevention recently revealed that older pedestrians are more likely to die because of a traffic collision than younger individuals. The study analyzed data from the United States between 2001-2010 which showed:

  • 4,280 pedestrians were killed in traffic crashes
  • 70,000 pedestrians were injured in traffic crashes
  • The traffic-related death rates for those 75 and older were more than double those under the age of 35

Another study found that pedestrians who were 65 and older accounted for 19% of all pedestrian deaths and around 10% of all pedestrian injuries in 2013.

How to Help Prevent Pedestrian Deaths

While there are circumstances where a pedestrian injury or death cannot be avoided, we can all do our part to reduce pedestrian injuries or deaths:

  1. “See and Be Seen”: Look for moving vehicles, make eye contact with drivers when crossing the road, and wear bright clothing so that you can be easily seen
  2. Use clearly marked pathways: Cross the road only at crosswalks and use paths and sidewalks
  3. Stay alert when crossing at intersections: Look left and right before crossing at an intersection, even if the “walk” sign is on
  4. Give yourself a lot of time to cross: Elderly pedestrians tend to be slower when crossing the road. As soon as you know it is safe to cross, start moving forward

Call an Attorney after a Pedestrian Accident

The Vero Beach pedestrian injury attorneys at The Law Offices of Keith Bregoff, P.A. help those who have been hurt or killed in a pedestrian-related incident establish negligence and recover full damages for their pain and suffering.

We welcome your call to us today to discuss your case for free at (772) 492-8967.

Unruly Pit Bull Bites 7-Year-Old

- Keith Bregoff

A 7-year-old child was taken to the Fort Walton Beach Medical Center in late March 2017 after being bitten by a pit bull that was loose in her neighborhood. The 2-year-old pit bull had managed to escape from his home, then attacked the girl, leaving her with deep lacerations in her arm and arm pit.

The dog’s owner stated that the rabies vaccinations for the dog are current, but the law states that any dog who bites a child above the waist must be confiscated.

Why Children Are often Victims of Dog Bites

It has been estimated that more than 4 million people suffer dog bites annually, with 800,000 of these injuries requiring hospital visits and nearly half being children.

Children – especially those under the age of 5 – are more prone to dog bites for a few reasons:

  • A dog may consider itself superior because of their relative size
  • A child may not understand a dog’s boundaries (i.e. pulling its tail, ears or fur)
  • A child may startle a dog by movement or noise, causing it to attack
  • If a child is running, a dog may view the child as “prey”

How to Treat a Dog Bite

If your child has been bitten by a dog, it is important that you take these steps:

  1. Control the bleeding: Take a clean towel or washcloth and apply gentle pressure to the wound until the bleeding stops
  2. Clean the site of the bite: Wash the wound carefully with soap and water. Hold the wound under running water for five minutes or so to rinse away any bacteria
  3. Cover the wound: Pat the area dry, apply an antibiotic ointment, and place a fresh bandage over the bite or scratch
  4. Locate the dog’s owner: It is important to try to find the dog’s owner so that you can ask the owner if the dog’s rabies shots are up to date

Contact your doctor if you do not know the dog that bit your child, if the wound is deep or on your child’s face, or if the bleeding cannot be stopped after ten minutes of pressure.

Get Legal Help with Your Dog Bite Claim with Keith Bregoff, PA

The Law Offices of Keith Bregoff, PA in Vero Beach has helped dog bite victims in Florida recover significant compensation for their physical, emotional and mental injuries.

To arrange for your free consultation with an expert dog bite attorney, call us today at (772) 492-8967.

Types of Drug Charges

- Keith Bregoff

Marijuana and Medical Marijuana

As a rule, marijuana possession is illegal in Florida, and it may be charged as a misdemeanor or as a felony depending on the quantity involved. Possession of synthetic marijuana, however, has a harsher penalty than ordinary marijuana possession.

Moreover, the possession of a large quantity of marijuana, measuring equipment, and other drug paraphernalia may constitute intent to distribute in a charge for possession of marijuana with intent to sell. There is also a presumption of the intent to sell when the defendant possesses at least 25 marijuana plants.

Medical Marijuana

Section 381.986 allows qualified doctors to order medical marijuana (cannabis) for patients with certain conditions. There are two types of cannabis products permitted by law:

Low-THC Cannabis

  • Allowed for patients with cancer or a condition causing chronic seizures or muscle spasms
  • This type has low levels of the psychoactive ingredient and does not usually produce the same high ordinarily associated with marijuana

Medical Cannabis

  • Allowed for terminally-ill patients
  • Can have a significant level of THC which can lead to a high that is commonly associated with cannabis

Only qualified doctors who have completed the prescribed physician education and training can order medical marijuana. It is a misdemeanor for a doctor to order medical marijuana when he or she does not have a reasonable belief of the cancer, medical condition causing chronic seizures or muscle spasms, or the terminal illness of the patient.

It is also a misdemeanor for anyone to misrepresent having cancer, a medical condition that produces chronic seizures or severe and persistent muscle spasms or that he has a terminal condition, for purposes of illegally obtaining medical marijuana. Even with authorized use, the law prohibits using medical marijuana or administering it in plain view or while in a public place.

Schedule 2 Drugs

Florida Statutes classifies drugs and illegal substances according to their potential for abuse and dependency and accepted medical use. The drug groupings are found in Schedules 1 to 5 of Florida Statutes Section 893.01.

Schedule 2 drugs have a high potential for abuse and have severely restricted medical use in treatment in the US. They include:

  • Opium and its derivatives
  • Cocaine and its derivatives and compounds
  • Methamphetamine
  • Codeine
  • Morphine
  • Oxycodone

Possession of at least 4 grams of Schedule 2 drugs is a second degree felony that may be punished with imprisonment of up to 5 years and a fine of up to $5,000. Trafficking of any of the Schedule 2 substances further carries a mandatory minimum sentence of 3 years and $50,000 fine. Drug offenses are also punished by suspension of your driving license.

In Stuart, Florida, the Law Offices of Keith Bregoff, PA have more than 2 decades of litigation experience, helping clients charged with drug offenses. We examine all angles of each case, determine drug crime defenses available to the client, and work very hard either to have the charges dismissed or reduced, depending on the circumstances.

Call us today at (772) 492-8967 to set a free consultation with our Attorney Keith Bregoff.

Factors To Consider When Looking For A Personal Injury Lawyer Stuart Florida

- Keith Bregoff

Recent studies have shown that the type of legal representative you hire affects the come of the case regardless of the evidence, it is therefore important for people to find the best personal injury lawyer Stuart Florida. A personal injury lawyer is an individual who offers legal representation for people who wish to file or defend a personal injury claim. The nature of the injury can either be physical, emotional or financial.

Any person can file such a claim provided he or she can prove that the injuries resulted from the wrongdoing or negligence of another person or a company. Most attorneys who deal with such cases have extensive knowledge about the law of torts and years of experience in dealing with such cases. There are many factors to consider when searching for an attorney to handle your case.

First and foremost is their professional qualification and licensing in the state or country that the claim was made. Different states have different laws when it comes to claims involving personal injuries. Ideally, an attorney who has extensive knowledge about Florida State laws should be hired. The attorney should also have a good track record and a good reputation with colleagues in the legal arena.

Every lawyer who practices in the US is required to pass the State Bar exam after graduating from law school. The Bar Association has very high standards, so any lawyer who has been licensed by this association is qualified to represent clients in the legal system. As such, a person who wishes to file or defend against a civil suit should hire an attorney who has all the licensing documents.

Examples of such cases include work related injuries, libel and slander, slip and fall injuries, accident injuries, pedestrian injuries, animal bite claims and insurance claims among others. The right attorney should have a proven track record in handling such cases. He or she should also have a good reputation.

Nowadays, making a claim is very easy because most attorneys do not charge a fee unless the claim is decided in their favor. Many attorneys use the no win no pay rule to attract clients. This means that clients have everything to gain and nothing to lose when they launch a lawsuit against a company or another person. As a result, the number of such lawsuits has increased drastically since this principle came into use.

When searching for a personal injury lawyer, you may want to consider visiting the offices of Keith Bregoff. Most reputable attorneys have websites that are well established and easy to use, so you may want to visit these websites for more information. Doing a background check is important when searching for an effective legal representative.

If you hire the best personal injury lawyer Stuart Florida, the odds of losing the case will be minimal. All said and done, you can find the best attorney to represent you by asking your colleagues of friends for recommendations. Alternatively, you can search the internet for online reviews.

Important Questions To Ask Your Criminal Attorney Stuart Florida

- Keith Bregoff

If you are in need of a criminal attorney Stuart Florida, you will need to have a list of questions to make sure you are getting the best defense possible. Regardless of the crime you have been charged with, there are some standard questions that will help you understand the system better and get you on the same page as your lawyer.

The first question you might want to have on your list is whether or not you can do anything yourself to help the situation. Ask if there are any steps you can take to help reduce your sentence or gain a not guilty verdict. If you need to change aspects of your life, your appearance and the people you surround yourself with, your lawyer will be able to advise you properly. You should always heed the advice of your attorney. If you do not trust their advice, they should not be representing you.

Ask your lawyer if you can bring anything to court with you that will help him, the judge, jury or defense team in any way. Any old court documents, pictures, letters, notes, videos and other possible evidence of innocence should be produced.

Third, you should find out if your attorney has reviewed all the evidence supplied by the prosecutor. Understanding what is being brought against you, in full, will help you and your lawyer develop a good defense strategy. Choose a strategy together, one that appears to have the most successful result for you. You should not hesitate to ask your lawyer any and all questions you might have. You should always strive to stay on top of your case yourself. You do not want to have a negative outcome and then realize it was the fault of poor legal advise or inept lawyers.

Ask also whether or not a trial would be better or a plea bargain would be more appropriate. If your lawyer has reviewed all plea bargain offers and discussed them with you, you should be knowledgeable yourself whether or not a trial would have a more successful outcome for you.

You should find out not only what evidence is being placed against you but also who the witnesses are and what witnesses you should bring to the trial. Discuss with your attorney who would be appropriate to speak in your defense, and who will be believable on the stand.

Make sure your lawyer is aware that all procedures that were supposed to be followed by the police and investigating detectives was followed completely. Protocol must be maintained and the proper investigative procedures should have been followed, including reading Miranda rights. Ask whether or not there are any alternatives to going to jail. This includes possibilities like work-release programs, probation, home detention or community service.

Ask your criminal attorney Stuart Florida every question you have about your trial and the proceedings. Stay on top of what is going on. If you feel confused, ask for help from your lawyer so that you will understand what is happening from the beginning of the trial to the end.