Articles Posted in Personal Injury

Black Friday is here, and many are ready to jump into the holiday shopping season feet first. Unfortunately, many of us aren’t looking at the risks and the hazards that come with this joyous time of year.

Just take a look at US News, there have been employees killed, shoppers killed, property damaged, customers arrested and some serious injuries on this consumer holiday, which opens the busiest shopping month of the year.

Our premises liability lawyers understand that accidents caused by dangerous property conditions, either inside or outside a building, can result in serious, even fatal, injuries.
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According to MSNBC, the number of children and teens in the U.S. who are killed by gunshot wounds has increased about 60 percent in the last 10 years. A new report by two Boston doctors was presented at the American Academy of Pediatrics, and found that there are about 500 children who are killed in these kinds of accidents each and every year. Another 8,000 are hospitalized annually because of these same incidents.

“Policies designed to reduce the number of household firearms, especially handguns, may more effectively reduce the number of gunshot injuries in children,” said Dr. Arin Madenci of American Academy of Pediatrics.

Our Lehigh Acres personal injury lawyers support gun rights. In part, that means properly storing and securing firearms when not in use, and properly instructing children about gun safety. When our youngest family members get their hands on these devices, accident risks run high. Children may not understand the consequences of misuse.
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There were 209 people killed on the job in the State of Florida in 2012, according to preliminary statistics recently released from the U.S. Bureau of Labor Statistics (BLS). Although we saw 17 fewer fatalities than in 2011, we still have a long way to go when it comes to keeping employees safe on the job.

According to the preliminary estimates, there were 44 people killed by violence on the job, close to 70 killed in on-the-job transportation accidents, 6 killed in fires and explosions, 42 died in slip, trip, and fall accidents, nearly 25 killed by exposure to harmful substances and another 28 were killed after contact with an object or equipment.

Our Cape Coral work accident attorneys understand that the number of work fatalities nationwide dropped from 2011 to 2012, but only by about 300.

While yes, this is good news, the truth of the matter is that we’re still losing thousands on the job each and every year. Here in the state of Florida, officials work to protect employee rights with a series of strict labor laws enforcing wage determination, fair child labor rules, unemployment compensation, notification rights, workplace safety and protection from discrimination and sexual harassment. Unfortunately, these regulations aren’t always effective, and employers too often fail to put ample focus on workplace safety. This is why it’s critical for you to understand your rights as a Florida employee.
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Officials with the Federal Motor Carrier Safety Administration (FMCSA) recently kicked off their two-week strike force on passenger buses. During this enforcement campaign, officials will be conducting safety inspections on busing companies throughout the country as part of the FMCSA’s Motorcoach Safety Initiative. They’re working to get high-risk drivers and buses off of our roads. But there is more than just surprise inspections. Officials will also be dropping by new bus companies to take a look at their safety initiatives.

Specially-trained investigators and law enforcement officials will be looking at buses for maintenance issues involving tires, brakes and exhaust systems. But they’re also looking at the drivers — looking for their compliance with hours-of-service requirements and to make sure they’ve got the proper driver qualifications.

Our Cape Coral bus accident lawyers understand that many residents and visitors rely on these busing companies to get them to and from their destinations. Many times, a bus trip is far easier than driving, especially when your destination is across state or even out of state. Unfortunately, many consumers will choose the cheapest bus fare without concern for safety. It’s not these cheap fares that are going to help to keep you safe during your travels. And that’s where officials with the FMCSA are stepping in — to make sure that all companies are safe and reliable (even the cheaper ones).
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An ordinary day of yard work turned into a stay at the hospital for one Bokeelia family. According to FOX 4, a 3-year-old girl was raced to the hospital after what officials call a “severe injury” in a lawn mower accident.

Officials with the Lee County Sheriff’s Office say that the accident happened at roughly 10:30 a.m. in Bokeelia. The condition of the little girl has not been released.

But this brings up a good point about lawn mower safety. Our Fort Myers personal injury lawyers understand that over 600 children undergo lawn mower-related amputations each and every year. We need to start paying more attention to lawn mower safety as many of these accidents can be prevented with the simplest of commonsense precautions.

And this was the second accident in the state of Florida in the past week. According to the Bradenton Herald, an accident in Hardee County also sent a 4-year-old to the hospital. This child was run over by a lawnmower.

In Pinellas County, there was also a 2-year-old badly injured in a similar accident earlier this year. She had her feet run over in a lawn mower accident. This child is now walking with the help of prosthetics.

Each and every time we start a lawn mower, we’re dealing with a dangerous and potentially deadly piece of equipment. These machines can cause serious injury to the feet, legs, arms, fingers, toes and anything else that passes beneath the deck. The U.S. Consumer Product Safety Commission (CPSC) reports that there were over 200,000 people (close to 20,000 of them under 19) who were treated for lawn mower-related injuries in 2007. For children who are younger than 10, major limb loss is the number one result of lawn mower incidents.

Lawn mower safety tips from the Amputee Coalition of America:

-Clear the mowing area of any objects such as twigs, stones, and toys, that could be picked up and thrown by the lawn mower blades.

-Read your mower’s instruction manual prior to use.

-Always wear sturdy shoes while mowing – not sandals or sneakers.

-Never consume alcoholic beverages before or during operation as this leads to impaired judgment, which could result in serious injury.

-Teach children that a lawn mower is not a toy. They should never play on a lawn mower, even when it’s turned off.

-Never allow a child to ride on a lawn mower with you.

-Don’t let children play outdoors while you’re mowing the lawn. Ask them to wait inside until you’re done.

-Children should be at least 12 before you allow them to operate a lawn mower. It’s best to wait until children are 16 to allow them to operate a riding mower.

-Use a stick or broom handle (not your hands or feet) to remove debris from lawnmowers.

-Do not pull the mower backward or mow in reverse unless absolutely necessary, and carefully look for children behind the mower before mowing in reverse.
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“The Crash Reel” — It’s a documentary like no other. On HBO, it’s a series that will be airing Mondays at 9:00 p.m. and will be making its way to theaters later this year.

According to Forbes, it’s all about brain injuries. This is such a serious topic not only because these accidents are so common among residents throughout the nation, but also because they’re injuries that affect nearly every aspect of life. These injuries oftentimes affect a person’s mental, physical and social state for the rest of their life.

At Associates and Bruce L. Scheiner, Attorneys for the Injured, our Fort Myers brain injury lawyers have long supported victims of these serious and life-altering accidents. The firm was recently named Injury Prevention sponsor of the year in the inaugural awards presented by the Lee County Injury Prevention Coalition.

“The Crash Reel” depicts just how serious and unexpected these kinds of accidents can be. “I don’t think there’s been a film like this before,” says director Lucy Walker.

The film starts off by telling the story of Kevin Pearce. He’s a rising star in the professional snowboarding arena. But the glory behind the training takes a quick and devastating turn when he fails an attempt at a technical snowboarding trick (a cab double cork) and finds himself first in a coma and then in rehab for months. As everyone else continues to prepare and head off to the Olympics, Pearce is left behind fighting for the life he once knew.

Although still suffering, he is working diligently to recover from his devastating injuries. Doctors explain to the snowboarder that he’s sustained serious (and even permanent) damage to his brain. This damage has also affected his vision and his memory. They also explain the risks associated with a subsequent blow to the head.

Step by step, Pearce relearns how to walk, talk, eat and move (even hopefully snowboard) once again — failing to let this injury rule his life.

Although many of us (especially here in Southwest Florida) may not be able to relate to a lifestyle of a professional snowboarder, we can relate to the consequences and obstacles of a traumatic brain injury. According to the Centers for Disease Control and Prevention (CDC), at least 1.7 million traumatic brain injuries occur either as an isolated injury or along with other injuries each and every year.

And this awareness has taken to social media, causing thread after thread of support, even on Twitter with the tag #LoveYourBrain.

Anyone with signs of moderate or severe TBI should receive medical attention as soon as possible. Because little can be done to reverse the initial brain damage caused by trauma, medical personnel try to stabilize an individual with TBI and focus on preventing further injury.

If you’ve suffered a traumatic brain injury, it’s important to remember that you’re not alone and that there is help out there for you.
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Hurricane season is here and it is best for South Florida residents to be prepared. Every year, victims of hurricanes are injured or lose their lives because they miss warning signs or take unnecessary risks. As the sudden appearance of Andrea reminds us, it is best for residents throughout the region to be prepared.

Risks associated with hurricanes are high. Victims can be injured by debris, falls, electrical wires or storms, as well as drowning. To keep your family safe this season, you should review the guidelines published by the Florida Highway Safety and Motor Vehicles department. In addition to keeping motorists safe, the recommendations can help you make the best decisions for your family during a storm. Our Florida personal injury attorneys are dedicated to helping residents throughout the area with staying safe.

Unfortunately, predicting where a hurricane will strike can be difficult. Depending on where you are, the hazards you face will vary. And, often overlooked are the very real risks presented by violent afternoon thunderstorms, which are commonplace this time of year. Whether you are at home, work, school, or in your vehicle you want to be aware of the particular dangers in your area. You should also remain aware of any changes and be flexible to make a last-minute decision in the event of an emergency.

Remain alert throughout the hurricane season by listening to weather reports and keeping an eye on weather patterns for sudden storms. Winds, dark clouds, and humidity can all be signs of a brewing storm. If you do get news of an impending storm, you should take action as soon as possible to preserve your safety and that of your loved ones. Throughout the storm, you should monitor its progress and follow the instructions provided by emergency officials.

When driving in a vehicle, always be mindful of traffic conditions, road congestion, construction, lane closures, flooding and other potentially dangerous conditions that may lie ahead. Always slow down because it may be difficult to see what lies ahead in the roadway. Rain and splashing puddles can make it difficult to see in front of you and increase the risk of hydroplaning. Be cautious of high winds, especially if you are in a truck or on a motorcycle.

During a storm, you should remain extra careful, even in what may seem like familiar territory. You could come upon dangerous roadways, closed intersections, or flooding. If you see an officer directing traffic, follow his or her instructions. If a traffic light is out, treat that intersection like a 4-way stop. Most importantly, never drive through moving water, especially if you cannot see the road beneath.

If you are not already in a vehicle, you should try to stay put. Do not leave home or work unless it is absolutely necessary. If you are not already at home, you should be prepared to stay in one place, possibly for an extended period of time. Many victims of hurricanes suffer because they head out, thinking the storm is over. Keep in mind that the majority of injuries and deaths occur because of dangerous conditions after a storm, not because of the storm itself.

You should also warn your children of potential dangers, especially curious teens or older children who may try to venture out to see the remnants of the storm. Curious observers can also get in the way of emergency crews who are looking to rescue those in need. You should also update your emergency contact information for officials.
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The Modern Midways’ Ring of Fire ride at the Lehigh Spring Festival proved anything but amusing.

After a recent accident, investigators were called to Veterans Park to see what went wrong. Five were injured, including a 12-year-old girl who suffered a cut above her cheek and eye. Witnesses report that they saw things flying off the ride, according to FOX4. When it came to a sudden halt, injured riders escaped to safety.

This isn’t the first time that there has been a Modern Midways accident. This is the fifth investigation into the company within the last 5 years. Investigators with the Florida Department of Agriculture were sent to inspect one of the company’s rides at a Gulf Coast Town Center back in January.

“We look to see if there’s any structural, mechanical defects,” said Allan Harrison, the bureau chief of the Bureau of Fair Rides.

Our Fort Myers personal injury attorneys understand that Florida carnival accidents are a serious threat through the summer months. Ride operators are required to inspect these rides each and every day to make sure they’re safe for patrons. Unfortunately, these inspections aren’t always completed properly. Now, investigators are trying to find out what happened. If they find any kind of deficiencies, the company could have $2,500 in fines for each violation.

In the U.S. roughly 500 million guests visit carnivals, festivals and fairs each year. According to the Outdoor Amusement Business Association (OABA), more than half of these people hop on mobile amusement rides. Are you one of them? If so, listen up!

According to the Consumer Product Safety Commission (CPSC), there were close to 20,000 amusement ride-related injuries in the U.S. in 2005. About 5 people are killed each year from mobile and fixed amusement ride injuries. Another 5 are killed from inflatable ride injuries.

According to the Fixed-Site Amusement Ride Injury Survey from 2010:

-Amusement park visitors take roughly 1.7 billion safe rides each year.

-The chance of being seriously injured on a ride at a fixed-site park in the U.S. is 1 in 24 million.

-Close to 60 of the more than 1,200 ride-related injuries, or about 5 percent, required some form of overnight hospital treatment.

Amusement rides regulated in the state of Florida fall into two major groups; temporary amusement rides and permanent facility amusement rides. Before amusement rides can operate in the state, owners/operators must have proof of appropriate insurance, an Affidavit of Compliance and Nondestructive Testing Document and pass an inspection conducted by state inspectors, according to the Division of Consumer Services with the Florida Department of Agriculture and Consumer Services.
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NFL free agent Donte’ Stallworth landed in a South Florida hospital with some serious burns after a hot air balloon he was riding in crashed into some power lines. According to ESPN, two others were injured in the accident.

According to reports, the basket was carrying three passengers when it struck power lines while airborne. Miami-Dade Police report that two of them were taken to a trauma center.

Our Naples personal injury attorneys understand that residents and visitors turn to a number of activities to liven up the days here in sunny Southwest Florida. While we might not all be considering a hot air balloon ride, there are many in the area who have taken parasailing trips, rides on jet skis, boating trips and more. The truth of the matter is that we want to be thrilled, but we are not signing up to be injured by carelessness or negligence.

During these last few weeks of tourist season, we can expect large crowds. Visitors are all trying to squeeze the last little bit out of their trip. However, it’s important that we do so safely. And the first step to staying safe is to do some research before heading out.

Hot air balloon accidents and incidents occur for a variety of reasons. Like most activities, human error is frequently mentioned as a primary causal factor in reports. From 1998 through 2003, officials with the National Transportation Safety Board (NTSB) collected reports of close to 25 balloon accidents.

JetSkis and rental motorcycles are another area where we see liability issues. Before renting one of these devices, many companies will have you sign a liability waiver. This is a legal document that seeks to obtain protection against lawsuits and damage awards in the event of an accident. Liability waivers are typically used in connection with activities where there is some considerable risk of accident or injuries.

You can voluntarily waive any right you choose to waive. Make sure you think before you sign. Even in cases where such a waiver is signed, victims may still be entitled to compensation in the event of serious or fatal injury.

The important thing is to choose a company that is safe and reliable. And that means do your homework. You want to make sure you’re choosing a company that’s reputable. Ask the right questions. Are they affiliated with the hotel you’re staying at? Ask about their reputation if they’re a third-party vendor. Make sure you look over the equipment and rental operation before signing anything. Make sure the staff knows what they’re talking about and the equipment is in good-working order.

More Tips for Renting:

-Read the rental agreement carefully. Ask to clarify any parts that you do not understand.

-Follow all listed safety instructions with the company.

-Ask if all costs are included in stated price.

-Never rent or operate under the influence of drugs or alcohol.

-Never rent or operate beyond your experience.

-Never disregard safety instructions given by the rental company staff.
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Fort Myers Beach might be one of the most exciting places to visit in town, but it can also be one of the most dangerous. There are a number of factors to be concerned with while visiting the soft sands of Southwest Florida. Some of these dangers include riptides, lightning strikes, bad weather, drunkenness, rental watercraft or motorcycle accidents, and more.

The next six weeks will be the busiest of the year for area beaches.

Our Fort Myers Beach accident lawyers understand that riptides are a serious concern on Southwest Florida beaches. A riptide is a current which pushes away from the shore as a strong storm is near. As we head into rainy season, beachgoers will once again need to beware the risks.

In a riptide, swimmers can find themselves moving out to sea and panic. Panicking is a natural reaction. Our strongest natural instinct is to survive. It is natural to try and swim back to shore. If you get caught up in a riptide, what you have to do is swim parallel to shore. This is the toughest thing to do because you don’t feel like you are accomplishing anything. But the truth of the matter is that it’s the best way to get yourself out of danger. The current itself is usually only 10 to 15 feet wide in most cases. You should be able to swim out of that on your back. If you get tired out there, just turn and float on your back.

“They are unpredictable and pretty much occur all times of year,” said Steve Letro, meteorologist in charge of the National Weather Service. “We only hear about them when somebody gets killed.”

If you are hanging out on the beach, watching that beautiful light show — that is the afternoon thunderstorms rolling in — your odds of a lightning strike incident are greatly increased. Those on area golf courses are also at increased risk. There are virtually no other places where you’re more vulnerable to one of these accidents. If you see lightning anywhere near you on the beach, your best bet it to take cover in shelter in an enclosed building. If you’re out on the Sanibel Causeway, with no shelter, your best bet is to get into your car and roll up the windows. When you see lightning rolling in, get out!

Speaking of lightning, you want to keep an eye on the weather. Clouds can ruin anyone’s beach day, but they can also produce some serious dangers. When the rain rolls in, everyone is getting out of the water and leaving the beach. With this weather, we see increased risks for car accidents. Drive slowly in the rain and keep an eye out for the drivers around you. Traveling slowly will help you to maintain control on the slippery roadways and will allow you more time to react to roadway dangers. Make sure your windshield wipers are working properly. Check them frequently so you’re not stuck in a compromising position.

And while we’re talking about driving, we might as well get into the risks of drunk driving. The beach can surely be a hot party spot. If you’re driving down to the beach, make sure you’ve got a safe and sober way to get home. Designate a sober driver before kicking off your beach day festivities or make sure you’ve got a phone number to a cab service. It’s also important to watch yourself while drinking on the beach. Drinking in the sun with little to eat can be a recipe for disaster. Keep an eye on your intake as many beach partiers can over-drink and put themselves at risk for alcohol poisoning.

The beach is fun, but we’re asking you to keep it safe. While packing your beach towels and chairs, make sure you keep safety as a number one priority.
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