Articles Posted in Personal Injury

A teen from Collier County is in critical condition after a recent ATV accident. According to FOX4, the teen was driving northbound on NW 19th Street when he says that a dog ran out in front of his ATV. He says that he swerved to avoid hitting the dog, lost control of his vehicle and flipped. He was thrown from the ATV in the process. He was taken to Lee Memorial Hospital where he is being treated for injuries sustained in the accident.

Our ATV accident lawyers understand that there were close to 500 fatal ATV accidents reported in the state of Florida from 1982 to 2010. According to ATVSafety.gov, there were more than 100 ATV fatalities reported from 2007 to 2010 in the Sunshine State. These vehicles are getting more popular and families are at risk because of it. The truth is that many ATV accidents could be prevented if riders were better educated of ATV safety measures.

According to Florida law:

-All ATVs that are being operated on public land are required to be titled. In the state of Florida, there is no registration required.

-Everyone who is riding an ATV who is under the age of 16 is required to wear a helmet and wear the proper eye protection at all times.

-Drivers of ATVs are not allowed to operate on paved roads.

In 2009, there were more than 780 ATV fatalities reported throughout the U.S. In addition to these fatalities, there were 135,000 people injured. Today, more than a million ATVs are used in the United States. Back in 1985, there were fewer than 500,000. Accident risks are higher than ever.

Many might think that ATVs are all fun and games, but the truth of the matter is that these vehicles are extremely dangerous. It’s important for riders to have the proper training and to wear all of the proper safety equipment.

One of your best bets is to take a hands-on safety course. This is going to help you to learn how to properly control an ATV in a number of situations. Drivers who undergo this kind of training have lower accident risks than those who don’t.

It’s also important that you wear a helmet. This can help to reduce the severity of your injuries if ever involved in an accident. Your best bet is to select a motorcycle or other motorized sports helmet and make sure it’s certified by the U.S. Department of Transportation (DOT) and/or the Snell Memorial Foundation.

Don’t pile on the passengers. Most ATVs are only designed for one person. Drivers should always be able to shift their weight freely. When there’s a passenger on board, that can be a whole lot harder and the ATV more difficult to control — increasing the risks for accidents.

Never drink and drive on your ATV. Alcohol and drugs impair a driver’s reaction time as well as their judgment — and those are two essential skills for safe ATV use.

Never ride ATVs on paved roads. Not only is it dangerous, but it’s against the law.
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Before climbing up onto the roof to string those holiday lights, there are a few things you should know. There are close to 13,000 people treated every year in emergency rooms because of injuries resulting from holiday decorations. These injuries are commonly caused by shocks, cuts and falls, according to the U.S. Consumer Product Safety Commission (CPSC). Holiday decorations include holiday lights, candles, decorations and even Christmas trees.

Residents use candles year round, but it’s the holiday season when we see the most fires from these lighted decorations. Each year, there are more than 11,500 fires started by candles. These incidents kill close to 200 people, injure another 1,200 — they cause more than $170 million in property loss. Christmas trees might be pretty, but they can be dangerous. Every year, there are about 300 fires that are started by Christmas trees. These accidents kill an average of 10 people, injure close to 40 and cause more than $10 million in property damage and loss.

Our Fort Myers personal injury attorneys understand that this is supposed to be a joyous time of year, but it can quickly turn tragic for those who don’t take fire safety seriously. This is particularly true in apartments and condo complexes, where property managers have an obligation to ensure resident safety. This may include rules and restrictions on certain types of holiday decorations.

To help Floridians get into the spirit safely, Florida Department of Agriculture and Consumer Services is here to offer some tips to help to prevent fire hazards.

Holiday Safety Tips:

-If you’re getting an artificial tree, make sure you get one that is listed as fire resistant.

-If you’re getting a live tree, make sure you get one’s that fresh. Get one that is green and the needles are tough to pull from the branches. The trunk should also still be sticky with resin.

-Keep trees away from heat sources, windows and even exits.

-Use indoor lights where they’re instructed. Keep outdoor lights outside!

-Check each strand of wires before using.

-Never connect more than 3 strands of lights together.

-Don’t use lights on a metallic tree.

-Make sure that you shut down your holiday lights before leaving the house or before going to bed.

-Never tug or pull on lights when taking them down.

-When trimming the tree, only use items that are flame-resistant or non-combustible.

-Be cautious in households with small children and avoid using decorations that are sharp or breakable.

-Stay away from power or feeder lines leading from utility poles into older homes.

-When securing strands of lights to your porch or your roof, consider using clips instead of nails. This will help to keep your from puncturing the electrical cords.

-Discard any lights with cracked sockets, frayed or bare wires, or loose connections.

-Ensure that trees and other holiday decorations do not block an exit. In the event of a fire, time is of the essence. A blocked entry/exit way puts you and your family at risk.

-Keep lit candles away from flammable objects and away from children.
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We may have lucked out this year by escaping any serious hurricanes here in Southwest Florida, but we still feel the effects of these storms.

You might never think about it — but that new used car could be at increased accident risks because of Hurricane Sandy. How? Officials with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) are warning consumers to beware of dealers selling vehicles without disclosing damage caused by any kind of flooding. Many of those vehicles may have made their way down the East Coast and here to Southwest Florida. Car buyers need to beware and do their homework before selecting which car to purchase.

In the state of Florida, dealers who are licensed with the state are not allowed to make any kind of misleading, false or deceptive claims about the history or the condition of any vehicle. The law also requires that these dealers provide information regarding “Salvage” vehicles. “Salvage” is a term used to classify flood-damaged vehicles. If a dealer doesn’t include all of the proper information, then it violates certain Unfair Trade Practice laws.

Our Fort Myers personal injury attorneys understand that some consumers may never even think to look for this kind of damage. Even when looking, you may never see it if you don’t know what you’re looking for. The truth of the matter is that this kind of damage can seriously hinder the computer and the safety mechanisms on your vehicle. These can in turn serve as serious dangers!

If you’re looking at a car that you think may have been flooded, look over the following:

-Take the vehicle to a qualified mechanic and get their professional opinion. Make sure they inspect the car thoroughly.

-If a deal is “too good to be true” remember that it probably is!

-Take your time and look over the car yourself. You want to make sure that it fits your needs. Buying a vehicle should never be a rushed process.

-Take a look at the engine. You want to be on the lookout for a highwater mark on the block or on the radiator. If you see one, that’s a pretty good sign that the vehicle has been flooded.

-Keep an eye out for any rust or corrosion on any of the wires or any other compartments.

-Make sure you always deal with a reputable company or dealership. This will help to ensure an honest sale!

-Be cautious whenever shopping at car auctions. Oftentimes, flooded vehicles will end up there.

-Before purchasing a vehicle, ask the dealership for a report on the full history of the vehicle.

If you have any questions or issues with a vehicle that you think has been flooded and was purchased from a dealership in the state of Florida, you can contact the Motorist Services Regional Office nearest you.
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A deadly fungal meningitis outbreak has so far claimed 32 lives and sickened about 450 people, prompting officials in Massachusetts to fire the director of the state’s pharmacy board and suspending the agency’s top attorney for failing to warn of the crisis.

Our Florida personal injury lawyers understand that the deadly illness has been linked to a prescription drug compounding agency based in Massachusetts that was recently cited by the U.S. Food and Drug Administration for uncleanliness. The facility is also accused of violating federal policy by mass producing and distributing medication. Specifically, the company distributed numerous large batches of tainted steroids, used for injections for joint inflammation in 19 states.

The U.S. Centers for Disease Control report that in Florida, as of Nov. 8, there were 23 reported cases of infection, including three deaths. It’s important to note that those are only the cases we know about so far. There could be more individuals who are at risk and don’t know it, or who were sickened and aren’t aware of the cause.

Other states that were heavily impacted include Michigan (119 cases), Tennessee (79 cases), Indiana (51 cases) and Virginia (50 cases).

Meningitis, if you aren’t familiar, is an inflammation of the lining that surrounds the brain and spinal cord. The steroid injections that were distributed were used to treat pain in the lower back and joints. It’s estimated that at least 14,000 people could be at risk of infection after receiving steroid injections from this one compounding facility, the New England Compounding Center.

But the problem could be even bigger than that.

First, the CDC reports that it has identified other contaminated drugs that the company distributed. That means there is the risk of other drugs distributed by this facility sickening patients. All of the company’s products have been recalled, and its facilities shut down.

But secondly, this case has shed light on major problems with so-called compounding pharmacies, which exist not only in Massachusetts, but in Florida and throughout the country.

The purpose of compounding pharmacies is to mix, combine or alter ingredients to certain drugs on a custom basis at the request of physicians in order to meet the specific needs of a patient. Customizing drugs can be a valuable service, for example, if you require a certain medication, but are allergic to a single ingredient in it. The compounding pharmacy would remove that ingredient so you could still take your medication.

But significant problems have been uncovered when these compounding facilities begin mass-producing drugs. Many, such as this one, are not licensed to do so. Additionally, there is little oversight because they are not regulated in the same way regular pharmacies are. So in this case, both the state pharmacy board and the FDA say while they were aware of problems at this particular facility, neither had the authority to shut it down.

At the same time, the public wasn’t alerted to problems, so no one taking drugs from this facility knew they could be at risk.

So why don’t legislators give someone the power of oversight to prevent this in the future? Well, they might – but they tried before. Ten years ago, legislators approved a measure that would have given greater authoritative powers to the FDA. But the U.S. Supreme Court ruled portions of the law unconstitutional, sending that attempt to the scarp heap.

This outbreak, however, may prompt Congress to act again. Hearings are scheduled at both a House and Senate Committee this month.
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Officials celebrated National Fire Prevention Week last week and continue to spread the word about the dangers of household fires this autumn.

Officials with the U.S. Fire Administration (USFA) and with the U.S. Consumer Product Safety Commission (CPSC) have come forward with new statistics showing just how common fires are in Americans’ homes. Officials with the USFA and the CPSC are urging residents throughout the country to take a look at their fire alarms and to install new ones where needed. It’s also important that your family has an escape plan should a fire happen in your home. It’s equally important to make sure that your family practices this escape plan at least once a month.

Perhaps we are safer here in Florida than in many northern states, where kerosene and electric heaters will drastically increase the risks with the onset of winter. But Floridians still face risks from fireplaces, candles, holiday lights and other seasonal heat sources. Landlords, in particular, must ensure the safety of residents. Sprinklers, marked exits and other building and fire code requirements must be strictly adhered to for the safety of residents and invited guests.

According to the National Safety Council (NSC), there were more than 3,000 people killed in unintentional fire-, flame- and smoke-related accidents in the U.S. in 2010. Every year, there are close to 400,000 unintentional resident fires in the country. Another 13,000 people are injured in these accidents. They’re expensive, too! They cost the country close to $10 billion in property damage annually.

Our Fort Myers injury attorneys understand that most fires that happen in homes are often caused by cooking equipment. As a matter of fact, about 147,500 (of 40 percent) of residential fires that happen every year are the result of a cooking incident. Another top cause of these kinds of fires, injuries and fatalities are the result of home cooling and heating equipment. As the cooler weather draws near, Floridians will be pulling out those space heaters and will be raising the temps on their thermostats. These incidents account for more than 200 fatalities each and every year. Portable heaters specifically, account for about 100 of these fatalities.

“Six people die every day in home fires,” said Inez Tenenbaum, Chairman with the CPSC.

The early warning that a smoke alarm can offer to residents can mean the difference between life and death. The truth of the matter is that every second counts!

With your home’s fire alarms, it’s a good idea to make sure that they’re interconnected. What this does is allows the fire alarms to talk to one another. If there’s a fire in one part of your home, all of the alarms will go off and will help to get your family out faster!

Residents are urged to never leave the kitchen while cooking and to always pay attention. You should also have a professional come and inspect your cooling and heating units once a year. You also want to be extra careful when smoking cigarettes or cigars in/around your home. It’s also a good idea to keep lighters and matches away from children!

To help to keep your family safe, you want to make sure that every bedroom and every floor in your home has a working fire alarm. Make a fire escape plan and practice it regularly! Keeping fire extinguishers in your home can save the day in the event of an emergency.
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Each and every year, a third of adults over the age of 64 suffer from a fall accident.

These falls vary in severity. Some can be as serious as head injuries and hip fractures! Falls can even increase the risk of an early death. These accidents are a public health problem and are often preventable, according to the Centers for Disease Control and Prevention (CDC).

Our Cape Coral injury attorneys understand that although a third of elderly residents are expected to suffer a fall accident this year, only half of these victims will ever talk to their doctor about it. The truth of the matter is that these kinds of accidents are the number one cause of injury death for elderly residents. They are also the most common cause of injuries and hospital visits for trauma. There were close to 2.5 million fall injuries sustained by elderly residents in 2010. More than 660,000 fall victims had to be admitted into a hospital. These falls cost about $30 billion in direct medical costs alone!

Companies, business owners, landlords and members of homeowners associations (HOA) are required to make sure that their premises are kept safe for older adults. Many companies actually cater to the seniors who call South Florida home — keeping their property free from fall hazards doesn’t happen by accident.

Who is most at risk for a fall-related injury?

-Residents who are over the age of 74 are nearly 5 times more likely than younger seniors to be enrolled into a long-term care center following a fall accident.

-Rates of fractures resulting from fall accidents are higher for senior women than they are for men.

-More than 95 percent of hip fractures are suffered because of fall accidents. There were more than 270,000 hip fractures in 2009.

-White women are much more likely that black women to sustain a hip fracture.

There are ways that you can decrease your risks for a fall accident. Some people believe that falls are a normal part of aging, and as such are not preventable. Lack of knowledge leads to lack of preventive action, resulting in falls.

You should exercise on a regular basis. Exercising helps you to build up your leg strength and improve your balance and reactions. You should also go over your medications with your doctor or medical professional. You want to make sure that none of them are causing any side effects like drowsiness or dizziness. It’s a good idea to get your eyes checked too, at least once a year! Seeing helps your walking and decreases your risks for a fall accident. Lastly, you want to make sure that your home is safe. You should eliminate trip and fall hazards, add railing to stairways and improve the lighting in your home, too!
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The American Academy of Pediatrics has again issued a warning to parents against the use of backyard trampolines.

Florida defective product attorneys have long understood the risks of these dangerous devices — despite their marketing as entertainment for children. The nation’s largest organization of pediatric physicians has been recommending against the use of home trampolines since 1999.

In 2009, nearly 100,000 trampoline injuries were reported in the United States — including more than 3,100 cases in which victims were hospitalized. Common injuries include sprains, strains and bruising. But what is most alarming is the risk of very serious or fatal injuries, including neck, back and spinal cord injuries and traumatic brain injury.

“Pediatricians need to actively discourage recreational trampoline use,” said Dr. Michele LaBotz, co-author of the updated report. “Families need to know that many injuries occur on the mat itself, and current data do not appear to demonstrate that netting or padding significantly decrease the risk of injury.”

Statistics show children are most at risk and the younger the child the greater the risk. Children under the age of 5 suffer nearly half of all trampoline injuries. About one-third of all injuries result from falls, which can be very serious. However, many injuries are the result of multiple users jumping on the mat at the same time — and often colliding.

Nor do safety advocates believe netting and other “safety” improvements made in recent years offer adequate protection. In fact, they report such features do little more than lull parents into a false sense of security. Homeowners should also check their insurance policies to see if trampoline-related claims are covered.

Autumn typically brings an increased risk of defective product injury, as we bring back-to-school items and holiday gifts into the home. Unfortunately, large numbers of these defective products are marketed for use by children. Each year, the Consumer Products Safety Commission recalls more than 100 child products, including clothing, toys, cribs, highchairs and car seats.

Checking for recalls when you change your calendar each month can be an excellent way to help ensure dangerous products are kept out of your home. You can also sign up to receive recall information by e-mail.

Other nationwide recalls issued this month:

Window Blinds by Blind Xpress: About 500,000 blinds are being recalled after a child strangled in the pull cord, which was not attached to the wall or floor. Pull cords that attach to the wall or floor help prevent child strangulation. These blinds were sold at various retailers from 1995 to December 2011.

Summer Infant Baby Bathers: More than 2 million were recalled Aug. 29. Authorities report the wire frame can disengage, dropping the baby out of the bather. The defect creates a serious risk of fall accidents and head injuries for infants. There have been five reported cases of infants suffering head injuries after a Bather failure. Consumers should stop using the bathers immediately and contact the company for a repair kit and instructions.
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For close to 10 years, Collier County residents have fought for a safe place to ride their all-terrain vehicles (ATV). Now, officials have set aside $3 million for an ATV park in the area and plans are finally moving forward. According to ABC 7, there’s an advisory committee, consisting of 5 people who are working to make this a reality.

“There’s really no place safe to do it here in Collier County,” said Felix Garcia, member of the ATV committee.

ATV accidentsin Collier and Lee County can happen for many reasons. Whether riding on the road (which is often illegal) or riding through farm fields and orchards, understanding the risks and taking the proper safety precautions is critical to avoiding injury.

An 11-year-old girl was killed back in May after an ATV accident in Golden Gates Estates. Just a few weeks before that, two young riders were injured when their ATV was hit by a motor vehicle. Unfortunately, these riders don’t have many places to go, and they’re at serious risks because of it.

Garcia says that they’re forced to ride on the road near vehicular traffic because they don’t have a safe place to go. Off-roading is a fun an exciting sport, but it can be dangerous when there are no facilities for this activity. Commissioners in Collier County agree. Commissioner Jim Coletta says that Collier County needs a safe place for these riders. Advocates contend there are safe places to boat, safe places to play sports and there’s should also be a safe place for ATVs.

Right now, county commissioners are working diligently to find the land for these riders. There have already been a number of possible areas scoped out in Immokalee, Golden Gate Estates, Hendry County and even near the East Trail. Still, there is nothing set in stone.

Now, commissioners will have to talk with the owners of these potential properties and see if they can work out a deal. Even after the land is secure, it will take years to get the land permitted, designed and constructed.

State ATV Laws:

-All ATVs that are being operated on public land are required to be titled. No state registration is required.

-Riders who are under the age of 16-years-old are required to wear a helmet as well as eye protection at all times.

-The use of ATVs are prohibited on paved roads.

-To ride unsupervised in Florida, operators must be 16-years-old. Riders under 16 must have a safety certificate.

In the state of Florida, there were nearly 500 people who died in ATV accidents from 1982 through 2010, according to ATVSafety.gov. From 1982 to 2006, there were more than 100 kids under the age of 16-years-old who were killed in ATV accidents.

Injuries as a result of four-wheeler or ATV accidents can be quite serious, and may include broken bones, traumatic brain injuries and spinal cord injuries. With a track or not, riders are always urged to keep safety as a number one priority. Make sure that you always wear the appropriate protective gear, that you’re abiding by all state laws and that you ride responsibly and defensively.
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There’s going to be plenty of firework displays going on throughout Southwest Florida during the Fourth of July holiday. Many of these displays are spectacular and you’re urged to join, bring along your friends and your family members.

But if you’re more of the do-it-yourself type and you want to put on your own firework display, you should know the law and do your part to avoid fireworks injuries in Cape Coral and elsewhere.

Every year, firework-related injuries send about 9,000 people to the hospital. About 6,000 of these injuries happen around the 30 days that surround the Fourth of July. Have fun, but be careful!

In the state of Florida law, it is illegal to light off firecrackers, torpedoes, roman candles, skyrockets, daygo bombs or any firework containing flammable or explosive compounds.

Our Cape Coral personal injury lawyers are asking everyone to enjoy their Fourth of July holiday, but we’re also asking you to please treat fireworks with respect and to celebrate responsibly. You’re encouraged to read all of the warning and caution labels on each firework and to use common sense. Always obey all local laws pertaining to the use of fireworks.

The National Council on Fireworks Safety offers these safety tips to help prevent a holiday disaster:

-Never use fireworks in doors.

-Always obey local firework laws.

-If using fireworks on the sidewalk or street area, assign a person to observe for vehicle traffic for safety.

-Keep some water nearby. Your best bet is to keep a bucket of water or a hose.

-Never point an ignited firework at a person. Only launch them into the air.

-Never alter or combine fireworks or use it as it’s not intended.

-Do not ignite any fireworks in your hands. All fireworks should be ignited on the ground.

-Always use common sense.

-If you’ve got a dud firework, do not attempt to relight it. Soak it in a bucket of water for 20 minutes and then dispose of it.

-Keep firework spectators away from shooting fireworks and away from the shooter.

-The shooter of the fireworks should always wear protective glasses.

-Alcohol and fireworks are not a safe combination. Make sure the shooter is sober.

-Never allow anyone under the age of 12-years-old to handle fireworks. They should not even be allowed to handle sparklers. These devices can heat up to approximately 2,000 degrees.

-Don’t try making your own fireworks.

-Always report any illegal use of fireworks to the police department or to the local fire department.

Only use legal fireworks. Officials estimate that about a third of all firework-related injuries are cause by illegal explosives or homemade fireworks.
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Twenty-six busing operations won’t be on our roads during the summer travel season and they won’t be endangering passengers and increasing risks of busing accidents in Fort Myers and elsewhere.

This is all thanks to officials with the Federal Motor Carrier Safety Administration (FMCSA). Investigators shut down 26 operations and declared every single one of them as imminent hazards to public safety. Each of these busing companies posed unnecessary and needless threats to passengers and officials weren’t having it. Many of them operated on Florida roads.

This recent crackdown effort is the largest safety crackdown that officials have ever completed. Through it all, there were 10 individual company owners, employees and managers who were instructed to stop all passenger transportation operations. Operations even include selling bus tickets. The companies that were shut down transported about 1,800 travelers from New York to Florida each day.

Our Fort Myers bus accident lawyers understand that many residents and visitors rely on busing companies to get them to and from their summertime vacation destination. Unfortunately, there are companies who are also offering dangerous services. For that reason, officials with FMCSA continue to inspect and review busing companies to make sure that they’re not putting travelers at any danger. Those who aren’t keeping up with the current safety standards and are putting travelers at risk will be located and shut down, say FMCSA officials.

Officials discovered that many of these companies were employing drivers who didn’t have a valid commercial driver’s licenses (CDLs) and also failed to have drug and alcohol testing programs. Some of the companies did not properly inspect or repair their buses, letting buses of any condition ride the roads. Lastly, some of these companies had serious hours-of-service and driver qualification violations, meaning that bus drivers were driving with very little sleep and resting time, putting passengers at risk for a drowsy driving-related accident on our roadways.

“If you put passengers’ safety at risk, we will shut you down,” U.S. Department of Transportation (USDOT) Secretary Ray LaHood said.

Travelers are asked to do their homework before selecting a busing company to travel with. Look at a potential company’s accident history, driving record and safety inspection information. This kind of information will help you to choose a company that’s going to get you to and from your vacation spot safely. You might not always want to go with the cheapest ride as sometimes those can also be the most dangerous. Keep safety as a top priority when traveling this summer and research to help to keep you and your loved ones out of a potential accident.
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