Articles Posted in Personal Injury

For the entire month of June, officials with the National Safety Council (NSC) will be pushing their National Safety Month campaign. This month-long campaign is an annual observance to educate and encourage safe behaviors around leading causes of preventable accidents in Cape Coral and elsewhere.

This year’s campaign is helping to encourage residents to practice safe behaviors all day every day.
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From the 10th through the 16th of June, NSC officials will be working to educate residents about the importance of Ergonomics.

Our Cape Coral injury attorneys understand that there are small changes we can all make both at home and on the job to help to eliminate the risks of injury and to make ourselves more comfortable. Soft tissue injuries can be difficult to prove and slow to heal. Conditions like carpel tunnel are typically caused from repetitive motion at work. But many such conditions can be aggravated by an injury at home or in an auto accident.

Ergonomics is the act of creating a work environment that fits you and fits your needs. This is oftentimes a hot topic of debate when talking about office and desk workers. Ergonomics is all about learning how to work smarter to prevent conditions such as overexertion.

Ergonomic disorders can affect your soft tissues, more specifically your ligaments, muscles, tendons, nerves, spinal discs, blood vessels, cartilage and joints. These disorders can be the result of working repetitive motions on an assembly line, overexerting when using heavy equipment or even typing on a computer all day. These disorders and conditions can happen outside of work and at home, too! At home, residents should beware of the time they spend playing video games, when using muscles to move heavy items and the movements they’re making on home projects. Common symptoms of these kinds of conditions, disorders and injuries include tingling, pain, loss of grip strength, swilling, numbness, etc.

When doing work at your computer:

-Avoid keeping the keyboard on the top of your desk. Use a keyboard tray if your desk has one.

-Don’t place the monitor above your head. Keep it just a tiny bit above eye level and make sure you’re looking slightly down at the middle of the computer screen.

-Avoid sitting in a ridged upright position.

-Avoid leaning forward.

-Avoid working for a long time without getting up and moving. It’s important to take frequent breaks to get up and stretch.

-Try not to rest your elbows on the desk.

-Keep your wrists in a neutral position when typing.

-Trying not to bend your neck or your trunk repeatedly. Keep the items you use most directly in front of you.

-Alternate duties at your desk to avoid repeating the same movements over and over again.

-Avoid excessive reaching.

-Position your computer’s monitor so that there’s no shine or glare reflecting into your eyes.

Every year, there are more than 3 million people who visit an emergency room because of overexertion-related injuries. These types of injuries account for the leading cause of unintentional injuries across the U.S.
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Here’s come the peak of the spring travel season. And right behind that we’ve got the summer travel season. During both of those times, consumers from around the country, including locals, will be looking to busing companies to find a safe, convenient and inexpensive way to get to and from their vacation destination.

Now, there’s a new app that’s going to help consumers to pick the safest busing company to travel with. It’s the SaferBus app and it was recently released by the Federal Motor Carrier Safety Administration (FMCSA).

It’s helping bus riders to get an inside look at the safety ratings and other important information regarding potential bus companies. This app can also help to keep consumers away from a potentially fatal bus accident in Fort Myers or elsewhere.
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“This new app gives Americans the information they need to make smart safety decisions when they book their next bus trip,” said U.S. Transportation Secretary Ray LaHood.

Our Fort Myers injury lawyers understand that college students, families, snowbirds, tour groups, church groups and many others are using busing companies to get to and from their vacation destinations. As we all know, a majority of those vacation spots are right here in Southwest Florida. Even local residents take these buses to visit friends and family members in various parts of Florida. All bus riders are urged to check out this information before booking a trip.

The SaferBus app was designed for iPads and iPhones. Owners can access the app for free in the Apple iTunes App Store. If you don’t have one of these devices, don’t worry! You can also get to this information by visiting the FMCSA’s webpage “Look Before You Book”.

Through all of this information, consumers will have access to about 6,000 interstate commercial passenger carriers throughout the United States. These carriers include tour bus companies, school buses and privately operated motorcoach.

Anne S. Ferro with the FMCSA says that this is the easiest and most convenient way to get this information to consumers. She says that you can access virtually any busing company and its safety information through the click of a button, and it’s all in the palm of your hand. She hopes that this new app will help to raise awareness about the importance of safe travel and will help to provide companies with an easy way to highlight their positive safety records.

Experts also believe that this information is more beneficial than ever as more and more Americans turn to motorcoaches to get to where they need to go. There were over 700 million motorcoach passenger trips taken in the U.S. in 2009, according to American Bus Association.

Included in the safety info is information regarding the company and instances of fatigued driving, unsafe driving, controlled substances and alcohol use, driver fitness and vehicle maintenance.

If you’re planning a trip any time soon, you’re urged to check out this information. Choosing a safe busing company should be job one.
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Recently, a 67-year-old woman was killed in a Fort Myers Beach pedestrian accident. It happened on a Friday night when the pedestrian attempted to cross Estero Boulevard on Fort Myers Beach. She was crossing the street with her family when the accident happened. The driver involved in the accident says that he didn’t see the family or the victim in the road until it was too late, according to WINK News Now.
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“It’s not only during the tourist season, it’s off-season as well, where we experience fatalities, pedestrians, bicycles, people getting hit by cars,” said Fort Myers Beach Mayor Larry Kiker.

Our Fort Myers Beach accident attorneys understand that firefighters, officers and other officials on the beach hear these kinds of stories all too often, especially during Spring Break. In addition to pedestrian accidents, we have increased risks for drunk-driving car accidents and hotel-related accidents. It’s important that if you decide you are going to party during Spring Break, be responsible about it and make sure you know the rules, your limitations and your rights before things get out of hand.

Under our state’s law, hotel owners are required to minimize all of the dangers that can be found on their premises, in their rooms and on their balconies. For example, all hotel and condo balcony railings have to be at least 42-inches high. Florida state law also mandates that spaces between railing bars to be no more than four inches apart. Both of these requirements are to help to reduce the risks of a guests falling over or through the railing.

At the same time, hotel owners and managers are required to keep floors and walkways clear of debris or other fall-related hazards. Slick floors are to be cleaned immediately and warning signs are to be placed near these locations. In addition to regulating balconies and keeping walkways clean, property owners have a plethora of other regulations to follow to help keep you safe during your spring vacation. Make sure you’re aware of your rights and of the responsibilities of property owners before heading out.

While we ask all residents and Spring Break visitors to be safe and cautious during this year’s Spring Break festivities, we also ask hotel owners and managers to make sure that their facilities are safe and danger-free for visiting guests.

While owners and managers are in charge of keeping hotels, motels and condos safe for visitors, the Florida Highway Patrol (FHP) will be working to keep our roadways safe and free of drunk drivers. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), troopers have been combing our roadways in search of intoxicated drivers. This enforcement effort is all a part of the state’s Drive Sober or Get Pulled Over campaign. Troopers will also be looking for speeding drivers and drivers who aren’t buckled up!

“The Florida Highway Patrol continues to make DUI (Driving Under the Influence) enforcement a priority,” said FHP Director, Col. David Brierton. Having a designated driver and planning ahead will make your trip safer.”

Spring Break on Fort Myers Beach and elsewhere in Lee and Collier counties can be hectic. Residents and visitors are asked to be safe and responsible during their week of fun in the sun.
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After a 14-year legal battle, a Broward County man is set to receive $10.75 million after suffering brain injury in a Florida car accident by a speeding Broward deputy, the Sun-Sentinel reported.

Few accidents are as devastating as those that result in a spinal cord injury or brain injury. As veteran Florida spinal cord injury attorneys, we understand the importance of securing the resources necessary for life-long care. 1114180_-_im_still_mobile_-.jpg

According to the Centers for Disease Control and Prevention about 200,000 people in the United States are living with a spinal cord injury. As many as 20,000 new cases occur annually. Cost of living with a spinal cord injury is estimated at $30,000 a year, with lifetime costs often exceeding $3 million.

Nearly half of all spinal cord injuries are the result of car accidents.

Brain injuries are even more common, although many of the 1.7 million cases each year involve mild TBI, such as a concussion. Still 52,000 die as a result of traumatic brain injury each year in the United States.

In this case, the 32-year-old man has lived with a brain injury that has left him largely confined to a wheelchair for 14 years after the 1998 accident. The college-bound high-school student was injured when a speeding Broward sheriff’s deputy slammed into his vehicle on the way to work.

Complicating this case was law that protects government agencies from liability in excess of $200,000. It illustrates the complex nature of pursuing a government liability claim in Florida and why an experienced law firm must always be called to handle such cases.

A jury ruled that the sheriff’s office should pay $30.7 million. However, liability limits prevented the payout. The family ultimately reached agreement with the Broward Sheriff’s Office and its former insurance company. The $10.75 million will go to pay for the victim’s care.

The settlement requires the legislature to pass a claims bill. The Senate began that process this week with a 37-2 vote.

These are very serious, complex cases. Insurance companies, and even doctors and hospitals, may quickly begin to distance themselves from liability after an accident. We have all seen and marveled at the recovery of Congresswoman Gabby Giffords after she suffered a brain injury in an assassination attempt a year ago. However, it’s important to remember that the Congresswoman has had world class health care.

When it comes to rehabilitation, insurance companies may be particularly reticent. Yet it is rehabilitation that will make the greatest difference when it comes to a victim’s ability to recover.

When a brain or spinal cord injury occurs, only the most experienced and resourceful law firms should be trusted with a victim’s future and a family’s financial well-being. Do not speak to the insurance company. Do not sign any paperwork. Do not accept any payments. And do not admit any fault.

Contact an experienced law firm to meet you at home, at their office or in the hospital. The most respected firms in the state will not charge you unless they are successful in making a recovery on your behalf.
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With the holiday season here, many people in the area have Christmas trees in their homes and businesses. While these festive symbols of the season brighten the holidays, they can also be the source of tragic accidents. That’s why it’s important to take appropriate safety measures to help avoid a Christmas tree fire in Fort Myers.
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From 2005 to 2009, there were more than 200 home fires every year in the U.S. that were the result of a Christmas tree catching fire. These accidents kill more than 10 people and injure nearly 30 residents annually. If that’s not bad enough, the holiday fires cost more than $16.5 million in property damage each year. These accidents aren’t common, considering they really only happen in the months of December and January, according to the National Fire Protection Association (NFPA). When they do happen though, they’re oftentimes serious.

Our Fort Myers injury lawyers understand that one out of every five tree fire accidents is started because someone put a heat source too close to the tree. These accidents are completely preventable. Following a few simple safety measures can help ensure Christmas trees do not catch fire.

Christmas Tree Safety Tips:

-If you’re one of those who like to ring in the holidays with an artificial tree, get one that has been labeled as fire resistant or fire retardant.

-If you like to celebrate the holidays with the smell of fresh pine needles, you should pick a tree that doesn’t throw its green needles on the ground when you touch it.

-After choosing the perfect spot for your tree, cut an inch or two from the base of its trunk before setting it in its stand.

-Place your tree three feet from walls, fireplaces, heat sources, candles, space heaters, lights or vents.

-You never want to set up your Christmas tree in front of an exit. If it goes up into flames, how are you going to get out?

-Give your tree lots to drink. Provide it with water daily.

-Make sure your tree lights have the approval label of an independent testing laboratory. There are some lights that are designed for indoor use and some for outdoor use, but never for both.

-You never want to connect more than three strands of lights together.

-Shut off the lights on your Christmas tree before you go to bed and before you leave the home.

-When Christmas is over and your tree starts throwing all of its needles on your floor, it’s time to get rid of it. Trees that are dried out pose as serious threats for home fires. Don’t keep old trees in your home or in your garage.

We wish everyone a safe, happy and fire-free holiday season.
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The Edison Mall, Miromar Outlets, Coconut Point, the Coastland Center Mall, Gulf Coast Town Center, Walmart, Best Buy, Target and even some car dealerships will be rolling out their biggest sales of the year to lure in consumers for this year’s Black Friday sale.

Unfortunately, this shopping event brings about increased risks for injury in Fort Myers and Naples. The Occupational Safety and Health Administration (OSHA) is here to address some of these risks and to provide companies with some safety tips to help prevent injury to both shoppers and workers on the biggest shopping day of the year.
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Crowd-related injuries are a common occurrence during Black Friday sales. Back in 2008, a worker even died during the opening of a Black Friday event. Our Fort Myers injury attorneys would like to remind employers that they have a responsibility to provide employees, shoppers and site guests with safe conditions. Employers should start considering Black Friday safety procedures now to help ensure the safety of everyone on the biggest shopping day of the year and the kickoff to the holiday season.

Setting up for Black Friday:

-Make sure your business has the appropriate security officers and policy personnel to handle large crowds.

-Make sure you have enough employees on the clock. Strategically place these individuals in areas to ensure the safety of the event.

-Make sure all employees are trained on how to properly manage the event.

-Make sure you event meets all required safety measures. Permits and licenses should be obtained and the fire department, the local police and other emergency services are aware of the event.

-Designate an employee to be the contact person to get in touch with emergency responders if needed.

-Place signs throughout the area to indicate restroom location, entrances, exit, store operation hours and locations of sale items.

-Prepare an emergency plan to address the crowd. Train workers to handle these situations.

Before the event:

-Make sure heavily populated areas have barricades and rope lines to manage the crowds.

-Allow customers to enter at individual intervals to break up the rush.

-Designate employee to explain operating procedures to customers.

-Make sure your employees have an effective way to communicate with one another.

-Consider using an internet lottery for popular sale items.

-Make sure that shopping carts and other potential hazards are kept in a safe spot away from crowds.

During your sale event:

-Let all employees and customers know when the doors are about to open.

-Keep security personnel near entrances and exits.

-Keep an eye on your building’s maximum occupancy limit. Stop customers from entering once you’ve reached this limit.

-Provide shoppers with disabilities with a safe way to get in and out of the store.

-Keep emergency exits clear.

-Keep first-aid kits and Automated External Defibrillators (AEDs) on site.

Black Friday is the biggest shopping day of the year and if you’re a smart shopper you can snag some great deals. Everyone’s urged to be a safe shopper too!
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The year is flying by and Christmas decorations have already hit storefronts. It’s about that time to start Christmas shopping. But before you do, you’re urged to check the U.S. Consumer Product Safety Commission‘s recalled products list and check it twice! Unfortunately, there are many popular household items and children’s toys that wind up on this list every year. Defective product injuries should always be handled by a qualified attorney.
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Our Fort Myers personal injury attorneys understand the risk; consumers buy products and bring them into their home with no expectation of danger. Sadly, companies are too often more concerned with making a profit than with consumer safety. The CPSC lists defective products on its website to help prevent injury or death from thousands of products under the agency’s jurisdiction. The CPSC overlooks products that can pose mechanical, electrical, fire and chemical hazards to you and your family.

Recent items on the CPSC recall list:

Trek Bicycles

The Trek 2012 FX and District bicycles pose potential fall hazards because bolts that attach the seat’s clamp to the seat have been found unreliable. Nearly 30,000 bikes were sold from May of 2011 to September of 2011 ranging in prices from $550 to $1,100. If you own one of these bikes, you should contact a Trek dealer to receive a new bolt. These bikes have the item’s SKU number placed on the back of its pedal. All items ending with “12” on the SKU number are being recalled. Injuries resulting from the defect have already been reported.

BB Buggies’ Bad Boy Buggies:

Bad Boy Buggies off-road utility vehicles were already recalled in October of 2009 and in December of 2010. This is a whole new recall for the product. The new problem with the buggy is that the steering assembly arm can break and cause the little driver to lose control of the vehicle. This breakage causes a serious crash hazard. The company has received nearly 20 reports of this type of accident. The recall pertains to Classic, Bad Boy LT, XT, XT, and XTO Safari models. The buggies were sold across the county at Bad Boys Buggy dealers from August of 2009 to June of 2011. They cost anywhere from $7,000 to $15,000. If you have one of these products, contact BB Buggies or an authorized dealer for a free steering assembly replacement.

Target’s Children’s Frog Mask:

Target is recalling its Children’s Frog Masks because they reportedly cause a suffocation hazard. There is no proper ventilation to allow a child to breathe once the mask is on. Nearly 3,500 were sold in Target stores from August of 2011 to September of 2011 for $1. If you have this product, return it to a Target store for a refund. Recalled masks have a UPC code of 06626491474. This code is printed on the label attached to the mask.

Guidecraf’s Twist ‘n Sort Toys:

Nearly 800 of these items were sold in gift shops, specialty toy stores, online and in catalogs from September of 2009 through November of 2010. They cost about $20. If you purchased this item, contact Guidecraft to get a replacement or another product of equal value. Pegs on the posts can detach and can pose a choking hazard to children. Recalled items have the number “712” printed on the bottom of the base.

Parents are asked to be cautious when selecting presents for children for the upcoming holidays. Consult with both Santa and the CPSC to make sure none of the items on their wish list are dangerous or have been recalled.
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The Bureau of Labor Statistics recently released the preliminary results from its National Census of Fatal Occupational Injuries. The report illustrates the changing trends in fatal work-related accidents in Fort Myers and elsewhere for the 2009-2010 reporting year, according to the Occupation Safety and Health Administration (OSHA).

The newly released statistics report that there were more than 4,500 people that died on the job in 2010.

“No worker should have to sacrifice his or her life to earn a living,” says Secretary of Labor Hilda L. Solis.
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Our Cape Coral personal injury attorneys understand that approximately 12 workers die because of job-related injuries every single day. In 1970 when the Occupational Safety and Health Act was passed, the National Safety Council concluded that roughly 14,000 employees died every year because of work accidents. Since then, the workforce in the United States has nearly doubled. If you are involved in a work-related accident, it is critical for you to contact an experienced attorney to help you assess the situation and to help you fight for the compensation you deserve.

As the economy gets back on track, the country’s workforce is expected to expand even more. Workers are urged to keep an eye out for work-related hazards and to report them to their local OSHA office. With cooperation from both employees and employers, we can all work to enjoy safer workplaces and less job-related fatal accidents.

Since the economy started to recover, the average number of hours worked has seen a slight increase. More hours on the job leads to more work-related accidents.

The 2010 Census of Fatal Occupational Injuries reveals the following information:

-Fatalities experienced by those who were self-employed declined by nearly 10 percent. Less than 1,000 self-employed workers died in 2010.

-Fatalities experienced by those who work in the private mining industry increased from about 100 to nearly 175 from 2009 to 2010. This illustrates a near 75 percent increase.

-The number of construction-related fatalities declined by approximately 10 percent from the previous year. Since 2006, these types of accidents have declined by about 40 percent.

-Fires caused more than 100 work-related deaths. This statistics is the highest since 2003.

-The number of work-related homicides declined by nearly 10 percent. Unfortunately, homicides that involved women saw a near 15 percent increase.

-Non-Hispanic and African-Americans experienced a near 10 percent decline in the number of fatal work injuries from 2009 to 2010.

-Fatal work injuries that involved a police officer increased by about 40 percent. More than 130 officers died on the job in 2010.

-The number of transportation incidents accounted for 2 out of every 5 fatal work accidents in 2010.

-Women experienced a 6 percent increase in the number of work-related accidents while men only experienced a 1 percent increase throughout the year.

-Nearly 30 states in the country reported an increase in the number of work-related fatalities from 2009 to 2010.
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The Fort Myers personal injury lawyers and the staff at Associates and Bruce L. Scheiner, Attorneys for the Injured would like to wish each of you a safe and enjoyable Labor Day weekend. Please celebrate responsibly, don’t drink and drive, and stay safe in traveling to see friends and family or to and from your vacation destination this weekend.

AAA reports an estimated 27 million motorists will travel more than 50 miles from home this weekend, increasing the risk of a car accident in Cape Coral, Fort Myers, Port Charlotte or elsewhere in Southwest Florida. 461529_flag.jpg

And, as we reported on our Florida Injury Lawyer Blog, authorities will be out in force looking for drunk drivers and other violators. Nationwide, the National Highway Traffic Safety Administration is using the weekend to launch the anti-drunk driving campaign it will use for the next five years: “Drive Sober or Get Pulled Over.”

“Law enforcement officers across the country are out in force, cracking down on anyone who breaks the law and drives drunk,” said NHTSA Administrator David Strickland. “If you’ve had too much to drink, don’t even think about getting behind the wheel. You may not see them, but they will see you. Don’t risk it.”

The National Safety Council estimates 400 motorists will be killed on the roads this weekend — nearly 40,000 will be seriously injured.

Aside from your risks on the road, family gatherings can bring increased risks of dog bite injuries, Fort Myers swimming pool accidents and accidents involving outdoor grills. In fact, grill safety should be a primary focus. After a long summer, many grills are in sad shape.

The National Fire Protection Association reports more than 7,000 house fires are caused by gas and charcoal grills each year. The Consumer Products Safety Commission offers the following grill safety tips in Lee County.

-Always follow the manufacturer’s instructions.

-Check for cracks, leaks or faulty hoses.

-Move hoses as far as possible from hot surfaces.

-Replaced damaged equipment.

-Check for leaks and immediately turn off the gas if you smell gas or otherwise detect a leak.

-Do not attempt to make repairs to a tank valve.
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A tourist died recently after a parasailing accident in Longboat Key. The 31-year-old- from South Carolina was harnessed by an 800 foot rope to the parasailing boat, Almost Heaven, when the boat lost power, according to Florida Wires.

The Coast Guard reports that the tourist fell into the water, from as much as 800 feet in the air, at an unknown speed. The Florida parasailing accident happened about a mile off the shore of Longboat Key. The South Carolina man was pronounced dead at an Anna Maria Island boat ramp.
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Our Fort Myers tourist accident attorneys understand that these types of attractions are very dangerous. Despite the number of fatal parasailing accidents over the past few years, parasailing remains unfettered by any safety rules or regulations enforced by state, federal or even local agencies. No one is even able to access accurate statistics regarding parasailing accidents because there is no one agency keeps track of these events.

Witnesses to this Longboat Key parasailing accident say that the man waived to indicate he was okay when he initially landed in the water. At that time, he was still connected to his parachute that allowed him to float in the water. He was wearing a life jacket.

Investigators said that the South Carolina man was unconscious when they finally pulled him out of the water.

“After all these incidents, I can’t believe we haven’t gotten smarter as an industry,” said Mark McCulloh, chairman of the Parasail Safety Council, a nonprofit agency promoting parasailing safety and based in Maitland.

Eight people were on the 28 foot parasailing boat at the time of the accident. All witness statements were consistent. Officials have yet to determine what happened between the time the tourist waved that he was okay and when he became unconscious.

According to the U.S. Coast Guard, the boat was an uninspected vessel. The boat is currently in the hands of the Florida Fish and Wildlife Commission until the investigation is complete.

McCulloh, a former parasail operator, says that the parasailing industry needs strict rules for parasailing. He says that these rules should include maximum wind speed when parasailing, height restrictions and tougher regulations on equipment inspection and types of towlines.

In 2010, the state Legislature tried to strengthen parasailing safety rules and enforcement, but the effort failed after companies complained.

“They don’t want anyone regulating them,” said McCulloh. “They don’t want to conform to some kind of safety parameters they think might interfere with profit or keep them from taking chances.”

Currently, the Florida Fish and Wildlife Conservation Commission estimates that there are about 100 commercial parasail operators in the state of Florida. The Parasailing Safety Council reports that there were nearly 400 known accidents that happened from 1990 through September of 2009. These accidents resulted in more than 20 deaths. Again, these statistics are not completely accurate since no one agency keeps track of these events.

If you’re planning a parasailing trip, be sure to research the company. Ask how long the company has been in business. Make sure they’re licensed by both the state and city or county and exist in a well-established location. Lastly, make sure that the boat’s captain is a U.S. Coast Guard Licensed Captain.
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