Articles Posted in Personal Injury

Defective products in Fort Myers create substantial hazards for consumers. Holiday weekends can be a particularly dangerous time for both defective product injuries and premise liability injuries in Fort Myers and elsewhere in South Florida.

Our Fort Myers accident lawyers encourage you to check with the Consumer Product Safety Commission for defective product news when making a substantial purchase, such as a crib, gas grill or portable pool. And to use extra caution in supervising children around swimming pools this holiday weekend and throughout the year.
223790_interior_car_details_4.jpg
Recent defective product news in South Florida includes:

-A 1-year-old child drowned in the family swimming pool after getting out through a dog door in Deltona Beach, Pet Access Dangers reported. It was the sixth reported drowning in Volusia County so far this year. The site reports 70 percent of preschoolers who drown are in the care of both parents at the time and 75 percent are missing from sight for 5 minutes or less. Even portable pools may pose a significant risk. CNN reported recently that 244 submersion incidents have been reported involving small portable pools in the last decade — in 209 cases the accident resulted in fatal injuries.

-Those concerned about defective vehicle injuries in Fort Myers should be aware that the Detroit News recently reported a recall of 50,000 Cadillac SRX crossovers, which need to have the airbag reprogrammed. The National Highway Traffic Safety Administration reports the right side airbag won’t deploy in a crash if no one is in the front seat — as a result, backseat passengers may not be fully protected.

-The Consumer Products Safety Commission is warning about the risks of small fireworks, such as bottle rockets and firecrackers, whether defective or not. “From purchase to ignition, know how you and your family can stay safe and which fireworks are allowed in your state if fireworks are part of your July 4th celebration,” said CPSC Chairman Inez Tenenbaum. “Never assume that a fireworks device is safe based on its size and never allow young children to play with or light fireworks. By knowing the dangers of all types of fireworks, consumers can prevent tragedies.”

Last year testing of fireworks shipments found that 43 percent were not compliant with the Federal Hazardous Substance Act, meaning users could be at increased risk of serious or fatal injury.

-The government has also announced a recall of 460,000 bottles and jugs of Pourable NAPAfire and FIREGEL. The gel fuel distributed by Napa Home and Garden of Duluth, Georgia can ignite unexpectedly and splatter onto people and nearby objects, creating the risk of Fort Myers burn injuries and of structure fires. The product was sold at Bed Bath & Beyond, Shopko, Restoration Hardware, and other stores nationwide. Consumers should stop using the fuel and return any unused portion for a full refund.
Continue reading ›

Burn injuries in Fort Myers and elsewhere in South Florida are among the most painful and medically complex catastrophic injuries a law firm can handle.

Fireworks accidents in Fort Myers are just one cause. The Florida Department of Health reports children and teenagers are the most likely victims. In fact, the Centers for Disease Control and Prevention reports more than 400 children and teenagers are treated for burn injuries of all types in U.S. emergency rooms every day.
776798_helping_medic.jpg
Two-thirds of firework injuries in Florida are to the face, hands and arms. Burns account for nearly 40 percent of injury cases. In 2005, more than 200 emergency room cases were reported involving fireworks in Florida — nearly all of them around the Fourth of July.

Other common causes of Florida burn injuries handled by Fort Myers burn injury lawyers include:

-Scald Burn Injuries
-Electric Burns
-Chemical Burns
-Gas Grill Accidents
-Gas Explosions
-Car Accidents
Burn injuries may include injuries of the first-degree, second-degree, third-degree or fourth-degree:

First Degree Burns: Affect the epidermis — or the outer layer of skin. Pain, swelling, tingling and hypersensitivity are common. The wound is typically red and dry.

Second Degree Burns: Affects both the epidermis and the dermis; thus called partial thickness burns. Extreme pain, redness, swelling and blistering. Weeping at the surface is also common, as is substantial scarring. Common causes include flash injuries (such as explosions), scalding liquids and flame injuries.

Third Degree Burns:
Extreme burns, affecting the entire thickness of skin and underlying muscle tissue; destroys sweat glands and hair follicles. May not be as painful as second-degree burns, due to nerve damage. Burned skin may be brown, white, yellow, red or a leathery black. Extensive medical care required, and may involve skin grafts and lengthy hospitalization.

Fourth-Degree Burns: (May also be characterized as fifth-degree or sixth-degree burns) are life threatening. Burning reaches the bone and the skin is permanently lost. Sometimes associated with lost limbs and amputations. Often caused by high-voltage electric. Can also be caused by prolonged flame contact, as in a house fire.
Continue reading ›

Everyone thinks they know how dangerous texing while driving is, but do you know just how deadly it can really be? Ask a Naples woman who recently lost her pregnant daughter because of a distracted-driving accident, according to WINK News. Now, to increase awareness of this dangerous habit, drivers are filmed while attempting to complete an obstacle course while texting. Supports hope to illustrate your increased risks for being involved in a serious car accident in Fort Myers and elsewhere because of distracted-driving.

“She was going to walk the block to finish packing her stuff and I was to meet her there, pick her up with her belongings, and drive her back to her apartment she just got,” said Kristin Murphy, the mother of the victim.
137470_cell_phone_on_the_desk.jpg

Our Naples car accident attorneys understand the dangers of distracted driving. But we would like all motorists to understand the dangers and risks that accompany these poor driving habits. As technology continues to advance, the number of distracting devices available to drivers increases. It’s not only technology though. A driver can be distracted by virtually anything, including other drivers, the radio, their current mood and even maps. It is important for all drivers to focus on one thing, and one thing only, while behind the wheel of a motor vehicle — driving!

Kristin’s daughter was in the process of moving out into her own apartment back in March of 2009 when the accident occurred. Her new apartment was only a block away from her mother’s house.

Her daughter was passing through the intersections of U.S. 41 and Airport Pulling Road, and never made it.

“18-year-old boy on his cell phone didn’t see them crossing the street and hit both girls,” recalled Kristin. “Chelsey was hit first. She took the brunt of the injury. She flew up on the hood, hit the windshield and was thrown 30-feet. Her friend was dragged a 105-feet by the car. Both girls were trauma-1 alerts, taken to Lee Memorial Hospital via the helicopter.”

Kristin’s daughter died a few days later in the hospital. The distracted driver never even knew he hit anyone.

“The police officer asked him what he was doing– said he was talking to his friend on the phone when the impact occurred,” said Kristin. “The police officer asked him if he knew what he hit and he said, ‘I think it was a water cooler.’ The dragging part was my daughter’s friend he drug here 100-feet.”

Kristin now advocates against distracted driving. She recently attended an event at the speedway at Disney. This is where Kristin watched parents take their teen drivers on an obstacle course that was set up by Allstate Insurance.

“The phone rings. You sort of feel bad if you don’t answer it. If someone sends you a text, your PDA buzzes, people feel like they have an obligation to respond to the person when they really have an obligation to themselves and other people on the road to keep them safe,” said Allstate CEO, Thomas Wilson.

Drivers at the speedway were to complete the obstacle course three times. First they had to go through it without any distractions. The second time they went through it one the phone and the third time they were to complete the course while trying to text and having passengers distract them. Cameras on the vehicle captured everything they ran over and even the driver’s reaction.

“When you’re talking on the phone you’re into your conversation you’re actually visualizing the person you’re talking to. You can see straight ahead, but you have tunnel vision; you can’t see what is on your sides,” Kristin explained.

Kristin now has a national PSA on YouTube that features her daughter’s face and a strong message about two lives that are forever changed.

“Chelsey’s dreams are buried with her and this boy’s dreams are gone. He can’t be a police officer. He can’t do that. He has two felonies now.” she said.

Distractions affect drivers in a number of ways. For one, it slows their reaction time to the same slow-reaction time of a driver who is legally drunk. Drivers who use a cell phone behind the wheel of a motor-vehicle are 4 times more likely to be involved in a serious car accident. For the safety of you, your loved ones and everyone else on our roadways, we ask that you hold off on the distractions until you’ve come to a complete stop on the side of the road. No life is worth losing over a phone call or a text message.
Continue reading ›

The National Safety Council uses the month of June every year to recognize National Safety Month. This entire month focuses its efforts on reducing the risks of unintentional injuries in Fort Myers and elsewhere. The most recent focus of this month’s safety efforts was the causes and consequences of slips, trips and falls.
Old%20People.jpg

Falls are among the top causes of unintentional injuries across the country. These accidents result in nearly 9 million visits to emergency rooms every year. Adults that are 55-years-old and older are more prone to becoming victims of falls. Many times the result of these falls is the inability to lead an active and independent life. Risks of severe injury only increases with age as those who are 65 or older are involved in 4 times as many deadly falls as those in any other age group.

Our Naples personal injury attorneys recognize the severity of these types of accidents. What we also would like to remind you of is that many of these injuries and deaths can be prevented by taking the proper safety measures. Homeowners and business owners are urged to keep their properties maintained and free from slip, trip and fall hazards.

How can a homeowner reduce the risk of a fall accident in their house?:

-Reduce all potential tripping hazards. Safely secure all loose rugs, tiles and wood panels.

-Add grab bars and railings where needed.

-Clean up wet floor surfaces immediately and allow to dry completely.

-Improve the lighting throughout the entire house. Improved lighting means improved visibility.

How can an a business owner reduce the risk of a fall on their property?

-Remove all debris from walkways. Make sure floor areas are clear and smooth for visitors.

-Clean up spills or any wet areas as soon as possible.

-Clearly display caution signs warning visitors if a surface may be wet or a tripping hazard may be present.

-Reduce all tripping hazards. Safely secure all loose rugs, tiles and wood panels.

-Ditch the dim, mood lighting. Dimly lit spaces can increase the risks of a fall.

How can an individual prevent their risk of a fall?

-Exercise regularly. Be sure that when you do your exercises that you’re focusing on moves that increase leg strength and improve balance.

-Have your eyes checked regularly. Be sure that you eyeglass prescription is up-to-date to maximize vision.

-Talk to your doctor. Check with them to see if any combination of your medications can result in dizziness or drowsiness.

According to the Centers for Disease Control and Prevention, one in every three adults fall each year and many suffer from severe injuries, such as head trauma and hip fractures. These falls can greatly increase your risk of an early death.

Falls are the number one cause of injury death to residents who are 65 and older. Falls are also the number one cause on nonfatal injuries and admissions into the hospital for trauma. In 2009, there were more than 2 million nonfatal fall injuries among older adults that resulted in treatment from an emergency room. More than 581,000 of these older adults were hospitalized. More than 18,000 older adults died from these unintentional injury falls in 2007 alone. During that year, more than 81 percent of all fall victims were older adults. These death rates from falls among older residents have witnessed a significant increase over the last ten years.

Direct medical costs of falls costs more than $19 billion in 2000. Fatal falls totaled roughly $179 million while nonfatal injuries cost approximately $19 billion.
Continue reading ›

The results are in.

According to the GMAC Insurance National Drivers Test, Florida has some of the worst drivers in the United States. Florida ranked 37th out of the 50 states for knowledgeable drivers. The Sunshine State had an average test score of 76.5 percent. This means that nearly 20 percent of our drivers wouldn’t pass the written drivers test if they were to take it today.
492545_multiple_choice.jpg

After reviewing these test scores, it’s no wonder there are so many fatal car accidents in Naples, Fort Myers, Bonita Springs and elsewhere throughout the state of Florida.

Our Fort Myers personal injury lawyers recognize that these results are a bit disheartening. According to the report, there are almost 37 million American drivers who would not be able to pass a drivers test. We hope these test scores will serve as a wake-up call for drivers to re-up their driving skills to help preserve what safety we have left on our roadways.

The GMAC test results concluded that one in five drivers on the road do not meet the basic requirements to get their driver’s license, but they still have one.

“The GMAC Insurance National Drivers Test has become the benchmark for America’s driving IQ,” said Scott Eckman, chief marketing officer, GMAC Insurance. “All Americans need a refresher course when it comes to rules of the road and it begins with education. We’re hoping this year’s GMAC Insurance National Drivers Test results will inspire drivers to arm themselves with the knowledge they need to stay safe.”

Our country did see an increase of 1.7 percent from the 2010 test score average. Still, our average test score was only a 77.9 percent. According to the GMAC report, nearly 90 percent of tested drivers were unable to identify the correct action to take when pulling up to a steady yellow light. Only 25 percent of those tested were able to correctly determine a safe following distance.

Many drivers don’t even know they’re lacking proper driving knowledge and skills. This is why GMAC Insurance conducts an annual National Drivers Test in hopes of raising some awareness about our drivers’ lack of skills. The organization hopes these results urge drivers to improve their credentials before they’re involved in a serious — or fatal — motor-vehicle accident.

The GMAC Driver’s Test Highlights:

-Men returned better test scores that women did. One in four women failed the test. Overall, men averaged an 80.2 percent and women averaged a 74.1 percent.

-The Midwest region of the country may have the safest roadways to travel as they were ranked first with an average test score of 77.5 percent.

-You may not want to drive throughout the Northeast region of the United States. They ranked last in the country with an average score of 74.9 percent.

-Older drivers, ages 60 to 65, are reportedly the most knowledgeable drivers. They returned the highest average score at 80.3 percent.

-One of every three drivers in New York and Washington D.C. failed the test, but Wyoming had the most failing scores.

-After three years in a row, New York is no longer the state with the worst drivers. This year they jumped from dead last to 45th place with an average test score of 75.3 percent.

You can take the National Drivers Test yourself to see where your driving knowledge stands.
Continue reading ›

As you know, judging by the heat and the humidity, the summer is officially here. Unfortunately, so is the increased risk of a tire-related car accident in Fort Myers, Naples and elsewhere throughout the state. According to a U.S. Department of Transportation consumer advisory, this is the time for you to check out your vehicle’s tires to help prevent one of these serious accidents.
806593_true_sportscar.jpg

Motorists are urged to check the air pressure in their tires. Drivers should also check out the condition of their tires, looking for bulges, uneven wear and general conditioning. The hot summer weather and under-inflated tires prove to be a deadly combination.

Our Naples personal injury attorneys urge residents to take the proper safety precautions this summer to help to prevent an accident. As the summer travel season begins, motorists will be hitting the road. The consumer advisory has been released to coincide with National Tire Safety Week and drivers around the country need to be aware of the condition of their tires, but especially those in Florida and other hot-weather states.

“As the weather warms up, it’s especially important for drivers to ensure their tires are properly inflated,” Secretary Ray LaHood said. “For your safety and the safety of others on the road, inspect your tires regularly and maintain the proper inflation.”

According to the National Highway Traffic Safety Administration, roughly 3,400 people died from 2005 to 2009 because of tire-related accidents. Another 116,000 people were injured from these incidents.

“While it’s true improperly maintained tires can contribute to a crash at any time of year, it is particularly critical for motorists to check tires during hot weather, when families and luggage often overload vehicles for long vacation trips,” NHTSA Administrator David Strickland warned. “Underinflated tires spinning on hot asphalt for extended periods of time can be a recipe for disaster.”

Motorists are urged to check their tire pressure often, but more importantly before venturing out on long trips. Aging tires and scorching pavement cause many more accidents for which the cause goes unreported. Your risk of an accident only increases if your old tires are under-inflated. You can check with the tire manufacturer or with the vehicle’s owner manual for recommendations on how often you should change your tires.

Keeping your tires inflated will also help you to keep a little extra cash in your pocket. The Department of Energy reports that under-inflated tires can lower your vehicle’s gas mileage by about 0.3 percent for every 1 PSI (pound per square inch) drop in pressure for all of your tires.

This is how it adds up: If a vehicle with a fuel-economy rating of 30 miles per gallon and tires with a 35 PSI tire pressure recommendation experiences a drop of 25 percent in tire pressure then the vehicle would lose about 8.8 percent in fuel economy. This means you’d be losing nearly 3 miles per gallon!
Continue reading ›

Once thought to be prone to deadly rollover accidents in Fort Myers and elsewhere, SUVs are now among some of the safest vehicles on our roadways, according to USA Today.

A recent study by the Insurance Institute for Highway Safety reports that newer SUVs are much safer than smaller cars because of their size, weight, and now electronic stability control.
66868_nissan_pathfinder.jpg

Our Naples personal injury attorneys would like you to make note of these new ratings. The vehicle you choose can ultimately be the determining factor between life and death in a serious accident. SUVs may be a better choice, despite increased fuel consumption, as their death rate has dropped nearly 70 percent from the 1999-2002 models to the 2005-2008 models. Their rate went from 82 deaths per million vehicles to 28 million, making them some of the safest vehicles on our roads.

“The rollover risk in SUVs used to outweigh their size/weight advantage, but that’s no longer the case,” says Anne McCartt, the institute’s senior vice president for research.

Many in the automobile industry credit the installation of electronic stability control for the increased safety ratings. This new technology uses the vehicle’s brakes and engine power to keep the large vehicles from skidding or flipping over.

“It’s a dramatic change and a testament to the incredible effectiveness of electronic stability control,” says McCartt.

The new technology is available on nearly every type of car, but is still more common in new SUVs. This is why drivers of 2009 model year cars are about twice as likely to die in a rollover accident than someone who is driving a 2009 model SUV. Stability control has helped bring down death rates across the board, though. The overall death rate for all vehicles from 1989 to 1993 model year vehicles was a little more than 100 per million registered vehicle years. Newer vehicles, or 2005 to 2008 model year vehicles, have a death rate of just under 50, according to CNN Money.

“This report explains why Americans equate size with safety, even though small cars today are safer than ever before,” says Wade Newton, spokesman for the Alliance of Automobile Manufacturers.

The overall death rate for 1989 to 1993 model year vehicles was 110 per million registered vehicle years. For 2005 to 2008 model year vehicles, the death rate is 48.

About 11.5 million vehicles were sold in the last year. Vans, SUVs or pickups accounted for 5.9 million, while 5.6 million were cars.

When you group the vehicles by segment, minivans are by far the safest with a death rate of 25 driver deaths per million registration years. Following vans are SUVs with a rate of 25, pickups at 52 and then cars at an average of 56. It should go without saying that larger cars perform better than smaller cars, with a death rate of 46 versus 82.

“For years, small cars have represented the low end of the economic spectrum and received fewer safety and enhanced design features,” says Sean Kane of Safety Research & Strategies, which advises plaintiff lawyers, government and auto suppliers. “Undoubtedly, that has an effect.”
Continue reading ›

Now that school has let out for the summer, families are starting to take vacations and spend more time outdoors. It’s a good time to put our focus on summertime safety. The National Safety Council is offering their annual month-long June observance on safety awareness in hopes of reducing the number of preventable deaths or serious injuries that could occur this month and beyond.

June is National Safety Month, and this is the first of a series of blogs throughout this month that will focus on safety awareness to reduce the risk of personal injuries or car accidents in Fort Myers.
586375_driving.jpg
It’s also a good time for our Fort Myers accident lawyers to remind motorists that no matter how safe you are, the negligence of other motorists can lead to serious or fatal injuries. Those involved in an accident, should speak with a qualified attorney and make sure they understand their rights.

Each week in June, the National Safety Council will take on a different topic. Car crashes, overexertion and falls are all leading causes of preventable deaths and injuries. In 2009, there were an estimated 128,200. The recorded total of unintentional deaths in 1992 was 86,777 (lowest recorded total since 1924), which is 47 percent less than the 2009 estimate. Unintentional injuries cost Americans and employers about $693 billion nationally each year, or roughly $5,900 per household.

NSC will focus on the following topics each week:

-June 1-4, Summertime Safety: Summertime accidents often lead to unintentional injuries, so NSC is providing safety and health fact sheets to help prevent these kinds of injuries and fatalities. The key issues to be focused on are distracted driving, teen driving, workplace and off-the-job safety. The organization will be offering various tips on agriculture safety, inside and outside the home safety, environmental safety, road safety and school bus safety.

-June 5-11, Overexertion and How to Prevent it: Hospital emergency rooms treat overexertion frequently with sprains and strains being the most common types of injuries.

-June 12-18, Teen Driving Safety: Teen drivers are the age group most at risk, so promoting safety to this age group is critical to keeping streets and highways safer for everyone.

-June 19-25, Slips, Trips and Falls and How to Prevent them: Not only are older adults more prone to slips and trips, but falls are one of the leading causes of unintentional injuries that require professional medical attention.

-June 26-30, Cell Phone Use While Driving: Distracted driving is a contributing factor to the nation’s leading cause of unintentional deaths, which is motor vehicle crashes.

Everyone finds a little extra time during the summer months to do the things they enjoy the most. As you make your summertime to-do list, keep safety in mind as a top priority in order to keep you and your family safe from preventable injuries.
Continue reading ›

It’s no surprise that Florida residents and visitors enjoy spending time outdoors. But spring is also one of the most dangerous times of year for motorcycle riders. More than a million drivers in Florida currently have a motorcycle endorsement on their license. In an attempt to help keep our motorcyclists safe and to decrease the risks of a motorcycle accident in Fort Myers and elsewhere across the United States,Governor Rick Scott declared May as Motorcycle Safety Awareness Month in Florida, according to the Florida Highway Patrol.
1099135_motorcycle_-_blur_focus.jpg
Our Fort Myers motorcycle accident lawyers urge motorcycle riders and all other motorists to be cautious behind the wheel this spring as more and more drivers will be hitting the road.

“Florida made significant strides as motorcycle crash fatalities dropped 35 percent in the past five years. While the news is encouraging, the Florida Department of Highway Safety and Motor Vehicles remains vigilant in our efforts to reduce injuries and fatalities on Florida’s roadways and promote a safe driving environment,” said DHSMV Executive Director Julie L. Jones. “Through partnerships with safety advocates and law enforcement agencies, we continue to put motorcycle safety on everyone’s radar because we are all responsible for motorcycle safety.”

As we recently discussed on our Florida Injury Lawyer Blog, motorcycle accidents occur quite often throughout the nation. As the National Highway Traffic Safety Administration reports, there were more than 5,200 motorcyclists killed, and another 96,000 injured in 2008. More than 500 of those motorcycle fatalities occurred in Florida alone.

“As a matter of safety, it is necessary to develop appropriate driving habits to handle these vehicles on Florida roadway,” Governor Rick Scott said. “To prevent injuries and deaths on Florida’s roadways, motorcyclists and motorists must be vigilant in their efforts to share the road and ensure the safety of everyone.”

Even though statistics, from the Governors Highway Safety Association, show that in recent years motorcycle fatalities have decreased slightly, by 2 percent in 2010 and 16 percent in 2009, motorcycle riders are still the most vulnerable motorists on the road.

“Motorcyclists take to the highways in large numbers every spring, and it’s the responsibility of all road users to welcome us safely and attentively,” said American Motor Association President and CEO Rob Dingman. “This is why many states and local governments officially promote motorcycle awareness during the month of May. Unfortunately, many road users are not always mindful of those with whom they share the road, and an annual reminder is necessary for them to acknowledge the flow of motorcycles in traffic.”

Causes of a motorcycle accident can be attributed to a number of factors, as the NHTSA lists:

-Failure to use defensive driving techniques.

-Lack of recognition by other motorists on the roadways,

-Failure to recognize and understand the limitations of the motorcycle.

-Neglecting to follow speed limit.

-Poor road conditions.

-Passengers. Make sure that when you’re riding with a passenger that they’re knowledgeable about the functions and safety measures of a motorcycle. Also, be sure that your bike has a passenger seat and footrests.

-Poor weather conditions, especially slippery roads in Florida.

If you’d like to get involved with National Motorcycle Safety Awareness Month, BikeWeek offers you a complete list of events taking place to help raise awareness of the vulnerable drivers.
Continue reading ›

Badge
Badge
Badge
Badge
Contact Information