Articles Posted in Personal Injury

A 2-year-old boy was shot in the shoulder shortly after midnight in an apartment complex in the 3000 block of 2nd Street, according to WINK News. The young boy was sent to HealthPark Medical Center with a gunshot wound to the shoulder.

An investigation revealed that the toddler was shot inside a Fort Myers apartment. Detectives executed a search warrant for the residence where the shooting happened and found a semiautomatic handgun and a revolver. It is said that four adults and a second child were inside the apartment at the time of the shooting. Police believe that the shooting was accidental. Those involved in the shooting are still being interviewed as the investigation continues.

Our Fort Myers child injury lawyers understand that, while this is a tragic occurrence, these types of accidents happen all too often. Every few months, we hear the tragic case of a child being seriously injured or killed in an accident involving a firearm.

According to Common Sense: About Kids and Guns, adults are urged to keep guns locked away from children at all times. Store ammunition in a separate locked area away from the gun and store the keys in a place where children cannot find them. Parents are also urged to talk with their children about guns, making sure they know the dangers, the consequences and the power of a gun. Teach your children not only to leave all guns alone, but what to do if they run across one. Make sure they tell an adult.

The guns are not the problem. It is the lack of education. And sometimes the lack of respect for firearms. Or just plain carelessness. As a gun owner, or as a homeowner, a Fort Myers premise liability claim could hold you responsible for medical bills, pain and suffering and other costs associated with an accidental shooting. To say nothing of the emotional toll taken by the serious injury or death of a child.

According to ChildrenDefense.org, guns kill more than 3,000 children and teens a year. In 2006, more than 150 children were accidentally killed by guns. Florida experienced more than 10 accidental fatal shootings the same year. With federal statistics showing that nearly half of every household in America has a gun, it is important to be cautious and knowledgeable around firearms.

The National Riffle Association (NRA) offers these tips to parents who own guns to help keep their young ones safe:

-Always keep the gun pointed in a safe direction. NEVER point it at another person. Assume that the gun is always loaded and ready to fire at any moment.

-Be mindful that, when indoors, bullets can penetrate floors, windows, walls and ceilings.

-Always keep the gun unloaded until you’re ready to use it. Learn how to safely check to see if the gun is loaded. If you don’t know the proper technique, leave it alone.

-Keep your finger off the trigger until you’re ready to shoot. When holding the gun, rest your finger on the outside of the trigger guard.
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Each month, countless tour buses travel through the area. To the beaches of Fort Myers and Sanibel. To the casino in Immokalee. And on to Key Largo and Miami. These tour buses have a responsibility to transport passengers in as safe a manner as possible. Passengers may feel a little safer after the Federal Motor Carrier Safety Administration (FMCSA) conducted a number of surprise inspections. But the reality is it will do little to help decrease the risk of bus accidents in Fort Myers and elsewhere in the U.S.

Interstate 4 was recently shut down for an hour after a Naples Tour bus caught fire this past weekend, according to the NBC 2. The bus, belonging to Naples Tours, dropped off a group of passengers in Orlando for the weekend and was returning to pick them up when a fire started on the rear-end of the bus, according to the Florida Highway Patrol. The driver reportedly attempted to put out the flames with a fire extinguisher, which failed, and was then forced to sit back and watch as the $80,000 bus went up in flames.

Our Naples personal injury lawyers urge Florida residents and tourists to be cautious when choosing tour bus transportation as the results of the recent federal inspections proved alarming.

As the U.S. Transportation Secretary Ray LaHood recently announced, the FMCSA, along with local and state enforcement agencies, conducted nearly 3,000 surprise passenger bus inspections in a 90-day period. The inspections removed nearly 300 unsafe buses and drivers from our roadways, according to a U.S. Department of Transportation press release.

That means roughly 1 in 10 buses on the road had problems so significant they could not continue to their destination.

“Working side-by-side with our state and local law enforcement partners, we can ensure that every passenger bus company and driver operates as safely as possible,” said FMCSA Administrator Anne S. Ferro. “These strike force activities are one of the many effective tools we use year-round to raise the safety bar for commercial buses and drivers on our nation’s roadways.”

These inspections come after a string of bus accidents throughout the United States, including the recent bus accident in New York that killed 14 passengers.

The Obama Administration recently announced a new Motorcoach Safety Action Plan, which sought to ensure that companies make improvements to their vehicles. Proposed improvements include rules that would require bus companies to install seat belts and electronic on-board recorders on every bus.

Low-fare bus companies have recently been the focus of these investigations. Such companies were accused of running buses that failed to meet safety standards and forcing their driver to work under more grueling schedules. These conditions contributed to the increased risk of passengers being involved in a serious bus accident.

“Safety is our number one priority,” said Secretary LaHood. “We will continue to use every resource at our disposal to shut down unsafe passenger bus companies that place motorists at risk and remove drivers from our roads who put passengers in harm’s way.”

While the government is trying to increase safety measures on tour buses, residents are urged to be cautious when choosing a busing company to travel with. Make sure to check their safety records and don’t let the cheapest fair be the deciding factor.
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Tourist accidents in Fort Myers often involve guests who are injured on rental equipment, like Jet Skis, or in other tourists activities, such as parasailing.

The parasailing accident in Clearwater earlier this month offers a stark reminder of how quickly such activities can turn dangerous, or even deadly. It is the second serious parasailing accident in South Florida in as many months and the Fort Myers area is not immune; A mother and her 13-year-old daughter were killed in Fort Myers in 2001 when their tow line broke in stormy weather.

Frequently, these operations will have guests sign a waiver. Such waivers do not absolve operators from serious or fatal injuries caused by negligence. Personal watercraft are responsible for a large number of injuries each year. Renting to kids, renting poorly maintained equipment, and failure to provide proper instruction or safety gear are among the most common causes of injury accidents. Speaking to a Fort Myers personal injury lawyer or wrongful death attorney can help protect your rights in the wake of an accident while visiting Southwest Florida.

In the Clearwater parasailing accident, a 27-year-old woman was critically injured when the tether line snapped, sending her crashing onto the beach. Her fiancee landed in the water and had minor injuries. Local police, the U.S. Coast Guard and the Florida Fish and Wildlife Conservation Commission have launched an investigation into the company responsible for the ride.

Area lifeguards report a major storm had been moving into the area all afternoon. About 2:30 p.m., winds jumped from 7 mph to 22 mph — the National Weather Service reports gusts over 34 mph. About 3 p.m., the line towing the victim snapped, causing her to crash into the beach while still tethered to the runaway parachute. She reported slammed into beach umbrellas and was dragged through a volleyball court.

A spokesman for the Fish and Wildlife Conservation Commission said there are no rules regulating when parasailing companies can take people out on the water. There is also no law on the amount of insurance an operator must carry.

But when greed or negligence leads to a serious or fatal accident, a business can and should be held responsible.
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