Articles Posted in Personal Injury

Much has been written and reported about the dangers associated with distracted driving. Studies have shown that driving while talking on your cell phone, texting, sending emails or adjusting your MP3 player, among other new-age distractions, can be as deadly as driving while under the influence of alcohol or drugs. But while the focus of most information about this dangerous habit has been largely on those behind the wheel of a car, many may not know that a distracted pedestrian can also cause a tragic car crash.

Research has discovered that many people are unaware of their surroundings while simultaneously walking and using their phone or listening to music. Experiments undertaken by Western Washington University studied groups of pedestrians, and grouped them according to whether they were alone or with other people, were on their cell phone, sending a text message, listening to music through their earphones or simply walking without any electronic devices. The research project found that people who were using cell phones were more likely to walk at a slower pace, change directions more frequently and were less likely to acknowledge others than did those walking while not on their phones. To further test the attentiveness of pedestrians, the researchers added a distracting visual element to the mix – a clown on a unicycle – in order to gauge how many walkers recollected noticing it. Not surprisingly, they found that cell phone users were less likely to have noticed the somewhat unusual activity.

The term for this phenomenon is inattentional blindness, also known as perceptual blindness. While the Western Washington University study was one of the most recent, it was not the first – others have been done by Harvard University, in conjunction with researchers at the University of Illinois – Champagne Urbana. The phrase was first coined in 1992 by Arien Mack, a psychologist at the New School for Social Research, and Irvin Rock of the Department of Psychology at the University of California, Berkeley. The studies typically ask a group of subjects to watch a video or look at a computer screen showing an activity they are asked to follow closely, and afterwards report on what they have seen. In some versions, an intentionally distracting element is added, such as a person in a gorilla suit. Researchers have found that up to 50% of subjects are so focused on watching for what they are told to look for, that they report no recollection of seeing the gorilla suit.

The popularity of organized sports involving young children and teens creates a real danger of sustaining a serious injury for athletes in Florida and throughout the country. From the peewee and Pop Warner leagues up through high school and on college campuses, millions of young sports enthusiasts are injured each year, and they may not even occur during an actual game – more than half of them happen at practice and in training.

Injuries can occur in almost every sporting activity or training session, including golf, soccer, baseball, football, rugby, basketball and several other games. The most serious injuries occur in sports where collisions are a part of the game, but things like torn ligaments and lower back injuries can happen in less strenuous sports, such as golf. Athletes are injured in instances where they don’t warm up or adequately stretch prior to engaging in sports activities, and many happen due to improper or sub-standard safety gear or equipment. Many injuries happen when a player is not in adequate condition to undertake a particular sport, or has not received proper training or conditioning. It is the responsibility of an organization’s coaching staff, team physicians and athletic trainers to ensure that each participant is adequately prepared to play, and to closely monitor the player should an injury occur, Oftentimes, a decision to allow a team member to continue to play after suffering an injury can lead to disastrous results, further aggravating the injury or in some cases, even causing death.

There are several examples of how a sports injury can occur. It may involve product liability, where a child suffers serious injury due to a defective football helmet design.

Everyone knows that if a heart attack or other life-threatening medical emergency strikes, the difference between life and death can be mere moments. In most cases, emergency first responders can access the scene quickly and easily, thanks to advances in technology, global positioning system (GPS) units and advanced training. But, what if you encounter a traumatic injury or serious health condition, and the paramedics can’t find you?

Sadly, that was the case for avid local golfer Phil Hollar when he went out to enjoy a round of golf at a local course. He suffered a heart attack while on the 16th hole, and help was summoned. Unfortunately, although the responding EMTs were able to find the golf course community itself, actually locating Phil on the course proved to be far more difficult.

Phil’s wife, Cher, told the local media that once on scene, there was no one at the facility’s guard gatehouse to provide emergency workers with a layout or map of the course itself. This added precious minutes to the time it took to find him. In this case, those minutes proved to be fatal, and Phil’s life ended, playing the game he loved so dearly.

A federal law designed to keep swimmers safe may be causing confusion among the thousands of owners and operators of public swimming pools at hotels, condominiums and community associations in Southwest Florida.

On December 19, 2007, President Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act, named after the daughter of Nancy Baker and the granddaughter of former Secretary of State James Baker. Graeme Baker died in a tragic incident in June 2002 after the suction from a spa drain entrapped her under the water. This Act was first introduced by Rep. Debbie Wasserman-Schultz, (D-FL), and was supported by the Baker family and Safe Kids Worldwide.

The Act specifies that on or after December 19, 2008, swimming pool and spa drain covers available for purchase in the United States must meet specific performance requirements. Additionally, public swimming pools, wading pools, spas and hot tubs must meet requirements for installation of compliant drain covers.

It’s no secret that The Sunshine State is a popular vacation destination for hundreds of thousands of visitors from all around the globe, and a part-time haven for a huge number of “snowbirds” from our northern neighbors. In Southwest Florida, our sugar-sand beaches, year-round temperate climate and endless family oriented vacation possibilities draw people here to bask in the idyllic Florida lifestyle.

According to the Lee County Visitor & Convention Bureau, there were 450,000 visitors who came to Lee County in June 2009, with roughly 20,000 of those being from Germany. During 2008, one third of the visitors staying in paid accommodations were from Germany, the United Kingdom, Canada, France and Switzerland.

Many times, however, what may begin as the perfect getaway can turn into a life-altering disaster. An accident that involves someone visiting from a foreign country can be even more traumatic than those involving a Florida resident. There may be language barriers, confusion about Florida laws and the legal rights of non-residents, and other factors which come into play after an automobile, motorcycle, boating, aviation crash or any other injury suffered as a result of the negligence of another. Additionally, with so many foreign visitors attracted to Florida by the abundance of world-renowned theme parks and resort destinations here, many are injured and even killed due to negligent operations or faulty equipment which may be found at some facilities.

Since the beginning of 2009 twelve passengers or crewmen have gone overboard from cruise ships or ferries. Two of those instances happened during June in the Gulf of Mexico. This prompted investigatory reporter, Ben Montgomery of the St. Petersburg Times to study how individuals wind up in the Gulf or ocean.

Part of the answer is in the abuse of alcohol on board cruise ships. In 2008 13 million Americans (some inspired by the former TV show Love Boat) took cruises, and although the number of deaths while cruising is a relatively small percentage, excessive drinking on board causes accidents both to the individual drinking and other passengers or crew members.

Well-known travel writer and TV producer, Peter Greenberg finally convinced one of the cruise lines, NCL (Norwegian Cruise Line) to allow him, without restriction, to film a television show on-board NCL’s Norwegian Pearl . This television special originally aired on CNBC March 24, 2009, and it has been so popular that it has re-run a number of times. We urge you to check your local television schedules to find out when you can see this very compelling show which is called Cruise Inc. It is part of CNBC’s popular specials which have looked at the airline industry, fast food industry, WalMart and others in a series they call A Week in the Life Of…