Personal Injury

Amazon Next-Day Delivery Causing Havoc in Neighborhoods

September 30, 2019 | Associates and Bruce L. Scheiner

Internet juggernaut Amazon is under increasing fire for traffic collisions involving its next-day delivery service.

Media reports, including this one on BuzzFeed.News, continue to illustrate how the company works to escape liability. In one instance, a 3-ton delivery van, working a neighborhood during the holiday rush a few days before Christmas, barreled into an 84-year-old grandmother, nearly killing her. In another case, an Amazon driver working a Chicago neighborhood was charged with reckless homicide.

Our Fort Myers injury lawyers blogged recently about liability Amazon faces for selling dangerous or defective products. In those cases, Amazon is also working to escape liability, by blaming third-party vendors.

Back-to-School Safety Checklist for SWFL

September 10, 2019 | Associates and Bruce L. Scheiner

The National Safety Council recently published an excellent Back-to-School Safety Checklist for parents and students.

Our injury lawyers in Fort Myers and Cape Coral have published a number of back-to-school safety articles in recent weeks, including Back-to-School Bicycle and Pedestrian Accident Risks and school bus injury risks in Southwest Florida.

But the fact is autumn is the most dangerous time of the year for a number of reasons.

Weather-Related Traffic Collisions an Autumn Danger

August 20, 2019 | Associates and Bruce L. Scheiner

We are entering the height of hurricane season in Southwest Florida and that means any number of additional dangers on the road.

NBC-2 reported a motorist escape injury last week after crashing a car into deep standing water in a field in Fort Myers. The incident illustrates the risks drivers face anytime they leave the roadway during rainy season in Southwest Florida, where standing water, retention ponds, and hundreds of miles of canals, rivers and inlets pose unique risks to motorists.

In a separate incident, six people were hurt after lightning struck the rooftop of an apartment complex. In that case, the injured were working on the roof. One woman fell two stories. Another victim fell from a ladder and struck his head on the pavement.

E-Scooters Coming to Roads of SWFL

July 16, 2019 | Associates and Bruce L. Scheiner

The raging debate over the safety of e-scooters is coming to Southwest Florida, as Florida lawmakers largely swept away any final hurdles to the self-transportation devices that have proved wildly popular with teenagers and millennials.

The Tallahassee Democrat reports more than 1,000 e-scooters hit the streets of the state capital this week for a 3-month pilot program. The scooters can be rented at 21 locations operated by five different companies as tens of thousands of people visit the area for college football games this autumn. Pilot programs are also underway in numerous other Florida cities, including Tampa and Fort Lauderdale.

Personal Injury and Wrongful Death Risks in SWFL

July 7, 2019 | Associates and Bruce L. Scheiner

Florida has been named the third most-dangerous state in America.

ABC News reports Florida ranked 48th safest in a study that looked at five factors: Personal and residential safety, financial safety, road safety, workplace safety and emergency preparedness. Only Louisiana and Mississippi ranked worse.

The annual WalletHub report looked at a total of 52 key indicators, including homicides and assault, unemployment levels, and the impact of natural disasters.

Injury lawyers in Fort Myers and Cape Coral know Florida residents continue to be most impacted by road safety. Florida ranked almost dead last for traffic safety and reports the highest levels of traffic fatalities for pedestrian accidents, bicycle accidents and motorcycle accidents, while ranking behind only California and Texas when it comes to drunk driving accidents, car accidents and accidents involving trucks or other large commercial vehicles, according to annual data released by the National Highway Traffic Safety Administration.

Personal Injury and Wrongful Death Claims: Arbitration Agreements

July 6, 2019 | Associates and Bruce L. Scheiner

Corporate America continues to use mandatory arbitration agreements to strip consumers of their right to make civil claims in court.

“Voluntary” and forced arbitration agreements are quickly becoming the norm as businesses seek to shield themselves from liability. Kiplinger Finance recently examined the trend of forced arbitration agreements in credit card and other financial contracts. In many cases, consumers are given the option of opting out of arbitration. It’s critical to read the fine print of your contracts and follow up by opting out of such agreements whenever possible.

While most civil claims, including personal injury and wrongful death lawsuits, are decided in court, arbitration agreements force both sides to agree to settle their differences through an arbitrator of facts, outside the court of law. Frequently, these arbitrators survive on corporate business.

Fourth of July Fireworks Safety

June 15, 2019 | Associates and Bruce L. Scheiner

As we enter the height of summer, all of us at Associates and Bruce L. Scheiner, Attorneys for the Injured, wish you a wonderful Independence Day.

The weather is beautiful and the beaches and waterways are flourishing. Our Fort Myers car accident lawyers remind you to plan your trip and drive safely, always designate a driver and avoid distraction. Your number one injury risk this summer is being involved in a traffic collision. Boating and water safety should also be high on your list of concerns if you plan to be on the water.

But each year fireworks hit the night sky to signal the start of the peak summer season. And each year injuries occur, both at sanctioned municipal or corporate shows, or as a result of using backyard fireworks. These incidents are not rare. In fact, they have grown increasingly common amid the nation’s lax enforcement attitude toward fireworks sales. And the injuries typically result in permanent scarring or lasting disability, with severe burns, facial disfigurement, loss of eyesight and loss of fingers being among the most common.

The Insurance Journal reports nearly 13,000 serious firework injuries occur each year in the United States as fireworks sales approach $1 billion amid relaxed laws and enforcement. At least 8 people a year die as result of fireworks injuries. Two-thirds of accidents occur between mid June and mid July.

In Florida, F.S. Chapter 791 governs the sale of fireworks. While the law allows for the sale of fireworks, it prohibits consumer use of anything that explodes or emits sparks, except by permitted groups and organizations that seek advanced permission. Roadside stands and temporary fireworks emporiums that spring up each summer use the law to sell many fireworks that are not legal for consumers to detonate in Florida.

Effectively, Florida law outlaws all but the sparklers, smoke bombs, and other minor novelty items of the type sold at Publix or Walmart.

Florida Texting Law Targets Driver Distraction

May 11, 2019 | Associates and Bruce L. Scheiner

Florida lawmakers have passed a tougher measure aimed at texting drivers. Our Fort Myers car accident attorneys continue to see far too many collisions caused by distraction and view this as a long overdue step in the right direction.

The new law, which awaits Gov. Ron Desantis’ signature, makes texting (including messaging, emailing and other forms of typing on a mobile device) a primary violation, meaning an officer can stop and cite a motorist without other cause for the traffic stop. Under current law, a texting violation is a secondary offense, meaning a motorist can only be cited once stopped for committing another traffic violation.

In January, we wrote on our Florida Injury Lawyer Blog about the lack of progress Florida lawmakers have made when it comes to improving traffic safety. Florida continues to lag far behind most other states by almost every measure. AAA reports 44 other states already have laws as strong or stronger on the books. More than half of all states ban all hand-held cell phone use by drivers as studies continue to show hands-free options contribute to a significant number of serious and fatal distracted driving accidents.

Workplace Violence Prevention in SWFL

April 18, 2019 | Associates and Bruce L. Scheiner

Workplace violence is an area of growing focus and concern for area employers.

The National Safety Council reports more than 18,000 injuries and nearly 500 fatalities occur each year as a result of workplace violence, making it among the leading causes of serious and fatal on-the-job injuries.

Certain careers, including healthcare, education and taxi or livery drivers, face higher risks. But every workplace should have a plan when it comes to reducing or eliminating the chances of workplace violence.

Our injury attorneys in Cape Coral and Fort Myers know it’s the mass shootings that make the news. But these incidents more commonly involve former spouses, or a personal dispute that results in a perpetrator assaulting an employee in the workplace. Many of these instances can be prevented by properly monitoring workplace access, and by educating employees about how to deal with trespassers or intruders.

Florida Construction Injuries on the Rise

March 24, 2019 | Associates and Bruce L. Scheiner

The risk of construction injuries has increased substantially as the Southwest Florida economy continues to flourish.

The Occupational Safety and Health Administration has cited numerous Florida companies for incidents that have resulted in serious and fatal employee injuries since the first of the year. In March, a South Florida restaurant was cited after an employee suffered severe burn injuries, a contractor was cited for safety violations after two fatalities at a hotel construction site in Orando and a contractor was cited after a roofing worker fell to his death at the Forest Glenn Community in Naples.

Other recent Florida work safety violations include a landscaper who suffered fatal heat-related injury, and employers that have been cited for amputation and machine-guard risks or violations. Our injury lawyers in Fort Myers and Cape Coral know those working in the construction industry face the highest injury risks.