Florida Injury Lawyer Blog

Checking in on Nursing Home Residents through the Holidays

January 3, 2013 | Associates and Bruce L. Scheiner

Our elderly loved ones deserve to be treated with dignity and respect. Unfortunately, there are many families who face the tough decision each year of putting their elderly member in a nursing facility. What’s most important when making this decision is evaluating your nursing home options.

Our nursing home neglect attorneys understand that more than half of the homes across the nation don’t meet the suggested minimum staffing level for nurse’s aides. About a third of them don’t meet the standards for registered nurses and about a quarter of them don’t meet the requirements for other licensed staff. When these minimum are not met, it’s our loved ones who suffer.

If you already have a loved one in a nursing home or an assisted living facility, the holidays are an excellent time to check in on them and to make sure they’re getting the care they need. When visiting these homes, be on the lookout for any signs of nursing home neglect or abuse. These homes receive the majority of their visits around the holidays and are typically on their best behavior. If you see things that are cause for concern, you can be virtually certain conditions are no better throughout the year. It is incumbent upon each one of us to policy the system, and to help ensure the welfare of our most vulnerable older adults.

Signs of Neglect of Abuse in a Nursing Home:

-Malnutrition
-Dehydration
-Physical Abuse
-Emotional Abuse
-Bed Sores
-Pressure Ulcers
-Improper Restraint
-Isolation from Friends and Family Members
-Dirty and Unsanitary Living Conditions
It’s important to remember that our loved ones may not speak up about these conditions so it’s our job to do the investigative work. Many of our elderly loved ones might not have the physical or the mental capacity to communicate these problems with us or with staff members.

According to the National Center on Elder Abuse, the number of elder abuse incidents about doubled from 1986 to 1994, jumping from 120,000 to about 240,000.

What might be alarming to some is that by 2030, one out of every five Americans will be a senior citizen. A lot of these individuals will be in assisted-living facilities, too! With this increase in the elderly population, we can only expect a decrease in the level of staffing and care — unless there are some big changes.

Use this time of year and the visits with your elderly loved ones to check and to make sure that all is going well. Take a peek at the number of employees present during your visit. Scope out the cleanliness of the facility, look at the food and at how others are interacting. If you suspect something is amiss, start asking questions and share your concerns with an experienced nursing home neglect and abuse law firm.
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Florida: One of the Deadliest for Drunk Driving Car Accidents

December 30, 2012 | Associates and Bruce L. Scheiner

The State of Florida continues to be one of the deadliest states in the nation for drunk driving crashes. Once again, we reported the third-most deaths in 2011, behind California and Texas, which both have a larger population, according to Mothers Against Drunk Driving (MADD).

Not only did we see a significant increase in the number of drunk driving accident fatalities in the state of Florida from 2010 to 2011, but these accidents continue to account for about 30 percent of all car accident deaths.

Our Cape Coral drunk driving accident lawyers are reminding motorists to be extra careful out there, especially through the holiday season. Through November, December and January, we see some of the highest risks for these kinds of accidents. That’s why officials with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) are pushing the “Drunk and Drugged Driving (3D) Prevention Month” campaign. This campaign is taking place through the entire month of December and it’s working to keep intoxicated drivers off of our roadways.

“Those who drive under the influence endanger everyone on the road and will go to jail,” says Pam Bondi, Florida Attorney General.

Officials with the National Highway Transportation Safety Administration (NHTSA) are also pushing safety measures, including the “Drive Sober or Get Pulled Over” holiday campaign.

According to the U.S. Department of Transportation, the number of drunk driving accident fatalities is actually down. Still, there were nearly 10,000 people who were killed in these kinds of collisions last year. While the decrease is good news, the fact that these completely preventable accidents are taking the lives of thousands every year is completely unacceptable.

“Ultimately, personal responsibility is critical to improving roadway safety and we urge all motorists to be responsible this holiday season and never, ever drive drunk,” said David Strickland, Administrator for the NHTSA.

The NHTSA is pushing about $7 million in TV and radio ads to help to raise awareness about the dangers of drunk driving. Officials believe that raising awareness is one of the most effective ways to keep intoxicated drivers from behind the wheel. During this time of the year, not only are you at some serious risks for an arrest and for jail time, but you’re at some serious risks for a potentially fatal car accident when drinking and driving.

Be safe out there and make sure that your holiday plans include a designated driver or another safe and sober way to get home if you plan on drinking. It’s a move that could wind up saving your life. Happy Holidays to you and your family and remember to be safe and sober out there. Call *347 or 9-1-1 if you think you spot a drunk driver on Florida roadways.
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Toppling Appliances Injuring Our Youngest Family Members

December 26, 2012 | Associates and Bruce L. Scheiner

Officials with the U.S. Consumer Product Safety Commission (CPSC) are reminding parents to make sure than they stabilize, or anchor, their furniture, television and appliances.

This move is to help to prevent a tip-over accident, which too often results in injuries and deaths involving some of our youngest family members. They most often happen when our children are reaching for something, like a toy, a remote or the TV buttons. They’re even using dressers and other large pieces of furniture to climb.

According to a recent release from the CPSC, there were close to 350 consumers (nearly 85 percent children under 9-years-old) who were killed from 2000 to 2011 in these kinds of accidents — when furniture or televisions toppled over on top of them. In 2011, we saw the highest number of these kinds of reports — claiming the lives of more than three dozen. In 2010, there were about 30 and in 2009 there were a little more than 25 fatalities reported. The total may jump even more as officials await better reporting standards.

Our Lehigh Acres injury attorneys understand that children don’t always consider or understand the dangers or the risks that are associated with what they’re doing. A child’s cognitive and reactive abilities may never alert them to the risks for a tip-over accident. That’s why it’s important for parents, as well as hotels, resorts, businesses, restaurants and other establishments, to make sure that their premises are safe for our youngest of residents. We all have an obligation to keep our little ones safe!

“We know that low-cost anchoring devices are effective in preventing tip-over incidents,” said Inez Tenenbaum, CPSC Chairman. “It takes just a few minutes to do and it can save lives.”

According to the CPSC, there are close to 45,000 consumers who are injured in these kinds of accidents each and every year. Close to 30,000 (or about 60 percent) of these injuries are experienced by children who are under the age of 18. Falling furniture accounts for about half of all of the injuries that are reported. Falling TVs have been proven to be the deadliest cause of these accidents, and they’re involved with more than 60 percent of reported deaths.

Our children are no match for a tumbling dresser. They don’t stand much of a chance against a 100-pound TV or even a wall unit. Children involved in these kinds of accidents oftentimes sustain serious injuries as a result of getting crushed or being trapped under a unit. In more than 55 percent of these fatal incidents and in close to 40 percent of the injuries, the child was hit in the head by the item that fell.

What has happened in many of our households is we’ve made the transition to smaller, flatter televisions, putting the older, bigger and heavier TVs in our children’s room or in guest rooms. Many times, they’re not properly mounted. About 40 percent of these accidents are reported to have happened in a bedroom while less than 20 percent happen in family rooms or living rooms.

There are even a number that are reported to happen outside of the home, like in hotels, resorts, restaurants and other businesses. We all have an obligation to secure these devices and keep our children safe.
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Busiest Travel Season in History, Officials Project

December 25, 2012 | Associates and Bruce L. Scheiner

Unemployment is on the decline, the economy is on the mend and gas prices are more affordable. For these reasons, more Americans will be traveling over the holiday period. It very well could be one of the busiest holiday travel periods ever!

According to the Sun Sentinel, there are going to be close to 5 million Floridians who will be traveling at least 50 miles from their home during the holidays. According to AAA, about 4.3 million of those travelers will be doing so by motor vehicle.

The holiday travel period runs from December 22nd through January 1st.

Our Fort Myers personal injury attorneys understand that more traffic on our roadways means more risks for accidents. Snowbirds are heading down for the winter, visitors are coming in for their holiday vacations and residents are hitting the road to visit with friends and family. Nationwide, close to 94 million Americans are expected to travel. That’s a near 2 percent increase from the year before. And many of those travelers will be venturing to the Sunshine State.

“The year-end holiday season remains the least volatile of all travel holidays as Americans will not let economic conditions or high gas prices dictate if they go home for the holidays or kick off the New Year with a vacation,” said Brent Hubele, Vice President for AAA.

Traveling over the holiday period can be stressful and dangerous. That’s why we’re here to offer you some Safe Driving Tips for the Holidays:

-Before setting off on your trip, check out your vehicle. Make sure it’s tuned and in good shape to go. Check the tires to make sure they’re not too worn, make sure your fluids are fresh and full and make sure your windshield wipers are working properly.

-Make sure that everyone in your vehicle is properly buckled in during every car ride. Seat belts are one of the best ways to help to prevent injury and death in the event of a collision.

-Travel with some flexibility. Make sure you leave early and factor in time for traffic and for rest stops. Check the weather, traffic and road conditions before departing.

-Stay awake at the wheel. The night before your trip, make sure you get plenty of sleep. You don’t want to be drowsy behind the wheel. During your trip, make sure you stop for a break every 2 hours or at least once every 100 miles.

-Watch your speed. The faster you’re going, the higher your risks are for an accident — and for a traffic citation. Travel at a safe speed and keep a safe distance between you and the cars around you. Let aggressive drivers pass.

-If there’s going to be drinking, there shouldn’t be any driving!

-Stay focused behind the wheel. Don’t let distractions take your attention off of the roadway. Distractions increase your risks for accidents significantly!

Happy Holidays and be safe out there!
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Defective Products and the Holiday Shopping Season

December 24, 2012 | Associates and Bruce L. Scheiner

As we exchange gifts — whether among parents, friends, family members or coworkers — we are all bringing new products into the home through the long holiday season. An important step to help ensure the safety of you and your family is to check the latest product recalls list from the Consumer Product Safety Commission (CPSC).

The CPSC is in charge of working to keep dangerous products out of the hands of consumers. Many of these products can cause serious accidents, injuries, fatalities and property damage. Each year, these products cost the U.S. more than $900 billion. Some of the products come with chemical, electrical, fire or mechanical hazards. It’s important to check the CPSC recall list often (especially when gift-buying) to make sure that no dangerous or defective products make it into the households of your friends and loved ones.

Our Florida defective product attorneys are here to keep you up-to-date with some of the latest recalls. It’s important to check these recalls when bringing products into the home.

Water Balz, Skulls, Orbs and Flower Toys Recalled by Dunecraft:

More than 94,500 of these toys have been recalled by Dunecraft Inc., of Cleveland, Ohio because of serious hazards to children. The marble-sized toys can be a choking hazard. They don’t show up on x-rays either and need surgery to remove, often causing intestinal blockage. An 8-year-old from Texas underwent surgery after ingesting the product. If you have one of these products, please call the company at (800) 306-4168 to get a free replacement toy.

Baby Jogger Recalls City Versa Strollers:

More than 8,000 of these strollers have been recalled from Baby Jogger LLC, of Richmond, Virginia. What can happen is the frame can come unlocked and can collapse during use. This serves as a serious fall hazard to children riding in the stroller. There have already been six incidents reported. If you have one of these strollers, contact the company at (877) 506-2213 for a free replacement stroller frame.

Bath Seats Recalled by Dream On Me:

About 50,000 of these bath seats have been recalled by Dream On Me Inc., of South Plainfield, New Jersey. They don’t meet federal safety standards, most specifically stability requirements. They can easily tip over and can serve up a serious drowning risk for children. There has already been five incidents reported, including a near-death report of a 12-month-old. If you have one of these items, please contact the company at (877) 201-4317 for a free replacement bath tub.

We want to wish you and your family a Happy Holiday Season and ask that you review the latest recalls with the CPSC to make sure that no defective, dangerous or recalled products make it under your tree this year.
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Keeping Party Guests Safe at Your Holiday Festivities

December 19, 2012 | Associates and Bruce L. Scheiner

If you’re planning on serving cocktails at you holiday party this year, you’re going to want to make sure that your guests have a safe ride home. After all, you could be held responsible. Unfortunately, anytime there’s a celebration, the danger of drunk driving is always a possibility, as is a terrible car accident causing injuries to all involved.

Our Cape Coral accident attorneys want to make sure your party is successful — and safe! Go ahead and review the following tips when planning out this year’s holiday festivities. Be a good hosts and lookout for your guests.

Holiday Party Safety Tips:

-Don’t serve liquor. You don’t need booze to have a good time. We do understand that this may not be realistic, but moderation is key.

-Keep an eye on how much your guests are consuming. Open bar only encourages over-drinking. You could even provide guests with “drink tickets” with a certain amount for each guest.

-Make sure your guests are well fed. Consider serving food when the bar closes.

-An hour to two before the party ends, close the bar to allow for more time to “sober up.” Check up on all guests before closing down for the night.

-Consider having the party off-site. If the party takes place at a restaurant or a hotel with a liquor license – and the facility’s employees serve the drinks – you’re less likely to be held responsible.

-Make sure that cab rides are available for all guests. Keep company phone numbers at hand. Offer these numbers to guests without a designated driver.

-Keep an eye out for minors. You can get in some serious trouble if you’re busted by authorities serving alcohol to minors.

-In Florida, party hosts’ are responsible for their guests’ actions after leaving a party intoxicated only if the guests are minors or the person is addicted to alcohol.

-Consider hiring a professional bartender. This way they can monitor how much guests are consuming.

-As a party host, you’re urged not to get too intoxicated. You’re going to want to keep an eye on all aspects of your party. Stay sober and stay in the loop.

-Make sure there are plenty of drinks without alcohol on hand to not only encourage guests to stay sober, but also to offer guests a designated driver as needed.

-Make sure that all guests who are drinking have a designated driver or a safe way home.

-Allow guests to spend the night if they don’t have a safe way to get home. Have blankets, sleeping bags, and pillows ready.
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Holiday Decorations & Residential Fire Risks in Southwest Florida

December 18, 2012 | Associates and Bruce L. Scheiner

Before climbing up onto the roof to string those holiday lights, there are a few things you should know. There are close to 13,000 people treated every year in emergency rooms because of injuries resulting from holiday decorations. These injuries are commonly caused by shocks, cuts and falls, according to the U.S. Consumer Product Safety Commission (CPSC). Holiday decorations include holiday lights, candles, decorations and even Christmas trees.

Residents use candles year round, but it’s the holiday season when we see the most fires from these lighted decorations. Each year, there are more than 11,500 fires started by candles. These incidents kill close to 200 people, injure another 1,200 — they cause more than $170 million in property loss. Christmas trees might be pretty, but they can be dangerous. Every year, there are about 300 fires that are started by Christmas trees. These accidents kill an average of 10 people, injure close to 40 and cause more than $10 million in property damage and loss.

Our Fort Myers personal injury attorneys understand that this is supposed to be a joyous time of year, but it can quickly turn tragic for those who don’t take fire safety seriously. This is particularly true in apartments and condo complexes, where property managers have an obligation to ensure resident safety. This may include rules and restrictions on certain types of holiday decorations.

To help Floridians get into the spirit safely, Florida Department of Agriculture and Consumer Services is here to offer some tips to help to prevent fire hazards.

Holiday Safety Tips:

-If you’re getting an artificial tree, make sure you get one that is listed as fire resistant.

-If you’re getting a live tree, make sure you get one’s that fresh. Get one that is green and the needles are tough to pull from the branches. The trunk should also still be sticky with resin.

-Keep trees away from heat sources, windows and even exits.

-Use indoor lights where they’re instructed. Keep outdoor lights outside!

-Check each strand of wires before using.

-Never connect more than 3 strands of lights together.

-Don’t use lights on a metallic tree.

-Make sure that you shut down your holiday lights before leaving the house or before going to bed.

-Never tug or pull on lights when taking them down.

-When trimming the tree, only use items that are flame-resistant or non-combustible.

-Be cautious in households with small children and avoid using decorations that are sharp or breakable.

-Stay away from power or feeder lines leading from utility poles into older homes.

-When securing strands of lights to your porch or your roof, consider using clips instead of nails. This will help to keep your from puncturing the electrical cords.

-Discard any lights with cracked sockets, frayed or bare wires, or loose connections.

-Ensure that trees and other holiday decorations do not block an exit. In the event of a fire, time is of the essence. A blocked entry/exit way puts you and your family at risk.

-Keep lit candles away from flammable objects and away from children.
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Stay Safe this Holiday Season: Don’t Drink and Drive

December 17, 2012 | Associates and Bruce L. Scheiner

In 2010, more than 30 percent of all fatal car accidents were alcohol related.

According to the National Highway Traffic Safety Administration (NHTSA), many of these accidents happen during November and December — especially during the holiday season. As a matter of fact, Thanksgiving, Christmas and New Year’s Eve are three of the four deadliest times for car accidents. In 2009, there were close to 100 fatal car accidents during those holiday periods. About half of those accidents involved a drunk driver. In the months of November, December and January, the state of Florida sees about 200 fatal car accidents each month.

Our Fort Myers injury attorneys understand that this isn’t only a Florida problem, it’s a problem nationwide. So, whether you’re staying local through the holidays or you’re venturing out on a winter holiday vacation, we’re asking you to stay safe and sober behind the wheel. It could turn out to be a lifesaving move.

We’d even like to remind you that “Buzzed Driving is Drunk Driving,” according to officials throughout the state. You may not think you’re drunk, but the truth of the matter is that each drink hinders your ability behind the wheel. Because residents are more likely to be out drinking over the holiday season, law enforcement officers throughout the state plan to conduct more enforcement efforts to help to bring down the risks. It’s all an effort to prevent property loss as well as the loss of life. Intoxicated drivers are much more likely than sober drivers to get into an accident.

The best way to avoid a costly arrest or a potentially fatal accident is to avoid drinking. Realistically, we know that there’s going to be drinking though, and that’s why we’re asking you to celebrate the holidays with a plan. Please review and share the following safety tips, from the Florida Highway Patrol (FHP), to help ensure safe travel over the holiday season.

Holiday Drunk Driving Prevention Tips:

-Don’t drink. Staying sober will help to keep you out of jail, money in your pocket and our roadways safe.

-If you’re going to be drinking alcohol, make sure you have a full stomach and you’re keeping an eye on how much you’re consuming.

-Remember that you don’t have to be showing severe signs of being drunk to be over the legal limit of .08 percent BAC (blood alcohol content).

-If you think you spot a drunk driver out there, make sure you call and report them. You can call *347 or 9-1-1.

-Before you even start the night, make sure you have an agreement with a designated driver. This driver is to pledge to get you home safely and to stay 100 percent sober.

-You should always keep the phone numbers of local cab companies with you, especially at holiday parties. This is an easy way to get a sober ride. And trust us, it’s a lot cheaper than a drunk driving conviction.

-If you can’t get a cab or can’t find public transportation, you should either call a friend or a family member to come pick you up or you should stay over at a friend’s house.
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South Florida Traffic Safety: Flooded Vehicles Putting You at Risk!

December 12, 2012 | Associates and Bruce L. Scheiner

We may have lucked out this year by escaping any serious hurricanes here in Southwest Florida, but we still feel the effects of these storms.

You might never think about it — but that new used car could be at increased accident risks because of Hurricane Sandy. How? Officials with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) are warning consumers to beware of dealers selling vehicles without disclosing damage caused by any kind of flooding. Many of those vehicles may have made their way down the East Coast and here to Southwest Florida. Car buyers need to beware and do their homework before selecting which car to purchase.

In the state of Florida, dealers who are licensed with the state are not allowed to make any kind of misleading, false or deceptive claims about the history or the condition of any vehicle. The law also requires that these dealers provide information regarding “Salvage” vehicles. “Salvage” is a term used to classify flood-damaged vehicles. If a dealer doesn’t include all of the proper information, then it violates certain Unfair Trade Practice laws.

Our Fort Myers personal injury attorneys understand that some consumers may never even think to look for this kind of damage. Even when looking, you may never see it if you don’t know what you’re looking for. The truth of the matter is that this kind of damage can seriously hinder the computer and the safety mechanisms on your vehicle. These can in turn serve as serious dangers!

If you’re looking at a car that you think may have been flooded, look over the following:

-Take the vehicle to a qualified mechanic and get their professional opinion. Make sure they inspect the car thoroughly.

-If a deal is “too good to be true” remember that it probably is!

-Take your time and look over the car yourself. You want to make sure that it fits your needs. Buying a vehicle should never be a rushed process.

-Take a look at the engine. You want to be on the lookout for a highwater mark on the block or on the radiator. If you see one, that’s a pretty good sign that the vehicle has been flooded.

-Keep an eye out for any rust or corrosion on any of the wires or any other compartments.

-Make sure you always deal with a reputable company or dealership. This will help to ensure an honest sale!

-Be cautious whenever shopping at car auctions. Oftentimes, flooded vehicles will end up there.

-Before purchasing a vehicle, ask the dealership for a report on the full history of the vehicle.

If you have any questions or issues with a vehicle that you think has been flooded and was purchased from a dealership in the state of Florida, you can contact the Motorist Services Regional Office nearest you.
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Motorcycle Accidents on the Rise in the Sunshine State

December 11, 2012 | Associates and Bruce L. Scheiner

The number of motorcyclist fatalities is on the rise.

According to the most recent statistics from the Florida Department of Highway Safety and Motor Vehicles (DHSMV), were more than 450 riders who were killed in 2011. That compares to 385 killed in 2010.

According to the Sun Sentinel, this is the first year of motorcyclist fatality increases we’ve seen in recent years, three previous years of declines.

However, our Fort Myers motorcycle accident lawyers know Florida is one of the most dangerous state in the nation for motorcycle accidents. A notable trend is the increase in these kinds of accidents among middle-aged and older riders. This can often have a devastating impact on a family’s finances.

According to the most recent statistics, the number of motorcycle riders who died in traffic accidents increased nearly 20 percent in 2011.

In recent years, it was the younger riders who made up the largest group of these motorists, but that trend is slowly shifting.

“Riding motorcycles has become a major hobby for retired Baby Boomers,” said Chanyoung Lee with the University of South Florida’s Center for Urban Transportation Research.

When looking deeper into these statistics, you can see that an increasing number of bikers over the age of 44 are dying in these kinds of accidents. At the same time, there’s been a decrease in the number of fatalities among the younger riders.

From 2005 to 2007, the number of bikers between the ages of 45 and 54 made up less than 18 percent of all motorcyclist fatalities. From 2009 to 2011, this same age group accounted for about 20 percent of these fatalities.

Motorcyclists between the ages of 55 and 64 represented about 10.5 percent of the motorcyclist fatalities from 2005 to 2007. From 2009 to 2011, they accounted for close to 20 percent.

At the same time, riders between the ages of 25 and 34 saw their proportion of fatalities drop from about 23 percent in 2005 to 2007 to about 21.5 percent from 2009 to 2011.

Motorcyclists from the ages of 35 to 44 went from less than 20.5 percent to about 16 percent.

Lee believed that the shift is partly because those who used to ride when they were younger are hoping back on two wheels once again and their skills aren’t as sharp. He urged all bikers to enroll in a motorcycle refresher course to help to maintain safety on two wheels.

You may not fall into the group with the highest risks, but we’re urging you to be safe out there. We’re asking all motorcyclists to be safe and extremely cautious of other drivers. It’s important for everyone to remember that these two-wheeled motorists are some of the most vulnerable travelers out there and are more likely to be seriously injured, if not killed, in the event of an accident with a passenger car.
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