Lightning Strikes – Heat Stroke – in Focus this Autumn

July 23, 2022 | Associates and Bruce L. Scheiner

Local athletes will begin reporting for fall sports training and the start of the school year is just around the corner, as South Florida enters the hottest and wettest two months of the year.

Schools and municipalities have made significant efforts when it comes to reducing the risk of lightning strikes, heat stroke, and other risks to students and teenage athletes after several high-profile tragedies in recent years.

In Lee County, both the school district and the parks department have installed lightning alert systems, which sound alarms and activate strobe lights when lightning is detected within 10 miles. All outdoor activities must stop. Students are even kept after school if afternoon storms threaten safety. Most coaches have also undergone training in identifying and treating heat sickness and heat stroke.

Gas Station Shooting Results in $2 Million Negligent Security Settlement

July 21, 2022 | Associates and Bruce L. Scheiner

The recent $2 million South Florida wrongful death settlement awarded to the family of a murdered gas station customer highlights the risks many retail workers and customers face, particularly at businesses that operate through the night.

Our negligent security lawyers in Fort Myers and Cape Coral have written about these types of premises liability claims in discussing past jury and settlement awards stemming from dangerous conditions on commercial property. Too often, victims of assault assume they have no recourse against the property owners or managers when victimized by crime. But that is often not the case, particularly when known dangers are not addressed, or when previous criminal activity that endangers employees or the public is ignored by owners and managers who are legally responsible for mitigating such risks.

In this case, A 17-year-old stopped at a Miami Gardens gas station in October 2019 to buy snacks and fill up with gas. An unknown person approached his car and opened fire, killing the teen and leaving behind grieving parents and the grief that comes with unanswered questions in the wake of such senseless violence.

Summer Teen Safe Driving Tips

June 30, 2022 | Associates and Bruce L. Scheiner

We wrote earlier this week about the 100 Deadliest Days of Summer and the driving behaviors we can all keep in mind to reduce the risks of being involved in a serious traffic collision. Our car accident lawyers in Fort Myers and Cape Coral also reminded parents that teen drivers are at highest risk. And we urged you to take special care to talk to the teens in your family about the importance of practicing the key safe-driving habits – avoid distraction, obey the law, never drive intoxicated, and take special care around vulnerable road users like motorcyclists, bicycle riders, and walkers – each time they get behind the wheel.

But the high risks faced by teens each summer is worth a full discussion. Already at the highest risk on the road, teenagers are more likely to be killed in a traffic accident between Memorial Day and Labor Day than at any other time of year. The freedom that comes with summer, parents who relax restrictions and expectations, and traveling with other young passengers, are all among the leading risk factors.

Keeping our Teens Safe on The Roads of SWFL

Safe Driving Best Protection from Summer’s 100 Deadliest Days

June 28, 2022 | Associates and Bruce L. Scheiner

The period between Memorial Day and Labor Day is known as the 100 Deadliest Days for travel. While gas prices are at record highs, there are no indications that families are cutting back on travel plans this summer after two years of pandemic related isolation and restrictions.

Our car accident lawyers and Fort Myers have been representing families dealing with the serious injury or death of a loved one in Southwest Florida for more than half a century. In most cases, these “accidents” are entirely preventable. In fact, they are most often caused by the same dangerous driving behaviors we see over, and over, and over again. We have written about them often, but we encourage you to take a moment to read them and make safe driving a topic of family conversation. There are real, concrete steps each driver in your household can take to drastically reduce the chances of being involved in a life-altering motor vehicle collision.

Review your Homeowner’s Liability Policy

June 26, 2022 | Associates and Bruce L. Scheiner

Our Fort Myers injury lawyers often remind motorists about the importance of auto insurance, particularly the need to purchase policies with significant liability limits of $50,000 per person/$100,000 per accident at a minimum, and higher limits are recommended and typically available for a modest increase in premiums. Likewise, uninsured motorist/uninsured motorist coverage, which is optional in Florida, offers vital protection to you and your family in the event you are involved in a collision with one of the many uninsured or underinsured drivers on the road.

But we spend less time talking about your homeowner’s liability insurance, which is also a critical component when it comes to protecting the financial well-being of you and your family. The increasing challenges facing Florida homeowners when it comes to purchasing and maintaining homeowner’s insurance has been a frequent topic in the news lately. But those challenges are related to the storm damage portion of your policy as hurricanes become more common and power powerful along the coast each year.

Summer Swimming Pool Safety Tips

June 1, 2022 | Associates and Bruce L. Scheiner

With schools letting out for summer, kids are ready for a much deserved break. There is every evidence, after two years of COVID, that families are planning more trips and more gatherings with family and friends, than they have in recent years.

All of us at Associates and Bruce L. Scheiner, Attorneys for the Injured, wish all of you a safe and enjoyable summer. We urge you to pay particular attention to the risks associated with backyard swimming pools. Florida has nearly 1 million pools – more than anywhere else in the nation – and the start of summer is typically the most dangerous time of the year for drowning and near-drowning accidents.

Florida law puts the responsibility for swimming pool safety on the homeowner by requiring locked fences, door alarms, and other safety features be installed on almost all private pools. When it comes to kids, Florida’s attractive nuisance doctrine may hold homeowners liable for serious or fatal injuries even if a child trespasses. The law recognizes property owners have an obligation to keep children safe from dangerous conditions on their properties that might entice them.

Motorcycle Safety Month Opens Summer Riding Season in SWFL

May 31, 2022 | Associates and Bruce L. Scheiner

May is motorcycle safety awareness month. It is also the start of the summer riding season in Southwest Florida.

While Florida weather permits year-around riding, it also exacerbates the risks, both because motorcycles are on the road all year, and because the never-ending ride breeds complacency among motorists who, because they see riders all year long, might not see them at all.

The truth is the vast majority of motorcycle accidents involving a motor vehicle are the fault of the vehicle’s driver. But that does not mean motorcyclists are powerless when it comes to reducing the risks. Our motorcycle injury lawyers in Fort Myers and Cape Coral have been representing riders and their families in personal injury and wrongful death claims for half a century. And there are a number of lessons we have learned over the years when it comes to safe riding on the roads of Lee, Collier and Charlotte counties.

Motorists: It is YOUR job to prevent motorcycle accidents

May 30, 2022 | Associates and Bruce L. Scheiner

Here is the hard truth: If you are involved in a collision with a motorcycle, it is probably going to be your fault.

May is Motorcycle Safety Month. Too often, when we think about motorcycle safety, we think about things riders can do to protect themselves from being involved in a serious or fatal accident. In other words, most motorists do not understand we are talking to them. Yet our motorcycle injury lawyers in Cape Coral and Fort Myers know most motorcycle accidents involving a motor vehicle are determined to be the fault of the vehicle’s driver.

Motorcycles are on the road all year long in Florida. That can build complacency among drivers, who simply stop paying attention to them. Know that even a low-speed collision with a rider has every chance of resulting in very serious or fatal injuries. Motorists must avoid the heartache of being involved in a tragedy, as well as the very serious liability, by respecting their rights and always giving riders the right of way. The few extra seconds it takes to avoid a tragedy is well worth it.

Motorcycle Safety Tips for Drivers

As veteran motorcycle injury lawyers, we have been representing riders and their families in personal injury and wrongful death claims in Southwest Florida for more than half a century. Here is our best advice for you, the driver:

Yield: Always, always yield to a rider. Let them pass. Let them turn in front of you. Give them time to get going after a light turns green. Essentially, avoid any potential conflict or contact.

Beware turning riders: Motorcycles take longer to stop and generally slow by downshifting, not applying the brake. Turn signals are not self-cancelling and may not activate, so should not be relied upon. Let a rider complete a turn by slowing down well before they make their move.

Look twice: Riders are difficult to see. They can be easily missed or hidden in a blind spot. Whether turning, or changing lanes, always look twice for riders.

Be careful at intersections: These are a leading spot for accidents. Look for cross traffic. Riders sometimes cannot stop in time to avoid a yellow light. Make sure the roadway is clear and don’t jump the light. Understand a motorcycle takes a moment to start from a dead stop, as a rider gets his balance. Don’t tailgate. A surprising number of accidents occur when a vehicle rear-ends a rider.

Don’t try to judge speed: Because of their small size, motorcycles are often traveling faster than it seems. Don’t try to turn in front of an oncoming rider, which is the leading cause of collisions. And slow well before you come upon a rider.

By doing your part this summer, you can avoid being involved in a tragedy. Every motorist has an obligation to do whatever they can to make sure these riders make it home safely to their families.

If you or a loved one is injured, call Associates and Bruce L. Scheiner, Attorneys for the Injured, at 1-800-646-1210. Continue reading ›

Rainy Weather Brings Accidents Risks in SWFL

May 7, 2022 | Associates and Bruce L. Scheiner

This week’s torrential rains across much of Southwest Florida are a reminder that rainy season is upon us, and is perhaps arriving a bit early this year.

If you are new to Southwest Florida, or just visiting, the force of tropical rain storms may take you by surprise. While rain storms up north typically build to several moments of blinding rain, storms in South Florida are likely to result in blinding rain from start to finish. While such downpours are typically relatively brief, they can reduce visibility to zero and quickly make safe driving impossible.

Parasailing and Watercraft Safety in Focus on Fort Myers Beach

May 5, 2022 | Associates and Bruce L. Scheiner

Parasailing and personal watercraft rentals are in the news after the developers of the Margaritaville resort asked Fort Myers Beach officials to expand the number of available licenses.

Opposition is coming from current operators of parasailing and personal watercraft rentals on the beach, citing increased competition and the potential for more safety issues. The town has limited the number of operators since 1995, following restrictions enacted by Lee County in the wake of a number of safety issues. Current operators are pushing to force the resort developers to purchase licenses from an existing operator, which the resort said would cost more than some real estate on the beach and would be cost prohibitive. One estimate put the cost of a license at more than $1 million.

The referenced Lee County Ordinances and Fort Myers Beach ordinances primarily aim to restrict areas in which rental craft and other personal watercraft can be operated along the shoreline, and to ensure such businesses are properly registered so that the county can collect business taxes. Ordinances also require both personal watercraft and parasailing businesses to carry liability insurance, although there is no mechanism in place to ensure compliance. Continue reading ›

Florida Injury Lawyer Blog

Keeping our Teens Safe on The Roads of SWFL

Motorcycle Safety Tips for Drivers