Florida Injury Lawyer Blog

Southwest Florida Swimming Pool Accidents a Summer Risk

May 14, 2014 | Associates and Bruce L. Scheiner

Every year, Florida loses more children between the ages of 1 and 14 to drowning than any other state. The number of children annually who don’t live to see their fifth birthday in Florida as the result of drowning could fill four preschool classrooms.

Swimming pool accident attorneys in Fort Myers take this issue gravely seriously, with the understanding that every single one is preventable.

Owners of pools – whether at apartment complexes, public facilities or private homes – have a duty of care to those in their community – particularly children – to ensure that the pool and surrounding area is safe. This is true even in cases where the child is a trespasser or the owner did not know the child was on the premises.
Continue reading ›

Florida Crashes Highlight “Move-Over” Law as Summer Road Construction Begins

May 12, 2014 | Associates and Bruce L. Scheiner

A series of crashes on Florida’s highways involved the failure of drivers to slow down for the appropriate weather conditions and obey the state’s “Move-Over” law.

The crashes resulted in three deaths – including one Florida Highway Patrol trooper – and several serious injuries, including another state trooper.

Fort Myers car accident attorneys know that these incidents are going to mean that troopers and law enforcement officers will be on the lookout for violators of these laws, with the hope of significantly reducing future tragedies.
Continue reading ›

Florida Injury Lawsuit Limits Pushed by Big Businesses

May 7, 2014 | Associates and Bruce L. Scheiner

Big business in Florida is pushing hard to get lawmakers to pass a series of bills limiting awards in civil lawsuits in the state. These powerful business lobbyists, which include Disney, Publix, State Farm, Walgreen’s and Liberty Mutual, are focused on two measures in particular.

One of those promises to alter the way medical damages are tallied for accident victims, which would almost certainly result in smaller jury awards and pre-trial settlements. Even negotiating a pre-trial settlement would be tougher because it would strip the plaintiff of a certain degree of leverage. The second would shield insurance firms from lawsuits that allege they have acted in “bad faith” in handling claims.

Last year, there was a concerted effort by the business lobby to pass these reforms, but they faced substantial opposition not only from trial lawyers, but also doctors and hospitals. Now, the lobbyists have resurrected the issues, hoping to capitalize on what could be the last term of Republican Gov. Rick Scott, who has historically made reducing personal injury litigation a main priority.

Experienced personal injury attorneys know, while these companies argue that inflated medical costs and greedy trial lawyers are to blame for rising insurance prices, the reality is that despite numerous tort reform efforts over the years, which have slashed victim rights, insurance costs remain on the rise.
Continue reading ›

Federal Court Relieves General Contractor’s Insurer of Liability for Florida Subcontractor’s Death

May 6, 2014 | Associates and Bruce L. Scheiner

An insurance company for a construction contractor in Florida was not required to indemnify the company from a lawsuit filed after the death of a subcontracting employee at a job site, according to a ruling by the U.S. Court of Appeals for the Eleventh Circuit.

The case, Stephens v. Mid-Continent Casualty Co., stems from a third-party liability lawsuit filed by the worker’s widow against the insurance company of the general contractor.

Cape Coral construction accident lawyers recognize that at the heart of the case was the distinction between an independent contractor and a statutory employees as it pertains to worker compensation and injury law. The distinction is important because workers’ compensation laws say that those benefits are the sole remedy for employees who are hurt on the job. However, workers who suffer job-related injuries can file third-party liability lawsuits against non-employers. Examples might be the site owner, a manufacturer of a certain product or, in some cases, a general contractor.
Continue reading ›

Report: Unrestrained Baby Seriously Hurt in Lehigh Acres Crash

May 5, 2014 | Associates and Bruce L. Scheiner

Authorities with the Lee County Sheriff’s Office are investigating a crash that occurred between two pickup trucks, resulting in four people sustaining serious injuries, including a 15-month-old infant they say was not properly restrained in the vehicle.

Experienced
Car accident attorneys know, while it may not always be convenient to ensure a child is properly belted in, it’s critical to ensuring they are safe – each and every trip. A driver who fails to properly restrain a child in Florida faces a $60 fine and 3 points added to his license, though the possible consequences in a crash could be far worse.

The News-Press reports the crash happened on State Route 82, between Alabama Road and Sunshine Boulevard, sometime after 7 a.m. on a Saturday. A 34-year-old from Immokalee was driving a pickup westbound on State Route 82, with a 21-year-old adult female passenger and a 15-month-old baby girl in the backseat unrestrained. An 18-year-old from Fort Myers was also driving his pickup in the opposite direction when authorities say he suddenly veered into the oncoming lane of traffic, and the two trucks collided head-on.
Continue reading ›

Florida Ride-Sharing Services May be Underinsured

April 27, 2014 | Associates and Bruce L. Scheiner

Ride-sharing services are cropping up throughout Florida. Lyft and Uber are among those that have been touted as quick, safe and convenient ways to get around town.

However, there is mounting evidence that these services may also be underinsured. That means if you are injured in a Fort Myers car accident while using one of these ride-sharing services, the question of who pays may be hotly contested.

The Tampa Bay Tribune recently examined how the burgeoning industry is handling the issue of car accident liability.
Continue reading ›

Florida Lawmakers Weigh Ignition Interlock Alternative

April 26, 2014 | Associates and Bruce L. Scheiner

Lawmakers in Tallahassee are weighing a proposal to test DUI offenders’ blood-alcohol levels twice daily – as opposed to forcing them to install ignition interlock devices on their vehicles. Advocates say this approach is more effective long-term in reducing repeat DUI offenses, as well as other crimes related to alcohol and substance abuse.

The latter approach has been in place since 2008, and DUI injury attorneys in Naples are aware of a marked level of success.

However, many anti-drunk driving advocates say it doesn’t go far enough. The debate among them isn’t so much whether the laws should be changed or strengthened, but what that new law should look like.
Continue reading ›

Fort Myers Pedestrian Crashes Often in Working Class Neighborhoods

April 19, 2014 | Associates and Bruce L. Scheiner

A 36-year-old Fort Myers woman was recently struck and killed by a vehicle as she attempted to cross Palm Beach Boulevard on foot between Fairview and Marsh avenues. This was the sixth pedestrian killed by a vehicle in the county since the beginning of the year – and the fifth since March 1.

That means that so far in 2014, vehicle-on-pedestrian crashes have accounted for 37.5 percent of all traffic fatalities in Lee County.

The accident happened along a stretch of roadway that for miles is lined with neighborhoods populated primarily by lower-income households. Injury lawyers in Fort Myers have long been aware of the fact that pedestrian injuries and fatalities disproportionately affect the working class.
Continue reading ›

Fort Myers Car Accident Attorneys Highlight Alcohol Awareness Month

April 18, 2014 | Associates and Bruce L. Scheiner

In an incident that sets a poor example for area youth – and perhaps a bad tone for the upcoming summer season – a 19-year-old Boston Red Sox prospect was recently arrested for DUI on Fort Myers Beach. It’s the second time a team prospect has been arrested for the offense in as many years, and the most recent occurred just prior to the start of Alcohol Awareness Month.

Thankfully, no one was injured in either situation, but our Fort Myers drunk driving accident attorneys have seen far too many cases where a night out involving teens and alcohol ends in tragedy.

As we approach prom and graduate season, it’s important to point out the high risk of potential danger to younger drivers.
Continue reading ›

Florida Valets Last Line of Defense Against Drunk Driving

April 12, 2014 | Associates and Bruce L. Scheiner

In Florida, bar owners and bartenders can be held liable if they serve to patrons who are underage or visibly intoxicated, and that patron is then involved in a fatal or injury-causing crash.

However, valets do not hold the same kind of liability under our current Dram Shop Laws, and this is unfortunate, given that they could serve as the last line of defense. If a bartender who pours the drink can be held liable, why shouldn’t the valet who hands a staggering patron his keys be held to a similar standard?

Our Naples drunk driving accident lawyers recognize that the main issue is the fact that a valet is not a liquor licensee, and therefore is not held to the same legal standards. However, some companies have created policies that allow for shuttle services to be provided for those who are visibly too drunk to drive.
Continue reading ›