Fort Myers injury lawyer

Nielsen v. Bell – Child Negligence in Injury Lawsuit

May 10, 2016 | Associates and Bruce L. Scheiner

Although children are typically the victims in injury lawsuits, they can sometimes be the ones who cause injuries.

The question of whether parents may be held liable will depend on a number of factors, including:

The age of the child;
The child’s developmental ability to exercise caution;
Child’s mental capacity;
Specific details of the accident.

In general, Florida law holds that children under 6 are incapable of negligence – including comparative negligence for their own injuries. In cases where children are found negligent, parents – who are legally responsible for the children – may be held vicariously liable due to the legal theory of respondeat superior (Latin for, “Let the master answer”). But parents can’t be held vicariously liable unless there is a legitimate claim of liability against a child.

A recent case before the Utah Supreme Court asked the court to consider: How young is too young to be negligent? Continue reading ›

Study: Distracted Driving a Big and Growing Problem in South Florida

April 27, 2016 | Associates and Bruce L. Scheiner

A new study analyzing the prevalence of distracted driving captured video of several thousand motorists moving along a South Florida highway. In just 20 minutes, study authors found:

150 drivers talking on the phone;
17 drivers texting;
12 drivers eating;
6 drivers distracted by some other form (i.e., reading, applying makeup, staring at the mirror, looking in the backseat, etc.)

What that tells us is that of the 2,000 cars that went by, 9 percent of drivers were preoccupied with some task other than driving. That’s probably a low number because it only counts those distractions that are actually observable. Distractions such as listening to the radio or having an involved conversation with a passenger are not immediately observable from the outside. Again – this was on a highway, where speeds easily exceed 70 mph. Bear in mind that when you take your eyes off the road to send a text while traveling at 55 mph, you travel the length of a football field without looking. Continue reading ›

Slip-and-Fall Head Injury in Outdoor Plant Sales Area Leads to Lawsuit

April 21, 2016 | Associates and Bruce L. Scheiner

A woman was shopping for plants on a steamy summer afternoon in Las Vegas three years ago when she slipped and fell on a puddle of water. Upon falling, she smacked her head on the concrete floor of the outdoor facility.

She suffered serious injuries, including a fractured skull and traumatic brain injury. She is no longer able to smell or taste. For the rest of her life, these are pleasures the mother-of-three will no longer derive.

Now, she is seeking compensatory and punitive damages from the store, arguing her slip-and-fall injury was foreseeable and preventable and the store owed a duty to make the site safe for customers. In order to succeed in a claim for punitive damages, one needs to show not only was defendant negligent, but that defendant was grossly negligent or displayed wanton or reckless disregard for the safety and well-being of others. Here, plaintiffs argue this is proven based on the fact there were 33 prior incidents at other stores within the chain in which people slipped and fell in the outdoor garden sales area. Continue reading ›

Perry v. Asphalt & Concrete Servs. – Insurer Info in Injury Litigation

April 15, 2016 | Associates and Bruce L. Scheiner

You may have wondered why in injury litigation, we refrain from naming the insurer in the initial action. This is why, for example, you will see spouses suing each other for crash-related injuries, rather than suing the insurance company – even if that’s ultimately the goal.

The reason has to do with the fact that courts have found that the presence or lack of an insurance policy can be prejudicial in a civil case. The thinking is that if a jury is aware that a defendant has ample insurance, they may be more likely to award much higher damages to the victim than they would if they knew the defendant has no insurance and would be personally liable to pay damages.

The courts take this matter extremely serious, which is why the Court of of Appeals of Maryland (the highest court in that state) recently affirmed a reversal of a truck injury verdict and remanded the case for a new trial for a violation of this standard. The court noted that lack of insurance coverage is irrelevant and inadmissible in a lawsuit alleging negligent hiring where the evidence doesn’t establish the proximate cause of plaintiff’s injuries. Continue reading ›

Roberts v. T.H.E. Insurance Co. – Hot Air Balloon Ride Injury

April 10, 2016 | Associates and Bruce L. Scheiner

Numerous Florida companies offer hot air balloon rides to residents and tourists alike. But when operators are not properly trained or fail to exercise due caution, accidents can occur.

You may recall in the spring of 2013, when pro football player Donte Stallworth was one of two seriously injured in a Florida hot air balloon accident in Miami after their balloon plunged to the ground after running into power lines.

More recently – and far less high-profile – was a hot air balloon injury case in Wisconsin, where a woman was injured when a company offering tethered hot air balloon rides failed to properly secure the balloon on a windy day. In Roberts v. T.H.E. Insurance Co., plaintiff alleged she suffered compensable injuries when she was knocked to the ground by the rogue balloon basket while waiting in line for a ride.

The two primary defenses raised by the company in this case were:

Recreational Immunity
Waiver of Liability

Both fell flat, as far as the Wisconsin Supreme Court was concerned. Continue reading ›

Rish v. Simao – Low-Impact Defense in Car Accident Lawsuit

March 18, 2016 | Associates and Bruce L. Scheiner

In some Fort Myers car accident lawsuits, defendants will allege injuries or damages incurred by plaintiff were not as serious as he or she has stated because the crash was low-impact.

However, just because a crash happened at a relatively low speed does not mean serious injury is an impossibility. Consider that:

A typical automobile weighs about 2,000 pounds;
A collision at 10 miles-per-hour is going to result in an average impact force of 3.7 tons;
A 3,000-pound vehicle striking at 10 mph is going to result in a force of impact of about 5.6 tons.

The force of impact to one’s back and neck is significant. Plus, when a person is involved in a rear-end accident, it’ s important to understand a physics principle known as “magnification of acceleration.” What that means is the occupants of a vehicle are going to accelerate a lot faster than the car that is impacted, which means they are going to absorb much more of the force. So even a low-impact crash can result in substantial injuries. Continue reading ›

PJ Scheiner Speaks at 2016 Anatomy of a Personal Injury Lawsuit Seminar

March 15, 2016 | Associates and Bruce L. Scheiner

Preston J. Scheiner, a trial attorney at Bruce L. Scheiner, Attorneys for the Injured, recently spoke at the national Anatomy of a Personal Injury Lawsuit Seminar in Scottsdale, Arizona.

The conference, held last month, was a feature event to highlight one of the best new personal injury lawyer resources available, “Anatomy of Personal Injury Lawsuit (Trial Guides 2015).” The book, published by the American Association for Justice, contains contributions from 60 of the most well-respected injury lawyers in the country. Preston Scheiner was among them.

The 4th edition of the book offered detailed advice, arguments, charts, illustrations, practice tips and examples to assist other personal injury attorneys across the country. It offers a step-by-step navigation of how personal injury claims should traverse the legal system. It is an honor to share this information to assist other injury attorneys in the fight against injustice and for the rightful compensation of those harmed by the carelessness and recklessness of others.

Preston Scheiner’s contribution focused on, “Damages: Wage Loss-Related Damages.” Continue reading ›

Gores v. Miller – Careful Review of Car Accident Settlements

March 1, 2016 | Associates and Bruce L. Scheiner

Most car accident claims and lawsuits are settled before they ever get to the trial phase. Such settlements should be carefully crafted and reviewed by an experienced lawyer, or else plaintiffs may risk forfeiture of rights to further action against other defendants.

One common clause sometimes tucked into these agreements is the release of “all other claims that might develop.” This phrase can be especially troublesome because it could block legal action against other defendants – even if they have yet to be identified.

This was the situation in Gores v. Miller, a case recently before the South Dakota Supreme Court. Plaintiff was the conservator of a minor, just 15-years-old, who was injured in a crash as a passenger in a vehicle driven by a friend. In her settlement with the driver’s insurance company, she signed a general release for “all other claims that might develop.” Continue reading ›

Report: Southwest Florida at Risk from Bad Drivers

February 29, 2016 | Associates and Bruce L. Scheiner

In a recent article published in Gulfshore Life, Reporter Jennifer Reed began with the observation that, as someone who drives 60 hours a day round-trip at least five days every week, drivers in Southwest Florida “stink.”

She qualifies this by saying she used to live in Massachusetts, where drivers have a notorious less-than-stellar reputation. But here in Florida, she said, “this is one big drag race, slowed only slightly by traffic signals, when they are actually obeyed.”

Not wanting to rely solely on her own opinions, Reed took her reporter’s notebook to the Lee County Justice Center, where criminal traffic arraignments start at 8:30 a.m. on the dot. Reed described it as “the unhappiest place on earth,” with 96 people on the docket – a “light day,” explains a deputy. Continue reading ›

Sangaray v. West River Assocs. – Sidewalk Injury Liability

February 25, 2016 | Associates and Bruce L. Scheiner

Sidewalks are intended to be a place where pedestrians can safely traverse without fear of stepping into the path of an oncoming car or bicyclist.

But there are still hazards. Vehicles backing out. Vehicles careening off the road. Beyond that, the walking surface itself has the potential to be dangerous if it is not kept in acceptable condition, with tree roots or other defects resulting in cracks, uneven surfaces and protrusions.

In the event a Fort Myers sidewalk fall results in injury, plaintiffs may have a couple options. The first is to ascertain whose responsibility it was to maintain the sidewalk. Continue reading ›