Fort Myers injury lawyer

Stahl v. Hialeah Hospital – Florida Workers’ Compensation System Challenged

December 12, 2015 | Associates and Bruce L. Scheiner

In workers’ compensation law, the exclusive remedy provision makes it clear that employers can’t be held liable in civil court for damages related to work injuries in most cases where they carry workers’ compensation insurance. Proving fault isn’t necessary in workers’ comp cases, and it’s supposed to be a trade-off: Workers get easier access to immediate benefits for wage losses and medical bills, while companies avoid the ordeal of litigation.

But as a recent series by non-profit news organization ProPublica pointed out not long ago here and here, there have been calculated and aggressive efforts to whittle away worker protections and insulate companies from liability for work injuries. This has occurred in a number of ways, including lobbying of legislation that reduces benefits or makes it harder for injured workers to get coverage in the first place.

However, there are ways in which personal injury lawyers are helping workers fight back and regain some ground on various fronts. Most recently, there is the case of Stahl v. Hialeah Hospital, which the Florida Supreme Court has agreed to review. Continue reading ›

Pro Tennis Player Sues for Injuries in Slip-and-Fall

November 5, 2015 | Associates and Bruce L. Scheiner

Athletes put their bodies through punishing routines in order to ready themselves for competitions. They know they must be in top physical shape in order to win. They may even expect to get hurt in the course of competing. But when an injury happens off the field or court, it can result in serious consequences not only to their health, but their livelihood.

That’s what’s being alleged by pro-tennis player Eugenie Bouchard, who has filed a lawsuit against the U.S. Tennis Association and the U.S.T.A. Billie Jean King National Tennis Center in connection with a slip-and-fall she suffered in a physical therapy room. Bouchard’s lawsuit was filed little more than a month after winning her final match at the U.S. Open.

The lawsuit, filed in U.S. District Court for the Eastern District of New York, alleges she fell as a result of coming in contact with a slippery, foreign and dangerous substance on the tile floor of a physical therapy room operated by defendants. Continue reading ›

Peterson v. Flare Fittings, Inc. – Post-Accident Waiver as a Release of Liability

October 29, 2015 | Associates and Bruce L. Scheiner

Liability waivers are not generally favored by Florida courts because they relieve one party of the obligation to use due care, and further shift the risk of injury to the party likely least equipped to take necessary precautions to avoid injury. For this reason, they are usually strictly construed against the party seeking to be relieved of that liability.

That said, releases of liability will be honored by the courts if it can be shown there was specific language that makes it clear the injured person fully appreciated the implications of that release.

In most of these cases, liability waivers are signed prior to a certain activity. For example, if you’ve ever ridden a rented jet ski, you probably had to sign a liability waiver. Similar releases are usually required for common Florida tourist activities like parasailing, boating or kayaking. However, most liability waivers don’t generally cover activity that occurs prior to signing that release. But that’s what defendants in Peterson v. Flare Fittings, Inc. et al. tried to do. Continue reading ›

$5 Million Settlement for Attack at Florida Nightclub

September 20, 2015 | Associates and Bruce L. Scheiner

Headlines made it sound like a barroom brawl, the kind of thing a young man might expect to encounter on a night out. One stated, “Man Gets $5 Million in Miami Club Punch,” as if enduring a simple punch could easily result in such a substantial damage award.

The reality is that punch was unprovoked, at the hands of a bouncer who was much larger than the victim, a 22-year-old college student vacationing from Rhode Island to ring in the New Year. That punch resulted in his skull being cracked on the pavement. He spend three months in a coma. He nearly died. Now, he’s learning how to use the bathroom again. He can’t walk. He is totally reliant on others for basic tasks. His parents, of Morocco, have had to move to the U.S. while he undergoes exhaustive rehabilitation. His doctors say he will likely need medical care the rest of his life.

So for this, yes, there was a $5 million settlement agreement reached with the victim’s father (acting on his behalf) and the company that owns the now-defunct nightclub. This nightclub employed the bouncers, and it was alleged they were improperly trained. Continue reading ›

Jury Awards $4.8M to Victims of Road Rage Shooting

September 6, 2015 | Associates and Bruce L. Scheiner

Aggressive driving is a serious problem on U.S. roads. The American Safety Council reports 66 percent of all traffic fatalities are caused by aggressive driving and 37 percent of all aggressive driving incidents involve a firearm.

A jury in Georgia recently awarded $4.8 million to a family who endured a road rage attack in which a CEO fired a gun into their vehicle. Inside was a mother, father and three small children. The man later pleaded guilty to aggravated assault and served six months in jail – something the traumatized family called “a slap on the wrist.” Continue reading ›

CDC: 4.2 Million Americans Concede to Driving Drunk in Last Month

August 22, 2015 | Associates and Bruce L. Scheiner

Drunk driving is deadly. That’s no news flash. Operating a vehicle while impaired by alcohol increases the risk of a crash four-fold (or 12-fold if the driver has a blood-alcohol level of higher than 0.15). These drivers are responsible for at least a third of all fatal crashes in the U.S., killing more than 10,000 people every year.

But apparently, that doesn’t convince enough people to stop doing it.

In a recent analysis by the U.S. Centers for Disease Control and Prevention of self-reported data from 2012, more than 4.2 million adults admitted to driving at least once while under the influence of alcohol in the last 30 days.

If we take that figure as a monthly average, that means nationally, there are 121 million trips made by impaired drivers across the country every single month. We’re talking about a national rate of 505 episodes per 1,000 population each year. Continue reading ›

Alleged Airbnb Attack Raises Legal Liability Questions

August 19, 2015 | Associates and Bruce L. Scheiner

Airbnb is an online service that allows those with residences to rent them on a short-term basis. Often those who use the service are traveling, and it offers an authentic local experience that is often a cheaper alternative to pricey hotels.

But there is a lot that can go wrong. Horror stories abound, including one recently chronicled in The New York Times.

A 19-year-old from Massachusetts traveled to Madrid in mid-July. He had arranged to stay at a private residence through Airbnb. When he arrived, however, his host locked the door, removed the key and began rattling knives in the kitchen as he pressed the teen to submit to sexual contact, according to the traveler’s account. Continue reading ›

Injury to Sports Fan Prompts Lawsuit Seeking Better Stadium Protections

August 2, 2015 | Associates and Bruce L. Scheiner

When it comes to baseball and other spectator sports, courts have generally held that stadium owners have only a limited duty to protect vulnerable sections of fans from flying balls, bats, pucks or other game-related objects. For the most part, it has been found fans assume the risk of injury when they are hit by a foul ball or a hockey puck.

The idea is that if a fan chooses to sit in those closer seats, he or she assumes the risk of being struck by a flying object, and therefore has a duty to pay close attention to what’s happening so as to react quickly and prevent injury to themselves.

But a series of serious injuries suffered to sports fans in recent years has prompted a class action lawsuit that seeks to expand stadium owner duties of care and improve safety for those who patronize professional sports.

Report: Lee County Traffic Deaths on the Rise

July 15, 2015 | Associates and Bruce L. Scheiner

The latest Lee County traffic statistics reveal troubling news. The News-Press reports that during the first six months of this year, there was a 32 percent increase in the number of traffic deaths as compared to the first six months of 2014.

As we head into the summer driving season, there have been 43 people killed in Lee County traffic crashes so far this year. If we continue that pace, the county will see more than 100 traffic deaths for the first time in eight years. The county tallied 106 traffic fatalities back in 2007, which was a record.

Victims ranged in age from 10-years-old to 85-years-old. Some were operating souped up pickup trucks and others were simply moving along in typical sedans. Among the most recent incidents: