injury lawyer

Bicycle and Pedestrian Safety in SWFL

July 15, 2019 | Associates and Bruce L. Scheiner

The National Highway Traffic Safety Administration projects a slight decline in the final tally of traffic fatalities in 2018, even as the number of pedestrian and bicycle deaths continues to rise.

Overall traffic deaths are projected to decline by 1 percent, Forbes reported. However, pedestrian deaths were up 4 percent last year, while bicycle deaths surged 10 percent. Both were already at historic highs. Nationwide, more than 36,000 people were killed on the roads last year.

Our injury lawyers in Fort Myers note Southwest Florida continues to be one of the deadliest areas in the nation for bicycle and pedestrian injuries and fatalities. The Governor’s Highway Safety Association reports California, Florida and Texas annually report the highest number of pedestrian deaths. All three states join Arizona and Georgia in reporting more than 100 pedestrian deaths a year and together account for nearly half of the nation’s fatal pedestrian accidents.

New CPSC Toy Report: 240,000 Toy-Related Injuries, 7 Deaths in 2016

November 30, 2017 | Associates and Bruce L. Scheiner

As the holidays approach, the demand for new toys will be high, both in stores and online. Buyers must be cautious when purchasing items to make sure they are following the manufacturer’s age recommendations and that they stay tuned to any reports of injuries or news of a potential toy recall.

The U.S. Consumer Product Safety Commission (CPSC) recently issued its annual Toy-Related Deaths and Injuries report for 2016, revealing that last year, there were a total of 240,000 emergency department trips spurred by dangerous or defective toys. That doesn’t represent a significant statistical trend

While not every toy-related injury is cause for a personal injury lawsuit, if plaintiff can show the product was unreasonably dangerous or defectively designed or defectively manufactured, there may be grounds for legal action. Serious injuries can occur when toys are made cheaply, with toxic materials or sold with inadequate warnings. Defendants in these cases can include anyone in the chain of distribution – from the product designer to its manufacturer to its distributor. Continue reading ›

Establishing Vicarious Liability for Crash on Theory of Respondeat Superior

October 21, 2017 | Associates and Bruce L. Scheiner

Most car accident lawsuits are a simple matter of proving negligence, shown by establishing:

Duty owed to plaintiff (i.e., duty to other motorists to obey laws and act in a reasonably prudent manner);
Breach of duty (carelessness or violation of law);
Causation (breach of duty caused the accident);
Damages (plaintiff suffered damages as a result of the accident).

However, there are some Florida auto accident cases that delve into more complex areas of law because they involve a negligent driver who was either on-the-job or at least furthering an employer’s business at the time of the crash. In these cases, the employer can be held vicariously liable for the worker’s negligence. This means plaintiff doesn’t have to prove employer was negligent, only that worker was in fact an employee (as opposed to an independent contractor) and was acting in the scope of employment when crash occurred. This legal theory is referred to as “respondeat superior,” which is Latin for “Let the master answer.”

If there is evidence an employer was negligent also (i.e., negligent hiring, negligent retention, negligent supervision, negligent vehicle maintenance, etc.), the company could be found both directly and vicariously liable. A skilled personal injury attorney in Fort Myers can help you sort out the type of case you have and identify all potential defendants. Continue reading ›

Post-Irma Roads Nearly as Dangerous as the Storm

September 17, 2017 | Associates and Bruce L. Scheiner

Floridians have unfortunately long been notorious for being bad drivers – and that’s with a network of operational traffic lights, upright trees and a system of active police patrols.

But after the extremely powerful Hurricane Irma walloped the state earlier this month, there were downed traffic lights, trees, power lines and damaged homes and buildings. This created a significant hazard in and of itself – and this was after some 7 million people were ordered evacuated from their homes, sparking massive traffic jams and other highway headaches.

Once the winds and flooding subsided and motorists began to venture out – and some back to their homes from emergency shelters – intersections became a virtual game of chicken. Intersections without power are supposed to be treated as a four-way stop. While there is no doubt people were tired, stressed and perhaps even traumatized, we also know that many of these crashes may have been avoided had motorists used a bit of common sense and patience. In other words, these drivers needed to use reasonable care. Continue reading ›

Hurricane Evacuee Dies in Hit-and-Run Crash

September 11, 2017 | Associates and Bruce L. Scheiner

As historic Hurricane Irma came barreling toward Southwest Florida, many residents hurried to leave the state. Some were under mandatory evacuation by local and state officials fearing unprecedented and dangerous storm surge. Others were afraid to live for days or weeks without water or power.

All of this led to a massive evacuation of some 6 million people out of Southern Florida. This kind of congestion inevitably lead to car accidents across I-75, I-95 and I-4, the main routes out of the state.

We now know of a local man whose car accident death can be indirectly tied to Irma, after he reportedly was killed in a hit-and-run car accident in Georgia. The 91-year-old from Naples was injured in a hit-and-run collision at a rest stop on I-75 in Georgia.

The Naples Daily News reports the elderly man had stopped at the rest stop, walked across the parking lot to the restroom and was struck by a vehicle. The driver took off and has not yet been identified. Continue reading ›

Driver Cited in I-75 Fort Myers Car Accident That Led to Amputation

May 20, 2017 | Associates and Bruce L. Scheiner

A crash on I-75 that led to catastrophic injuries for one North Fort Myers woman has now led to a careless driving citation for a St. Petersburg man.

According to The News-Press, the 30-year-old victim, a mother and foster parent, stopped on the side of the highway to help another motorist who had lost control in a rainstorm and struck a guardrail. She let the stranded motorist sit in her vehicle as she went to retrieve a blanket from her trunk. It was then that another driver swerved and struck her, pinning her against a vehicle and the guardrail, ultimately requiring her to undergo a leg amputation.

The citation of the driver does not necessarily have a direct impact on any future claim for damages, as the criminal and civil litigation will be separate procedures. However, it could potentially be used by plaintiff attorneys as evidence of driver negligence. Continue reading ›

Tort Reform Proponents Make Gains, Threaten to Make Injury Lawsuits Tougher

April 28, 2017 | Associates and Bruce L. Scheiner

Proponents of tort reform are pressing forward with a series of bills that, if passed, would make it increasingly difficult to file an injury lawsuit, to pursue class action litigation or to obtain just compensation.

The term “tort reform” is a tidy way of explaining efforts that make it harder for those who have suffered serious injury due to someone else’s negligence to seek and obtain justice. It’s wrapped in a pro-business agenda, and is predicated on the notion that plaintiff attorneys are greedy and frivolous claims are rampant and plaintiffs unfairly are awarded millions – even when it was largely their own fault for being hurt. This characterization overlooks the reality of our civil justice system and the fact that it can already be an uphill climb for many injury plaintiffs. Yet it’s been very successful. Look no further than the so-called “McDonald’s coffee case,” wherein an elderly woman was awarded $1 million (or two days’ coffee sales) after she was so severely burned by the company’s hot coffee that she nearly died. The fast-food restaurant was selling coffee far in excess of what would be considered safe temperatures and thousands of people had suffered burns in the year prior. Yet tort reform proponents managed to successfully rewrite the script for the American public, who now generally look back on that case as a class “frivolous lawsuit.”

Now, with politicians friendly to tort reform now controlling both houses of Congress and a president considered pro-business, tort reform supporters are pressing forward with their agenda. Continue reading ›

The Major Fall: Leonard Cohen Dies of Fall, a High Risk for Elderly

December 13, 2016 | Associates and Bruce L. Scheiner

Leonard Cohen, a Canadian singer, songwriter, poet, novelist and painter, was reportedly at peace with the idea of death, hoping only it wouldn’t be too “uncomfortable.” The icon, author of “Hallelujah,” died in his sleep last month. However, his manager later revealed that the 82-year-old’s death may have been linked to an earlier fall, which he had suffered prior to his death.

With our population living longer, the threat of a serious fall affects an increasing number of us. Although many of us tend not to think of falls as being all that serious, the reality is falls are the No. 1 cause of accidental death in the elderly. In fact, the U.S. Centers for Disease Control and Prevention reports the incidence rate has climbed steadily in the last 10 years. Often, falls are not just painful in the immediate aftermath, but also for months and even years afterward.

The Journal of Trauma and Acute Care Surgery reports the 1-year mortality rate for over-65 patients admitted to the hospital following a fall is 33 percent. Many times, a bad fall that results in an elderly person being admitted to the hospital can have a prognosis that is as poor as some stage IV cancers. Of course, those who are hospitalized are more likely to have higher rates of mortality as it is, because they are older and have a number of other serious conditions. But comparatively, the one-year mortality rate for older patients admitted with pneumonia is about 20 percent. Continue reading ›

Anderson v. Hilton Hotels Corp. – Attorney Fees in Florida Premises Liability Lawsuit

November 22, 2016 | Associates and Bruce L. Scheiner

Attorneys’ fees are often a concern of personal injury plaintiffs, or anyone needing professional legal help. But when it comes to personal injury or wrongful death cases, almost always there is a contingency fee arrangement, which means the client pays nothing upfront and the attorney is ultimately reimbursed a percentage of the damages awarded in a settlement or trial verdict. If the case is lost, the attorney isn’t paid.

There are some circumstances, however, in which attorneys’ fees might be paid by the opposing side. Per F.S. 768.79, plaintiffs who extend a settlement offer that is not accepted within 30 days may recover attorney’s fees if they prevail in trial and are awarded damages in excess of 25 percent of that settlement offer.

Plaintiff in Anderson v. Hilton Hotels Corp. was seriously injured when he was attacked by a gunman in a hotel parking lot. He later filed a lawsuit against the the hotel and three other defendants – including the management company, the investment firm and the security contractor – for premises liability/ negligent security for failing to keep the property safe for guests. The question in his case was whether settlement offers made to the separate entities should be aggregated before being compared to the final damages awarded. The Florida Supreme Court answered: No. Continue reading ›

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 ›