personal injury

Amazon Accused of Ignoring Dangerous or Defective Product Warnings

September 2, 2019 | Associates and Bruce L. Scheiner

Giant Internet retailers like Amazon are coming under increasing fire for selling defective products to American consumers.

The Washington Post, which is owned by Amazon founder Jeff Bezos, is among the media outlets reporting U.S. regulators are reviewing anti-trust concerns amid allegations the company is misleading consumers about product safety.

Fort Myers defective product lawyers know today’s Internet economy continues to vie with big box stores like Wal-Mart and Costco for consumer dollars. Each owes a duty to consumers when it comes to product safety, regardless of whether a purchase is made online or at a brick-and-mortar retailer.

Back-to-School Bus Injuries in SWFL

July 25, 2019 | Associates and Bruce L. Scheiner

School buses will be back on the roads of Southwest Florida next week as the 2019-2020 school year officially begins Monday Aug. 12.

Our injury lawyers in Fort Myers and Cape Coral urge all motorists to use caution as the school year begins. Taking an extra couple of minutes can literally avoid a tragedy. More than 70 percent of eligible students ride the bus in Lee County, which operates more than 700 buses traveling more than 12 million miles each school year.

For parents, the Lee County School District offers a searchable database of school-bus routes. Motorists should just count on seeing school buses during their morning and afternoon commute.

NHTSA Under Fire over Defective Vehicle Risks

July 24, 2019 | Associates and Bruce L. Scheiner

The National Highway Traffic Safety Administration is coming under fire for lacking the proper expertise to identify dangers posed by defective vehicles.

Safety advocates content the government’s primary traffic-safety watchdog is often reluctant to order recalls and is constrained by a small staff and tight budget. Among the consequences is an agency that too often relies upon safety studies conducted by auto manufacturers, the Detroit Free Press reported.

The agency countered by reporting an increase in staff with significant knowledge of new technologies and cited a record number of recalls issued in each of the last four years.

Fort Myers car accident lawyers know modern technology makes the agency’s task more critical than ever, as the industry begins deploying self-driving and autonomous vehicles and continues to incorporate more and more multi-media technology, which many safety advocates also cite as a primary cause of distracted driving. Continue reading ›

Personal Injury and Wrongful Death Risks in SWFL

July 7, 2019 | Associates and Bruce L. Scheiner

Florida has been named the third most-dangerous state in America.

ABC News reports Florida ranked 48th safest in a study that looked at five factors: Personal and residential safety, financial safety, road safety, workplace safety and emergency preparedness. Only Louisiana and Mississippi ranked worse.

The annual WalletHub report looked at a total of 52 key indicators, including homicides and assault, unemployment levels, and the impact of natural disasters.

Injury lawyers in Fort Myers and Cape Coral know Florida residents continue to be most impacted by road safety. Florida ranked almost dead last for traffic safety and reports the highest levels of traffic fatalities for pedestrian accidents, bicycle accidents and motorcycle accidents, while ranking behind only California and Texas when it comes to drunk driving accidents, car accidents and accidents involving trucks or other large commercial vehicles, according to annual data released by the National Highway Traffic Safety Administration.

Fourth of July Fireworks Safety

June 15, 2019 | Associates and Bruce L. Scheiner

As we enter the height of summer, all of us at Associates and Bruce L. Scheiner, Attorneys for the Injured, wish you a wonderful Independence Day.

The weather is beautiful and the beaches and waterways are flourishing. Our Fort Myers car accident lawyers remind you to plan your trip and drive safely, always designate a driver and avoid distraction. Your number one injury risk this summer is being involved in a traffic collision. Boating and water safety should also be high on your list of concerns if you plan to be on the water.

But each year fireworks hit the night sky to signal the start of the peak summer season. And each year injuries occur, both at sanctioned municipal or corporate shows, or as a result of using backyard fireworks. These incidents are not rare. In fact, they have grown increasingly common amid the nation’s lax enforcement attitude toward fireworks sales. And the injuries typically result in permanent scarring or lasting disability, with severe burns, facial disfigurement, loss of eyesight and loss of fingers being among the most common.

The Insurance Journal reports nearly 13,000 serious firework injuries occur each year in the United States as fireworks sales approach $1 billion amid relaxed laws and enforcement. At least 8 people a year die as result of fireworks injuries. Two-thirds of accidents occur between mid June and mid July.

In Florida, F.S. Chapter 791 governs the sale of fireworks. While the law allows for the sale of fireworks, it prohibits consumer use of anything that explodes or emits sparks, except by permitted groups and organizations that seek advanced permission. Roadside stands and temporary fireworks emporiums that spring up each summer use the law to sell many fireworks that are not legal for consumers to detonate in Florida.

Effectively, Florida law outlaws all but the sparklers, smoke bombs, and other minor novelty items of the type sold at Publix or Walmart.

Driverless Cars Hit the Roads in Southwest Florida

June 14, 2019 | Associates and Bruce L. Scheiner

How long do you think it will be before autonomous vehicles are on the roads of Southwest Florida?

If you think you are fully aware of the breakneck speed at which technology is changing all of our lives, consider this: Self-driving vehicles have already been on the roads of Lee County for more than a year.

Media outlets swarmed over the news this week after Gov. Ron DeSantis signed into law a measure that will allow self-driving cars, without human backup, to hit the roads in Florida in time for the Fourth of July weekend. Fox 13 Orlando reported it will put Florida at the very forefront of a number of progressive states that have sanctioned the use of such technology on public roads.

Pedestrian Accidents in SWFL: Distracted Walking & Comparative Negligence

June 6, 2019 | Associates and Bruce L. Scheiner

Distracted walking is in the news as the nation grapples with significant increases in the number of serious and fatal pedestrian accidents.

Unfortunately, Florida is all too familiar with the crisis, as the Sunshine State leads the nation in the number of walkers who are injured or killed each year. The National Highway Traffic Safety Administration reports more than 5,000 deaths and 76,000 injuries caused by pedestrian accidents each year; that’s one death every two hours. And, as the Miami Herald reported recently, 9 of the 20 deadliest cities for pedestrians are located in Florida.

Fort Myers injury lawyers know the increased risks faced by walkers are attributable to a number of factors, including lack of proper infrastructure such as sidewalks and street lights, distraction on the part of both the walker and drivers, and the growing prevalence of electric or otherwise silent vehicles.

A study published in 2012 by researchers from New York’s Stony Brook University found that those who texted while walking were 60 percent more likely to veer off course. Headphones are another growing problem. F.S. 316.304 prohibits drivers from wearing headphones, although no such law exists for pedestrian or cyclists.

But, while it’s true distracted walking can increase accident risks, the issue of distracted walking is also being pushed by the insurance industry as a way to reduce the liability of insured drivers for collisions that typically result in very serious or fatal injuries.

Road Construction Injuries in SWFL

June 5, 2019 | Associates and Bruce L. Scheiner

It sometimes seems as though snowbirds are replaced by orange road construction barrels as summer begins in Southwest Florida.

Florida Department of Transportation is preparing to begin significant improvements to Interstate 75 at Corkscrew Road, according to the Naples Daily News.

Meanwhile, Lee County Department of Transportation is widening Burnt Store Road from Diplomat Parkway to Tropicana Parkway in Cape Coral and the City of Fort Myers is working on a beautification project along U.S. 41 between Colonial Boulevard and downtown.

Our car accident lawyers in Fort Myers and Cape Coral know each of these projects increases the risks to motorists and pedestrians.

Distraction a Primary Car Accident Threat in SWFL

April 25, 2019 | Associates and Bruce L. Scheiner

As we end Distracted Driving Awareness Month we wanted to take a look at the most common causes of driver distraction besides cell phones.

Without question, introduction of the smartphone in the last decade has been the biggest factor when it comes to the increased risk of distracted drivers on the road. Today’s drivers not only use their phones to talk and text, but also for navigation, music, and social media. Each of these activities involves all three types of distraction – visual, cognitive and manual – making them among the most dangerous distractive behaviors engaged in by drivers.

But similar concerns met introduction of the AM radio into automobiles, as well as introduction of the 8-track tape deck as a standard option in the 1960s. When it comes to driver distraction, our car accident lawyers in Fort Myers and Cape Coral know it’s a safety mindset that will best protect you from being involved in a collision.

Big Three Road Risks: Distraction, Aggression, Intoxication

March 22, 2019 | Associates and Bruce L. Scheiner

The Florida Highway Patrol brought extra enforcement to Southwest Florida to open the spring break and baseball spring training season.

“Operation Safe DRIVE” is the patrol’s campaign to reduce serious and fatal traffic accidents through Distracted Reckless Impaired Visibility Enforcement.

“Motorists can reduce crashes if they share the roads safely, avoid aggressive driving behaviors and exercise additional caution when driving near larger vehicles,” said Colonel Gene Spaulding, Director of the Florida Highway Patrol. Our injury lawyers in Fort Myers and Cape Coral have posted here about the added risks of driving in Southwest Florida, particularly from now until Easter.