Florida Personal Injury Lawyers Blog

September 14, 2017

Stuart Couple Hospitalized After Using Generator Improperly

A Stuart couple was hospitalized this week after suffering carbon monoxide poisoning while running a generator in their home, according to the Martin County Health Department.

The couple was brought to a hospital Tuesday after complaining of shortness of breath and chest pain. They remain in the hospital, the health department said.

At least four families in Palm Beach County suffered carbon monoxide poisoning this week after keeping running generators in closed garages, according to health officials.

As of Thursday afternoon, 16,740 customers in Martin County were still without power because of Hurricane Irma, according to the Florida Power & Light website.

In Palm Beach County, 156,150 customers were still without power.

Our Florida Injury Lawyers at Whittel & Melton strongly urge you to read through the operating manual before you operate a generator so that you fully understand how the machine works. You can avoid injury by always following the manufacturer’s guidelines and keeping the following safety tips in mind:

Never use a generator in an enclosed space. Carbon dioxide produced by the engine can build up, causing potentially fatal fumes.
When using a generator, keep it outdoors and at least 5 feet away from windows, vents, and doors.
Always use a battery-operated carbon-dioxide detector when you are running a generator. Make sure the batteries are new.
Before refueling the generator, allow it to cool for a minimum of two minutes, since gasoline vapors are extremely flammable. Use fresh gasoline, or stabilize gas with a fuel stabilizer if you do not use the generator for 30 days.
Make sure that you follow the maintenance schedule that is recommended by the manufacturer.
If you must use an extension cord, make sure it is rated for generator use and that it is grounded.
Power generators should never be plugged into a home outlet.

September 12, 2017

Orlando Taco Bell Accused of Negligence

by Whittel & Melton, LLC

A restaurant customer is suing Taco Bell of America LLC for alleged negligence.

The man filed a complaint on July 21 in the Orange County Circuit Court, alleging that Taco Bell failed to provide a safe environment for its patrons.

According to the complaint, the man alleges that he was walking towards the exit of the restaurant on Sept. 2, 2016 when he slipped and fell on a puddle of water on the floor. He allegedly suffered bodily injury, pain and suffering, the aggravation of a pre-existing condition, disfigurement, disability, mental anguish and medical expenses.

The man holds Taco Bell responsible for allegedly failing to warn him of the dangerous condition, and for allegedly failing to train its employees to properly maintain and inspect the obstructed walkway.

Restaurants, including fast food chains, owe a duty of care to people who visit their properties. Customers have the right to expect a store owner and manager to maintain safe conditions in these establishments.

Restaurants have responsibilities to their customers. If you suffered food poisoning, slipped and fell in a restroom, or otherwise suffered injury in a Florida restaurant or on the premises, we encourage you to speak with our Florida Negligence & Premises Liability Lawyers at Whittel & Melton today. You may be entitled to compensation from the owner of a restaurant to cover your damages, including:

Medical bills
Lost wages
Pain and suffering

September 8, 2017

Martin County Hurricane Claim Attorney :: Martin County, Florida Hurricane Claim Lawyer Jason Melton

by Whittel & Melton, LLC

Treasure Coast officials are ordering mandatory evacuations Saturday for Martin County for Hurricane Irma.

Residents living on Hutchinson Island, Jupiter Island and Sewall’s Point should expect to be evacuated. As of now, Martin County remains under a voluntary evacuation order, which is part of the state of emergency

After the devastating effects of a Florida hurricane, you will likely face costly repairs and rebuilding work. You may also need to replace your possessions or automobiles, and you could be without a job if your workplace suffered damage. Worse than that, you may be without a place to live in Florida or basic necessities for the days and weeks to come.

With that said, you may be left questioning what you should do next.

Our Martin County Hurricane Claim Attorneys at Whittel & Melton understand the terror you’ve been through, and the loss that goes with hurricanes. We know firsthand how vital it is that you receive the compensation you deserve from your insurance company so that you can start to rebuild your life.

Our goal is to protect you from the insurance company’s habit of protecting their own bottom line. We will aggressively fight for your interests so that you can rebuild after the destruction wrought by Hurricane Irma.

Whether you are a home or business owner located near the Treasure Coast, you understand the risks, but it doesn’t mean you have to settle for less than your insurance policy guarantees should your property be damaged by Hurricane Irma. We stand ready to help you deal with your insurance company, so that you can focus on your life, your home, and your loved ones.

September 7, 2017

Okeechobee County Hurricane Claim Attorney :: Okeechobee County, Florida Hurricane Claim Lawyer Jason Melton

by Whittel & Melton, LLC

It’s looking like residents can expect Hurricane Irma to be a category 3 to category 4 storm by the time it reaches Okeechobee County.

Currently, the Okeechobee County Emergency Management team is telling residents that they recommend a voluntary evacuation to low lying areas and areas prone to flooding.

Claims to insurance companies should be answered promptly and policyholders should be fully compensated under the policy terms. Sounds easy enough, right? Sadly, many home and business owners will not have an easy time getting fair settlements for their claims after Hurricane Irma blows through.

Our Okeechobee County Hurricane Claim Attorneys at Whittel & Melton are prepared to help you go to battle against your insurance company, negotiating for maximum legal compensation for Hurricane Irma claims based on:

Property damage or property loss
Business interruption
Structural foundation claims
Water damage and mold claims
Underpayment or “lowball” settlements

September 5, 2017

Lake Worth Man on Scooter Killed in Pompano Beach Crash

by Whittel & Melton, LLC

According to deputies, a man was killed Saturday while riding a scooter in Pompano Beach.

The 22-year-old Lake Worth man died in the crash that happened shortly before 9 p.m., the Broward Sheriff’s Office said.

Investigators say the man was heading west in the center lane of the 900 block of Southwest Third Street at the overpass when he was struck by a GMC Yukon being driven by a 48-year-old woman.

The woman stopped to help the man after the crash but he died after being taken to Broward Health North, according to reports.

Investigators believe the man was going around the 35 mph speed limit at the time of the crash. Neither she nor a witness reported seeing the scooter before the crash, according to the sheriff’s office.

Scooters sharing the roads with other vehicles can bring about serious dangers. Scooters can be hard to spot for driver who is not paying attention, and many motorists do not take enough care to keep an eye out for them. Scooters are always at risk of being hit, and scooter operators are always the ones at a disadvantage due to the fact that scooters offer so little fall and impact protection.

Even the most defensive scooter driver cannot be protected from negligent motorists. When someone else is responsible for causing your injury or a loved one’s death, you can file a suit for financial compensation for the damages you have suffered, including:

Medical costs
Property damage
Pain and suffering
Lost wages
Funeral expenses

August 30, 2017

Public Investment Pays Off in Pedestrian, Bicyclist Safety, Florida Still On Top List for Most Dangerous Region

by Whittel & Melton, LLC

A new study of pedestrian and bicycle travel suggests investment in infrastructure and policies to encourage walking and biking is correlated with lower rates of pedestrian and bicyclist deaths.

The work by researchers at the University of Wisconsin-Milwaukee and the University of Wisconsin-Madison also identifies the safest and most dangerous metropolitan regions for pedestrians and bicyclists in the U.S.

Using improved travel data, the study calculated the rates of fatalities for walkers and bicyclists in 46 American regions with populations greater than one million.

The safest regions identified by the meta-analysis were:

Walking

Chicago
Cincinnati
Cleveland
Minneapolis
New York City
Portland
San Francisco
Seattle

Bicycling

Portland

The most dangerous regions were:

Walking

Houston
Jacksonville
Miami
Orlando
San Antonio
Tampa

Bicycling

Jacksonville
New York City
Orlando
Tampa
West Palm Beach

The study uses data from the National Household Travel Survey, which includes work, recreational, shopping, school and social trips, so it goes beyond the “journey-to-work” data collected by the U.S. Census.

Analysis of all 46 regions also provided support for the “safety in numbers” hypothesis: More pedestrian and bicyclist traffic overall is related to lower crash risk for each person walking and bicycling.

August 22, 2017

Property Owner Accused of Negligence in Orange County

by Whittel & Melton, LLC

A tenant is suing a property owner for alleged negligence in the Orange County Circuit Court.

The woman filed a complaint on June 23 alleging that the property owner failed to provide a safe environment for her tenants.

According to the complaint, the tenant alleges that she suffered a severe injury to her left fibula on Oct. 5, 2014, which allegedly necessitated two months of orthopedic exercises, one year of disability for a year, and caused her to be unable to work. The tenant claims that the injury was caused when she struck tree roots and a mole hole due to the alleged poor lighting and maintenance of the lawn.

The tenant holds the property owner responsible for allegedly failing to warn her about the existing dangers of the premises, maintain and supervise the premises where the accident occurred and for allegedly allowing a dangerous condition to exist.

Property owners are responsible to adequately operate, manage, maintain and supervise their property to protect tenants and others from risk of harm. However, when property owners fail to maintain a safe environment for that results in serious injuries, they may be held liable for negligence.

The time following an accident can be a difficult and confusing time for injury victims. Our Florida Premises Liability Lawyers at Whittel & Melton understand this and work closely with clients through the legal process. We know you might be facing a lengthy recovery process and unable to work, which brings up the stress of paying your normal bills on top of medical bills and other accident-related losses. We can take care of your injury claim. If your accident was caused by your landlord’s careless or negligent behavior, we don’t think it is fair for you to be held responsible for paying somebody else’s mistakes.

August 10, 2017

Orlando Business Being Sued for Failing to Fix Dangerous Condition in Parking Lot

by Whittel & Melton, LLC

A business invitee is suing an Orlando business for alleged negligence.

The woman filed a complaint on June 21 in the Orange County Circuit Court, alleging that the business failed to provide a safe environment for its business invitees.

According to the complaint, the woman alleges that she was returning to her car on March 11, 2015 when she tripped and/or slipped on an uneven sidewalk on the business’ parking lot. As a result, she suffered bodily injury, pain and suffering, disability, mental anguish, an aggravation of a pre-existing condition, medical expenses and loss of earnings.

She holds the business responsible for allegedly failing to correct a dangerous condition and provide adequate signs that warned of the dangerous condition.

She is seeking more than $15,000 in damages.

If you slipped in a parking lot, there are a number of questions our Florida Slip and Fall Accident Injury Lawyers will ask you to determine who is at-fault and whether you can be compensated, including the events leading up to your accident.

August 7, 2017

Uber Knowingly Leased Unsafe Cars To Its Drivers In Singapore

by Whittel & Melton, LLC

Uber knowingly leased unsafe cars to its drivers in Singapore, according to new reports.

One of those cars, a recalled Honda Vezel with an Uber driver at the wheel, spouted flames from its dashboard in January, melting the car’s interior and cracking its windshield. The driver had just dropped off a passenger when he began smelling the smoke.

Uber had bought more than 1,000 of the defective cars, which were recalled by Honda in April 2016 due to an electrical component that can overheat and catch fire.

And though Uber knew the cars needed repairs to make them safe, the company continued to lease them to drivers unfixed.

Word of the fire apparently reached Uber’s executives in San Francisco shortly after the company’s insurer in Singapore said it wouldn’t cover the damage to the scorched Vezel due to the known recall.

When Uber launched in Singapore in early 2013, it marked the company’s first expansion into Asia.

It was a good market to enter: In addition to all the rain you might expect in a tropical climate with two monsoon seasons, owning a car in Singapore is extremely expensive. The government requires owners to buy a certificate of entitlement, which represents “a right to vehicle ownership and use of the limited road space for 10 years.” The certificates are released through competitive bidding, and recently they’ve fetched prices from $44,000 and up.

That kind of expense made it hard for Uber to find drivers, and so the company created a unit, Lion City Rentals, that would lease cars to drivers. It represented a new approach for the company, which avoids owning assets.

Instead of buying cars from authorized Honda and Toyota dealers, the company reportedly began importing hundreds of used cars a month from small dealers in the “gray market”, where safety standards are hard to enforce. At least one of those dealers didn’t get the Vezels fixed before selling them to Uber. While Uber was aware of the problem and asked the dealer to hasten its repairs, the company continued to lease the defective vehicles to drivers without warning them of the safety issue.

Even after the fire, Uber told drivers that the Vezels needed “immediate precautionary servicing” — without mentioning the risk of fire and overheating.

Uber says it took action, but “could have done more.”

“As soon as we learned of a Honda Vezel from the Lion City Rental fleet catching fire, we took swift action to fix the problem, in close coordination with Singapore’s Land Transport Authority as well as technical experts,” Uber said in the statement. “But we acknowledge we could have done more—and we have done so. We’ve introduced robust protocols and hired three dedicated experts in-house at LCR whose sole job is to ensure we are fully responsive to safety recalls. Since the beginning of the year, we’ve proactively responded to six vehicle recalls and will continue to do so to protect the safety of everyone who uses Uber.”

Uber lost nearly $3 billion in 2016 but is nevertheless is one of the largest privately held companies, valued at nearly $70 billion.

Uber’s actions are quite appalling. Uber reportedly bought the defective, recalled vehicles from what is known as the “grey market” and knowingly leased them out to drivers. Knowingly leasing defective vehicles to drivers, knowing that drivers and passengers are at a great risk of suffering injuries or even being killed, is absolutely shocking. Uber should be held accountable for its careless actions and it is extremely likely that federal regulators will launch a full blown investigation into the type of vehicles that the company is leasing out to drivers in the United States.

August 3, 2017

Older Worker Fatalities Higher Than All Other Age Groups

by Whittel & Melton, LLC

Older people are dying on the job at a higher rate than all other workers combined, even as the rate of workplace fatalities decreases, according to an Associated Press analysis of federal statistics.

This is an alarming trend as baby boomers reject the traditional retirement age of 65 and keep working. The U.S. government estimates that by 2024, older workers will account for 25 percent of the labor market.

Gerontologists say those changes include gradually worsening vision and hearing impairment, reduced response time, balance issues and chronic medical or muscle or bone problems such as arthritis.

In 2015, about 35 percent of the fatal workplace accidents involved a worker 55 and older – or 1,681 of the 4,836 fatalities reported nationally.

The AP analysis showed that overall workplace fatality rate for all workers – and for those 55 and older – decreased by 22 percent between 2006 and 2015. But the rate of fatal accidents among older workers during that time period was 50 percent to 65 percent higher than for all workers, depending on the year.

The number of deaths among all workers dropped from 5,480 in 2005 to 4,836 in 2015. However, on-the-job fatalities among older workers increased slightly, from 1,562 to 1,681, the analysis shows.

During that time period, the number of older people in the workplace increased by 37 percent. That compares with a 6 percent rise in the population of workers overall.

The AP analysis is based on data from the Bureau of Labor Statistics’ Census for Fatal Occupational Injuries and from one-year estimates from the American Community Survey, which looks at the working population. It excludes cases where the cause of death was from a “natural cause,” including a heart attack, stroke among others.

AP also examined the number and types of accidents in which older workers died between 2011, when the bureau changed the way it categorized accidents, to 2015:

Fall-related fatalities rose 20 percent.
Contact with objects and equipment increased 17 percent.
Transportation accidents increased 15 percent.
Fires and explosions decreased by 8 percent.

An Associated Press-NORC Center for Public Affairs Research poll found in 2013 that 44 percent of older Americans said their job required physical effort most or almost all of the time, and 36 percent said it was more difficult to complete the physical requirements of their jobs than it was when they were younger.

In most states, the fatal accident rates for older workers were consistently higher than comparable rates for all workers.

Nevada, New Jersey and Washington had the greatest percent increase in fatal accident rates for older workers between 2006 and 2015.

The three states with the biggest percent decrease were Hawaii, Oregon and Vermont.

Eight states saw their overall workplace fatality rate drop, even as the rate for older workers increased: Massachusetts, Michigan, Montana, Nevada, New York, Texas, Utah and Washington.

In two states – North Dakota and Wisconsin – the trend was reversed; older worker accident rates got smaller while the accident rate overall increased.

If you have been injured on the job, one of the most important things you can do is to report it. While this might seem obvious, there are many times a person is injured without requiring immediate medical attention, so it might seem like a good idea to take a wait and see approach and not report the incident. However, when an accident is not reported, your employer could deny you medical treatment and benefits for missed time from work. By reporting any workplace accidents properly, you can prevent many potential hassles.