Articles Posted in Orange County

A customer who was reportedly injured after she tripped over a shopping cart left in a Walmart aisle has filed now filed a negligence lawsuit.

The woman filed a complaint on April 3 in the Orange Circuit Court against Walmart Stores Inc., alleging the Orlando shopping center failed to use due care to maintain its premises in a safe condition.

According to the complaint, the woman claims that on Feb. 5, 2016, she visited the Orlando store and tripped and fell over a cart that was left in the walkway.

As a result, she sustained bodily injury, pain and suffering, disability, mental anguish, loss of earnings, and medical expenses.

She holds Walmart responsible because the store allegedly failed to adequately inspect and maintain the walkway, and failed to correct or warn visitors of the danger of carts in the walkway.

When you choose to visit a retail store, you expect that you will be provided with a reasonably safe shopping experience. In fact, retail businesses are legally obligated to keep their premises safe for customers. If you suffer an injury from a hazard on store premises, you could have a valid claim against the business.

While many retail injury claims are slip and fall or trip and fall claims, there are many other injuries that occur within a store, including:

  • Faulty staircases
  • Uneven floors
  • Broken or poorly maintained escalators and elevators
  • Falling merchandise
  • Insufficient lighting in parking lots
  • Shelving mishaps
  • Lack of security

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An Orlando property owner is suing an insurance company, alleging breach of contract.

The property owner filed a complaint Feb. 2 in the Orange County Circuit Court against Florida Specialty Insurance Company, alleging failure to pay for damage caused by a hurricane.

According to the complaint, on Sept. 11, 2017, while the Orlando property was insured under a homeowners insurance policy, it sustained a covered loss due to Hurricane Irma. However, the suit says Florida Specialty has refused to provide coverage.

The property owner alleges Florida Specialty Insurance has failed to fully pay for all of the insurance losses and forced the property owner to retain the services of an attorney.

Our Florida Hurricane Claims Lawyers at Whittel & Melton represent homeowners and businesses in hurricane damage claims in Orlando and the surrounding areas. We know how hard it can be to get your insurance company to cooperate following a hurricane or storm damage claim. We can help you recover what is rightfully owed to you, according to the terms of your policy agreement.

Insurance companies use tactics that are meant to protect the company’s interests and do not always act in good faith when it comes to paying out for valid claims. We are more than familiar with the unfair strategies insurance companies use, including:

  • Denial of a claim
  • Delayed payment of a claim
  • Underpayment of a claim

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A Pinellas County woman, who requires a scooter to move about, is suing Walt Disney Parks and Resorts, alleging negligence caused her injuries.

The woman filed a complaint Feb. 1 in Orange County Circuit Court against Walt Disney Parks and Resorts US Inc. and Disney Vacation Development Inc., alleging the park failed to provide a safe environment for its business invitees.

According to the complaint, on Dec. 7, 2017, the woman was at Disney’s Contemporary Resort, trying to move from her scooter to a DVD transport vehicle. The suit says the woman fell while trying to get into the vehicle.

The woman says she suffered bodily injury, resulting in pain and suffering, disability, disfigurement, scarring, mental anguish and aggravation of previous existing condition. The suit claims Disney employees negligently failed to properly assist the handicapped plaintiff.

The woman says the park failed to provide a handicap accessible transport vehicle, failed to train its employees regarding transport protocol for handicapped guests and failed to render aid to her after the incident.

There are many ways someone can get suffer an injury. Sometimes, these injuries are no one’s fault. However, in some situations, injuries can be the direct result of the actions of another person or business entity. These injuries could be the result of an accident or an intentional act.

The law clearly states that an at-fault person or business entity who causes personal injury to another is civilly liable to pay for their financial damages. Our Florida Injury Lawyers at Whittel & Melton can help you if you have been injured due to the acts of another.

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An Orlando man is suing Dollar Tree, alleging negligence led to his injuries.

The man filed a complaint Nov. 28 in Orange County Circuit Court against Dollar Tree Store Inc., doing business as Dollar Tree, alleging the retail store failed to maintain its premises in a reasonably safe condition.

According to the complaint, on Feb. 11, 2017, the man was a lawful business invitee at Dollar Tree’s store at 4568 S. Semoran Blvd Orlando. The suit says the man slipped and fell on a liquid substance on the floor.

As a result, the man says, he sustained bodily injury, pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, loss of ability to earn money, plus medical and treatment expenses.

The man alleges Dollar Tree failed to inspect its floors to ascertain whether it is safe for customers and failed to warn customers of the danger of the liquid substance on the floor.

The man seeks trial by jury, damages in excess of $15,000, interest and court costs.

In order to prove negligence in a slip and fall injury claim, two questions must be answered. First, it must be determined what caused you to fall. The second question is how what caused you to fall got there, and if anyone knew about the problem. This can be more difficult to uncover, but certainly not impossible.

If you suffered significant injuries in a slip and fall accident at a business as a result of negligence, you may be able to file a personal injury lawsuit to seek financial compensation for the harm you suffered. Slip and fall lawsuits help injury victims recover the costs to pay for medical bills, any lost earnings, disfigurement, emotional distress or permanent physical disability suffered as a result of the property owner’s negligence.

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An Orange County woman is suing McDonald’s, alleging failure to properly secure the lid of a hot coffee cup that led to injuries.

The woman filed a complaint Nov. 6 in Orange County Circuit Court against McDonald’s Restaurants of Florida Inc., alleging failure to exercise reasonable care for the safety of customers.

According to the complaint, on Nov. 1. 2016, the woman was at the drive-through at McDonald’s when an employee handed her a cup of hot coffee. As she took a sip of the coffee, she said, the lid was not properly secured, and the hot coffee spilled onto her.

As a result, the woman says she sustained physical injuries, mental anguish, loss of earnings and incurred medical expenses.

The woman alleges the McDonald’s employee failed to adequately secure the lid on the coffee cup, thus creating a hazardous condition to its customers when handing them hot coffee.

If certain details of this case sound familiar, you are probably thinking of the most famous case of a coffee-related burn lawsuit where a New Mexico woman successfully sued McDonald’s for over $2.8 million after suffering serious burns from a 190 degree cup of coffee. That judgement was later reduced to just over $600,000 before a confidential settlement was reached between the two parties.

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A woman is suing Walt Disney Parks and Resorts US Inc. for alleged negligence.

The woman filed a complaint on Aug. 3 in the Orange County Circuit Court, alleging that the Disney failed to follow applicable safety guidelines and regulations.

According to the complaint, the woman alleges that she was a guest at the amusement park on May 3, 2016 when she fell due to a broken and defective sidewalk. The woman claims that she suffered disability, mental anguish and incurred medical expenses as a result of the fall.

She holds Disney responsible for allegedly failing to properly inspect the property, maintain its sidewalk and warn guests of the dangerous conditions.

Property owners have an obligation to keep their properties safe from unreasonably dangerous conditions such as defective sidewalks, uneven steps, and even spills on the floor. However, all too often people are injured on another person’s property because of an unsafe condition that the owner knew about and failed to repair.

Our Florida Premises Liability Lawyers at Whittel & Melton can help you if you have been injured on another person’s property. We will investigate your injury to help determine the cause, and help you pursue compensation for your injuries.

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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.

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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.

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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.

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Central Florida theme parks have submitted their injury reports for the second quarter of 2017.

There were a total of 16 illnesses or injuries that required a hospital stay of 24 hours, according to the state’s quarterly report.

Walt Disney World reported 11 incidents, while Universal Orlando had four and SeaWorld Orlando had one.

The incidents ranged from seizures to back pain.The injuries and illnesses happened between April and June.

At Disney’s Animal Kingdom, a 31-year-old woman felt dizzy and lost consciousness on the park’s newest attraction, Flight of Passage. On June 12, a 79-year-old woman with a pre-existing condition also became ill after being on the ride.

An 81-year-old woman had motion sickness on Harry Potter and the Forbidden Journey in April. An 18-year-old woman had a similar illness on Harry Potter and the Forbidden Journey.

Other incidents reported:

Disney World

  • A 57-year-old woman with a pre-existing condition experienced stroke-like symptoms on Castaway Creek at Disney’s Typhoon Lagoon.
  • A 48-year-old woman with a pre-existing condition had a seizure on Seven Dwarfs Mine Train at the Magic Kingdom in May.
  • A 34-year-old man reported eye irritation on Expedition Everest at Disney’s Animal Kingdom.

Universal Orlando

  • A 47-year-old woman fainted on the Incredible Hulk Coaster at Universal’s Islands of Adventure on June 20.
  • A 45-year-old man reported back pain on the Kala & Tai Nui Serpentine Body Slides at Universal’s Volcano Bay.

SeaWorld Orlando

  • A 54-year-old man reported a shock to his arm on Journey to Atlantis on June 15.

No incidents were reported by Legoland Florida or Busch Gardens Tampa Bay.

An outing at Disney World, a county fair or any of the amusement parks around Florida should be a day filled with fun and excitement. However, an amusement park injury can turn a great day into a nightmare in just a matter of seconds.

If you have been injured at an amusement or theme park, it is very important for you to contact an experienced injury lawyer before signing any documents or making any statements to a park owner or representative. The park’s initial offer will not likely cover certain necessary damages, such as ongoing medical needs or future losses.

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