Articles Posted in Premises Liability

A 2-year-old girl has been injured after falling into the rhinoceros exhibit at the Brevard Zoo in Melbourne.

Brevard County Fire Rescue officials said the girl was taken to an Orlando hospital for treatment Tuesday afternoon. Her mother was also taken to a hospital for treatment.

The zoo’s executive director said they don’t believe the rhino’s horn touched the child. The extent of the child’s injuries is not clear.

She fell through the steel poles that separate guests from rhinos during a hands-on experience.

The zoo has offered the hands-on experience daily since 2009 without any incidents prior to Tuesday.

Zoos go to great lengths to protect both animals and visitors by making sure exhibits are enclosed properly and cages are adequately maintained. Our Florida Injury Attorneys at Whittel & Melton strongly urge parents and caretakers to closely observe children during every aspect of a zoo visit as defects can occur at any time, which can result in an animal or child coming into contact with one another and a serious injury occurring.

In Florida, premises liability laws allow injury victims to hold a property owner responsible for injuries that occur due to defects on the property. If the owners of the zoo knew, or reasonably should have known, about a hazard on the property, such as a cracked sidewalk, dangerous zoo ride, or unsafe animal enclosure, but did not take the necessary steps to repair it, the zoo could be liable for visitor injuries.

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A 44-year-old man was injured Saturday on a raft ride at Disney’s Typhoon Lagoon, according to the Orange County Sheriff’s Office.

Deputies responded to the water park at about 1 p.m. The man was riding Miss Adventure Falls when his arm became stuck between the ride’s conveyor belt.

Disney cast members attempted to free the man’s arm before deputies arrived. The Reedy Creek Fire Rescue responded to the water park and were able to free the man’s arm.

The man was flown to Osceola Regional Medical Center with non-life threatening injuries.

The attraction is currently closed while Disney reviews the incident.

Miss Adventure Falls debuted at Disney’s Typhoon Lagoon in 2017.

In 2017, the latest year for statistics on Disney parks, 2.163 million people visited Disney’s Typhoon Lagoon. That breaks down to 5,926 visitors a day.

The rides and activities at most water parks have the potential to cause very serious injury if things go wrong. Because of this, operators must exercise reasonable care to ensure the safety of their rides and their riders.

While it is very important to document an injury and report it to park officials, obtaining legal representation swiftly following the accident is essential in prevailing in a lawsuit against a water park. You may be entitled to recover for your medical expenses, lost wages, pain and suffering, wrongful death, or other losses.

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A Florida woman is suing Texas Roadhouse Inc., a national chain, after she slipped and fell down at one of the barbecue restaurants in Orlando.

The woman filed a complaint on Nov. 8, in the 9th Judicial Circuit Court for Orange County, alleging that the restaurant failed to keep the premises safe.

She alleges that she slipped and fell down on a wet or slippery substance on the floor while at the Texas Roadhouse. She suffered injuries that resulted in pain, disability, disfigurement and scarring. She also has suffered mental anguish and lost enjoyment in life. She incurred medical costs and lost income as a result of the accident.

She holds Texas Roadhouse responsible because the restaurant failed to follow its own corporate policies regarding the dangerous condition, failed to have adequate staff on duty and/or assigned to the task of inspecting and maintaining the premises, and failed to provide warning signs of debris and/or a slippery substances.

Restaurants have basic duties that are owed to customers they invite onto their premises. A restaurant must ensure that the property is inspected regularly to identify whether there are any hazardous or dangerous conditions that could cause an accident to occur. Things like slippery floors, uneven tiles, broken stairs or railings and other unsafe conditions must be corrected or at least have warnings that are visible to guests so that they can avoid the unsafe area.

If there are not adequate warnings, and if dangerous conditions are the direct cause of an accident, a slip and fall victim can pursue a claim for financial compensation. Restaurants can be held accountable for any injuries that can be traced back to their negligence. The restaurant can be held responsible for costs associated with medical care and treatments, missed time from work, lost wages or loss of earning potential. Victims may also be able to recover non-economic damages as well, including pain and suffering and mental anguish.

Our Florida Slip & Fall Injury Attorneys at Whittel & Melton can provide assistance if you have been injured in a slip and fall accident at any restaurant or other premise. We can mount a strong case on your behalf with the hopes of recovering maximum monetary compensation for your slip and fall injury claim.

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A Walmart shopper alleges she was injured when an employee lost her footing while stocking shelves and caused the shelves to fall.

The woman filed a complaint on Sept. 7 in the Harris County District Court against Walmart Inc. alleging negligence.

According to the complaint, the woman alleges that on Sept. 7, 2016, she was shopping at a Walmart store in Houston when a Walmart employee lost her footing on a ladder while stocking and grabbed the shelf, causing the shelves to fall directly upon the woman’s head, back and hip. She alleges she sustained significant injuries resulting in pain and suffering, emotional distress and medical expenses as a result.

She holds Walmart Inc. responsible because the store failed to consider the safety of consumers present in the aisle by placing a ladder and climbing on it when it was not safe to do so and by failing to provide a spotter to steady the ladder while in use.

She seeks damages of at least $75,000, with interest, costs, attorney’s fees and such other and further relief to which she may show herself justly entitled.

Shelf collapses can often result in serious injuries. If shelves are solid or have heavier or dangerous merchandise such as electronics, appliances, or utensils, any customers in the vicinity can suffer devastating injuries, such as:

Store owners have a duty to keep their premises in reasonably safe conditions, which means identifying and eliminating hazards in a timely manner to keep customers free from harm. They are responsible for regularly inspecting the grounds for any potential dangers. If shelves are not properly installed, secured to the walls, inspected, or maintained, and a shelf collapses and causes injuries, the store owner should be held responsible. Injury victims can bring a premises liability claim against the negligent store owner to recover for losses including medical bills, pain and suffering, lost income, and other damages.

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A diner is suing Tijuana Flats Inc., claiming she injured herself at the restaurant after tripping and falling on mats that were overlapping and caused a dangerous condition.


The woman filed a complaint on Aug. 15 in Orange County against Tijuana Flats Inc., alleging that the restaurant breached its duty to exercise reasonable care by allowing mats inside its store to overlap and create a trip hazard.

She claims she sustained injury resulting in pain, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care.

The lawsuit holds Tijuana Flats, Inc. responsible, because the restaurant allegedly failed to correct a dangerous condition and failed to install, maintain, and provide safe flooring surfaces on its premises.

When you slip and fall or trip and fall at a restaurant, it’s not only embarrassing, but you could suffer from injuries that affect your ability to work and that require extensive medical treatment. If a slip and fall or trip and fall accidents was the result of negligence by the restaurant, you could be entitled to financial compensation to cover the costs of your doctor and hospital bills, lost income, and any other costs related to the injury.

Restaurant slip and falls and trip and falls are actually quite common injuries that can cause serious harm. Victims may suffer broken bones, back injuries, fractures and head injuries. If you have suffered injuries in an Orlando restaurant, you should make sure you have someone representing your interests. At Whittel & Melton, we protect the rights of injury victims who have suffered due to someone else’s negligence. We take these cases on a contingency basis, meaning that if you do not recover damages, you do not owe us for any legal fees.

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A Pinellas County customer is suing a Gulfport bar/grill, alleging negligent supervision led to him being attacked.

The man filed a complaint Aug. 8 in Pinellas County Circuit Court against the bar/grill alleging the establishment failed its duty to implement reasonable security and provide a reasonably safe premise to protect customers and guests.

According to the complaint, on Sept. 4, 2016, the man was physically attacked, beaten and stabbed by assailants who were patrons on the premises.

As a result, the man suffered bodily injuries, the expense of medical and nursing care and treatment and the expense of hospitalization.

The man alleges that the establishment did not supervise and/or monitor the unreasonably dangerous situation on the premises and failed to provide employees with adequate means to avoid, prevent or deter criminal activity on the property.

If you have been attacked in a bar, or were injured in a bar fight, you might be wondering if you have a legal case to see damages. Making a claim against a bar or nightclub for your injuries from a bar fight is a personal injury lawsuit that revolves around negligence. To prevail in a lawsuit against a bar for your suffering, you must prove negligence on the part of the establishment, and show that because of that negligence you were injured.

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In order to ensure the safety of their passengers, commercial airlines must comply with a comprehensive set of federal safety standards and regulations. Because of these strict standards, travelling by air is one of the safest, most reliable modes of transportation available to the public. However, airlines, just like any person or company, can fail to live up to their duties. When they do not meet federal regulations, they place passengers at risk of being involved in a dangerous accident.

While airplane accidents are relatively uncommon, they do happen. These accidents are usually caused by errors or negligence. When an aircraft has a mishap, airline companies may typically be held liable for the damages suffered by passengers and their families.

Negligence is why a JetBlue passenger is suing the airlines in Orange County.

A woman filed a complaint Aug. 1 in Orange County Circuit Court against JetBlue Airways Corporation, alleging failure to follow applicable safety guidelines and regulations.

According to the complaint, on March 5, 2015 the woman was a passenger on JetBlue flight 158 from Florida to JFK Airport in New York. The suit says the plane landed violently, causing the woman to be thrown about.

This rough landing caused the woman to suffer serious injuries resulting in pain and suffering, disability, disfigurement, mental anguish, loss of enjoyment of life, and/or aggravation of a previous existing condition.

The suit alleges JetBlue Airways failed to warn customers of the hazardous condition, and allowed the pilot to negligently operate the airplane.

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An Orange County man alleges he was injured at an Orlando convenience store because of a pothole in the parking lot.

The man filed a complaint on July 2 in the 9th Judicial Circuit Court of Florida – Orange County against Circle K Stores Inc. alleging negligence.

According to the complaint, the man alleges that on May 22, 2015, his foot and ankle went into a pothole, causing him to fall. He alleges he sustained bodily injuries in and about his body and extremities, resulting in pain and suffering, disability, disfigurement, loss of earnings and medical expenses as a result of the fall.

He holds Circle K Stores Inc. responsible because they allegedly failed to repair the hazard in the parking lot or to warn visitor about it.

Potholes can pop up everywhere, and you can find them on roads, alleys, crosswalks, and parking lots. Injuries from a pothole accident can change your life in a matter of seconds.

When a pothole injury happens, you will likely have a lot of questions. Determining who is responsible will be at the top of your list. Responsibility usually rests on the property owner. However, it is not always that cut and dry, which is why you need the help of a Florida Premises Liability Lawyer at Whittel & Melton. We can help you explore your legal options and answer all of your questions.

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This week we learned the Broward Sheriffs Deputies assigned to guard the baggage claim area of the Fort Lauderdale-Hollywood International Airport on Jan. 6, 2017 when a shooting occured that killed five people and injured another six, were not actually at their assigned posts. Instead, they were in a nearby office full of balloons and cake for a retirement party.

A Virginia Beach woman, who lost her husband in this shooting, is suing BSO, Delta Airlines and the security firms charged with protecting the airport.

The lawsuit asserts that in the immediate aftermath of the shooting, as her husband’s body still lay on the floor of the airport, she was hustled into that party room. She waited there for hours, she said, as law enforcement investigated the scene.

In the chaos after the shooting, she and another spouse of a shooting victim were shuttled from room to room inside the airport while police swarmed outside. One of those offices was festooned with balloons and a cake. The shooter pleaded guilty to the killings in exchange for avoiding the death penalty. He faces five life sentences at his Aug. 17 sentencing hearing.

That was the room where BSO deputies were celebrating a fellow detective’s retirement instead of guarding baggage claim when the shooting took place, the lawsuit alleges.

Airports, just like all other businesses, have a duty to maintain a safe environment. They have a duty to protect their customers/guests from any foreseeable crime or criminal activity, which means having security officers and security cameras.

Negligent security lawsuits matter because they hold the wrongdoer accountable for their actions. Whoever was in control or had the opportunity to use control of the property would be liable in a negligent security case. This could be the person or business that owns the property. In this case, the airline and the security company are being sued as being the responsible entities.

In order to successguly prove negligence, it depedns on what the crime was and if it could have been prevented. If it could have been prevented, it is relevant to establish whether the business or entity did anything in an attempt to do so. If the property owner knew of the danger and did nothing to protect people, then a claim for damages can be filed for personal injury or wrongful death.

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A three-year-old girl died on July 1 in a bouncy castle incident in Norfolk, U.K.
She was bouncing on the inflatable equipment — a bouncy castle with a trampoline — when the trampoline exploded launching her “30 feet” in the air and causing her to land on the sand.

This tragedy comes just two months after two fairground workers were found guilty of manslaughter by gross negligence for failing to properly secure a bouncy castle in Norwich, which killed a seven-year-old child.

 

According to the Canadian Hospitals Injury Reporting and Prevention Program (CHIRPP), there has been a vast increase in bounce house-related injuries in the last 20 years. Between 1990 and 2010, over 30 percent required medical follow up after initial treatment in the emergency department. The most common injuries were fractures and sprains.

In the U.S., the American Academy of Pediatrics reported that more than 64,000 children were treated in U.S. emergency departments for inflatable bounce house-related injuries between the years 1990 and 2010. From 2008 – 2010, the number of injuries more than doubled to an average of 31 injured children per day. More than a third of the children injured were under the age of six.

Our Florida Injury Attorneys at Whittel & Melton want your kids to remain safe at birthday parties, fairs, carnivals, festivals and all other celebrations. The following safety measures should be taken into consideration when your child is playing inflatable structures:

  • Always supervise children in a bounce house. ALWAYS!
  • Remove shoes, jewelry, and any hard or sharp objects from children’s pockets.
    Group children together according to size to help reduce risk of injury from collision.
    Do not allow children to perform stunts like flips or somersaults.
    Make sure children stay away from the exit points when bouncing inside.
  • If the bounce house starts to deflate, exit promptly.
  • If there are high winds, do not use the bounce house.

Bounce houses and other inflatables fall under premises liability, a legal concept that applies to situations where there is an unsafe or defective object on someone’s property. In order to establish liability in a bounce house injury, you must prove that the property owner was negligent and failed to provide reasonable care.

The main defense against bounce house claims is that they come with an assumption of risk. This basically means that while you may know that bounce houses are potentially dangerous, you still allowed your child to play in one anyway.

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