Premises Liability

June 30, 2016

Be Safe This Fourth Of July Weekend

by Whittel & Melton, LLC

Our Florida Injury Lawyers at Whittel & Melton would like to wish everyone a very happy Fourth of July! The Fourth of July holiday is usually centered around fun, and many of us celebrate the long weekend with friends and family, but like many other holidays, risks of accidents and injuries tend to increase during this time.

To help you keep yourself and your loved ones safe this weekend, we would like for everyone to review the below safety tips:

Firework Safety

Many people around the state of Florida want to light of a few fireworks of their own, regardless of the fact that Florida law prohibits any fireworks that fly through the air or explode — such as Roman candles, bottle rockets and mortars — for recreational use. If you plan to light off your own, remember these important tips:

Always follow instructions and never provide fireworks to small children.
Use fireworks in a safe area and never throw or point fireworks toward people, vehicles, structures, or flammable materials.
Do not light multiple fireworks at once and never attempt to relight a “dud” firework that did not go off the first time.

Drunk Driving

Sadly, drunk driving accidents, injuries, and deaths are consistently high during Fourth of July weekend. If you plan on celebrating ‘Merica’s Birthday with a few cocktails, make sure to drink responsibly or plan a safe ride home. Designate a sober driver, or call a cab or transportation service like Uber or Lyft. Remember, law enforcement officers will be on the lookout for drunk and/or drugged motorists.

Grilling Safety

Barbecues are always a Fourth of July staple. Did you know that numerous people suffer injuries when barbecuing on charcoal and gas grills? Make sure to never grill indoors, refrain from adding lighter fluid when charcoal has already been ignited, and always follow instructions.

Water Safety

It’s hot in Florida! Most Floridians and visitors to our state will be by the beach, lake, or enjoying the water at backyard pool parties this weekend. When having fun near or in the water, safety should be your top priority. Adults should always supervise children and you should drink responsibly, as well as have an emergency action plan in case something goes awry.

June 16, 2016

Toddler Snatched By Alligator at Disney World Resort

by Whittel & Melton, LLC

A 2-year-old boy was snatched off the beach by an alligator on Wednesday at a Disney World Resort.

His body was recovered around 3:30 today. The body was taken to Orange County Medical Examiner’s Office. It is believed that the gator drowned the boy.

The 7- to 8-foot reptile grabbed the boy late Tuesday as he was playing in about a foot of water at the Seven Seas Lagoon at the Grand Floridian Hotel. His father, who quickly rushed to the boy’s aid, could not fend off the alligator and received minor injuries to his hand.

The boy’s mother also rushed into the water, but when the couple was unable to save their son, they alerted a nearby lifeguard who called 911.

Some 50 wildlife specialists, including trained alligator trappers, shifted early Wednesday from a search and rescue effort to a recovery operation, according to the Orange County Sheriff’s Office.

A tragedy like this is not something we read about often in the news, but sadly, things like this can happen in Florida.

According to the Florida Fish and Wildlife Conservation Commission numbers, as of April there has been just one other incident where a person was bitten by an alligator in Florida in 2016. There were nine 2015, one of which was fatal, and 10 in 2014, none of which were fatal. Since 2006, there have been five reported fatalities due to alligator attacks, and since 1948, when the agency began keeping track, there have been 23.

Any body of water of any size in Florida can potentially have alligators in them. Most hotels and resorts near bodies of water are pretty vigilant about relocating dangerous animals out of areas where the public would be nearby. In Florida, you have to be very careful as alligators can be anywhere, including golf courses and even backyards.

June 8, 2016

Detectives Investigating Hidden Cameras in Florida Keys

by Whittel & Melton, LLC

Detectives in the Upper Keys are investigating three reports involving hidden cameras found in women’s restrooms.

In all three incidents, miniature cameras hidden in coat hooks were found mounted on the walls in the women’s restrooms.

The coat hooks mounted in all three locations are identical to devices available for purchase on line, sold by various companies as “home security devices.” Detectives have notified Monroe County Public Works and Islamorada Public Works and asked them to check all the bathrooms at county and city facilities; Sheriff Rick Ramsay wants to let everyone know so they also can be on the lookout.

All of the devices found so far look like simple white coat hooks with the camera mounted behind it and utilizing a very small hole in the top portion of the coat hook for the lens of the camera. They use motion detection cameras inside to take video.

If you ever see one of these coat hooks in your hotel bathroom or elsewhere, leave immediately and call 911.

Hotels and the owners of other properties have a certain duty to tenants, visitors, and customers to keep the area safe and secure. When they fail to provide a safe environment and someone is injured as a result, property owners can be found liable.

Negligent security deals with an owner failing to show reasonable care for the safety of others. Lack of reasonable care can range from a robbery at an ATM on site or as this case shows, hidden cameras installed in hotel bathrooms.

May 20, 2016

Texas Club Sued for Death At Hip Hop Show

by Whittel & Melton, LLC

Texas club owners failed to amp up security for a show featuring two rival rap groups and an aspiring emcee was shot in the head, according to reports.

The man’s mother alleges the fight could have been expected.

The show was on April 9 and according to the Facebook post, it was for people 21 and over. The emcee that died was only 18.

The court documents allege that the club put profit over the safety of patrons.

“The show featured two competing and potentially violent rap music groups whose members are believed to be prominent in local street gang activity,” the lawsuit states.

A fight broke out at the event and spilled into a parking lot and that is when the emcee received a gunshot wound to the back of his head.

He died three days later in the hospital.

His mother is seeking more than $1 million in punitive damages for gross negligence, premises liability and fraudulent misrepresentation.

Nightclub owners are obligated to exercise caution and prevent guns from entering their club. When adequate security measures are in place, shootings and other injuries can be prevented. Sadly, security at nightclubs is not always taken as seriously as it should be, and when an accident that could have been prevented occurs, this results in negligent security cases. These lawsuits seek to hold the nightclub accountable for the wrongful injury or death of a victim. While no amount of money will bring the deceased back or heal an injury, it can send a message to the negligent nightclub owner and prevent any future incidents.

April 6, 2016

Dozens Ill After Carbon Monoxide Leak at Miami Office

by Whittel & Melton, LLC

Dozens of people have fallen ill after a carbon monoxide leak at a Miami office building.

According to Miami-Dade Fire Rescue, high levels of carbon monoxide were found on the second floor Monday afternoon.

Miami-Dade Fire Rescue spokeswoman said several people were showing signs of carbon monoxide poisoning.

At least 17 people were taken to hospitals, while dozens more were treated at the scene and released.

About 80 people were sent home because they felt sick. Approximately 400 people work at the building.

Officials say the source of the leak came from the drains in the first floor bathrooms.

Reports indicate that an environmental assessment company has been contacted to ensure necessary repairs are made.

Carbon monoxide is a colorless, odorless gas by-product that interferes with the delivery of oxygen in the blood to the rest of the body. It is often referred to as the “silent killer.” This type of toxic exposure usually results in physical problems, neurological problems, and even death.

Symptoms of carbon monoxide poisoning are often confused with the flu or food poisoning. Depending on the amount inhaled, this gas can cause:

Dizziness
Nausea
Chest Pain
Headaches
Confusion
Fatigue
Death

December 21, 2015

Don’t Become a Victim of Holiday Injuries & Decorating Disasters

by Whittel & Melton, LLC

The United States Consumer Product Safety Commission is responsible for protecting the public from unreasonable risks of injury or death associated with consumer products. They have compiled some pretty surprising data on holiday decorating injuries, so if you find yourself in the hospital emergency room from a holiday decorating injury this year, you will certainly not be alone.

Last Year’s Stats

According to the CPSC, during November and December 2014, there were 12 fatalities and 145,000 injuries treated in hospital emergency rooms all related to some type of holiday decorating fiasco. This equates to an average of 240 injuries per day during the holiday season!

The consumer protection organization said the top reasons for injuries were falls, lacerations, back strains, and ingestion of foreign objects. The CPSC suggests following the tips below to avoid decorating disasters.

Exercise extreme caution on ladders. The CPSC says that 36 percent of holiday decorating injuries are the result of falls, and half of those are falls from ladders.
Check live Christmas trees for freshness. Keep them away from heat sources. Make sure to keep trees watered.
The CPSC suggests buying fire resistant artificial trees. Not as fun, but much safer.
Keep lit candles away from trees. Also keep candles away from wreaths, curtains and furniture.
Examine Christmas light sets for damage. Discard all sets with cracked or broken sockets, frayed or exposed wires, and loose connections. It is recommended to buy lights that show markings of a safety testing laboratory. Fires from holiday lights caused ten deaths last year.
Keep small decorations away from children. Tiny decorations are huge choking hazards.
Avoid decorating with sharp, weighted, or breakable decorations. Lacerations were the top-reported decorating-related injuries last year!

Consult With A Florida Injury Lawyer

August 10, 2015

Man Falls 3 Stories in Construction Site Accident

by Whittel & Melton, LLC

A man fell about three stories at a construction site on International Drive Thursday afternoon.

According to an Orange County spokeswoman, the man was conscious when firefighters reached him.

The man, in his 40s, was taken by helicopter to Orlando Regional Medical Center, according to reports.

The construction site is near International Drive and World Center Drive.

He was under a trauma alert, which means he was in serious or critical condition.

It is not clear how the man fell from scaffolding.

Scaffolds are temporary structures that are designed to elevate a construction worker and materials to a height. Usually scaffolds are used to walk around a structure.

Improper connections and sharp corners can result in minor scaffolding-related injuries like cuts and bruises. Plank failures, falling planks, pipe failures, falling pipes, support failures, falling supports, falling objects and falls to the ground can lead to severe scaffolding-related injuries such as traumatic brain injuries, amputations, fractures, paralysis, nerve damage and wrongful death.

If you or a loved have been injured while working at a jobsite, you and your family may be entitled to receive financial compensation for health care, medical expenses, medical bills, loss of income and pain and suffering.

April 29, 2015

Illness, Injuries Reported at Orlando Theme Parks

by Whittel & Melton, LLC

During the first three months of 2015, three people felt seriously ill after riding Harry Potter & the Forbidden Journey at Universal Orlando.

According to a quarterly theme-park injury report submitted to the state of Florida, Walt Disney World reported six injuries and Universal reported seven.

There were no reported injuries at SeaWorld, Wet `n Wild and Legoland.

According to reports, the injuries on the Harry Potter ride include a 69-year-old man who felt chest discomfort, a 51-year-old man with a pre-existing condition had difficulty moving his extremities and a 76-year-old woman experienced “altered mental status.”

The parks report injuries that take place on a ride and result in an immediate hospital stay of more than 24 hours.

At Disney’s Magic Kingdom, a 64-year-old man hurt his ankle while stepping out of a car at the Indy Speedway. At the Animal Kingdom, two people reportedly felt ill after riding Expedition Everest.

Theme park accidents actually occur more often than the public might think. The major Florida theme parks include Universal Orlando, Magic Kingdom, Disney’s Typhoon Lagoon, Wet ‘n Wild Orlando, Disney’s Animal Kingdom, Epcot, Disney’s Hollywood Studios, Islands of Adventure, SeaWorld Orlando, Disney’s Blizzard Beach, LEGOLAND Florida, DisneyQuest, Busch Gardens Tampa Bay, Universal Studios Florida, Discovery Cove and many more.

Most people tend to think that roller coasters are the most dangerous areas of a theme park. While in some cases these rides do present serious risks, injuries at an amusement park can also frequently result from:

Slip and Fall Accidents
Negligent Security
Drowning or Near-Drowning
Waterborne Illness
Disney Monorail Accidents
Shuttle Bus Accidents
Food Contamination
Malfunctioning Machinery
Animal Bites & Attacks

April 21, 2015

200 Royal Caribbean And Celebrity Cruise Passengers Sick with Norovirus

by Whittel & Melton, LLC

More than 200 passengers on two cruise ships, Royal Caribbean’s Legend of the Seas and Celebrity’s Infinity, have fallen ill with norovirus. The CDC is now investigating the outbreak and monitoring clean up procedures on the two ships.

What is Norovirus?

Norovirus is a highly contagious virus that spreads through contaminated food, water and dirty surfaces. Similar to the stomach flu, norovirus can cause up to three days of stomach cramps, diarrhea and vomiting. This usually does not require treatment, but some people may become dehydrated and need liquids or intravenous fluids.

Cruise Ship Liability

Cruise ship passengers do have a bill of rights, but the terms of the ticket contract are what determine passengers’ right to sue.

Under the contract, usually located on the back of the cruise ticket, passengers generally waive their right to sue unless the cruise company was negligent in some way. In order to show the cruise line was negligent, it must be demonstrated that the cruise line had a duty to reasonably care for its passengers, but breached that duty, which in turn, caused you harm.

A reasonable standard of care often translates to mean that the cruise company took adequate measures to clean rooms and restrooms, handled and stored food and water properly and made a reasonable effort to quarantine sick passengers to stop the spread of disease. Lastly, it must be shown that the cruise company’s breach of duty is what caused your injury. In the case of norovirus, the cruise company may allege that you already had the virus when you came aboard the ship. It could even claim that you picked it up on shore during one of the stops. However, in this case, it will be quite difficult for Celebrity and Royal Caribbean to argue that the 200 passengers were already sick before coming onto their ships.

February 26, 2015

GE to Pay $3.5 Million in Civil Penalties for Failure to Report Fire Hazards

by Whittel & Melton, LLC

According to the Consumer Product Safety Commission, General Electric has agreed to pay a $3.5 million civil penalty due to their failure to report an unreasonable risk of serious injury caused by defective ranges and dishwashers.

Reports show that the connector in the range’s wire harness can overheat and cause a fire, which could lead to serious burn injuries. In addition, various models of dishwashers were recalled because of similar fire hazards. The CPSC said the dishwashers could short circuit when condensation builds up on the control board.

Standard CPSC policy requires manufacturers, distributors and retailers to report any findings related to a potential safety hazard or defect to the CPSC immediately. Generally, all information regarding possible risks or dangers should be reported within 24 hours of obtaining the information.

GE and the CPSC announced the recall of 28,000 dual-fuel ranges in April of 2009. The ranges were sold across the United States from June 2002 through December 2005. By the time GE had recalled the product, 13 separate incidents had been reported regarding the harness and wiring overheating in the back of the range. Of these reported incidents, five resulted in a fire.

GE was apparently aware of this hazard dating all the way back to 2004. GE also failed to report the fire hazards that were found in Profile and Monogram Dishwashers that were sold between July 2003 and October 2010. GE recalled 174,000 units in 2010, but knew of several incidents reports dating back to 2007.

In addition to the payment of $3.5 million, GE has also agreed to a compliance program as part of the settlement. The compliance program will be set up to ensure that the Consumer Product Safety Act is being met as well as various protocols, including:

Proper procedures for recording, processing and reporting information regarding possible safety issues
Written standards and policies
Confidential employee reporting of compliance concerns to a senior manager
Senior management responsibility for, and general board oversight of compliance
Requirements for record retention