Florida Personal Injury Lawyers Blog

September 24, 2013

Florida Negligent Security Attorney :: Ravens’ Jacoby Jones Injured in Party Bus Brawl

by Whittel & Melton, LLC

Baltimore Ravens wide receiver Jacoby Jones suffered a head injury early Monday morning after he was apparently struck over the head with a champagne bottle by a stripper named Sweet Pea on a party bus.

According to TMZ.com, Jones was partying on the bus in D.C. celebrating Bryant McKinnie’s 34th birthday when the alleged stripper hit him over the head with a “gigantic Ace of Spades bottle.”

After Jones was struck by the bottle, and ambulance was apparently called for “a bleeding male.”

Sources from TMZ say that people were leaving a club at 3 a.m. when the party bus brawl began.

TMZ reported that Jones, the former Dancing with the Stars contestant, was “bleeding everywhere.”

Several other Ravens teammates were out celebrating McKinnie’s birthday. The Ravens were coming off of a 30-9 win over Houston on Sunday.

It is unclear why Sweat Pea struck Jones over the head with the bottle. It is also unknown how large the bottle was that hit Jones. However, Ace of Spades bottles come in eight sizes, ranging from 750 milliliters to 30 liters.

According to TMZ, one of Jones’ friends apparently tried to retaliate against the stripper, but McKinnie stepped in to stop the fight. However, an alleged altercation then broke out between McKinnie and Jones’ friend.

Authorities responded to the scene, but no one was arrested.

Business and property owners in Florida have a duty to warn all patrons and visitors to their property of any dangerous conditions. This includes taking necessary action to prevent any injuries from occurring on their property. In areas that are highly susceptible to crime, such as night clubs, parking lots, parking garages, strip clubs, college campuses, hotels, apartment buildings and even party buses, business or property owners have a duty to provide sufficient security. However, many business and property owners fail to take such precautions simply because of the high cost associated with adequate security measures. Too often, this failure leads to serious injury or wrongful death.

September 19, 2013

Florida Auto Accident Injury Attorney :: National Child Passenger Safety Week – Make Sure Your Child is Buckled Up Properly

by Whittel & Melton, LLC

This week is National Child Passenger Safety Week, which serves as a reminder to us all just how important it is to make sure our children are secured properly in their car or booster seats. Failing to do so could be the difference between life and death if your child is involved in an unfortunate auto accident.

According to the National Highway Traffic Safety Administration, car accidents are the leading cause of death in children between the ages of 1 and 13. In 2011, 655 children were killed in auto accidents across the United States. Of the children killed, one out of every three was not wearing a seat belt.

When a child does not wear a seat belt and becomes involved in a collision, they are at an increased risk of being ejected from the vehicle, which commonly leads to serious personal injuries or death. According to the Centers for Disease Control and Prevention, wearing a seat belt reduces an infant’s chance of being harmed in an accident by 72 percent and a toddler’s chance of suffering fatal injuries in a crash by 54 percent.

Recent studies have found that three out of every four car seats are improperly installed. Incorrectly installed car seats could lead to brain and spinal cord injuries in children should a collision occur. To avoid a tragedy, adults must ensure that babies under the age of 1 and fewer than 20 pounds are in a rear-facing safety seat. Once a child is over 1-years-old and weighs more than 20 pounds, they can be placed in a front-facing seat with an internal harness. Once a child is over 30 pounds, they can be placed in a booster seat, however it is strongly recommended to keep children in a front-facing seat until they are 40 pounds in weight.

In Florida, children between the ages of 6 and 12 must remain in the rear seat of the vehicle and use a seat belt at all times. Children 13-years-old and above can ride in the front or back seat. Just like adults, the law requires that they wear seat belts.

September is a great month for parents and child caregiver’s to have their child’s passenger safety seat inspected for no cost. Child Passenger Safety Week is Sept. 15 – 21. Sept. 21 is National Seat Check Saturday. You can visit the NHTSA’s website to find a child seat inspection station near you.

September 10, 2013

Florida Amusement Park Injury Lawyer :: Girl Airlifted to Hospital after Fall at Disney World Hotel

by Whittel & Melton, LLC

Florida is home to some of the most popular theme parks in the United States. The Orlando area alone has more than 95 amusement parks, attractions and other interesting features that draw in millions of tourists each year. Disney World is quite a popular destination for many residents and travelers as this theme park has many appeals, including Magic Kingdom, Epcot, Hollywood Studios and the ever-popular Animal Kingdom.

While many people associate amusement park injuries with a roller coaster accident or other type of ride mishap, most theme park injuries arise from slip and fall accidents that are usually the result of park negligence. Such was the case for a young girl injured last week at Disney’s Animal Kingdom.

A 6-year-old child suffered serious injuries Sept. 2 after falling from a third-story balcony at Disney World’s Animal Kingdom Villas, according to authorities.

The Orange County Sheriff’s Office reported that the girl fell from her family’s room.

The girl’s father was apparently taking a shower when he heard the girl’s mother scream. The man quickly ran down the stairs and jumped over a wall to retrieve his daughter.

The child was airlifted to a nearby hospital, where reports indicate she is currently in stable condition.

The Animal Kingdom Villas are surrounded by a preserve filled with free-roaming animals and birds, but officials at the park told authorities the animals do not have access to the area where the girl fell.

Authorities believe the fall to be accidental, but are still investigating the incident.

September 4, 2013

Florida Injury Lawyer :: Miami Man Killed in Key Largo Boating Mishap

by Whittel & Melton, LLC

A 43-year-old Miami man was killed Saturday while boating in Key Largo with his girlfriend.

Autopsy reports are pending at this time.

The girlfriend claims the man jumped into the water to cool off, but the current began sweeping him away. He apparently grabbed onto a fishing line they had in the water, but it broke. She tried to throw the man a life preserver, but the man was too far away to reach it.

The girlfriend told authorities this was her first time on a boat and she did not know how to operate it.

The Fish and Wildlife Conservation Commission responded to the accident site and located the man’s body.

Boating is practically a state sport in Florida. Numerous people own boats and enjoy cruising the waterways for recreational or fishing purposes on the weekend or while on vacation. However, a day on the water can turn tragic in just seconds when someone on the boat is careless or negligent in their actions. If you or someone you care for has been injured or killed in a boating accident, you may be entitled to recover damages for your losses.

The main causes of boating accidents can be attributed to the following acts of negligence:

• No Proper Lookout
• Excessive Speed
• Operator Carelessness
• General Inattentiveness
If you or a loved one has been the victim of a boating accident in West Palm Beach, Miami or the surrounding areas, consult with a Palm Beach County Boating Accident Injury Attorney at Whittel & Melton today. Our Florida Injury Lawyers have extensive experience handling all types of boating accident cases, from cruise ship injuries to fishing boat fatalities. We thoroughly investigate all boating accident cases to uncover the possible causes of your accident so that you receive full and fair compensation for any pain and suffering the boating accident has caused you and your family.

August 16, 2013

New York Injury Lawyer :: Staten Island Judge Dismisses Teen’s $1M Judo Injury Lawsuit

by Whittel & Melton, LLC

A State Island justice recently threw out the million-dollar lawsuit of a young judo student, whose ankle was broken three years ago while he was trying to block an adult student’s takedown maneuver at a martial arts academy.

A State Supreme Court Justice ruled that participants, even as young as 11, the age the teen was when he was injured, assume the risk of being hurt when they engage in contact sports.

The teen and his father challenged the school was negligent by having him practice with an adult student, who was older and weighed more than the then 11-year-old.

According to court documents, the now 14-year-old had trained in the martial arts since he was 5 years old.

The incident occurred on Aug. 19, 2010.

The teen, then 11, was training with a second-degree black belt in judo, according court papers.

At that point, an older student was paired up with the boy to train with him.

The older student attempted a foot sweep to the side of the younger boys’ foot. When the boy tried to block it he suffered an ankle fracture from the contact.

The foot sweep is a regular judo technique.

The teen and his father alleged the school had mismatched him with the adult student and had not properly supervised the training session.

The teen’s father, who filed the lawsuit on his son’s behalf, sought at least $1.25 million in damages.

Court records show that the academy submitted an affidavit from a judo expert who said pairing an adult student with a minor student is a common practice during judo drills. The expert went on to say that there is no standard practice requiring participants in judo drills to be paired based on height, weight, age or experience.

The judge ruled that the academy was not negligent in pairing the adult and minor together to train because the injury occurred during the normal course of training.

The judge in this case dismissed the teen’s case because even though the boy was 11 at the time he suffered the injury, he still assumed the risk of his injury, therefore no act of negligence occurred. Under the legal theory of negligence, an injured party can hold someone liable for their suffering if certain elements exist, including a duty to the injured party, if that duty is breached and if damages occur as a result of the breach of duty. In this particular case, the teen’s father claimed the academy had a duty to his son because he was a student, and they breached that duty when they allowed him to be paired with an older, bigger student. The lawsuit alleged that the academy was responsible for causing the boy’s injury because they paired the smaller boy with the physically larger one, resulting in his broken ankle.

August 15, 2013

Florida Amusement Park Injury Attorney :: Texas Woman Killed Riding Coaster at Six Flags

by Whittel & Melton, LLC

A woman died last month after falling from a 14-story roller coaster at the Six Flags Over Texas amusement park in Arlington.

The woman was riding the Texas Giant roller coaster ride at the park when the accident occurred, according to reports.

When the Texas Giant ride opened in 1990 it was listed as the tallest wooden roller coaster in the world.

According to Six Flags, in 2010 the wooden tracks were replaced with steel, but the original wooden support structure was kept and the lift hill was elevated 10 feet.

Police in Arlington claim there was no evidence that the death of the woman resulted from criminal intent.

A Six Flags spokeswoman said the company was investigating the incident. “We are committed to determining the cause of this tragic accident and will utilize every resource throughout this process,” the spokeswoman for the amusement park said.

In a separate incident last month at an amusement park in Sandusky, Ohio, seven people were injured when a boat ride they were on fell backwards on a lift.

Six of the riders were treated at The Cedar Point amusement park by emergency responders and released. One passenger was taken to a hospital with injuries and later released.

The Ohio Department of Agriculture, which regulates amusement rides, is conducting an investigation into the incident. The ride will remain closed until further inspection is complete.

While theme parks are the perfect place to go for some fun and excitement on a hot summer day, they are also the ideal places for unexpected injuries such as slips, trips, falls and even drowning. Millions of people travel to amusement parks all over the United States every year and ride roller coasters and other rides without incidents. However, thousands are injured each year while visiting a theme park, and worse, many visitors are killed.

Sadly, roller coaster accidents can lead to very serious injuries and even death, as this case shows. If someone dies while riding a roller coaster in Florida, surviving family members may sue for wrongful death under the following legal theories:

• Design Defect: If the manufacturer or designer of the coaster failed to construct a safe ride, they can be held liable for damages.

• Negligent Operation: If the theme park where the accident took place failed to uphold the proper standard of care when operating the ride, the park can be held responsible for your losses.

• Improper Care or Maintenance: Under this theory, the park can also be held responsible for the accident if employees were not trained properly to operate the rides or if staffers failed to maintain the ride, ultimately causing it to malfunction.

August 7, 2013

Florida Injury Lawyer :: Pedestrian Killed by Train in Osceola County

by Whittel & Melton, LLC

According to the Osceola County Sheriff’s Office, one person is dead after being struck by a train Tuesday.

The driver of an Amtrak travelling northbound saw the person lying on the tracks, blew the whistle and tried to stop but could not avoid the collision, according to an Osceola County Sheriff’s spokeswoman.

The victim is believed to have been a man — possibly a transit, according to police. He was struck around 7:15 p.m.

No foul play is suspected at this time, but an investigation is currently underway. It is unknown whether or not he lay on the tracks intentionally.

The crash happened at Tallahassee Boulevard in rural Intercession City, west of Kissimmee.

Nearly 100 passengers were delayed for almost three hours while police investigated the scene of the accident.

No one on the train was harmed.

Railroad accidents can be terrible tragedies that leave victims severely injured. Due to the sheer size of trains and their lack of ability to maneuver around unexpected circumstances, railroad accidents can be deadly. Losing a loved one in a train accident can be a horrific nightmare and as a surviving family member you may be unsure of what steps you should take next.

There are nearly 3,000 train accidents that take place across the United States every year that result in about 1,000 deaths. Due to the massive size of locomotives and their weight, even minor accidents can deliver catastrophic injuries. Filing a personal injury lawsuit or wrongful death suit can be quite complicated as these cases usually involve multiple parties and are subject to different laws and statutes of limitations than other types of injury lawsuits.

August 1, 2013

Florida Injury Lawyer :: 9 Injured in Tavares Gas Plant Propane Explosions

by Whittel & Melton, LLC

At least nine employees of the Blue Rhino gas plant in Tavares were injured late Monday night in a series of propane explosions.

At this time, no fatalities have been reported.

There were nearly 53,000 propane tanks where the blasts took place. Residents of the area say the explosions were visible from 10 miles away and continued for at least 30 minutes.

According to Tavares fire officials and federal authorities, the explosions at the Lake County propane depot are believed to have been set off by equipment failure and human error.

Investigators had to call of their probe Tuesday due to the risk posed by a large, leaking storage tank at the plant.

The Occupational Safety and Health Administration have also opened an investigation into this incident.

According to state records, the plant passed inspections by the Florida Department of Agriculture and Consumer Services in March and as recently as July 19 with no violations.

Firefighters, police and paramedics reported nine injuries Tuesday, eight of whom were workers. Five of the injured employees were listed in critical condition Tuesday.

Gas explosions are generally caused from some sort of negligence on the part of an individual or company. A propane explosion occurs from a gas leak of some kind in combination with an ignition spark. Gas tanks, pipelines and valves are supposed to be leak-proof, so when a leak does occur that results in an explosion, more often than not negligence is to blame. Any number of negligent acts could cause the leak, or even the spark. Poor design, flaws in the manufacturing process or improper installation, inspection, maintenance or repair could all lead to an accidental explosion.

Unfortunately, when a blast occurs, often those within the space or near the site suffer serious injuries. These injuries can be permanent and life-changing, and even result in death. Propane explosion injuries often include:

• Broken Bones
• Burn Injuries
• Lacerations
• Disfigurement
• Amputation
• Traumatic Brain Injuries
• Spinal Cord Trauma
• Catastrophic Injuries

July 12, 2013

NYC Subway Accident Attorney :: Two Men Electrocuted Near Broadway G Train Stop

by Whittel & Melton, LLC

A 30-year-old man was killed after being electrocuted Monday morning while walking on the tracks near the Broadway G train stop. Another man, 26, was shocked and sustained serious injuries.

The deceased and his friend were walking north on the southbound side of the subway, near Union Avenue, when the man apparently stopped to urinate and accidentally came into contact with the third rail, according to the FDNY and NYPD.

The man’s friend tried to help him, but sustained an electric shock as well.

According to officials, both were taken to Woodhull Hospital, where the 30-year-old died of cardiac arrest.

A spokeswoman for the FDNY said the second man was listed in serious but stable condition.

It is unknown at this time as to whether the Metropolitan Transportation Authority, which runs the subway system, was negligent in any way. The MTA is a common carrier and must deliver a certain standard of care to its passengers. If this man’s death could have been prevented by the MTA taking reasonable precautions, a wrongful death lawsuit could arise. It will certainly be interesting to see how this case plays out.

Nearly four million New Yorkers use the subway everyday as their main mode of transportation. With that said, each day, numerous subway riders are injured on public transportation, mostly due to improperly maintained subways. A recent study conducted by the Federal Railroad Administration showed that on average, 3,000 train-related accidents occur every year that result in around 1,000 deaths and other catastrophic injuries.

The Metropolitan Transit Authority maintains the New York City subway system. Should subway riders in New York become injured, the MTA could legally be held responsible for any injuries suffered to its subway riders. If you or someone you love has suffered an injury on a train or subway in New York, you may be eligible to obtain financial compensation for your medical bills, lost wages and even pain and suffering.

July 9, 2013

Florida Motorcycle Accident Attorney :: Number of Florida Motorcycle Deaths Continues to Climb

by Whittel & Melton, LLC

The number of people killed in motorcycle crashes throughout the state of Florida and nationwide is on the rise.

While the number of motorcycle fatalities nationwide dropped to about 4,200 in 2009, the number of deadly crashes in 2011 increased to just less than 5,000.

Preliminary data shows that nearly 4,000 motorcyclists across the country died between
January and September 2012.

Florida ranks third in the nation with 287 deadly motorcycle crashes in the first nine months of 2012. Texas steals the top spot with 358 people killed and California takes second with 318.

Although the numbers throughout Florida show an increase in motorcycle deaths, in Tampa, the extreme jump in numbers this year is especially disturbing.

This time last year, Tampa saw three motorcycle fatalities. This year, 13 deaths have already been reported.

Tampa police claim the increase can be blamed on several factors – impaired drivers, inexperienced bikers and motorists speeding or driving recklessly.

In response to what appears to be a concerning problem, Tampa police are cracking down with zero tolerance for speeding, reckless driving and other violations.

Florida is a wonderful place to ride a motorcycle because the weather here is usually quite pleasant all year round. However, because of our tropical temperatures, this usually means there are a larger number of bikers sharing the roadways which ultimately leads to a higher instance of motorcycle accidents. When you have been involved in an accident while riding your motorcycle, you will need a Florida Motorcycle Accident Attorney to help you handle your case. Motorcyclists involved in accidents are at risk of sustaining very serious injuries, such as traumatic brain injury, spinal cord trauma and death. By working with a Florida Motorcycle Accident Lawyer at Whittel & Melton, you can rest assured that we will aggressively fight to recover compensation for your medical costs, rehabilitation and all other expenses that accrue as a result of the at-fault party’s negligence.