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A Florida two-year-old boy is reportedly in stable condition following a vicious dog attack in Port Orange Tuesday afternoon.

The boy and his parents were apparently visiting relatives when the boy was mauled on the porch of the home shortly before 4 p.m.

The boy was first taken to Halifax Health Medical Center in Daytona Beach and then transferred
to Florida Hospital Orlando.

According to Port Orange police, the dog, a pit bull mix, was seized by the Halifax Humane Society and is supposedly under quarantine.

According to the Centers for Disease Control and Prevention, 4.7 million Americans suffer from dog bite attacks each year. An estimated 800,000 of the total dog bites recorded cause serious injuries that require medical attention. Due to these facts, Florida statutes hold dog owners strictly liable for any injuries or damages their dog inflicts on others, regardless of the dog’s history of violence or prior biting episodes. The state of Florida recognizes that a dog’s behavior is always the responsibility of its owner. If a dog bites someone, the owner is potentially liable for the dog’s actions despite the dog’s breed. A dog’s owner cannot shirk liability by attempting to prove that he or she did not realize a dog would bite because the dog has never behaved that way before.

There are a few steps to follow if you or someone in your family has been attacked or bitten by a dog or any other type of animal. As always, the Florida Dog Bite Injury Attorneys encourage you to seek out the proper medical attention needed before taking any other steps.

• Always obtain a medical evaluation, even if you feel it is not needed.

• Get the contact information of the dog owner. This includes their name, phone number, address, etc. It is pertinent to find out the dog’s information as well, such as the dog’s age, what breed it is, if the dog has any diseases and if it is up to date with its vaccinations.

• Get the name and contact information for any witnesses.

• Report the injury to the police and request a copy of the incident report.

• Take photographs of the dog, area of attack and your injuries, if you can.

• Save any clothing that was damaged by the dog.

• Contact the Florida Dog Bite Injury Attorneys at Whittel & Melton right away.

• Do not accept any amount of settlement from a dog owner’s insurance company before speaking with an attorney.

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The National Transportation Safety Board released a 14-page report on Monday citing a pair of employee errors as the main causes of a July, 5, 2009 monorail accident that killed a 21-year-old resort employee at Walt Disney World in Orlando, Florida.

The federal investigation has taken nearly two-and-a-half years to conclude that employee errors in combination with Walt Disney World’s lack of standard operating procedures contributed to the tragedy that occurred when one train traveling in reverse smashed into another.

The accident supposedly happened around 2 a.m. when Disney’s monorail train was shutting down for the night. One train was supposed to be exiting the Epcot loop and onto the “switch beam,” which required the train to be operated in reverse. The track switch was allegedly never activated which caused the train to reverse down the Epcot line and slam into another train killing the driver.

NTSB is not the first agency to cite Disney for its role in the accident. The U.S. Occupational Safety and Health Administration cited Disney with four safety violations in its initial review of the accident that resulted in a $35,200 fine to the resort. NTSB estimated property damage at around $24 million.

NTSB and OSHA concluded that an employee in the monorail’s maintenance shop failed to position the switch beam properly. It was supposedly found that the manager was operating as the monorail system’s coordinator temporarily and was not in the system’s control tower when the track-switch procedure happened, so he could not identify the problem with the track.

Disney was faulted in three areas.

First, investigators found that Disney did not require employees to follow a monorail operating guide which shows drivers how to properly drive in reverse in a forward-facing position.

Second, NTSB found that Disney did not have a policy that required the monorail central coordinator to be stationed in the control tower to monitor train movements. This was found to be a major error on Disney’s part since the tower is equipped with a grid showing how the monorail beams are aligned and an emergency shutdown switch to stop all movement in case of an emergency.

Third, Disney apparently allowed employees in the monorail shop to use the video monitors to confirm that a train was not already on the beam before activating the switch, instead of using them to validate that the track had actually been readjusted following a command.

All three issues were supposedly referred to in a series of policy changes made by Disney management in an effort to improve operations.

According to the chief safety officer at Disney, monorail system operations were already enhanced before receipt of the actual NTSB brief, which apparently offers no additional suggestions than what has already been imposed.

Commuter rail and train accidents do happen in Florida, despite the ultimate lack of commuter transportation throughout the state. Monorails are mostly located in vacation resorts throughout the U.S., but can also be found in airports, amusements parks and even business districts. When an employee of a city, state or privately owned monorail system is injured or killed on the job, worker’s compensation benefits can kick in for the victim’s family. This can include wage loss payments and any medical expenses, but like most legal claims there is a time cap on when a claim can be filed. If you are the family member or dependent of an employee who was killed from injuries sustained throughout the course of employment, the knowledgeable Florida Worker’s Compensation Attorneys at Whittel & Melton can inform you about workers’ compensation death benefits that you and your family may be entitled to.

According to the Bureau of Labor Statistics, as of 2010, 4,547 fatal workplace injuries occurred across the United Stated, just faintly below the 4,551 fatalities that happened in 2009. At Whittel & Melton we recognize that a lawsuit cannot heal the loss of a loved one, but if the deceased was a wage earner and provider for the family, it is important to consider your future financial stability. Our attorneys can take on the burden of legal and financial matters so that you can focus on your family’s healing process. When a workplace accident caused the wrongful death of an employee, a spouse, child, parents or siblings may be entitled to benefits like monetary compensation. We may be able to help you recover compensation for:

• Medical and funeral expenses
• Loss of income and insurance or pension benefits
• Loss of companionship
• Punitive damages
Sometimes there are third party claims that factor into fatal workplace accidents. Third party claims involve a person or organization other than the injured party or his or her employer whose negligence may have contributed to an employee’s injuries or wrongful death. Third party claims can possibly provide more financial benefit to beneficiary dependents’ than what is typically available from workers’ compensation insurance.

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A 53-year-old Live Oak, Florida man was instantly killed after being hit by a car on Oct. 16 while pushing a golf cart along a Suwanee County road.

According to Florida Highway Patrol, the man was pushing a 1990 EZ-Go golf cart when he was hit from behind by a 1999 Toyota sedan.

The man was pronounced dead shortly after 5:30 p.m. by the Suwannee County Fire Rescue.

Charges are pending following further investigation into the accident, according to FHP.

Motorized golf carts are not just limited to the putting green. In fact, while many people drive their carts to and from the course, some communities in Florida have designated these carts as their preferred mode of transportation. With the amount of people trading in their cars for carts, statistics show a surge in injuries and fatalities. According to The American Journal of Preventive Medicine, golf cart injuries have risen a whopping 132 percent from 1990 to 2006. Close to 150,000 people, varying in age from 2 months to 96 years, suffered injuries related to a golf cart accidents throughout this period . In 2009, more than 1,600 golf cart accidents in Florida were reported. The Florida Golf Cart Accident Attorneys at Whittel & Melton handle a wide range of golf cart accidents including, automobile collisions, intersection smash-ups, passenger ejections, pedestrian accidents, cart rollovers and country club or golfing accidents.

Golf carts have become much more powerful and faster over the years and are widely used at sporting events, hospitals, airports, parks, college campuses, businesses and military bases. Golf carts can reach speeds of up to 25 miles per hour and can travel 40 miles on a single battery charge, making them a popular ride choice for many residents of retirement and gated communities. Typically, golf carts are not subject to federal regulations and in some areas a driver’s license is not required to operate one. Since many golf carts lack stability mechanisms and safety features like seat belts, common injuries from an accident can include catastrophic injuries such as head and brain trauma, broken bones, neck and back injuries, injuries to the face or sternum, road rash, serious lacerations and fractures. The Florida Golf Cart Accident Attorneys at Whittel & Melton work hard to ensure that you and your loved ones get properly diagnosed and treated for any injuries and recover damages for any lasting disability or wrongful death.

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A one-year-old girl was taken to Tampa General Hospital Tuesday afternoon to be checked for injuries after she was trampled over by a minivan.

The 22-month-old child was supposedly standing on the porch of a Tampa, Florida home when the driver, a 28-year-old woman, got into her Chrysler minivan around 2:30 p.m.

Shortly after entering her van, the woman allegedly backed away from her home without noticing the child had toddled behind the vehicle.

The girl had no visible injuries, but was taken to the hospital to be checked out. She was supposedly alert and crying.

Investigators have preliminarily ruled the incident as an accident, according to the St. Petersburg Times.

In most back-over accidents the victims tend to be the elderly and young children. According to KidsAndCars.org, in the United States at least 50 children a week are involved in a back-over accident, 48 are treated for injuries in an emergency room and at least two are fatally injured. The National Highway Traffic Safety Administration evaluates that 292 deaths occur from back-over accidents yearly. Children less than five years old make up more than a third of those lives lost. More than one in four of back-over fatalities include those over 69. These two groups comprise almost a third of back-over fatalities.

Back-over accidents can cause serious injuries and even wrongful death. According to a study conducted by the Centers for Disease Control the percentages of the most common injuries from back-over accidents include:

• Contusions and Abrasions – 56%
• Leg and Arm Injuries – 53.6%
• Head, Face and Neck Injuries – 28%
• Fractures and Internal Injuries in Children Under 4 – 39.5%
• Fractures and Internal Injuries in Ages 10-14 – 17.5%

Collisions like back-over accidents can be highly emotional for families since a wide percentage of victims are children, and in many cases the driver is a relative, family friend or neighbor. According to the Insurance Institute for Highway Safety, 86 percent of drivers that hit children in a driveway back-over accident are friends of the family or family members. The Florida Back-Over Accident & Injury Attorneys at Whittel & Melton know that back-over accidents can be traumatic for everyone involved. Our staff can offer you and your loved ones the compassion you need during troubled times as well as the comprehensive legal advice and persistent representation needed for a personal injury or wrongful death case in the state of Florida.

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A 41-year-old Georgia woman riding shotgun in a 1982 Chevrolet pickup was critically injured in a single-vehicle crash in Levy County near Morriston, Florida early Saturday after the driver supposedly fell asleep at the wheel.

The driver, a 44-year-old Ocala man was seriously injured in the crash.

According to the Florida Highway Patrol, the pickup crossed southbound through traffic lanes, entered the grass shoulder, struck a concrete culvert and went airborne for approximately 64 feet before landing on its wheels.

The driver allegedly told troopers he dozed off before he lost control of the vehicle.

Neither party was wearing a seat belt, according to the crash report. They were both transported to Shands at the University of Florida in Gainesville.

FHP is further investigating the crash.

According to an AAA Foundation Study conducted in 2010, 41 percent of the population surveyed admitted to falling asleep behind the wheel at some point when operating a motor vehicle. This study was based on the results of a nationwide telephone survey of 2,000 drivers and the National Highway Transportation Safety Administration’s car accident facts over the past 10 years. Based on this information, the AAA Foundation found that a drowsy driver was the culprit of one out of every six fatal crashes and one out of eight collisions that result in serious injuries.

Driver fatigue can be caused by numerous factors other than not getting enough sleep at night, including:

• Prescription and over the counter medications with drowsiness as a side effect
• Consuming alcohol
• Sleep Disorders that are undiagnosed or untreated
• Driving Overnight
• Driving long distances without stopping for a rest

It is important to note that there are no measurable standards set in place to determine driver fatigue. The experienced Florida Car Accident & Injury Attorneys at Whittel & Melton can help gather evidence related to your accident to build a compelling case on your behalf. Depending on the facts related to your accident and injuries, you may be awarded compensation for medical bills, lost income and pain and suffering.

Drowsy driving is reckless driving and completely preventable. Sleep is a biological necessity for every human being and the ONLY cure for driver fatigue. The NHTSA estimates nearly 100,000 accidents each year are caused by fatigued drivers, resulting in approximately 1,550 fatalities, at least 40,000 injuries and an astounding $72.5 billion in financial losses. Drowsy driving accidents can have severe consequences for their victims, including disability and disfigurement, chronic pain, mental anguish, staggering medical bills and even wrongful death.

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An 18-year-old University of Florida freshman baseball player was injured Sept. 27 after his scooter struck a car on the Alachua County campus.

The student was ejected from his scooter after colliding with a BMW 525i. Both motorists were supposedly attempting to make a left-hand turn when the man’s scooter hit the back of the woman’s car shortly before 7:30 p.m.

The driver of the BMW was cited by the University Police Department for failure to yield to a driver turning left.

The man’s head was bleeding while awaiting emergency responders. Responders from Alachua County Fire & Rescue wrapped his head with bandages before placing him on a stretcher and transporting him to the hospital.

A Florida spokesman said the student athlete was held overnight at Shands Hospital for observation. He was supposedly released the next morning, but no further update could be provided regarding his health.

Scooter and motorcycle accidents can often result in serious personal injuries and even wrongful death. There tends to be a larger risk of serious brain and back injuries to scooter and motorcycle riders because of the lack of protection these vehicles offer. Other common injuries include head injuries, spinal cord injuries, neck injuries, broken bones, paralysis and severe burns.

If you were injured while on a scooter or motorcycle because of another person’s negligence you may be able to seek compensation for pain, suffering and medical costs. Sometimes knowing the proper steps to take following a scooter accident can make filing your claim easier. Here are a few helpful tips if you find yourself involved in a collision:

Get Insurance Information: Make sure you ask any parties involved for their names, phone numbers, addresses and insurance information for later use. If there are any witnesses to the accident, it can be beneficial to get their personal information as well. If needed, witness testimony can often strengthen your case.

Take Photos: Many of today’s cell phones have camera features, so try and snap some visual evidence of the accident scene. Taking pictures of your damaged scooter or motorcycle is also a good idea.

Do Not Get Rid of Your Scooter: Keeping your damaged scooter can serve as evidence during negotiations or trial for your accident claim. No matter how damaged, your scooter should be preserved if possible. Accident reconstructionists can often use your scuffed up scooter as a starting point for recreating the collision scene.

Keep Quiet: You should try and only give statements regarding your accident to your motorcycle or scooter accident attorney. Speaking with investigators, insurance companies or newspapers can be detrimental to your case because words can get twisted and be used against you in court.

Scooter and motorcycle accidents are unfortunately a common occurrence on busy Florida streets. Many drivers of large cars and trucks are guilty of distracted driving and can fail to observe vehicles like scooters or motorcycles on the roadways. Because the weight of a motorcycle or scooter is significantly less than a car or truck, scooter and motorcycle drivers typically sustain catastrophic injuries from wrecks.

The experienced attorneys at Whittel & Melton understand how devastating scooter and motorcycle injuries can be. We can evaluate property damage and consult with any possible witnesses to identify all potential liable parties. Contact our firm today for a completely confidential and free consultation.

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A 46-year-old Hudson, Florida man has been charged in a December accident that killed a woman and left a man with serious brain injuries.

The driver was allegedly intoxicated when he crashed his 2004 Lincoln sedan into a moped around 9:30 p.m. on Dec. 15. According to Tampabay.com, the impact of the collision instantly killed the passenger on the moped, a 27-year-old female from New Port Richey.

The 24-year-old driver of the moped was reported seriously injured according to Florida Highway Patrol and has had several brain surgeries since the crash.

The man responsible for the crash supposedly had a blood alcohol level of 0.095. He faces charges of DUI manslaughter, DUI with serious bodily injury and DUI with property damage. His bail was set at $16,000.

If you or a family member has suffered a traumatic brain injury caused by a DUI accident, you could be eligible to recover compensation for the brain or head injuries sustained. The Traumatic Brain Injury Lawyers at Whittel & Melton can help you and your loved ones obtain financial compensation for medical expenses, loss of benefits, lost wages, mental anguish, physical pain, medical equipment and rehabilitation fees.

The most common cause of a traumatic brain injury, or TBI, is an extreme blow or force delivered to the head. The National Institute for Health’s research shows that car accidents, which includes DUI-related collisions are responsible for around half of all TBIs in the U.S. annually. TBIs can take years for a victim to recover from, if there is a possibility for full recovery, and can affect a person’s speech, memory, mobility, concentration, personality, behavior and obviously capacity to earn a living.

TBIs can present themselves in a variety of ways, and it is important to note that you and the ones you care for have rights despite whether injuries can be seen. Brain damage is permanent and can have a wide range of physical, emotional and cognitive symptoms that can often be misunderstood. It is not uncommon for mild TBIs to be overlooked because it can take time for a victim of an accident to start showing signs of injury. Even the slightest brain injuries can have a lasting impact on the way a person lives his or her life. Warning signs associated with a TBI can include nausea, confusion, seizures, depression, personality changes, irritability and other types of behavioral and emotional problems. A TBI can range in seriousness from a mild concussion to permanent physical, mental and emotional impairments, coma, seizure disorders, paralysis and even wrongful death.

The Florida Brain and Head Injury Lawyers at Whittel & Melton recognize that brain trauma, like TBIs related to DUI wrecks, can create continuing aftereffects. Our staff and attorneys are well experienced working with experts in the fields of neuroanatomy, medicine and rehabilitation planning.

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A 54-year-old Tampa, Florida man is accused of partaking in some angry and aggressive driving after work on Monday afternoon.

According to reports, the man decided to take matters into his own hands because he was upset about “getting run off the road.”
According to WTSP.com, the man rammed a marked Tampa Airport Police cruiser before leading additional officers trailing him on a 3 and half mile chase in his 2007 Ford Mustang. Police reports allege the man hit at least five other motorists intentionally along the way.

When the man finally stopped his car, he supposedly climbed on top of his Mustang and began jumping from car to car, and then attempted to direct traffic.

Streams of phone calls were made by victims and witnesses to 911.

Tampa Police finally caught the man around 7:30 p.m. He allegedly stabbed an officer with his car keys before he was taken down.

The man was charged with two counts of aggravated battery on a law enforcement officer, obstructing an officer with violence and 16 counts aggravated battery with a deadly weapon for each time he slammed his car into someone else’s vehicle.

It was not reported whether anyone was seriously injured during the incident.

The man was taken to Falkenburg Road Jail with bail set at $142,500.

Road rage can result in more than just property damage and personal injury. It can lead to all kinds of problematic situations, and even end with criminal implications. While the man in this case was arrested on criminal charges, any victims suffering injuries from his intentional aggression on the road have the option of further pursuing their injury claim in civil court to recover punitive damages. Punitive damages can be sought as a means to punish the wrongdoer when his or her actions demonstrate a willful wrongdoing despite possible penalties.

Unfortunately, road rage is an all too common problem throughout the United States. Many drivers take out their stress, anxiety and anger on other drivers without realizing the danger they pose to other motorists. In a study conducted by the AAA Foundation for Traffic Safety, it was found that more than 1,500 people are injured or killed every year as a result of road rage or aggressive driving. Dangerous driving is indeed a form of negligent or reckless behavior, which is unacceptable under any circumstances. Those who are careless of others safety on the roadways must be held accountable. If you have suffered injuries due to an accident involving road rage, you can count on the Florida Car Accident & Injury Lawyers at Whittel & Melton to be on your side and fight for what you rightfully deserve.

Road rage accidents can often take drivers by surprise, but there are ways to tell if road rage played a part in your wreck. Noticeable signs of aggressive driving include obscene gestures, flashing headlights, deliberate destruction of other cars and verbal or physical abuse. If you noticed any of these signs in your accident, or if evidence points to aggressive driving, you may have grounds for a personal injury claim.

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The family of a double-amputee veteran who died after being ejected from a roller coaster at the Darien Lake amusement park filed a wrongful death lawsuit on Friday against two companies associated with the park.

The 29-year-old resident of Gowanda, New York was allowed to board a 208-foot-high roller coaster on July 8 despite having no legs. The man was positioned in the front car of the roller coaster when it plummeted down the final hill of ride and flung him out.

According to the family’s attorney, the employees at the theme park violated the safety rules when they allowed the double amputee to ride the roller coaster.

The Buffalo News is reporting two weeks after the accident, the state Labor Department investigators named “operator error” as a cause of the man’s death. The amusement park was cited with two violations by Labor Department officials who said ride operators were not properly trained on safety requirements for the coaster.

The general manager of the theme park supposedly said the park is working on strengthening training operations, performing more safety audits and increasing park awareness on “disability ridership.”
No civil or criminal penalties were placed against the park and the roller coaster was able to reopen on July 22.

Each year, roughly 300 million people enter the gates of different theme parks throughout the United States. The state of Florida is home to many amusement and water parks that have become yearly destinations for families, schools and social organizations. While these parks offer thrills and excitement, accidents are inevitable; however, some tragic mishaps can be entirely preventable. Theme parks are required by law to maintain routine safety inspections and employees that are properly trained to operate rides and roller coasters. Guest safety should without a doubt be a parks number one priority, but unfortunately this is not always the case.

The Orlando and Tampa Florida Amusement & Theme Park Accident Attorneys at Whittel & Melton are devoted to helping you and your family recover from losing a loved one in a horrible accident that could have been avoided if proper protocol was followed. The Consumer Product Safety Commission has reported that in the last five years emergency room visits related to amusement park rides rose almost 87 percent. The investigation into these injuries found that several factors were to blame for injuries sustained including consumer behavior, mechanical failure, design limitations, defective products and operator behavior. While injuries from amusement park rides can cause minor to severe injuries and even wrongful death, there is no question that those injured and their families suffer pain and loss.

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Universal Orlando has supposedly stopped simultaneously launching a pair of intertwined roller coasters that make up the ride “Dragon Challenge,” formerly known as “Dueling Dragons,” at Universal’s Islands of Adventure. The theme park took action following two recent accidents within two weeks of one another where guests were struck by loose objects.

The two coasters, at least for the time being, no longer pass within feet of each other as they continue on their path, which was a trademark of the attraction.

The suspension erupted after two separate accidents occurred where guests were struck by unidentified objects while riding the coasters. One person reportedly lost his right eye.

The Orlando Sentinel is reporting that the first accident happened July 31 when a 52-year-old man was struck in his right eye by an object while riding in one of the coaster train’s front seat. The man apparently lost all vision in his eye and was forced to have it permanently removed.

The second incident involved a 19-year-old who was hit by something on his face, arm and foot while riding Dragon Challenge.

A spokesman for Universal said the investigation is ongoing, but does not think that the ride itself played a part in the accidents.

Dragon Challenge has been in operation since Islands of Adventure opened in 1999. It became incorporated into Universal’s Wizarding World of Harry Potter in June 2010.

Universal said that the ride has a high safety track record, with more than 50 million people enjoying the ride without incident since its debut.

The spokesman went on to say that Universal is taking the matter very seriously and places a strong emphasis on safety.

Each year, roughly 300 million people enter the gates of various theme parks throughout the United States. Florida is no stranger to numerous visitors throughout the year, with it being the home to many popular amusement and water parks. While these parks offer thrills and excitement, unfortunate accidents can happen. While certain calamities are inevitable, some tragic mishaps can be avoided entirely.

The Consumer Product Safety Commission has reported that in the last five years emergency room visits related to amusement park rides rose almost 87 percent. The investigation into these injuries found that several factors were to blame for injuries sustained including consumer behavior, mechanical failure, design limitations, defective products and operator behavior. Despite the causes of a theme park injury, whether minor or severe, it is critical to speak with a Florida Amusement Park Injury Attorney as soon as possible because your legal claim should be filed in a timely manner.

The Florida Personal Injury & Wrongful Death Attorneys at Whittel & Melton work with private safety experts and investigators to uncover the precise cause of your fair, carnival, water or theme park accident. We can help you and your family recover damages for medical expenses, mental anguish, lost wages and pain and suffering. Accidents that arise from amusement park rides and water parks can involve liability issues stemming from three different areas of personal injury law – general tort law, products liability, and premises liability. At Whittel & Melton, LLC, we are more than familiar with the analytical procedures, techniques and concepts of law necessary in order to productively prosecute an amusement or water park injury claim.

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