Florida Personal Injury Lawyers Blog

August 25, 2011

Orlando, FL Amusement Park Injury & Wrongful Death Attorneys Whittel & Melton :: Universal Modifies Harry Potter-Themed Roller Coasters After Two People Suffer Injuries

by Whittel & Melton, LLC

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.

July 26, 2011

The Villages, FL Golf Cart Accident Attorney :: Whittel & Melton :: Man Killed in Golf Cart Collision with Jeep

by Whittel & Melton, LLC

Within the last five years, nearly 10 residents at The Villages in Sumter County, FL have been killed in golf cart-related accidents. Injuries caused by golf cart and other recreational vehicle accidents can include amputations, fractures, traumatic brain injury, spinal cord paralysis and death.

A resident of The Villages died last month from injuries sustained in a golf cart accident after it collided head-on with a Jeep Wrangler.

According to reports, the man’s wife was driving the cart around 9 p.m. on June 16 when the golf cart entered a traffic circle going the wrong way and smashed into the Jeep. The man and the woman were ejected from the cart and sent to area hospitals for their injuries.

The man reportedly died around noon on June 19. His wife was listed as in stable condition at the Orlando Regional Medical Center.

Many Florida tourists and residents take advantage of summer weather by sporting the streets in recreational vehicles, like golf carts. Golf cart fatalities and injuries are becoming more and more common in residential neighborhoods and retirement communities throughout the state of Florida. In 2009, more than 1,600 golf cart accidents in Florida were reported. Many golf cart fatalities occur from disobeying traffic laws or operating the cart in a reckless manner. The Florida Golf Cart Accident Attorneys at Whittel & Melton handle a wide range of golf cart accidents including, automobile collisions, intersection smash-ups, drunk driving catastrophes, rollovers and country club or golfing accidents.

With more than 55 retirement communities located in Florida, roadways and congested areas are being traveled by retirees on golf carts to get from the golf course, neighbors homes, community events and for any other routine driving purposes. Golf carts used as primary modes of transportation share the streets and roadways with larger and faster-paced vehicles, which can put drivers and passengers at a greater risk for accidents.

It is important to remember that in the hours and even days following your accident, do not give a recorded statement to the insurance company. Despite their friendly demeanor, insurance adjusters will do anything to avoid paying the costs associated with your accident. Prior to making any statements, call Whittel & Melton for a confidential consultation toll free at 1-866-608-5LAW (5529).

July 21, 2011

Citrus County, FL Personal Injury Attorneys Whittel & Melton :: Woman Killed in Crystal River ATV Crash

by Whittel & Melton, LLC

A 20-year-old Inverness, FL woman was killed in an all-terrain-vehicle accident Friday afternoon in Crystal River after the driver allegedly lost control of the vehicle, causing it to flip.

According to the Florida Highway Patrol, the woman’s 22-year-old boyfriend was driving the 2010 Polaris ATV around 4 p.m. in a field when the vehicle rotated, overturned onto its right side and then came to a halt against a fence.

The man and the woman were both ejected from the vehicle. The man suffered minor injuries.

An investigation into the crash is still underway.

According to the Consumer Product Safety Commission’s 2009 Annual Report of ATV-Related Deaths and Injuries, between the years of 1982 and 2009 there have been a total of 10,281 ATV-related deaths in the United States. The number of fatality reports increased 648 since the last annual report prepared by the CPSC in 2008. In the state of Florida, there were 361 ATV-related deaths from 1982-2006 and 86 reported deaths from 2007-2009; totaling 447 reported fatalities or 29 percent of all U.S. ATV-related deaths from 1982-2006.

ATVs are powerful vehicles with the potential for disaster and should never be treated as toys. These vehicles can travel at excess speeds of 60 miles per hour and can weigh more than 700 pounds. ATVs can easily tip or roll over and because the vehicle is usually operated in off-road conditions proper training is essential.

Any person found responsible for an ATV accident can be held liable for injuries and damages suffered by the victim of the collision. In the event of a wrongful death, the victim’s family may be entitled to compensation for pain and suffering, medical bills, loss of companionship, mental distress, lost wages and loss of earning potential. To receive fair compensation a rigid investigation needs to take place immediately so all evidence can be preserved, medical information can be obtained and any involved insurance parties can be notified to begin their examination.

July 13, 2011

The Villages, FL Golf Cart Injury Attorneys Whittel & Melton Warn all Golf-Cart Owners —Study Finds Golf-Cart Head Injuries are On the Rise

by Whittel & Melton, LLC

A new study by doctors at the Georgia Health Sciences University has shown that golf cart injuries are a leading cause of serious head trauma across the country. The study was published in June and identified a total of 68 patients treated for golf cart-related injuries from 2000 to 2009 at GHSU, a level 1 trauma center.

While the study only focused on trauma center patients, more than two-thirds suffered severe head injuries associated with loss of consciousness, hemorrhage or skull fracture. Nearly 60 percent of the trauma patients treated were children around the age of 9. In 59 percent of the injuries treated among victims over the age of 16, alcohol was found to be a factor. Around 38 percent of the victims suffered injuries from being ejected from the golf cart, with roll-over accidents causing around the same number of tragedies. The last 16 injuries were sustained in collisions with motorcycles and stationary objects.

The study noted that with the use of golf carts and buggies of low speeds in many retirement communities, like The Villages, most drivers are passengers are failing to wear helmets and protective gear that could keep them safe from injuries. Golf carts are usually not equipped with doors and lack certain safety features like seat belts, mirrors and lights. The fact is that golf carts are one of the less stable modes of transportation and unexpected rollovers and ejections are very likely to happen. Being ejected from a golf cart going 20 miles per hour can leave victims with grave injuries as a result of a hard fall.

A previous study performed in 2008 by the Center for Injury Sciences at the University of Alabama peered into the estimated 48,255 golf cart-related injuries that happened across the U.S. from 2002-2005 and identified the most common injuries that have caused a 130 percent jump in golf cart-related injuries from 1990-2006. The results showed that golf cart injury victims are highest amongst the 10- to- 19-year-olds as well as people over the age of 80.

The most common diagnosis for lower extremity and hip injuries were found to be cuts and bruises. Fractures were most common in shoulder and upper extremity injuries and intracranial injuries associated with the head and neck were most commonly defined with concussions and hemorrhaging.

The researchers at GHSU said the main issues associated with the injuries described in these studies seem to be the vehicle design safety, driver competence and injury prevention. For residential communities like The Villages, these are huge issues when traveling to community destinations off the golf course like grocery stores, restaurants, the bank or even swimming pools and tennis courts. A combination of added features can make your slow-speed buggy more user friendly, such as front wheel brakes, adjusting the steering wheel position for better balance, installing safety belts and wearing safety helmets.

Remember to never allow children to use a golf cart unsupervised.

In the 90s the U.S. saw an average of 5,000 golf cart-related accident injuries in a year, but today with the use of golf carts on roadways outside the golf course, we are seeing and upward movement of 13,000 golf cart accident injuries a year. An estimated 43,000 residents in The Villages own golf carts for the purposes navigating through their community. Residents use their golf carts as an alternative form of travel or some use them as a hobby, like the Streetrod Club that is known for reconstructing their carts to resemble classic cars, vintage speedsters and even military-inspired Hummers.

Golf carts usually max out at a speed of 20 miles per hour, but it is possible to rebuild a golf cart to perform at higher speeds, sometimes climbing up to 40 miles per hour, which makes getting around easier, faster and less safe. Golf carts were not originally intended for this sort of use, so in addition to installing proper safety features it is vital to obey Florida’s traffic laws. The Villages offers brochures that can educate you on how to remain safe when traveling on your golf cart and they even offer a Golf Cart Safety Clinic.

Within the last five years, it has been estimated that nearly 10 residents of The Villages have been killed due to golf cart-related accidents. The dangers associated with golf carts are very real, so it is important to always err on the side of caution by driving safely and using keen judgment.

July 5, 2011

Daytona Beach, Florida Drowning Fatality Attorneys :: A Two-Year-Old Boy Drowns in Hotel Swimming Pool

by Whittel & Melton, LLC

Daytona Beach Shores police confirmed a two-year-old boy drowned at a hotel pool yesterday shortly after noon. The boy was apparently surrounded by many people in the pool, but went undetected underwater for nine minutes.

The boy was whisked out of the pool and transported to Halifax Health Medical Center in Daytona Beach, Florida where he was declared dead.

According to police, the case remains under investigation.

The Daytona Beach News-Journal reports six other drowning cases involving children under four have occurred this year in family swimming pools in Volusia County.

The U.S. Consumer Products Safety Commission just released its 2011 summer snapshot of drowning and near-drowning deaths across America, which reports that since Memorial Day there have been 48 drowning fatalities and 75 near-drowning accidents in 35 states across the country. Of those states, Florida ranks second with 13 total incidents. The Centers for Disease Control and Prevention has reported that drowning is the second leading cause of death amongst children under the age of 14.

A swimming fatality at a hotel, community, school or public pool needs to be investigated by qualified lawyers and investigators immediately. Similarly, a drowning at a neighbor’s home are frequently litigated as many communities hold homeowners responsible for safety precautions such as child access gates to prevent such events. If you feel you have an event worth investigating, call our firm immediately toll-free 866-608-5529.

When careless actions by the owners of a pool facility are carried out, tragic drowning accidents can occur to people of all ages. If you feel a negligent situation lead to the death of your loved one, contact Whittel & Melton for a free consultation to discuss the circumstances surrounding your case. We will work to establish whether the details you provide pinpoint a negligent party and then work towards gathering evidence to prove who is responsible for your family’s suffering.

July 1, 2011

Florida Personal Injury Lawyers Whittel & Melton on Avoiding Holiday Fireworks Hazards

by Whittel & Melton, LLC

The Florida Personal Injury Attorneys at Whittel & Melton advise leaving Fourth of July fireworks to the professionals this holiday weekend.

Summertime in Florida is filled with all kinds of festivities and celebrations, and what better way to celebrate the spirit of America’s freedom than with twinkling wonders lighting up the sky? This Independence Day weekend, Whittel & Melton recommend keeping the fireworks out of your loved ones hands and instead, watch these brilliant displays from a safe distance. Keep in mind that a firework is an explosive device and while they can be purchased at stores, these are commercially packaged explosives that can cause serious burns and eye injuries.

The United States Consumer Product Safety Commission reported that last year there were three reported deaths and an estimated 8,600 hospital emergency room treated injuries related to fireworks. In 2009, there were an estimated 8,800 injuries treated in America’s emergency rooms and two reported deaths as a result of fireworks. Fireworks were reported as the culprit for more than 7,000 injuries and seven deaths in 2008.

Misguided firecrackers can cause everlasting scarring, third-degree burn injuries and even blindness with the majority of the victims being teenagers and children. Fireworks can even cause houses, automobiles and yards to be set on fire. Fireworks can be defective and always pose the risk of exploding prematurely. Even professional firework displays can cause injuries to bystanders, and if you or a loved one has suffered any type of injury associated with reckless firecracker operations at public display or a backyard BBQ, you should explore your options for legal recourse. A defective device sold by a retailer should also be questioned when the manufacturing is found to be inadequate.

Fireworks and the Fourth of July go hand in hand, so always promote fireworks safety in your neighborhoods and communities. Here are some helpful hints for making sure your red, white and blue celebrations go smoothly:

*Make sure fireworks can be legally bought and sold in your area before purchasing or using them
*Keep young children away from fireworks and never allow them to light them off
*Always attend supervised firework displays—even sparklers, which most deem safe, can cause extreme injuries since they operate at temperatures around 2,000 degrees
*Do not pick up fireworks that failed to fully ignite or attempt to re-light used fireworks
*Do not carry around firecrackers in your pockets or anywhere on your person
*If fireworks are lit in your backyard or neighborhood, douse them with water before throwing them out. Merely throwing them away can cause trash fires.

June 13, 2011

Tampa, Florida Burn Injury Attorney :: Four Victims Sustain Burn Injuries after a Flaming Banana Dessert Catches Fire at a Palm Harbor, FL Restaurant

by Whittel & Melton, LLC

A bananas foster dessert at a Palm Harbor, Florida restaurant caught fire and resulted in four people suffering burns ranging in severity. A 25-year-old woman was taken to the hospital after allegedly suffering first-and second-degree burns along with a 56-year-old woman suffering respiratory burns.

According to Florida Today, two other individuals suffered burn injuries, but refused medical attention.
The Palm Harbor Fire Rescue said the 151 alcohol that is poured into the dessert ignited and splashed the four customers.

The restaurant, located in northwest Tampa, did not comment on the incident.

Under the Florida premises liability injury laws, the victims of these restaurant burns could receive compensation for their sufferings. The amount of compensation in these types of claims is associated with the severity of the burn, the total amount of medical bills and if there is permanent scarring. Lost wages can also be included in the injury claim if the victims lost time at work.

When suffering a burn injury like the individuals in this case, it is extremely important to speak with an experienced attorney immediately after the accident occurs as there are many steps to take now to assist with your claim, such as notifying the restaurant about the claim, finding out the restaurant’s insurance information, as well as taking pictures of the burn. It is important to note that many times burn injuries go away, so taking good photographs of the injuries suffered right away is ideal.

May 16, 2011

Tampa, Florida Dog Bite Lawyer :: Pit Bull Attacks Toddler, Later Stabbed and Euthanized

by Whittel & Melton, LLC

An 85-pound pit bull mastiff mauled a two-year-old girl’s face and upper body after she reportedly tried to feed it a treat. The unneutered dog named Fresh, was euthanized by Hillsborough County Animal Services after the dog’s owner stabbed the dog in the face to allegedly get him off of the toddler.

The child was taken to a local hospital where her conditions are unknown. A man and woman suffered injuries on their arms from the attack.

Officers cited the owners because they could not show proof of the dog’s vaccinations or tags. Officers said that charges are unlikely to be filed since the attack happened to a family member and not a stranger.

No previous problems with the dog or its owners were reported.

In the 3-year time frame of 2006 to 2008, pit bull type dogs reportedly killed 52 Americans and accounted for 59 percent of all fatal attacks. Together, pit bulls and rottweilers accounted for 73 percent of these deaths. Each day, an estimated 1,000 Americans need emergency care treatment for dog bite injuries. Through a compilation of U.S. and Canadian press accounts between 1982 and 2010, Merritt Clifton, editor of Animal People, named pit bulls, rottweilers, presa canarios and their mixes as the breeds most liable for serious injuries and death.

Dogs that bite are a liability to their owners and can pose dangerous threats to other people. Most states have comprehensive laws pertaining to dog bites and dangerous dogs, and Florida is no exclusion to these regulations. Florida’s law, “Damage by Dogs” makes it clear that a dog owner is responsible for any and all destruction that arises from a dog biting an individual, whether in public or private. This includes the dog owner’s home. This accountability can be reduced if the bite happens because of the victim’s negligence or taunting. Any injuries the dog in question inflicts on other persons, livestock or domestic pets, is an owner’s legal responsibility.

Local governments in Florida can enact their own regulations, which can differ by city and town. Unlike other states that may let owners off the hook for first time dog attacks, Florida law has no tolerance for vicious dogs, first time offenders or not. This means that if a victim is harmed because of a dog attack, the owner may be liable for present and future medical bills, present lost wages and future earnings, present and future damages relating to pain, scarring and even psychological suffering and property destruction.

May 5, 2011

New Port Richey, Florida Maritime Injury Lawyer :: Florida Fish and Wildlife Conservation Commission Investigating Fatal Boat Accident

by Whittel & Melton, LLC

The FWC is investigating a boat accident off the coast near Anclote Park that caused the death of a 55-year-old New Port Richey, Florida man. Three other passengers were tossed into the water, but were eventually rescued by Blue Fin Charter boat who also recovered the body of the deceased.

On April 16, 2011 the four boaters were making their way back from a day of fishing when their engine allegedly stopped working. Investigators said that the boaters attempted to anchor the vessel by throwing the anchor off the bow as the waters got rough. The boat was supposedly hit by a large wave that caused the vessel to tip over.

The boat sank into 20 feet of water while three passengers waded in the Gulf. None of the boaters’ were allegedly wearing life vests.

The charter boat that rescued the passengers was met by a USCG vessel at Anclote Park. The condition of the passengers was not released and an FWC spokesman said that it will be up to the medical examiner to determine the cause of death.

Florida has the highest number of registered boating vessels in the United States, according to the 2008 Florida Boating Accident Statistical Report. With a total of 657 reported accidents in 2008, Florida also has the highest number of boating accidents in the U.S. What was the main cause of boating fatalities in 2008? In Florida, the main cause of death amongst boaters was falling overboard. The numbers continue to grow every year.

With the spring and summer months ahead, it is important for Floridians to know the dangers of boating and the proper safety precautions to take when traveling the waterways. The risks of being in a boat accident or drowning are ever-present, so it is important to wear life jackets any time you are aboard a vessel, constantly check weather conditions, maneuver a boat at safe speeds and constantly check the engine and other mechanical equipment for any faults. One of the most important things to have onboard is life saving devices for yourself and all other passengers. If children are present, proper supervision should be given at all times.

May 3, 2011

The Villages, Florida Accident Injury Attorney :: Villages Resident Killed by SUV While Waiting for Shuttle Launch

by Whittel & Melton, LLC

The Wrongful Death of a 70-year-old resident of The Villages occurred when a sport utility vehicle struck and killed the man while he crossed a Titusville street. He was visiting the Space Coast to see the launch of space shuttle Endeavour, which never launched due to technical difficulties.

According to Orlando reports, the man was hit, just before noon, by a 2002 Honda CRV. Investigators said that pedestrians were packed into the area and cars were parked on both sides of the four-lane highway where the accident occurred.

Police supposedly said the man was not in a crosswalk when he was hit. He was flown to Holmes Regional Medical Center where he was pronounced dead around 5 p.m.

An investigation into the crash is still underway and charges are pending against the driver. Alleged skid mark lengths at the scene indicate that speed may have been a factor that caused the collision.

Federal statistics show speed as a causal factor in one out of every three fatal car crashes. According to government statistics, the probability of death, disfigurement or debilitating injury doubles for every 10 mph over 50 mph. Speeding can reduce a driver’s capability to maneuver securely around curves or objects in the roadway as well as lengthen the distance necessary to stop a vehicle in a crisis.

The severity of a motor vehicle crash increases with speed. Likewise, the effectiveness of automobile restraint devices and safety precautions, like air bags and seat belts weaken with amplified speed. Many drivers fail to see the grave dangers speeding creates. To many Florida drivers, accelerating speed to a few miles an hour over the speed limit is a suitable gamble, thinking the worst result could be a speeding ticket. However, the facts are crystal clear-driving too fast for certain settings or operating a vehicle excessively over the speed limit can kill you and others.