Florida Injury Lawyer Blog

As millions of Americans prepare to enjoy a fun family holiday celebrating our nation’s birth, Florida injury lawyers are urging those using fireworks to always put safety before sparklers.

“Please celebrate safely,” notes attorney Bruce L. Scheiner, “No one wants to have such a happy event marred by a negligent or careless accident.”

Each year, injuries resulting from improper use and handling of commonly available fireworks and pyrotechnics turn a family gathering into a catastrophe. With the proliferation of roadside fireworks vendors, and even commercial stores open all year, the opportunities for an accident are plentiful.
The National Council on Fireworks Safety notes that hundreds of fireworks injuries are reported every year, and recommend several safety tips:

1. Use fireworks outdoors only.

2. Obey local laws. If fireworks are not legal where you live, do not use them.

3. Always have water in a hose or bucket nearby.

4. Only use fireworks as intended. Don't try to alter them or combine them.

5. Never re-light a "dud" firework. Wait 20 minutes and then soak it in a bucket of water.

6. Use common sense. Spectators should keep a safe distance from the shooter and the shooter should wear safety glasses.

7. Alcohol and fireworks do not mix. Have a "designated shooter."

8. Only persons over the age of 12 should be allowed to handle sparklers of any type.

9. Do not ever use homemade fireworks of illegal explosives: They can kill you! Report illegal explosives to the fire or police department in your community.

Even using sparklers on our nation’s birthday requires a few common sense rules. According to the U.S. Consumer Product Safety Commission, (CPSC), approximately 16% of all consumer fireworks injuries are caused by sparklers burning hands
and legs, with the majority of sparkler injuries occurring to young children. These are injuries that would not have occurred if there had been close adult supervision and if some basic safety steps had been followed. The National Council on Fireworks Safety offers these safety steps for sparklers:

1 Children under the age of 12 should not use sparklers without very close adult supervision.
2 Always remain standing while using sparklers.
3 Never hold a child in your arms while using sparklers.
4 Never hold, or light, more than one sparkler at a time.
5 Sparklers and bare feet can be a painful combination. Always wear closed‐\plain toed shoes when using sparklers.
6 Sparkler wire and stick remain hot long after the flame has gone out. Be sure to drop the spent sparklers directly in a bucket of water.
7 Never hand a lighted sparkler to another person. Give them the unlit sparkler and then light it.
8 Always stand at least 6 feet from another person while using sparklers.
9 Never throw sparklers.
10 Show children how to hold sparklers away from their body and at arm’s length.
11 Teach children not to wave sparklers, especially wooden stick sparklers, or run while holding sparklers.

Florida injury lawyers caution you to keep your celebrations safe, and remember the reason behind the big booms and bright colors lighting the night.

With the dog days of Florida’s sizzling summer and the family travel season in full swing, Florida injury lawyers are urging visitors to our many amusement and theme parks to exercise safety to avoid potential personal injury.

“Whether you are visiting the world-famous resort destinations in Orlando or the local water park or community pool just around the corner, ensuring a safe summer for you and your family means following a few simple rules,” said Attorney PJ Scheiner of Associates and Bruce L. Scheiner, Personal Injury Lawyers.

According to the widely respected website ThemeParkInsider.com founded and edited by Robert Niles, former attractions host at Walt Disney World’s Magic Kingdom, these are the top 10 things to consider to keep your park experience safe and enjoyable:

1. Stay cool, and don't get burned

More visitors suffer from sunburn, rashes, heat exhaustion and heatstroke than all other injuries put together. Water is your best friend in helping prevent heat-related illnesses in theme parks. Chugging water in the park won't help as much as getting well hydrated two to three days before your trip. Put on a waterproof sunscreen before you enter the park, and remember to reapply it throughout the day. A soaking sweat, or a couple of water rides, can wash many sunscreens off. A hat or sun visor can help, too.

2. Be aware of what is around you

Simple collisions are another source of many theme park injuries. Be aware of where you are, and who is around you. Don't stumble into someone else, or worse, trip over a child in a stroller. And if you're the one pushing a stroller, be courteous - watch where you are walking so that you don't crash into others' legs and feet.

3. Stay away from where you don't belong

Never enter a restricted area in a theme or water park. Don't climb or hop fences or walk through employee-only gates. If you drop a hat or other item that falls into a restricted area, such as under a roller coaster, ask a park employee for help.

4. Know your limits

Read an attraction's boarding restrictions before you get in line. If you are pregnant, have pain or injuries in your back or neck, or have a heart condition, you will not be able to go on some rides. If you are shorter than five feet, or taller than six, you'll also encounter rides where you will either not be permitted, or won't be comfortable. Some parks make special seats available on select rides for larger visitors – just ask. People who are overweight often have high blood pressure, which could put them at higher risk on some high-speed, twisty rides. If you have high blood pressure, or think you might, skip the big roller coasters and simulator rides until you've checked with a doctor. You can always stop by a park's Guest Relations office, usually located near the front gate, if you still have questions about which rides will be appropriate and comfortable for you and your group.

5. Know your health

Of course, you need to know if you have a health condition that should keep you off certain rides. If you haven't had a check-up within the past 12 months, make that a top priority before your next theme park visit. The same holds for your kids, too. Too many incidents that occur in theme parks are the result of undiagnosed medical conditions. Know your health condition, and that of your children, before you visit.

6. Don't cheat

Don't "cheat" or ignore the rules to get on a ride where you don't belong. You might think a ride looks tame enough for you. But sometimes there are potential problems on a ride that most visitors can't see -- a hidden drop or turn, a sudden stop, or a portable ladder that riders will have to descend if the ride shuts down. Don't think that you know more about a ride than the park does. If they tell you not to ride, don't. And don't even think about cutting in line. Nothing provokes more fights and nasty exchanges in theme parks than impatient folks who won't wait their turn. It's not worth getting thrown out of the park just to save a couple minutes in line. Don't take it upon yourself to enforce the rules, though. If you see line jumping, please report it to the nearest employee at the ride or, if possible, a security officer.

7. Stay in to stay safe

On any theme park ride, keep your rear on the seat, your hands on the grab bar and your feet and knees inside the car. And don't crowd others who might be exiting when you are getting on. If there is no grab bar, keep your hands on your lap. If you are riding a "floorless" coaster, relax your legs and let them dangle underneath you. Don't kick them out to the side or front. If you are on a ride with a lap bar, seat belt or safety harness, make sure that it is in place, snug and locked. If the ride starts to move and your restraint is not in place, immediately call for help. Do not get on or off a ride until you've been given the okay by an attendant to do so. Make sure that your vehicle has stopped next to the unload platform before you get off. Often, vehicles stop short of the unload platform to wait for groups up ahead to exit.

8. Ride 'er easy, cowboy

Some rides, especially roller coasters and simulator rides, can whip your head around, leaving you at risk for headaches as well as more serious head or neck injuries. On those types of rides, sit in the middle of the chair and don't slouch or lean to one side. Relax, but do not go limp. You want to keep your balance in the seat. When the seat pitches you to the left, relax your torso and bend to the right to keep your head upright and centered. Again, if you are prone to headaches, have any neck or back problems, or have been diagnosed with an aneurysm, do not get on any roller coaster or simulator ride.

9. Help the kids

If you are visiting with a child, take a moment to explain the ride to them, and tell them how they should behave. They are depending upon you to keep them safe. Set a good example for them by following the rules above, and make sure that they know you expect them to follow those rules, too. Kids get tired, and tired kids make parents even more tired. When you are tired, you are more likely to get hurt, both physically and emotionally. Consider a mid-day break, perhaps a swim back at the hotel, to avoid the peak heat and crowds.

10. Alert staff about problems

If you see something wrong -- a broken restraint, a person jumping the line, or anything else that could jeopardize the safety of a park guest -- alert a park employee immediately. They are there to help keep you safe.

According to the U.S. Consumer Product Safety Commission, (CPSC), there have been more than 15,000 amusement ride-related injuries in the U.S. per year since 2001. The CPSC tracks statistics for all amusement ride accidents, not just at the wildly popular Florida theme parks. These accidents may also occur at traveling carnivals and fairs, on portable inflatable attractions, and on fixed-site amusements such as roller coasters.

Oftentimes, the negligent operation of the ride or the facility itself can result in a serious injury or even death. The International Association of Amusement Parks and Attractions, (IAAPA), a trade association for permanent amusement park facilities, reports that 300 million people visit amusement parks each year. Accidents can, and do occur, and Florida personal injury lawyers continue to remind people that safety is the number one priority.

HAVE A SAFE SUMMER

Our family of nearly 100 support staff and attorneys at Associates & Bruce L. Scheiner Personal Injury Lawyers encourage people to safely enjoy the cool splash of a water park slide or the exhilaration of a monstrous thrill ride this summer. If you or a family member has become the victim of an amusement or theme park accident, let us help you fight for your legal rights, and the fair compensation you may deserve after a catastrophic injury has turned your world upside down.

"While the onset of Fibromyalgia can be triggered by a number of factors, medical professionals concur that a traumatic incident like a vehicle crash can trigger the disease in people who had no previous problems with ongoing pain and were in perfect health prior to the trauma", said Starr Joyce, Medical Consultant to Associates and Bruce L. Scheiner, Personal Injury Lawyers.

In a study of 2,000 Fibromyalgia patients, it was discovered that 65% of those patients had some form of traumatic incident. Of that percentage, 52% of the cases were caused by a vehicle crash.

There are likely very few medical conditions as misunderstood as the one known as Fibromyalgia. Medical practitioners from rheumatologists to psychologists to the family MD have long been studying and debating the causes and treatments for this mysterious condition.

Fibromyalgia is a painful and serious disorder. Some of the more common symptoms include extreme stiffness in the joints, overall fatigue, chronic muscle pain and severe sleep disorders. There are some recognized experts who believe such things as carpal tunnel syndrome, restless leg syndrome and even depression and general cognitive dysfunction, among many other symptoms, can be related to a person being diagnosed with Fibromyalgia.

The personal injury lawyers who specialize in fighting for the rights of vehicle crash victims are supported by some of the brightest and most recognized medical experts available, and can provide invaluable representation if you have been injured.

“The medial community has long recognized the relationship between a traumatic accident and a diagnosis of Fibromyalgia,” says attorney Bruce L. Scheiner, founder of Associates & Bruce L. Scheiner Personal Injury Lawyers. “In my almost four decades defending the rights of thousands of auto crash victims, I have seen how Fibromyalgia can often go undiagnosed, resulting in months or years of personal suffering and hardship. The medical research and technology available to us today is a powerful resource in helping people obtain the appropriate care and treatment for this debilitating disease.”

After four years as the city with the most aggressive drivers in America, Miami dropped to 7th in this year's Road Rage Survey, released Tuesday by AutoVantage.

Aggressive driving is a leading cause of car accidents handled by Florida personal injury lawyers.

New York City moved from third to first in this year's poll of worst cities. Dallas, Detroit, Atlanta and Minneapolis/St.Paul rounded out the top five. Meanwhile, Boston, Baltimore and Washington, D.C. joined Miami in exiting the grouping of worst cities in America.

Portland and Cleveland were ranked the nation's most courteous cities.

"This survey is another way we assist drivers by revealing the latest driving trends and attitudes to educate and influence safer, and perhaps more courteous, driving habits," said Brad Eggleston, vice president of AutoVantage.

This year's respondents were asked to define road rage, and pointed to two common attributes: angry drivers, including those who overreact and lose their temper, and aggressive driving, including cutting into lanes, speeding, honking and tailgating.

Major causes of road rage:

Bad/careless driving, such as cutting people off, tailgating, speeding, using cell phone, not using signals and making obscene gestures.
People who are angry, stressed or frustrated
People who are impatient or running late
Traffic accidents, poor road conditions and construction

Stress-causing behavior by other drivers:

Drivers who talk on their cell phones (84 percent reported seeing it everyday)
Driving too fast (58 percent)
Tailgating (53 percent)
Drivers eating or drinking while driving (48 percent)
Texting or e-mailing while driving (37 percent)

As a reaction to rude or bad drivers, people admitted they:

Honk their horn (43 percent)
Curse (36 percent)
Wave their fist or arms (13 percent)
Make an obscene gesture (10 percent)
Call the police (7 percent)
Slam into the car in front of them (1 percent)

Aggressive drivers are a serious concern on our roads. Their actions can lead to serious accidents. They can be held liable for the damages and injuries they cause and even face serious criminal charges.

If you or someone you love has been injured or killed in a Florida car accident, there are things you can do to help protect your rights. Our Florida injury lawyers offer free appointments to discuss your rights at offices in Fort Myers, Naples, Cape Coral, Port Charlotte, Arcadia, Sebring and Venice. You'll pay us nothing unless we win.

Everyone at Associates and Bruce L. Scheiner, Personal Injury Lawyers wishes Florida residents a safe, peaceful summer and an uneventful hurricane season.

We also urge you to be prepared.

"While in the end it will be up to Mother Nature, nothing ensures a safe hurricane season as much as a prepared household, business or family," said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers. "If you live in Colorado, prepare for winter. If you live in South Florida, prepare for hurricane season. Do it now, not at the last minute when stores are sold out and packed with last-minute shoppers."

Emergency paperwork in a waterproof container, food, water, tarps, batteries, and other supplies should be collected now. The family should have an action plan and a communication plan now. And other safety, like driving in inclement weather and the proper use of generators (well-ventilated area, never use indoors) should be reviewed.

Associates and Bruce L. Scheiner, Personal Injury Lawyers, has a public service announcement in this year's WINK News hurricane guide.

The News-Press, which also sponsored this year's hurricane guide, has extensive information on its website.

The Red Cross recommends the following safety steps and tips to prepare for a hurricane:

Assemble a Disaster Supplies Kit

Gather emergency supplies including: emergency medications, nonperishable foods, a non-electric can opener, bottled water (at least three gallons per day per person), a battery-powered radio, flashlight, extra batteries, extra clothes, important documents, cash and credit cards, a first aid kit and other items for infants, elderly or disabled family members and pets

Store supplies in a waterproof, easy-to-carry container, such as a plastic tub with handles

Prepare a Personal Evacuation Plan

Identify an evacuation route ahead of time; discuss with family members

If advised to evacuate, do so immediately

In case of evacuation to an American Red Cross shelter, be sure to bring the disaster supplies kit, medications, extra clothing, pillows and blankets and other hygiene and comfort supplies

Make advance preparations for pets so you can bring them with you when you leave, but remember, due to health department regulations, pets aren't allowed in public shelters

Prepare for High Winds

Measure windows and obtain shutters or cut plywood to cover each one

Remove diseased and damaged tree limbs well before a storm strikes

Strengthen garage doors with vertical support beams made from 2x4's and "L" brackets

Get professional help if needed

The injury of two Cape Coral police officers in separate crashes this week is a tragic reminder that motorists need to use extra caution in yielding to emergency vehicles in Southwest Florida.

Officer Damien Garcia, 26, suffered head injuries and a broken leg, according to media reports, in an on-duty motorcycle accident when Garcia's police motorcycle hit a vehicle that pulled out in front of him as he traveled south on Cultural Park Boulevard.
And a 29-year-old Cape Coral woman is facing DUI charges for a car accident that injured Cape Coral Police Officer Robert Reese, 46, over the weekend. Both the accused driver and the passenger also suffered injuries.

According to reports, Reese was traveling south on Country Club Boulevard in a 2006 Chevrolet SUV police vehicle when the accused driver failed to yield and turned across his path at Southeast 10th Street.

Because they were on-duty, the police officers medical bills and lost wages will be covered under Florida's worker's compensation laws, according to the department. However, both accused drivers could also be held criminally and civically responsible.
State law requires motorists to yield to all emergency vehicles, including police officers, ambulances and fire trucks. When emergency vehicles are running with lights and sirens, they are often not obeying the speed limit and traffic lights, and may even use the wrong side of a divided road or travel the wrong way on a one-way street to avoid congestion and get to an emergency situation. They are attempting to reach a destination where someone needs medical assistance or is in physical danger.
Give them a break. Get out of their way. Keep yourself safe and do your part in keeping our emergency workers out of harms way.

The state's Move On Over campaign also requires motorists to move over and allow plenty of room to law enforcement and emergency vehicles stopped on the side of the road.

Not only can you face increased fines for failure to yield at all times to law enforcement but, in the event of an accident you can face additional criminal charges.
If you or someone you love has been in a car accident or motorcycle accident or has been the victim of a drunk driver, our Florida injury lawyers offer free appointments to discuss your rights at offices throughout Southwest Florida, including Fort Myers, Naples, Cape Coral, Arcadia, Port Charlotte, Sebring and Venice.

Two Fort Myers-area teenagers remain in critical condition at Lee Memorial Hospital and another has died following separate car accidents this week in Estero and Bonita Springs.

Florida injury lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, urge parents to have a comprehensive talk with their teenagers as the summer driving season gets underway.

The News-Press is reporting none of teenagers were wearing seat belts.

The truth is even more startling: The number one cause of death for young people ages 16 to 25 is car accidents, according to the National Highway Traffic Safety Administration. The reasons vary and include inexperience. But, in addition to the high number of local teens who apparently do not buckle up, statistics show teen drivers are also among the most distracted on the road.

Young drivers -- already four times more likely to get into an accident -- were twice as likely to use a cell phone while driving and more than six times more likely to text message while behind the wheel, according to a recent AAA study and a survey by FindLaw.

Florida's new mandatory seatbelt law begins June 30 -- for the first time, vehicles can be stopped and ticketed if the driver or front-seat passenger are not wearing seatbelts. Florida is joining 29 other states that have primary enforcement laws. Current Florida law only allows tickets if the driver has been stopped for another offense.

However, both laws allowed for drivers under 18 to be stopped and ticketed and both laws require anyone under 18, regardless of their position in the vehicle, to wear a seatbelt.

And yet, despite overall high compliance rates, the area's statistics are not encouraging when it comes to teenagers.

In Florida, 81.7 percent of drivers wear them. In Lee County, 91.4 percent of drivers wear belts, the second-highest of 12 counties surveyed last week by the Florida Department of Transportation, according to The News-Press article.

Yet in 2007, 127 crashes occurred in Lee that involved drivers ages 15 to 21. Sixty-two percent of them were not belted, according to Jay Anderson, executive director of Stay Alive ..... Just Drive!

In 2006, he said, 233 crashes involved 15- to 21-year-old drivers in Lee County, and 82 percent were not buckled up. The collisions resulted in the deaths of eight people, seven of whom weren't belted.

So talk to your kids about comprehensive driving safety. And consider enrolling them in a safe-driving program or even taking the program with them.

Locally, Lee Memorial Health Systems routinely offers a free young-driver's seminar to teenagers and/or their parents. The next course is available on July 28 from 5:30 to 8:30 p.m. at Lee Memorial Hospital on Cleveland Avenue in Fort Myers. Enter through the emergency room and follow the signs to the auditorium. Those wanting more information can call Syndi Bultman (239) 336-6797.

If you or someone you love has been in a car accident, there are things you can do to help protect your rights. The car accident attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, offer free appointments to discuss your case at offices located throughout Southwest Florida, including Fort Myers, Naples, Cape Coral, Port Charlotte, Sebring and Venice.

Florida boating accident lawyers and personal injury and wrongful death attorneys remind boaters that increased law enforcement presence on the water this summer is aimed at reducing traffic boating accidents.

The Collier County Sheriff's Office is stepping up enforcement along the Naples shoreline -- reminding boaters that most accidents are caused by boat operators, whether your boat or another boat on the water.

Carelessness, inattention, navigation-rule violations, poor choices during bad weather, inexperience and alcohol consumption can all lead to tragedy on the water.

As the summer season kicks into gear, safety advocates remind boaters that being out on the water can be fun, but it can also be dangerous.

The Collier County Sheriff's Office Marine Unit offers the following tips:

-Take a safety course offered through the U.S. Power Squadron and the U.S. Coast Guard Auxillary.

-Wear a life jacket.

-Don't operate a vessel under the influence of drugs or alcohol.

-File a float plan with a loved one or close friend so they know where you are going and when to expect your return.

-Take a fully charged cell phone.

Here are some other important safety facts to keep in mind:

Continue reading " Florida boating accident lawyers remind Florida boaters of increase summer enforcement aimed at reducing boating accidents " »

The Collier County Sheriff's Office opened June with a crackdown on unsafe commercial trucks in the Naples area in an effort to prevent serious and deadly trucking accidents.

Florida trucking accident lawyers and personal injury and wrongful death attorneys know getting unsafe trucks and truck drivers off our road will reduce serious trucking accidents in Southwest Florida.

We urge motorists to use extra caution around all commercial trucks. A semi or dump truck can weight 70,000 to 80,000 pounds - 20 times the weight of a passenger vehicle. At 70 mph, you don't stand a chance.

Collier County deputies will be stopping commercial vehicles around the clock this week to inspect tires, brakes and other safety equipment in an aggressive enforcement effort of state and federal laws governing commercial vehicles.

"The road check gives law enforcement the opportunity to make sure these vehicles are safe to be out on the roads," said Cpl. Tom Mullen, of the traffic enforcement bureau. "It also forces the owners of these trucks to keep up with the safety standards."

Advocacy groups content 20 to 30 percent of trucks on Florida roads are running overweight at any give time -- and fines in the range of $100 offer little deterrent compared to the profit to be made when large trucks run purposefully overweight.

One in every 10 fatalities is the result of a trucker-related crash -- about 1,000 a year, according to federal statistics. And Florida is one of the most deadly -- second only to Texas in the number of fatal trucking crashes.

Continue reading " Southwest Florida trucking accident lawyers hope law enforcement crackdown leads to fewer trucking accidents " »