Florida Injury Lawyer Blog

This is the second part of our two-part blog series in which we are discussing the commonality of boating accidents in Fort Myers and elsewhere throughout the state. The most recent state statistics provided by the Florida Fish and Wildlife Conservation Commission indicate that there were nearly 70 boating-related fatalities on our waterways in 2009. There were nearly 80 in 2010. Florida ranked number one for the year, followed by California with nearly 50 fatalities. Florida has the most registered vessels in the country, with nearly 942,000 in 2010. Of the near 80 fatalities, Florida Fish and Wildlife Conservation Commission investigated nearly 90 percent of them, while officials from sheriff's offices looked into about 8 percent and police investigated about 3 percent.

There were fewer registered vessels in 2010 than in 2009, but there were more fatalities reported. Our Fort Myers boat accident attorneys understand that the most dangerous months on our waterways are May, July and November, but boaters are asked to practice caution all year round. Most boating accidents in 2010 occurred between 4 and 5:59 p.m.

Most common Florida Boating Fatal Accidents:

-Falling overboard: 26.

-Colliding with another vessel: 9.

-Flooding (Swamping): 8.

-Collision with a fixed object: 4.

-Fall in boat: 2.

-Skier hit object: 2.

-Fall on personal watercraft: 1.

-Collision with a person/falling object: 1.

-Grounding: 1.

Locations of fatal accidents:

-Lake/pond: 21.

-River/creek: 14.

-Bay/sound: 13.

-Ocean/Gulf: 10.

-Canal/cut: 6.

-Inlet/pass: 4.

-Port/harbor: 3.

-Other: 2.

Most of these accidents occurred on propeller vessels in 12 to 16 feet of water. Open motorboats were the most likely to be in an accident. Operators between the age of 35 and 50 were most likely to get into a fatal accident, yet operators between the ages of 22 and 35 were most likely to navigate the water without formal boater education even though they were the second highest group to have boating education. Boating is a popular activity for this age group.

Florida residents accounted for 90 percent of the boating-related fatalities in 2010. Non-residents accounted for the remaining victims. Alcohol or drug-related accidents accounted for nearly a quarter of all fatal accidents.

The most dangerous counties in Florida for fatal boating accidents:

-Monroe County: 103 accidents.

-Miami-Dade County: 72 accidents.

-Palm Beach County: 60 accidents.

-Pinellas County: 53 accidents:

-Lee County: 33 accidents.

-Broward County: 29 accidents:

-Brevard County: 23 accidents.

-Bay County: 22 accidents.

-Collier County: 20 accidents.

-Okaloosa County: 19 accidents.

-Volusia County: 18 accidents.

Miami-Date had the most issued boating education cards. More than 6,500 licenses were handed over to boaters under the age of 17. These boaters were most likely to receive a boater's safety education card, followed by those ages 17 to 21.

Boating injuries and fatalities can be prevented with the proper safety measures and education.

Continue reading "Boating Accidents in Lee County Rank Top Five in State " »

This is the first of a two-blog series in which our Fort Myers boating accident lawyers will discuss the dangers and risks that boaters face on Florida waterways. Newly released information from the Florida Fish and Wildlife Conservation Commission offers us a sneak peek into the seriousness of these types of accidents.

According to the 2010 Boating Accidents Statistical Report, there were nearly 700 boating accidents in Fort Myers and elsewhere throughout the year. These accidents resulted in nearly 80 fatalities. Most of these accidents were caused by drowning and victims falling overboard. Many of these deaths could have been prevented if more boaters wore life jackets.

Middle-aged boaters and older males are more likely to be involved in a boating accident, even though they typically have more boating experience than others. Most of these boaters failed to learn their boating skills through a boating safety course. The "Wear It Florida" campaign aims to get all boaters to wear life jackets, but targets this demographic because they're least likely to wear them.

There were nearly 942,000 recreational vessels registered in Florida in 2010. Our state continues to have the most registered boats in the country. Officials believe that there are another one million boats that are non-registered and in use. They also believe this number is expected to grow.

In 2010, nearly 70 percent of the boat operators who were involved in accidents reportedly had no formal boater education. Monroe County had the highest number of boating accidents with nearly 80, about 7 deaths and nearly 60 injuries.

Falling overboard and drowning has been the number one cause of boating deaths. Even though these types of accidents are completely preventable, the number continues to increase. These types of accidents accounted for more than 60 percent of fatal accidents. May has proven to be the most deadly month on the water. May 2010 produced nearly 15 fatalities. More than 20 percent of all boating accidents involved alcohol or drugs. Nearly 90 percent of the fatalities occurred among males.

In 2010, personal watercrafts accounted for nearly 15 percent of registered vessels in the state. These vessels accounted for nearly 20 percent of the reported boating accidents for the year, with about 125 accidents. Nearly half of these accidents involved a collision with another vessel. Nearly 35 percent of these accidents happened in Miami-Dade, Pinellas and Monroe counties. Monroe County ranks number one for these types of accidents.

According to the 2010 Boating Accidents Review, Florida had the most boating accidents in the country in 2010. Coming in at number two was California, which had about 500 accidents. Nearly 50 more accidents were reported in 2009 than in 2010, even though the number of registered vessels decreased.

Lee County had more than 43,000 registered vessels in 2010. There were nearly 35 boating accident reports in Lee County throughout the year. These accidents resulted in four fatalities and nearly 20 injuries. These accidents ran a tab of nearly $551,000 and landed the county as the fifth most dangerous in the state.

Continue reading "Boating Accidents in Fort Myers and Elsewhere Top Concern, Says Florida Fish and Wildlife Conservation Commission" »

Boat racing is a popular sport and common recreational activity in the greater Fort Myers area. The weather is beautiful and the water is just a hop, skip and a jump away. Unfortunately, boating accidents in Florida are a common occurrence. Take for instance last weekend's Key West Offshore Championship, where three boat racers died as a result of boating accidents.

A Sarasota man died after his 850-class Skater catamaran flipped during the last lap of the seven-lap race. Roughly 200 people attended his memorial. His racing partner, from Fort Myers, was released from the Lower Keys Medical Center in Key West this weekend, according to The News-Press.

Our Fort Myers boating accident attorneys understand the risks involved in powerboat races off the shores of Florida, and how deadly these contests can be. In addition to the Florida boater's death, a 74-year-old man and a 47 year-old man died when their 46-foot catamaran crashed during one of the races in Key West Harbor. The accident happened Nov. 9, which marked the start of the race. A memorial was held for the two a day later.

"It was the classic rollover type of accident; something we've seen before at turns," John Carbonell, president of Super Boat International.

Officials are still looking into the accidents, but they believe the driver made too swift of a turn. During the accident, winds were sustained at 15 miles per hour with wind gusts reaching nearly 25 miles per hour. Wave heights were about three feet.

One of the men, Danny Crank, who was involved in one of the boating accidents, spoke out about the trauma he faced at the championship. He said the accident happened when he and the other boaters were traveling about 110 miles per hour. His accident happened when his vessel slammed into a wave, according to 7News.

Witnesses say that the canopy of the boat imploded into the boat's occupants. Luckily the boat came back up to the surface after nose diving into the water. The survivor had bloodshot eyes and a cut ear, but says he's thankful to be alive. He thanks the rescue team for being on hand and being so responsive and well-trained. He says the rescue team is always on his mind.

He goes on to say that he doesn't race for the money. He says he grew up fantasizing about these racing boats and knew he wanted to do it one day. He says it's not for everyone though.

"If you're scared, then you shouldn't be in the boat, because then you hesitate, and it makes things worse," said Crank. "We all know the risks."

The last fatalities in this competition happened back in 1995.

While boat racing is inherently dangerous, recreational boaters are also at risk of having an accident especially during the winter boating season.

Continue reading "Three Killed in Boating Accident in Florida at Key West Offshore Championship" »

A tourist died recently after a parasailing accident in Longboat Key. The 31-year-old- from South Carolina was harnessed by an 800 foot rope to the parasailing boat, Almost Heaven, when the boat lost power, according to Florida Wires.

The Coast Guard reports that the tourist fell into the water, from as much as 800 feet in the air, at an unknown speed. The Florida parasailing accident happened about a mile off the shore of Longboat Key. The South Carolina man was pronounced dead at an Anna Maria Island boat ramp.

Our Fort Myers tourist accident attorneys understand that these types of attractions are very dangerous. Despite the number of fatal parasailing accidents over the past few years, parasailing remains unfettered by any safety rules or regulations enforced by state, federal or even local agencies. No one is even able to access accurate statistics regarding parasailing accidents because there is no one agency keeps track of these events.

Witnesses to this Longboat Key parasailing accident say that the man waived to indicate he was okay when he initially landed in the water. At that time, he was still connected to his parachute that allowed him to float in the water. He was wearing a life jacket.

Investigators said that the South Carolina man was unconscious when they finally pulled him out of the water.

"After all these incidents, I can't believe we haven't gotten smarter as an industry," said Mark McCulloh, chairman of the Parasail Safety Council, a nonprofit agency promoting parasailing safety and based in Maitland.

Eight people were on the 28 foot parasailing boat at the time of the accident. All witness statements were consistent. Officials have yet to determine what happened between the time the tourist waved that he was okay and when he became unconscious.

According to the U.S. Coast Guard, the boat was an uninspected vessel. The boat is currently in the hands of the Florida Fish and Wildlife Commission until the investigation is complete.

McCulloh, a former parasail operator, says that the parasailing industry needs strict rules for parasailing. He says that these rules should include maximum wind speed when parasailing, height restrictions and tougher regulations on equipment inspection and types of towlines.

In 2010, the state Legislature tried to strengthen parasailing safety rules and enforcement, but the effort failed after companies complained.

"They don't want anyone regulating them," said McCulloh. "They don't want to conform to some kind of safety parameters they think might interfere with profit or keep them from taking chances."

Currently, the Florida Fish and Wildlife Conservation Commission estimates that there are about 100 commercial parasail operators in the state of Florida. The Parasailing Safety Council reports that there were nearly 400 known accidents that happened from 1990 through September of 2009. These accidents resulted in more than 20 deaths. Again, these statistics are not completely accurate since no one agency keeps track of these events.

If you're planning a parasailing trip, be sure to research the company. Ask how long the company has been in business. Make sure they're licensed by both the state and city or county and exist in a well-established location. Lastly, make sure that the boat’s captain is a U.S. Coast Guard Licensed Captain.

Continue reading "Florida Parasailing Accident Kills South Carolina Tourist" »

Nearly year-round in Southwest Florida, boaters take to the waters to enjoy fishing, swimming or just to get out on the Gulf of Mexico or Caloosahatchee River.

But with Fourth of July fast approaching, it's likely that more boaters will be out and Fort Myers Personal Injury Lawyers encourage everyone to be safe in their boats this weekend to make sure your holiday weekend is fun for everyone.

According to statistics from the U.S. Coast Guard, July is the most accident-prone month in the United States. In 2010, there were 1,032 non-fatal accidents, which made up about 1/4 of the total 3,999 reported accidents. There were also 108 fatal accidents last July, tops for the year.

In Florida, according to the U.S. Coast Guard, there were 39 boating accidents involving alcohol in 2010, up 18 percent from the 33 that happened in 2009. There were 15 alcohol-related deaths and 27 injuries caused by drinking and boating.

All these statistics are scary and as people prepare to have fun along Florida's coasts or in rivers and lakes, this information should be taken seriously. On the water, it takes longer for the U.S. Coast Guard, local law enforcement marine units and other emergency crews to respond, which makes drowning an inherent risk. If someone is injured and rendered unconscious, very quickly they can hit the water, making it tough for others to save them.

Also because of the large number of watercraft that will be out this holiday weekend and other incidents, emergency marine units may not be able to keep up with the demand of various medical incidents compared to land-based EMS crews. While boaters are trained in safety procedures and medical procedures, it is no replacement for professionally trained crews who can apply quick and extensive care to someone who is having a traumatic medical emergency.

The Florida Fish and Wildlife Conservation Commission reported that in 2010, Lee County ranked fifth in the state in boating accidents with 33. Most of the reported accidents occurred near Fort Myers Beach. Four fatal boating accidents occurred and 12 accidents involved people getting injured.

Collier County ranked ninth among Florida counties with 20 accidents and one fatality. In both counties, operator inattention was the number one cause of accidents among boaters.

Sadly, Florida leads the country in fatal boating accidents with 68 in 2009. But it's not completely unexpected because there are nearly 950,000 registered vessels statewide. Still, these accidents are preventable. Alcohol use was the number one reason for fatal accidents in Florida, with operator inattention and wild behavior among the other chief reasons.

More than 60 percent of all deaths on the water are drownings, with about 34 percent identified as trauma. Late afternoon and evening seems to be the time each day when accidents are most likely to occur.

Continue reading "Stay Safe on the Water This Fourth of July By Avoiding Boating Accidents in Southwest Florida" »

The Naples boating accident attorneys with Associates and Bruce L. Scheiner, Attorneys for the Injured, have been tracking the outcome of a local Sea-Doo lawsuit that reached a federal jury last week -- A 21-year-old Naples woman saw the $1.75 million she was initially awarded reduced to zero, the Marco Eagle reports.

The woman, who is now a Florida Gulf Coast University student, was injured after slipping from the jet-ski on May 20, 2007. As an inexperienced passenger who had never ridden a personal watercraft prior to the accident, she was unfamiliar with the potential hazards – a point that would become a key issue of courtroom debate.

In an emotional retelling, she told the jury how she sustained serious internal injuries after water from the jet thrust shot inside her. Due to the severity of her injuries, the former cheerleader was required to wear a colostomy bag during the last few months of high school. She has ongoing medical issues from the accident and can only give birth by Caesarean section.

While the jury found the Sea-Doo driver and owner negligent, it found no negligence on the part of the manufacturer, which was the claim of the federal lawsuit.

With the holidays quickly approaching, seasonal visitors will be flocking to beach side hotels, motels and rental properties all over South Florida. That means that inexperienced and veteran boaters alike will be taking to the waterways.

Regardless of warning labels and stickers and even the advice and instruction of rental agents, it’s a good idea for anyone considering boarding a boat or taking a personal watercraft for a spin to take a boater safety course before climbing aboard. At the very least, read the owner’s manual and operator instructions before donning a life vest and heading out to sea.

And despite liability waivers and other actions rental companies take to protect themselves, such steps do not automatically absolve them from the responsibility associated with renting poorly maintained equipment or permitting rentals to customers who clearly lacks the skills or abilities to operate such vehicles in a safe and responsible manner. Those injured in a boating accident or JetSki accident should consult a personal injury lawyer in Fort Myers or Naples to discuss their rights.

The Florida Fish and Wildlife Conservation Commission reports that in 2009 alone, more than 70 percent of those injured in a personal watercraft accident were using borrowed or rented equipment. Operator inexperience, speeding and inattention were the top three leading contributors to South Florida personal watercraft accidents. And, the FWC further noted that most injury accidents involved a passenger or driver falling from the craft or striking another vessel or stationary object.

Continue reading "Watercraft accidents a winter danger in Naples and Fort Myers" »

Law enforcement began November with an operation aimed at improving boater safety and targeting unsafe behavior on the water in an effort to reduce the risk of serious and fatal boating accidents in Fort Myers, Naples and the surrounding areas as winter residents and tourists begin flocking to the area.

The Fort Myers Police Department and the Lee County Marine Task Force teamed up for the first joint operation of the year, conducting safety inspections and looking for speed and other safety violations, including careless operation and boating under the influence.

Collier County boating accidents place the county sixth in the state, with 35 accidents last year. A total of 35 Lee County boating accidents placed the county seventh in the state for highest number of serious and fatal boating crashes.

The goal of "Operation Safe Boat" is to promote a safe boating environment and prevent serious injury and death as the winter boating season begins.

Boat owners and operators are encouraged to conduct routine safety inspections, including a check of navigation and anchor lights, as well as fire extinguishers and that the proper number of Coast Guard approved life vests and other safety equipment are aboard and in good working order.

Joining the periodic enforcement operations this winter will be the Lee County Sheriff's Office, the Cape Coral Police Department, the Sanibel Police Department, Florida Fish & Wildlife Conservation Commission and the U.S. Coast Guard.

Boaters or residents who witness aggressive or impaired boating can dial 911 or use VHF Channel 16.

Florida is the boating capital of the United States. The Florida Fish and Wildlife Conservation Commission publishes an annual report detailing Florida boating accident statistics.

-In 2009, the state had nearly 1 million registered vessels -- 982,470.

-There were 620 reportable boating accidents in 2009.

-70 percent of operators in boating accident had no formal boater education.

-Monroe County (Florida Keys) reported the highest number of boating accidents --77 accidents, 3 fatalities, 52 injuries.

-39 percent of fatal accidents were falls overboard.

-52 percent of fatal accidents involved vessels less than 18 feet in length.

-Drowning is the leading cause of death (69 percent).

Whether you and your loved ones will be fishing, boating, drinking or driving, the Fort Myers accident lawyers at Associates and Bruce L Scheiner, Attorneys for the Injured, encourage everyone to celebrate responsibly and enjoy the long Labor Day weekend.

Twenty-three motorists were killed in accidents over the Labor Day weekend last year, according to the Florida Department of Highway Safety and Motor Vehicles. In 13 of those cases, drunk driver's were responsible. Please do your part to drive safely and avoid a Fort Myers car accident this weekend.

As we reported on our Florida Injury Lawyer Blog, local law enforcement will be out in force throughout the Labor Day weekend as part of the state's "Over the Limit. Under Arrest" campaign. Nationwide, law enforcement in all 50 states will be participating. The campaign runs through Labor Day weekend and includes $13 million in public service announcements on television and radio.

“Drunk driving is deadly, it’s against the law, and unfortunately, it’s still a problem,” said U.S. Department of Transportation Secretary Ray LaHood. “With the help of law enforcement around the country, we are going to continue doing all that we can to stop drunk driving and the needless tragedies that result from this reckless behavior.”

Nationwide, someone dies in a drunk driving accident every 45 minutes, according to the National Highway Traffic Safety Administration. During a holiday weekend, motorists are at an even greater risk.

Florida Holiday Traffic Fatalities in 2009:

New Year: 34
Memorial Day: 22
Fourth of July: 30
Labor Day: 23
Thanksgiving: 36
Christmas: 28

The National Safety Council reports approximately 54 motorists will be injured for every fatality victim, meaning more than 1,200 Florida motorists will be seriously injured this weekend.

Boating Safety:

Traditionally, Labor Day is also the last big boating weekend of summer. The Florida Fish and Wildlife Conservation Commission reports that Naples boating accidents made Collier County the sixth-most dangerous area in the state in 2009, with 35 boating accidents reported.

Fort Myers boating accidents ranked Lee County seventh most-dangerous. It also reported 35 accidents last year. Operator inattention, no proper lookout, reckless operation and excessive speed were the top causes.

Many boating accidents are also alcohol related. Last year, 65 people were killed in more than 600 reported boating accidents in Florida.

Continue reading "Fort Myers accident lawyers wish you a safe and enjoyable Labor Day weekend" »

It’s prime boating season in Florida and its no wonder - the weather is perfect. Most of the boating accidents that happen in our state occur during the months of March, April and May when residents and tourists are enjoying our coastline and inland waters.

While cruising in a motorboat is a great recreational activity, it’s not without hazards. Did you know that the state of Florida was first in the nation for boating accidents in 2008? The US Coast Guard’s report on recreational boating shows that Florida had 616 reported accidents causing over $22.7 million in property damage during 2008 alone. In Southwest Florida’s three counties, Collier county ranked number 6 in the state for the highest number of accidents, Lee county ranked 9th and Charlotte county ranked 19th. Most of these accidents happened in broad daylight during afternoon hours and were caused most often by operator inattention to surroundings and other vessels.

So what can you do to be safer in the water?
First and foremost, be aware of your surroundings and attentive to vessels nearby, both moving and anchored. Realize that when the engine is off, a boat will drift with the current and could move into a potentially dangerous situation.

Operate the boat properly with all passengers seated and cruising at or below posted speeds. Review and have on hand the safety equipment required by the U.S. Coast Guard including:
• Life jackets in the proper size for every passenger
• Navigation lights
• Fire extinguisher
• Ventilation system
• Backfire flame control device
• Muffler
• Distress signals
• Sound devices
• Diver down flag if diving from the vessel
• Operable marine sanitation device if a toilet is installed
• State registration numbers

Larger vessels will have additional requirements. Check with the U.S. Coast Guard regarding requirements for your boat.

Boat sober. Boating under the influence (BUI) is against the law. “While our many miles of wide-open, sparkling local waters may lull boaters into the belief that nothing can go wrong, the fastest way to end a beautiful day on the water is to operate your vessel under the influence of alcohol,” says P.J. Scheiner, attorney with Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. In fact, the US Coast Guard reported that Florida was second only to California for the highest number of boating accidents, boating injuries and boating fatalities caused by alcohol use in 2008.

The Florida Fish and Wildlife Conservation Commission website states, “A vessel operator suspected of boating under the influence must submit to a sobriety test and physical or chemical test to determine blood- or breath-alcohol content.”

Even though it’s only required of operators under age 21, boating safety classes are a good idea for all operators on the water. The safety course will teach the operator about navigation using charts, markers and buoys; programming and using a GPS device; required safety equipment; and recognizing different weather conditions. Boating safety courses are offered by the US Coast Guard Auxiliary and the US Power Squadron. The Power Squadron also offers free, confidential safety inspections of recreational boats to make sure your equipment is in proper working order. There are eight different Power Squadron branches throughout Southwest Florida, visit www.usps.org for a list. Keep in mind that law enforcement can stop any vessel for the purpose of checking compliance with safety and equipment regulations. Knowing what’s required can keep you on the water and having fun.

Safety at Sea Can Prevent a Serious Accident

Just as our area roadways experience more traffic with the onset of the annual tourist season, so do our waterways. Recreational boaters increase dramatically as part-time residents and visitors from around the world descend on Southwest Florida, and enjoy its ideal waterfront lifestyle.

Florida has the highest number of registered boats in the country – over 1 million as of 2008 - according to the Florida Fish and Wildlife Commission, (FWC), Department of Law Enforcement. Lee County alone, with its miles of sandy shoreline, rivers and inlets, accounts for over 50,000 registered vessels, making this one of the hot spots for boating accidents and increased boating safety awareness. In fact, the top 10 Florida counties as ranked by boating accidents include Collier County at number 6, and Lee County at number 9, for the year 2008. The vast majority of accidents on the water involve collisions with another vessel, and the large majority of those have been found to be due to lack attention by the boat’s operator. Of course, just as on the highway, alcohol use plays a primary role when analyzing Florida boating accidents. The Coast Guard and other law enforcement agencies enforce strict laws regarding boating under the influence, (BUI), laws, with severe penalties for those found guilty of the offense.

While there have been fewer “reportable” boating accidents in Florida waterways from 2002 to 2008 that may just be a technicality. Effective July 2003, the threshold for what is termed a reportable boating accident, which is measured in dollar value of damages incurred, was increased from $500.00 to $2,000.00, which explains the decline in the number of “reportable accidents”. Federal law states that if you are involved in a boating accident, you are responsible for reporting it to the proper state agency. The U.S. Coast Guard provides an official form for doing so, and it can be found here: http://www.uscgboating.org/assets/1/Publications/cg3865barform2008.pdf.

Boating safety is the key element to an enjoyable day on the water. It is recommended that every boat operator take a certified boating safety course, which can be done through the U.S. Coast Guard Auxiliary, the U.S. Power Squadron, the Florida Fish and Wildlife Conservation Commission, BOAT U.S. Foundation, and several other outlets. The U.S. Coast Guard offers some basic boating safety tips that could prevent a serious, life-changing accident:

Wear Your Life Jacket While Boating: Life jacket use by all boat occupants can reduce drownings. Coast Guard-approved life jackets are now more attractive in appearance and comfortable to wear. When properly fitted, a life jacket or PFD (personal flotation device) can help to prevent a tragedy.

Avoid Alcoholic Beverages While Boating: Alcohol use affects judgment, vision, balance, and coordination. Reports suggest that alcohol was a contributing factor in about one in five boating fatalities.

Complete a Boating Education Course: Most reported incidents in 2006 involved operator-controllable factors. The primary causes of incidents were carelessness or recklessness, operator inattention, operator inexperience, and unsafe speeds.

Participate in the Vessel Safety Check (VSC) Program: The Vessel Safety Check (VSC) is a free public service provided by the U.S. Coast Guard Auxiliary and U.S. Power Squadron volunteer organizations promoting boating safety. These volunteer personnel check safety equipment and provide information about equipment purpose, safety procedures and applicable regulations. For more information on the VSC Program, visit their web site: http://www.vesselsafetycheck.org./

Be Aware of the Risk of Carbon Monoxide (CO) Poisoning: All internal combustion engines emit CO, an odorless, colorless, poisonous gas. In the early stages, the symptoms of CO poisoning are similar to seasickness and CO can kill in a matter of minutes. There is potential for CO poisoning during the use of air conditioning powered by an onboard motor generator; the operation of any gasoline-powered engine while docked and/or rafted with other boats operating engines; swimming or floating near an idling boat engine; or running a boat, or being underway with improper cabin ventilation. To avoid CO poisoning, be aware of the risk, ensure sufficient ventilation, properly install and maintain equipment, and use CO detectors, especially in living and sleeping areas.

Be sure to check state and local requirements before boating. There are different rules and regulations for operator-age, safety equipment, etc., in different parts of the country.

Senior personal injury attorney Bruce L. Scheiner, founder of the law firm that bears his name, says he and his team of boating accident experts have handled many boating accident cases in which severe injuries were avoidable, had more precautions been taken. “Southwest Florida is known as a boating paradise, and our vast amount of open waters are a great place to enjoy recreational boating activities, Scheiner noted. “Unfortunately, and especially when someone chooses to operate a boat while impaired by alcohol or drugs, a fun-filled day on the water can turn into a devastating experience.”

If you or someone you love has been injured as a result of a boating or personal watercraft accident, the lawyers at Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., are dedicated to fighting for justice on your behalf. And, you pay us nothing unless we are successful on your behalf. Please visit www.focusedonjustice.com or call 1-800-DIAL-BLS to learn how we may be of service.

This weekend is Labor Day weekend. Be careful!

With ready access to so many bodies of navigable water in and around Southwest Florida, it comes as no surprise that accidents involving personal watercraft are common. Sometimes referred to as “jet skis” or “water bikes”, these forms of aquatic transportation are plentiful on our area waterways, and their capability for speed can make an unsafe operator and those around him prime candidates for a serious injury.

In 2001, there were 309 PWC accidents in Florida. Of those, 121 were caused by the careless or reckless driving of the vessel’s operator.

Florida personal injury lawyers remind you that not only are owners of PWC at risk for a serious accident, but Florida is home to many rental outlets which rent the powerful vessels to vacationers who may have never operated one in their lives. To that end, the Florida Fish & Wildlife Commission has published their JetSmart Handbook, a valuable resource filled with operational safety information developed to make PWC use a safe recreational activity. The main section relating to PWC Rentals states:

“A person must be at least 18 years old to rent a PWC in Florida. A rental facility shall not rent any vessel that does not have proper safety equipment on board, exceeds the recommended engine horsepower or load capacity (as stated on the capacity plate), or is not seaworthy. The facility must provide pre-rental or pre-ride instruction on the safe operation of the vessel if it has a motor of 10 horsepower or more. All renters are required by law to have a boater education ID card, must have the card or its equivalent in their possession and display it before the facility may rent to them. PWC rental agents must provide an on-the-water demonstration and a check ride to evaluate the proficiency of renters. All liveries must display boating safety information in a place visible to the renting public. PWC rentals must display safety information on the proper operation of a PWC. The information must include: propulsion, steering and stopping characteristics of jet pump vessels, the location and content of warning labels, and how to properly re-board a PWC. This instruction also must include the applicable Navigational Rules to PWC operation, problems with visibility and being seen by other boaters, reckless operation, noise, nuisance, and environmental concerns while operating the PWC on Florida waters”.

“Florida is a great place to enjoy a multitude of water sports, and boating is by far the most popular”, says attorney PJ Scheiner of Associates and Bruce L. Scheiner Personal Injury Lawyers. “Personal watercraft safety is a serious concern. It is the responsibility of those who rent watercraft to the novice operator to insure the watercraft is used in a lawful manner. This would help prevent what could be a serious accident on the water."

If you or a loved one is injured, contact Associates and Bruce L. Scheiner, Personal Injury Lawyers. Focused on justice since 1971.

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" »

As Southwest Florida boating season begins in earnest with the upcoming Memorial Day weekend, Florida injury lawyers urge safe boating practices to avoid boating accidents.

Lee County kicked off National Safe Boating Week with a demonstration of safety gear on Thursday at Centennial Park in downtown Fort Myers.

Florida leads the nation in registered boats. And Lee County's 50,464 registered boaters rank it fourth in the state for the number of boats on the water. But the county's 30 percent decrease in accidents last year has area officials optimistic.

"We were blessed last year that we had a low year in the number of boating accidents but we should not get complacent," Florida Fish and Wildlife Conservation Commission Capt. Denis Grealish told The News-Press. "We still have a very active and busy boating county with 50,000-plus registered motorboats and 230 square miles of inside coastal waters."

Besides Grealish's FWC law enforcement unit, Lee waters are patrolled by the U.S. Coast Guard; the U.S. Fish & Wildlife Service; the Florida Department of Environmental Protection; the Lee County Sheriff's Office; the Fort Myers, Cape Coral and Sanibel police departments; and the Army Corps of Engineers at the W.P. Franklin Lock on the Caloosahatchee.

"I really have to credit the reduction to the boaters of Lee County, for exercising good safe boating practices, as well as to our Lee County Marine Law Enforcement Task Force," Grealish said.

According to the U.S. Coast Guard's 2007 statistics, 5,191 accidents caused 3,673 injuries and claimed 685 lives. Property damage was estimated at $53 million.

If you are boating on the water, the operator of your vessel has an obligation to boat responsibly, provide occupants with life vests and follow the rules of the water. And other vessels have an obligation to boat responsibly so that everyone may enjoy their time on the water.

Coast guard statistics show:
* 90 percent of drowning victims were not wearing life jackets.
* Alcohol was the leading contributor in one-fifth of all boating fatalities.
* Only 14 percent of boating fatalities occurred on boats where the operator had received boating safety instructions.
* The most reported type of accident is collision with another vessel. However, capsizing and falls overboard are the most reported types of fatal accidents and account for the majority (60 percent) of boating deaths.
* Operator inattention, careless/reckless operations, excessive speed and passenger/skier behavior are the leading contributors to accidents.

Boat responsibly. Wear a life jacket. Never boat under the influence. Take a boating safety course and get a free vessel check.

Continue reading "Florida boat accidents decline, Florida injury lawyers urge safety review during National Safe Boating Week" »

The Florida injury lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, begin 2009 with a new toll-free phone number, 1-800-Dial-BLS.

Whether you are injured in a car accident, motorcycle accident, truck accident or are the victim of a drunk driving crash or other personal-injury or wrongful-death situation, representatives are available 24 hours a day at 1-800-Dial-BLS to review your case.

The firm has four decades of experience handling car accidents and other personal injury cases throughout Southwest Florida, including Fort Myers, Naples, Cape Coral, Arcadia, Port Charlotte, Venice and Sebring.

Started in 1971 by Bruce L. Scheiner, the family-run firm is dedicated to representing Florida residents who have been injured by the negligent or careless acts of other individuals, businesses or insurance companies.

The firm has never worked for big businesses or insurance companies and practices exclusively in the area of personal injury law. Unlike many other firms, which split their attention between personal injury cases and other types of law, like divorce, real estate and criminal cases, Associates and Bruce L. Scheiner, Personal Injury Lawyers, is a team of almost 100 professionals dedicated to fighting for justice for those how have been injured or killed in Florida.

Bruce L. Scheiner still hand selects each case the firm represents. Together with his wife Cheryl, who runs the office, and son, Preston J. Scheiner, who is an associate attorney, the Scheiner team is dedicated to getting you and your loved ones the compensation you deserve.

After four decades of service in Southwest Florida, there promise to you is simple: at Associates and Bruce L. Scheiner, Personal Injury Lawyers, you'll pay nothing unless we win.

Look for the new toll-free hotline throughout Southwest Florida, on billboards, on television, in the yellow pages and online.

Continue reading "Florida injury lawyers debut 1-800-Dial-BLS, for car accident, motorcycle accidents, truck accidents and other personal injury questions in Southwest Florida" »