Florida Injury Lawyer Blog

Whether you’re at work, shopping at the mall or enjoying a movie at the local theater, your expectations are that you will be in a safe environment, properly protected by the property owner’s security and safety precautions. Yet, oftentimes a commercial business owner, landlord, educational facility or sporting event venue may not have the correct or proper security measures in place, and you may become a victim of their negligence.

Sadly, we’ve all seen the news stories where a recently terminated or disgruntled employee has taken his frustrations out on his former place of employment, resulting in the tragic loss of life and serious injuries to those he may have encountered. From a legal standpoint, several questions arise from such a shocking occurrence. Did the company have adequate security measures in place in order to prevent unauthorized access to the premises? Were security personnel, if present, properly trained to thwart such an attack? Workplace violence is a serious concern, with an estimated 1.7 million violent victimizations committed annually against persons at work or on duty. Physical attacks, rapes, and other acts of violence cost American businesses billions of dollars each year. Some may have been preventable had the business owner established stricter safety and security guidelines.

If you are walking through the local mall with your family and are suddenly attacked, it could be discovered that the owner of the property did not adequately live up to his duty to keep patrons safe and secure while on the premises. People are injured while attending sporting events, perhaps falling down or tripping in a stairwell that was not adequately illuminated. Sometimes, overzealous fans may instigate a physical altercation with one another, and you may be injured as a result. Did the owners and operators of the stadium have adequate and properly trained security personnel on hand?

“Unfortunately, injuries and even death can occur in a wide array of settings, at any moment, because of negligent actions on the part of those responsible for providing a secure environment. Our experience has shown that even when you think you are safe and protected, an injury can happen where you least expect it,” according to attorney
PJ Scheiner of Associates and Bruce L. Scheiner, Personal Injury Lawyers.

Some places in which negligent security may be a factor in a person being victimized include:

• School campuses and college dorm rooms
• Hotels, motels and resorts
• Sporting events
• Parades
• Cruise ships
• Shopping malls and mall parking lots
• Theme parks
• Hospitals and nursing homes
• Financial institutions and ATM machines
• Apartment and condominium complexes

If you or someone you know has been victimized as a result of what you feel may be a lack of security, we may be able to assist you. Our years of experience representing those injured due to the negligence of property owners or those charged with providing a safe and secure environment can be invaluable in your fight for justice. Please contact us today for a no-obligation consultation at 1.800.DialBLS or www.focusedonjustice.com

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.

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" »

Some 148,000 people suffer a car accident each year without ever getting behind the wheel: They are injured by a closing car door in what the federal government has announced is the most common non-moving injury inflicted by automobiles.

For the first time, the National Highway Traffic Safety Administration has collected data for non-traffic related death and injuries and non-crash related death and injuries to the ways in which people are seriously injured or killed in or around automobiles.

"It shows you don't have to be in a moving vehicle to be seriously injured," said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers.

Florida Injury Lawyers point out such cases can involve legal questions surrounding car accidents, bicycle and pedestrian injuries, property and premise liability law, slip and fall issues, injuries to children, vehicle defect, defective product law and other legal issues.

"The bottom line is, if you are seriously injured you should contact a lawyer to examine whether you have a case," Scheiner said.

Such dangers are now being tabulated by the federal government, including: falls from vehicle, battery acid and antifreeze burns, jack accidents, tire explosions, window strangulation, and those injured or killed by being locked in the trunk.

"I don't think anyone until now had an accurate sense of the extent of vehicle-related injuries and fatalities that did not occur on a public highway," NHTSA spokesman Rae Tyson told Forbes Magazine. "It certainly underscores the risks that exist in a vehicle whether it's on the road or off, and I hope it will call some attention to some of those issues."

The new statistics also shed light on what the government terms Nontraffic crash fatalities and injuries, including single-vehicle crashes on private roads, collisions with pedestrians on driveways and two-vehicle crashes in parking facilities.

Bicyclists and pedestrians account for about half (614 of 1,159) of non-traffic crash fatalities and about a third (34,000 of 98,000) of non-traffic injuries.

Backovers, where drivers injure or kill a non-occupant by reversing over them, account for another 19 percent of fatalities and 14 percent of injuries.

Annual average of non-crash fatalities by type:
Struck by falling vehicle: 168
Accidental carbon monoxide poisoning from exhaust: 147
Fall from vehicle: 88
Vehicle fire: 57
Struck by Object: 44
Hyperthermia (excessive heat): 37
Hypothermia (excessive cold): 14
Poisoning: 9
Exploding Tire: 7
Vehicle window asphyxia: 5
Electrocution: 4
Drowning: 3
Closed in trunk: 3
Radiator fluid burns: 2

The government reported that 22 percent of injuries (164,000 of 743,000) occur as people enter or exit a vehicle: falls (84,000), striking a door or door frame (36,000) and in other situations such as sprains or strains while exiting (44,000).

Continue reading "Florida motorists warned of car accidents waiting to happen" »

Amusement parks, festivals, daycare centers and other companies and businesses can be held responsible for injuries to children even if the parents sign a waiver, according to a recent ruling by the Florida Supreme Court.

The December 2008 ruling makes clear that such waivers are unenforceable if a lawsuit is brought seeking damages in Florida because of the injury or wrongful death of a child caused on commercial property.

Florida child injury lawyers and property and premise liability attorneys offer Floridians and visitors to the Sunshine State free professional advice to help advise them of their rights if either they or a loved one is injured or killed on someone else's property.

While the opinion in Kirton v. Fields makes it clear the ruling only involves commercial activities, the court indicated it would not be limited to that in the future and that the ruling could apply to school and other non-profit activities in certain instances.

The ruling stems from a 2003 case in which a father took his 14-year-old son to an ATV park, signed a waiver and then sued after the child was thrown from the vehicle and killed while attempting a jump.

"Business owners owe their patrons a duty of reasonable care and to maintain a safe environment for the activity they provide," Chief Justice Peggy Quince wrote in the majority opinion. The chief justice noted that businesses can provide insurance against injury while children who participate in such commercial activities do not have that option. "If pre-injury releases were permitted for commercial establishments, the incentive to take reasonable precautions to protect the safety of minor children would be removed."

Judge Harry Anstead concurred, writing that the issue comes down to whether the business was negligent, regardless of a waiver.

"Under today’s (ruling), commercial operators who properly conduct their operations and cannot be demonstrated to have acted negligently will continue to be free of liability," Anstead wrote. "On the other hand, Florida’s children and parents need not worry, after today’s decision, that careless commercial operators may be immunized from their carelessness by the presence of an exculpatory clause in a ticket for admission."

Continue reading "Companies can be liable for injured children even if parents sign waiver, Florida Supreme Court rules" »