Florida Injury Lawyer Blog

The National Safety Council uses the month of June every year to recognize National Safety Month. This entire month focuses its efforts on reducing the risks of unintentional injuries in Fort Myers and elsewhere. The most recent focus of this month's safety efforts was the causes and consequences of slips, trips and falls.

Falls are among the top causes of unintentional injuries across the country. These accidents result in nearly 9 million visits to emergency rooms every year. Adults that are 55-years-old and older are more prone to becoming victims of falls. Many times the result of these falls is the inability to lead an active and independent life. Risks of severe injury only increases with age as those who are 65 or older are involved in 4 times as many deadly falls as those in any other age group.

Our Naples personal injury attorneys recognize the severity of these types of accidents. What we also would like to remind you of is that many of these injuries and deaths can be prevented by taking the proper safety measures. Homeowners and business owners are urged to keep their properties maintained and free from slip, trip and fall hazards.

How can a homeowner reduce the risk of a fall accident in their house?:

-Reduce all potential tripping hazards. Safely secure all loose rugs, tiles and wood panels.

-Add grab bars and railings where needed.

-Clean up wet floor surfaces immediately and allow to dry completely.

-Improve the lighting throughout the entire house. Improved lighting means improved visibility.

How can an a business owner reduce the risk of a fall on their property?

-Remove all debris from walkways. Make sure floor areas are clear and smooth for visitors.

-Clean up spills or any wet areas as soon as possible.

-Clearly display caution signs warning visitors if a surface may be wet or a tripping hazard may be present.

-Reduce all tripping hazards. Safely secure all loose rugs, tiles and wood panels.

-Ditch the dim, mood lighting. Dimly lit spaces can increase the risks of a fall.

How can an individual prevent their risk of a fall?

-Exercise regularly. Be sure that when you do your exercises that you're focusing on moves that increase leg strength and improve balance.

-Have your eyes checked regularly. Be sure that you eyeglass prescription is up-to-date to maximize vision.

-Talk to your doctor. Check with them to see if any combination of your medications can result in dizziness or drowsiness.

According to the Centers for Disease Control and Prevention, one in every three adults fall each year and many suffer from severe injuries, such as head trauma and hip fractures. These falls can greatly increase your risk of an early death.

Falls are the number one cause of injury death to residents who are 65 and older. Falls are also the number one cause on nonfatal injuries and admissions into the hospital for trauma. In 2009, there were more than 2 million nonfatal fall injuries among older adults that resulted in treatment from an emergency room. More than 581,000 of these older adults were hospitalized. More than 18,000 older adults died from these unintentional injury falls in 2007 alone. During that year, more than 81 percent of all fall victims were older adults. These death rates from falls among older residents have witnessed a significant increase over the last ten years.

Direct medical costs of falls costs more than $19 billion in 2000. Fatal falls totaled roughly $179 million while nonfatal injuries cost approximately $19 billion.

Continue reading "Older Residents More Likely to Die from a Fall Accident in Fort Myers" »

Last week our Cape Coral injury lawyers reported on the risks and complications associated with traumatic brain injury in the wake of the tragic shooting of Gabrielle Giffords. As we said, most brain injury cases are caused by falls and auto accidents, not by assault.

Another type of catastrophic injury associated with car accidents, falls and other types of trauma, is spinal cord injury. Depending on how high in the spine an injury occurs, lower extremities or both lower and upper extremities may be impacted. A high injury near the neck may result in tetraplegia or quadriplegia, which affects arms, truck, legs and pelvic organs. While an injury lower in the spine may result in paraplegia, which affects all or part of the trunks, legs and pelvic organs.

A spinal cord injury may be complete -- meaning no feeling or function survives below the injury site, or partial, meaning the victim may retain some sensory or motor function below the site of the injury.

Leading causes of spinal cord injuries include:

-Motor Vehicle Accidents: Leading cause responsible for nearly half of all spinal cord injuries.

-Violence: 16 percent are caused by violence, including knife and gunshot wounds.

-Falls: Spinal cord injuries in those over the age of 65 are most often caused by a fall.

-Sports and recreational activities: Are responsible for about 12 percent of all spinal cord injuries.

These injuries frequently result in the need for long-term care and can have life-long medical complications, including respiratory and circulatory problems, problems with muscle tone and control and sexual dysfunction, according to the National Institutes of Health.

The Centers for Disease Control and Prevention reports about 200,000 people are living with a spinal cord injury in the United States. About 20,000 new cases occur each year.

The average lifetime medical costs for someone with a spinal cord injury is $500,000 to $3 million, depending on the severity of the injury.

Like with any type of catastrophic injury, seeking experienced legal help is critical. Insurance companies and their attorneys know what is at stake and will often make a fast settlement offer, sometimes even bringing a check to a victim's home or hospital room. Please do not make any statements or sign any documents until speaking to an experienced and well-qualified law firm.

Continue reading "Car accidents a leading cause of spinal cord injuries in Fort Myers" »

Black Friday gets the attention, but the next two weeks are make or break time for retailers, big-box stores and area malls looking to cash in on the holiday season. Business and property owners must work at least as hard to ensure a safe environment for customers and invited guests as they do at drawing customers into their businesses with last minute sales.

Our premise liability attorneys in Fort Myers and Naples understand the common dangers faced by employees and customers of retailers through the holidays. A business or property owner has an obligation to maintain safe conditions and an environment free of common dangerous conditions like wet floors and loose handrails. When they don't, and a customer is seriously injured, he or she can and should be compensated for their injuries, including medical bills and pain and suffering.

Even the federal government issued a warning to start the holiday shopping season, when the Occupational Safety & Health Administration issued a stern reminder to some of the nation's largest retailers regarding their obligation to the safety and welfare of employees and customers.

"Crowd-related injuries during special retail sales and promotional events have increased during recent years," said Assistant Secretary for OSHA Dr. David Michaels. "Many of these incidents can be prevented... with guidelines for avoiding injuries during the holiday shopping season."

Common mall accidents and injuries on business property include:

-Slip and fall injuries

-Wet floors, loose handrails, crack or uneven sidewalks, dark or faulty stairwells

-Elevator and escalator accidents

-Dark parking lots

-Negligent security/Assault on business property

-Evacuation injuries

-Merchandise falling from shelving units

-Parking lot injuries

Continue reading "Holidays a dangerous time for accidents on business property in Fort Myers" »

Each year, large numbers of people, many of them elderly, are seriously injured or even killed due to a “slip and fall” accident. The Florida Department of Health reports that accidental falls are a major source of injury, permanent disability and even death for Florida residents, mostly to people over the age of 65. Approximately 53,000 residents required medical treatment or a hospital stay after an unintentional fall in 2007, and about 1,700 died as a result of their injuries.

An injury caused by a slip or trip and fall usually occurs on someone else’s property, which brings into question the property owner’s liability for the accident. The owner, or the person or company responsible for maintaining the property in proper condition so as not to cause an accidental fall, may be held legally responsible. This area of case law is referred to as “premises liability”, and many factors need to be researched and investigated to determine if there is any fault on the owner of the property.

There are several reasons that contribute to a slip and fall injury. Some may be caused by unsafe and dangerous surfaces, such as worn, bulging or ripped carpeting, uneven levels of flooring, wet floors or uneven or narrow stairwells. Sometimes the dangers are not visible to the person using the premises, such as improperly secured floorboards or wooden walkways, unsecured handrails and loose carpeting. Other injuries occur due to cracked sidewalks or parking lot pavement, an escalator that may not be functioning properly or even inadequate lighting in or near a building.

In order to determine fault in slip and fall injury cases, Florida personal injury lawyers are diligent and thorough in considering all of the mitigating circumstances in every situation. Often times, the accident is simply that – an accident, caused by the carelessness of the injured individual. The motor skills, vision and general health of the injured person are all factors to be considered, particularly with the large number of older residents in Florida. Other times, however, a lawyer who is familiar with the intricacies of slip and fall accidents can carefully examine the exact circumstances involved in the accident, and determine that it was the result of negligence on the part of the property owner.

A successful recovery for a slip and fall injury case must clearly indicate that the property owner created the unsafe condition leading to the accident, and that he or she knew the condition existed and failed to correct it. If a person is in a public place, they are entitled to being advised of any potentially dangerous or unsafe conditions that may exist. Should that person choose to proceed with full knowledge of the hazard, that person assumes at least a partial risk and liability for an accident. Other injuries occur when a property owner has attempted to rectify a hazardous situation, but the efforts were not adequate to properly solve the problem.

The Smallest Detail…
A personal injury lawyer who is properly trained to investigate slip and fall injury cases knows that even the most seemingly insignificant detail must be thoroughly examined to help determine liability. A tile or other hard surface floor can appear to be dry and safe to the naked eye, but perhaps there is an invisible residue of cleaning or sealing solution that renders the surface unsafe. The improper use and application of floor care products like waxes, cleaners, and sealants, and the implements used to apply them, can all result in a slippery and hazardous floor surface. In fact, the National Safety Council has determined that many slip and fall accidents occur because of incorrect application of certain oil-based cleaning products, and by the residue build up remaining on the floor surface after it has dried. Even though the floor may appear to be dry and safe for foot traffic, these hidden dangers can lead to a serious slip and fall injury.

“We have all seen the “caution – wet floor” signs in restaurants, malls and other commercial establishments”, says Attorney P.J. Scheiner, of the Associates and Bruce L. Scheiner Personal Injury Law firm. “But there are countless other factors that may lead to someone suffering a serious injury or even death caused by slipping and falling.” The Scheiner firm has been fighting for the legal rights of accident victims for nearly four decades, and utilizes an array of expert authorities to investigate things like uneven surfaces, proper lighting, construction codes and building practices, all of which can play a major role in determining exactly who is at fault in a slip and fall case. Call 1-800-DIAL-BLS to learn how our expertise and focus on justice can help if you or a loved one has suffered a slip and fall injury.

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.

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" »