Florida Injury Lawyer Blog

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" »