Articles Posted in Premise Liability/Negligent Security

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Recently, a 67-year-old woman was killed in a Fort Myers Beach pedestrian accident. It happened on a Friday night when the pedestrian attempted to cross Estero Boulevard on Fort Myers Beach. She was crossing the street with her family when the accident happened. The driver involved in the accident says that he didn’t see the family or the victim in the road until it was too late, according to WINK News Now.
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“It’s not only during the tourist season, it’s off-season as well, where we experience fatalities, pedestrians, bicycles, people getting hit by cars,” said Fort Myers Beach Mayor Larry Kiker.

Our Fort Myers Beach accident attorneys understand that firefighters, officers and other officials on the beach hear these kinds of stories all too often, especially during Spring Break. In addition to pedestrian accidents, we have increased risks for drunk-driving car accidents and hotel-related accidents. It’s important that if you decide you are going to party during Spring Break, be responsible about it and make sure you know the rules, your limitations and your rights before things get out of hand.

Under our state’s law, hotel owners are required to minimize all of the dangers that can be found on their premises, in their rooms and on their balconies. For example, all hotel and condo balcony railings have to be at least 42-inches high. Florida state law also mandates that spaces between railing bars to be no more than four inches apart. Both of these requirements are to help to reduce the risks of a guests falling over or through the railing.

At the same time, hotel owners and managers are required to keep floors and walkways clear of debris or other fall-related hazards. Slick floors are to be cleaned immediately and warning signs are to be placed near these locations. In addition to regulating balconies and keeping walkways clean, property owners have a plethora of other regulations to follow to help keep you safe during your spring vacation. Make sure you’re aware of your rights and of the responsibilities of property owners before heading out.

While we ask all residents and Spring Break visitors to be safe and cautious during this year’s Spring Break festivities, we also ask hotel owners and managers to make sure that their facilities are safe and danger-free for visiting guests.

While owners and managers are in charge of keeping hotels, motels and condos safe for visitors, the Florida Highway Patrol (FHP) will be working to keep our roadways safe and free of drunk drivers. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), troopers have been combing our roadways in search of intoxicated drivers. This enforcement effort is all a part of the state’s Drive Sober or Get Pulled Over campaign. Troopers will also be looking for speeding drivers and drivers who aren’t buckled up!

“The Florida Highway Patrol continues to make DUI (Driving Under the Influence) enforcement a priority,” said FHP Director, Col. David Brierton. Having a designated driver and planning ahead will make your trip safer.”

Spring Break on Fort Myers Beach and elsewhere in Lee and Collier counties can be hectic. Residents and visitors are asked to be safe and responsible during their week of fun in the sun.
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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.
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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.
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Defective products in Fort Myers create substantial hazards for consumers. Holiday weekends can be a particularly dangerous time for both defective product injuries and premise liability injuries in Fort Myers and elsewhere in South Florida.

Our Fort Myers accident lawyers encourage you to check with the Consumer Product Safety Commission for defective product news when making a substantial purchase, such as a crib, gas grill or portable pool. And to use extra caution in supervising children around swimming pools this holiday weekend and throughout the year.
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Recent defective product news in South Florida includes:

-A 1-year-old child drowned in the family swimming pool after getting out through a dog door in Deltona Beach, Pet Access Dangers reported. It was the sixth reported drowning in Volusia County so far this year. The site reports 70 percent of preschoolers who drown are in the care of both parents at the time and 75 percent are missing from sight for 5 minutes or less. Even portable pools may pose a significant risk. CNN reported recently that 244 submersion incidents have been reported involving small portable pools in the last decade — in 209 cases the accident resulted in fatal injuries.

-Those concerned about defective vehicle injuries in Fort Myers should be aware that the Detroit News recently reported a recall of 50,000 Cadillac SRX crossovers, which need to have the airbag reprogrammed. The National Highway Traffic Safety Administration reports the right side airbag won’t deploy in a crash if no one is in the front seat — as a result, backseat passengers may not be fully protected.

-The Consumer Products Safety Commission is warning about the risks of small fireworks, such as bottle rockets and firecrackers, whether defective or not. “From purchase to ignition, know how you and your family can stay safe and which fireworks are allowed in your state if fireworks are part of your July 4th celebration,” said CPSC Chairman Inez Tenenbaum. “Never assume that a fireworks device is safe based on its size and never allow young children to play with or light fireworks. By knowing the dangers of all types of fireworks, consumers can prevent tragedies.”

Last year testing of fireworks shipments found that 43 percent were not compliant with the Federal Hazardous Substance Act, meaning users could be at increased risk of serious or fatal injury.

-The government has also announced a recall of 460,000 bottles and jugs of Pourable NAPAfire and FIREGEL. The gel fuel distributed by Napa Home and Garden of Duluth, Georgia can ignite unexpectedly and splatter onto people and nearby objects, creating the risk of Fort Myers burn injuries and of structure fires. The product was sold at Bed Bath & Beyond, Shopko, Restoration Hardware, and other stores nationwide. Consumers should stop using the fuel and return any unused portion for a full refund.
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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.
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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
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The Halloween season brings with it the increased threat of injuries resulting from premise liability issues and car accidents in Fort Myers and throughout South Florida.

Authorities will be conducting a drunk driving “Over the Limit. Under Arrest” campaign from Oct. 25 – 31, according to the National Highway Traffic Safety Administration. Drunk driving was responsible for more than half of the 4,900 people killed over Halloween weekends during the last decade.
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Nighttime is always a dangerous time to be on the road but Halloween night is frequently one of the deadliest nights on the road all year.

Car accidents are not the only danger during Halloween — Issues involving premise liability in Fort Myers are commonplace. More walking dark sidewalks is done on Halloween night than all year long. Children are at increased risk of a whole host of injuries, including Fort Myers pedestrian accidents. And trick-or-treaters and/or guests or party goers can be subjected to everything from slip and fall accidents to dog attacks and swimming pool accidents.

When it comes to Halloween, pretty much anything can happen.

The Centers for Disease Control and Prevention provides a fun list of safety tips that spell “Safe Halloween:”

-Swords, knives and other costume accessories should be soft and flexible.

-Avoid trick-or-treating alone.

-Fasten reflective tape to your costume to make yourself more visible to drivers.

-Examine treats for choke hazards and tampering.

-Hold a flashing so you can see and others can see you.
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-Always test make-up in a small area and remove promptly to avoid irritation.

-Look both ways before crossing the street.

-Lower your risk for eye injury by not wearing costume lenses.

-Only walk on sidewalks or on the far edge of the road facing traffic.

-Wear well-fitting masks, costumes and shoes.

-Eat only factory-wrapped candy.

-Enter homes only with a trusted adult.

-Never walk near lit candles and be sure to wear flame-resistant costumes.
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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?

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fireworks.jpgAs 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.

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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.
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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.

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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).
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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.

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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.”
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Contact Information
Fort Myers Headquarters
4020 Evans Ave
Fort Myers, FL 33901
Phone: 239-939-2900
Cape Coral
1407 Del Prado Blvd S #11
Cape Coral, FL 33990
Phone: 239-772-0099
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Phone: 239-597-1201
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Port Charlotte, FL 33952
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Fort Myers, FL 33906

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