Florida

March 6, 2017

3 Apple Sauces Recalled From Trader Joe’s Due to Risk of Glass Pieces

by Whittel & Melton, LLC

Manzana Products Co. Inc. is voluntarily recalling three different types of Trader Joe’s apple sauces because of the potential presence of glass pieces.

The three applesauces recalled are:

Trader Joe’s All Natural Unsweetened Apple Sauce
Trader Joe’s Organic Unsweetened Apple Sauce
Trader Joe’s First Crush Gravenstein Unsweetened Apple Sauce

Each apple sauce is packaged in a 24-ounce glass jar, and customers can find the “best before” date stamped on the top of the lid.

The recall was initiated after the company received customer reports of glass found in some of these products.

The company said that all products have been removed from store shelves and destroyed.

Customers who have purchased the products listed above should not consume them. They may return them to Trader Joe’s for a full refund or throw them away.

Call Manzana Products Co. Inc. at 707-823-5313 with any questions.

Swallowing glass can pose serious health concerns. Sharp foreign objects, like glass, can cause laceration, puncture or other physical injury to someone’s teeth, jaw, tongue, perioral tissue, pharynx or esophagus. Once swallowed, glass or any foreign body can also cause injuries to the stomach, intestine or rectum while passing through the lower gastrointestinal tract. In some cases, the foreign matter cannot be passed and requires surgery.

Another concern of swallowing a foreign object, like glass, is the choking hazard. If a shard of glass is caught in a person’s throat, this can result in hypoxic brain injury or asphyxia related death.

February 28, 2017

Cruise Ship Passenger Injured Aboard Miami Cruise Ship

by Whittel & Melton, LLC

A cruise ship passenger alleges he was injured after he slipped and fell near the food court on the ship.

The man filed a suit on Feb. 16 in the U.S. District Court for the Southern District of Florida against Celebrity Cruises Inc. alleging negligence.

According to the complaint, the man alleges that on Nov. 9, 2015, while aboard the cruise ship, he slipped and fell while walking on a slippery area near the food court. As a result, he alleges he suffered pain, loss of earnings and incurred medical expenses.

The man holds Celebrity Cruises Inc. responsible because they failed to conduct routine inspections of the area, failed to warn passengers of wet or contaminated floor surface and failed to establish, implement and enforce policies and procedures regarding the proper maintenance of the area.

Cruise lines are responsible for warning passengers of known dangers, however they are not required to warn of open and obvious dangers. Open and obvious dangers are those that should be obvious to a passenger using common sense. When slapped with a slip and fall claim, cruise lines will often use this defense to claim the cruise ship had no duty to warn its passengers of the obvious danger. The success of this defense depends on the unique circumstances of the case and the injuries involved.

Our Florida Cruise Ship Injury Lawyers at Whittel & Melton know that slip, trip and falls suffered aboard a cruise ship can leave you in great pain and unable to go back to work to earn a living. These cases can be complex, which is why you need knowledgeable representation to go up against the cruise ship industry.

February 22, 2017

Carnival Fascination Passenger Was Injured Getting Out of Hot Tub

by Whittel & Melton, LLC

A Kentucky woman claims a slippery deck near a hot tub on a Miami-based cruise ship caused her to fall.

The woman filed a complaint on Feb. 13 against Carnival Corp., doing business as Carnival Cruise Lines Inc., alleging negligence.

According to the complaint, the woman claims that on Feb. 26, 2016, she suffered serious physical injuries when she slipped and fell while exiting the Jacuzzi onboard the Carnival Fascination. She holds Carnival Cruise Lines Inc. responsible because they failed to warn the her regarding the slippery surface while exiting the Jacuzzi.

If you were injured in a cruise ship accident, you are not alone. Countless cruise ship passengers are injured every year, usually do to the negligence of a cruise line or its employees. Sadly, most of these injuries are 100 percent preventable. Slip, trip and fall accidents make up the majority of these incidents, resulting in a plethora of injuries including head injuries, broken bones, and spinal cord injuries. In most cruise ship slip, trip and fall cases, financial compensation can be sought by filing a personal injury claim.

While there are numerous ways a slip, trip and fall accident can occur, negligence is usually a contributing factor. The key to gaining a successful outcome for your claim, is proving negligence and showing that the negligence caused injuries to the victim.

February 14, 2017

Kane’s Furniture In Florida Settles Class Action Suit

by Whittel & Melton, LLC

A preliminary settlement has been reached in a class-action lawsuit filed against Kane’s Furniture that accused the store of failing to honor lifetime warranties for defective “bonded leather” furniture that peeled, flaked and deteriorated.

Notices to about 15,000 customers who purchased the furniture were put in the mail starting Friday providing details and asking them to submit claims by April 11 for full or partial refunds or store credits, according to court records.

Kane’s admits no wrongdoing in the settlement. It has blamed the Mississippi manufacturer that sold the furniture to Kane’s for defects and the inconvenience caused to customers. Kane’s actually filed a suit against that manufacturer in a case that was later settled.

A Kane’s spokeswoman said they are happy to settle the suit and would have never purchased the product if they had known it was inferior or defective.

Anyone who complained to Kane’s about problems with the furniture within a year of purchase is eligible for a 100 percent refund of the purchase price or a store credit, documents show. Anyone who complained after a year — but no later than two years — is eligible for a 50 percent refund or a credit valued at 100 percent of the purchase price.

Additionally, Kane’s has agreed to pay up to $2.5 million to those customers who did not complain within two years and others who never complained, ranging from 5 percent to 100 percent of the purchase price, depending on when the furniture was purchased, the claims notice says. That will be paid out in the form of a 60 percent store credit and a 40 percent cash payout.

Any payment made to Kane’s for furniture repair counts toward the refund or credit, the settlement says. Customers who have already received an exchange, credit or refund are not eligible for additional payments or credits.

The settlement involves furniture sold from July 27, 2010, through Dec. 5, 2016. At issue was furniture manufactured by Southern Motion Inc. using bonded leather, a synthetic, processed leather like substance that contains less than 17 percent actual leather.

When a product does not live up to its promise or it causes injury due to a bad design or manufacturing defect, the manufacturer is responsible. Manufacturers have a duty to design their products and test them to industry standards. If they know of any hidden or potential dangers, they must warn consumers. They must also stand behind their product, so if they know of a design flaw, they must make sure consumers are aware. In most defective products cases, large numbers of consumers experience similar issues due to the same design flaw.

February 6, 2017

Man Alleges Carnival Cruise Line’s Negligence Caused Him to Slip On Wet Deck

by Whittel & Melton, LLC

A Carnival passenger alleges he was injured because he slipped on a deck that was wet with rain.

The man filed a complaint on Jan. 23 in the U.S. District Court for the Southern District of Florida against Carnival Corp. alleging negligence.

According to the lawsuit, the man alleges that he sustained physical injuries when he accidentally slipped and fell due to a deck wet because of rain. The man holds Carnival Corp. responsible because they failed to warn the man of the hazardous condition of the lido deck.

All areas on a cruise ship that see a high volume of foot traffic must be must be free of dangers, and that includes any wet or slick surfaces that could result in slip, trip or fall injuries. Cruise line companies could be responsible for slip, trip and fall accidents that occur because of hazards employees create. Dangerous or hazardous conditions include slick or slippery surfaces and a failure to warn passengers of the wet area or failing to undertake reasonable safety precautions.

If a cruise line creates a dangerous condition or does not work to remedy the situation in a reasonable amount of time, they could be liable for all injuries they have caused. This negligence on the cruise ship’s part could mean you are entitled to recover financial compensation for your injuries.

December 23, 2016

WARNING: Accidental Shooting Deaths Spike During The Holidays

by Whittel & Melton, LLC

The most wonderful time of the year is also among the deadliest.

According to an analysis by the Associated Press and the USA Today Network, unintentional shootings spike in the U.S. during the holidays.

The analysis determined that 32 people were killed nationwide and 59 injured over the past two years from Christmas Eve through New Year’s Day — which is the most likely day for accidental shootings each year.

The victims were mostly male and young, with a median age of 19. Nearly half the shootings were self-inflicted, and most occurred in their own homes.

The AP and USA Today Network looked at holiday shootings after an earlier investigation found that accidental shootings involving children happen far more often than federal government statistics show.

Based on incidents compiled by the Gun Violence Archive, they found that more than 320 minors were killed by unintentional shootings over a 2½ year period that ended June 30.

Several factors contribute to the increase:

Children and teenagers are out of school for the holidays and have access to unsecured guns at their homes and those of relatives and friends.
Adults are drinking alcohol and inattentive to gun safety or their children.
New guns are given and received as gifts in the tens of thousands.
It’s a popular time of year for hunting.

December 20, 2016

Selfie Gone Wrong: St. Pete Man Arrested After Accidentally Firing Handgun

by Whittel & Melton, LLC

A man was arrested after a selfie with a handgun in the bathroom of an adult entertainment club went wrong on Friday.

St. Petersburg police said that the 34-year-old man went to the bathroom at Club Lust to take a selfie with the gun.

Somehow, the gun went off and the bullet went through to the women’s restroom next door.

Police said that the man tried to run. He was arrested and charged with being a convicted felon in possession of a firearm, possession of Xanax and possession of marijuana less than two grams.

It is unknown if anyone in the women’s restroom was injured by the bullet.

Gun violence is a huge problem across the United States. In fact, according to statistics from the Centers for Disease Control, someone in America is killed by gunfire every 15 minutes. While the Second Amendment allows people the right to bear arms, handling guns carelessly can result in real serious harm to innocent bystanders.

Guns should never be used or handled in a joking manner. Injured victims of gun accidents have the right to seek financial compensation for all damages. Our Florida Injury Lawyers at Whittel & Melton can help you recover the full amount for all medical bills, lost wages and pain and suffering related to a gun accident. If you lost a loved one in an accidental shooting, we can help you file a wrongful death claim.

December 12, 2016

Skateboarder Struck By Car In Front Of Nease High School

by Whittel & Melton, LLC

A former Nease High School student was struck by a vehicle while riding a skateboard Monday afternoon on Ray Road near the high school, according to authorities.

The St. Johns County Sheriff’s Office said the young man was airlifted to a hospital with serious injuries.

No further information is available at this time.

Skateboarders, just like pedestrians, can suffer serious injuries when they are hit by cars. Because skateboarders are exposed, any impact from a vehicle can result in severe bodily harm. If you or someone you love has been involved in an accident while skateboarding, our Florida Injury Lawyers at Whittel & Melton can help.

Liability in these types of accidents can depend on various factors. Was the driver abiding by all traffic laws? Was the driver operating their vehicle at the appropriate rate of speed? Were they in the proper lane? In many of these cases, drivers are not operating their vehicle properly. A driver that failed to observe the rules of the road will likely be found liable for all injuries they cause.

November 30, 2016

Recap of 2016 Hurricanes In Florida

by Whittel & Melton, LLC

Today is the last day of hurricane season, so we thought we would recap this year’s stats.

The 2016 season started with a rare January hurricane, Alex, and ended with Hurricane Otto which made landfall in Nicaragua on November 24.

This year was an above-average season. There were 15 named storms and 7 hurricanes. There were 3 major hurricanes: Gaston, Matthew and Nicole. Category 5 Matthew was the strongest one.

Tampa Bay was impacted by Tropical Storm Colin in the first week of June. While it stayed out in the Gulf of Mexico, the area saw rough surf, some coastal flooding and strong winds. Clearwater Beach reported a wind gust to 49 mph.

Hurricane Hermine made landfall just east of St. Marks, Florida in the early morning hours of September 2nd with winds of 80 mph. Hurricane Hermine was the first hurricane to make landfall in Florida since Hurricane Wilma in 2005.

It brought a storm surge of 3 to 5 feet to parts of the coast from Manatee County to Citrus County. The storm surge was 7.5 feet at Cedar Key. There was heavy rainfall (6 inches to more than 20 inches of rain in some spots) and strong wind gusts in Tampa Bay. Indian Shores had a wind gust of 78 mph. St. Petersburg reported a wind gust of 63 mph and Tampa had a wind gust of 46 mph.

Tropical Storm Julia formed near Jacksonville on September 13, and was an unusual storm since it formed over land, not over water.

Then there was Hurricane Matthew. As it moved toward the east coast of Florida, close to 2 million people in were ordered to evacuate. Although the center of Matthew stayed just offshore, there was a wind gust of 107 mph on the tip of Cape Canaveral on the morning of October 7. Fernandina Beach in Nassau County reported a peak water level of 6.91 feet. This ranks as the third highest water level recorded there, above Hurricanes Dora and Jeanne. There was also more than 8 inches of rain in some areas.

November 23, 2016

Stay Safe Today! It’s Blackout Wednesday!

by Whittel & Melton, LLC

As you and your loved ones get together today and the rest of the week to celebrate the Thanksgiving holiday, please have safety on your mind as the roads can be crazy out there! With Black Friday shopping starting Thursday evening, there are sure to be many drivers on the roadways at all times of the night and early morning. It is today, though, that is a growing concern for many. The day once innocently called Thanksgiving Eve by those anticipating all the celebrations of the next day, has become known as Blackout Wednesday to bars, law enforcement, and hospitals around the country. This night sees a marked increase in drunk-driving injuries and deaths.

There are many reasons that the day before Thanksgiving has become one of the year’s busiest nights for bars and clubs. College students and recent grads coming home for the long weekend and reconnecting with old friends is one reason for the increase in DUI accidents and deaths. Another reason is that most professionals are off work on Thanksgiving, so a quick drink after work can escalate into a full night out.

While there is absolutely nothing wrong with going out tonight and having fun, please be prepared if you are consuming alcohol. Before you go out, know how are you getting home. Do not drive if you have had too much to drink and do not ride with anyone else who is not sober. Just by being on the road your risk of being involved in an alcohol-related accident is about 30 percent higher from Blackout Wednesday through the New Year’s holiday, according to the National Highway Transportation Safety Administration.

It does not take much effort to be prepared for a good time. Plan ahead for a Lyft or Uber to pick you up and get you home safe. You can always just call a taxi.You can even designate a friend to stay sober and get everyone home in one piece. Just remember, if you are buzzed, you are drunk. Don’t jeopardize your future or the safety of others on the road.