Florida

October 23, 2013

Florida Motorcycle Accident Attorney :: I-4 in Osceola County Shut Down for Hours after Deadly Motorcycle Hit-And-Run

by Whittel & Melton, LLC

A Kissimmee biker was ejected from his motorcycle and killed in a hit-and-run crash Tuesday morning that shut down eastbound Interstate 4 for almost four hours, resulting in a traffic backup of at least five miles.

Law-enforcement officers are currently looking for the motorist that fled the scene of the lethal collision. Police are searching for a gray pickup, possibly a Ford F250 or F350, that they believe ran over the 47-year-old motorcyclists and kept going, according to the Florida Highway Patrol.

Police are also keeping an eye out for other drivers who may have hit the biker.

The crash occurred shortly after 7 a.m. when a car travelling east in front of the motorcycle struck road debris that flipped a strip of blown-out tire into the air, according to a Florida Highway Patrol spokesman.

The debris hit the motorcyclist in the head and knocked him off his Yamaha bike near Osceola Parkway.

The motorcycle came to rest on the grassy shoulder about a half-mile from the crash.

Troopers reopened I-4 just before 11 a.m.

Hit-and-run motorcycle collisions are becoming increasingly common in Florida and throughout the United States. According to statistics from the National Highway Traffic Safety Administration, hit-and-run motorcycle accidents have actually increased a staggering 15 percent throughout the last decade. Even more disturbing is that the NHTSA reports that hit-and-run car and motorcycle accidents account for up to 700,000 collisions each year.

October 15, 2013

Miami Florida Cruise Ship Injury Lawyer :: 6-Year-Old Boy Drowns Aboard a Carnival Cruise

by Whittel & Melton, LLC

A 6-year-old boy, who was on a four-day Caribbean cruise on the Carnival Victory, drowned in one of the ship’s pools Sunday, according to Carnival Cruise Lines.

The boy was apparently in the pool area with other members of his family when the accident occurred.

Carnival released the following statement: “Carnival extends its heartfelt sympathy to the family during this very difficult time. The company’s CareTeam is providing assistance and support.”

The ship arrived in Miami on Monday so officials could examine the scene.

According to the Miami-Dade police, the boy was in the pool with his 10-year-old brother when the accident occurred around 4:45 p.m. as the ship was out at sea.

The boy was submerged under water and was pulled out and given CPR, however he was pronounced dead.

Police said that no foul play is suspected as the incident appears to be accidental.

The family is from Winter Garden, according to police.

When a passenger is injured or killed while aboard a cruise ship, the law that will apply to the injury or wrongful death claim will likely be the General Maritime Law of the United States, especially if the cruise line is based in the United States. Most major cruise lines, including Carnival Cruise Lines, Princess Cruise Lines and Royal Caribbean are all based in the U.S. Under this law, the cruise line can be held liable for acts of negligence that led to the injury or death of a passenger despite whether or not the accident occurred in the U.S. Injuries and wrongful death claims can arise from all types of cruise line carelessness, including slip, trip and fall accidents, sexual assault, rape, fights, excursion injuries, swimming pool tragedies, wave pool mishaps and even water slide accidents.

It is very important to understand that there are time limits placed on when you can file a cruise ship injury or wrongful death claim. Cruise lines are allowed to shorten the time frame you have to make a claim, as well as the place where you can file suit. Most cruise lines require that written notice of a claim be given 6 months following the accident and that a lawsuit must be filed within one year of the date of injury. The passage ticket will also tell you where you can file suit. The back of your ticket will explain much of the information you need to know, so it is best to go over this language to see what limitations apply to you.

September 24, 2013

Florida Negligent Security Attorney :: Ravens’ Jacoby Jones Injured in Party Bus Brawl

by Whittel & Melton, LLC

Baltimore Ravens wide receiver Jacoby Jones suffered a head injury early Monday morning after he was apparently struck over the head with a champagne bottle by a stripper named Sweet Pea on a party bus.

According to TMZ.com, Jones was partying on the bus in D.C. celebrating Bryant McKinnie’s 34th birthday when the alleged stripper hit him over the head with a “gigantic Ace of Spades bottle.”

After Jones was struck by the bottle, and ambulance was apparently called for “a bleeding male.”

Sources from TMZ say that people were leaving a club at 3 a.m. when the party bus brawl began.

TMZ reported that Jones, the former Dancing with the Stars contestant, was “bleeding everywhere.”

Several other Ravens teammates were out celebrating McKinnie’s birthday. The Ravens were coming off of a 30-9 win over Houston on Sunday.

It is unclear why Sweat Pea struck Jones over the head with the bottle. It is also unknown how large the bottle was that hit Jones. However, Ace of Spades bottles come in eight sizes, ranging from 750 milliliters to 30 liters.

According to TMZ, one of Jones’ friends apparently tried to retaliate against the stripper, but McKinnie stepped in to stop the fight. However, an alleged altercation then broke out between McKinnie and Jones’ friend.

Authorities responded to the scene, but no one was arrested.

Business and property owners in Florida have a duty to warn all patrons and visitors to their property of any dangerous conditions. This includes taking necessary action to prevent any injuries from occurring on their property. In areas that are highly susceptible to crime, such as night clubs, parking lots, parking garages, strip clubs, college campuses, hotels, apartment buildings and even party buses, business or property owners have a duty to provide sufficient security. However, many business and property owners fail to take such precautions simply because of the high cost associated with adequate security measures. Too often, this failure leads to serious injury or wrongful death.

September 19, 2013

Florida Auto Accident Injury Attorney :: National Child Passenger Safety Week – Make Sure Your Child is Buckled Up Properly

by Whittel & Melton, LLC

This week is National Child Passenger Safety Week, which serves as a reminder to us all just how important it is to make sure our children are secured properly in their car or booster seats. Failing to do so could be the difference between life and death if your child is involved in an unfortunate auto accident.

According to the National Highway Traffic Safety Administration, car accidents are the leading cause of death in children between the ages of 1 and 13. In 2011, 655 children were killed in auto accidents across the United States. Of the children killed, one out of every three was not wearing a seat belt.

When a child does not wear a seat belt and becomes involved in a collision, they are at an increased risk of being ejected from the vehicle, which commonly leads to serious personal injuries or death. According to the Centers for Disease Control and Prevention, wearing a seat belt reduces an infant’s chance of being harmed in an accident by 72 percent and a toddler’s chance of suffering fatal injuries in a crash by 54 percent.

Recent studies have found that three out of every four car seats are improperly installed. Incorrectly installed car seats could lead to brain and spinal cord injuries in children should a collision occur. To avoid a tragedy, adults must ensure that babies under the age of 1 and fewer than 20 pounds are in a rear-facing safety seat. Once a child is over 1-years-old and weighs more than 20 pounds, they can be placed in a front-facing seat with an internal harness. Once a child is over 30 pounds, they can be placed in a booster seat, however it is strongly recommended to keep children in a front-facing seat until they are 40 pounds in weight.

In Florida, children between the ages of 6 and 12 must remain in the rear seat of the vehicle and use a seat belt at all times. Children 13-years-old and above can ride in the front or back seat. Just like adults, the law requires that they wear seat belts.

September is a great month for parents and child caregiver’s to have their child’s passenger safety seat inspected for no cost. Child Passenger Safety Week is Sept. 15 – 21. Sept. 21 is National Seat Check Saturday. You can visit the NHTSA’s website to find a child seat inspection station near you.

September 10, 2013

Florida Amusement Park Injury Lawyer :: Girl Airlifted to Hospital after Fall at Disney World Hotel

by Whittel & Melton, LLC

Florida is home to some of the most popular theme parks in the United States. The Orlando area alone has more than 95 amusement parks, attractions and other interesting features that draw in millions of tourists each year. Disney World is quite a popular destination for many residents and travelers as this theme park has many appeals, including Magic Kingdom, Epcot, Hollywood Studios and the ever-popular Animal Kingdom.

While many people associate amusement park injuries with a roller coaster accident or other type of ride mishap, most theme park injuries arise from slip and fall accidents that are usually the result of park negligence. Such was the case for a young girl injured last week at Disney’s Animal Kingdom.

A 6-year-old child suffered serious injuries Sept. 2 after falling from a third-story balcony at Disney World’s Animal Kingdom Villas, according to authorities.

The Orange County Sheriff’s Office reported that the girl fell from her family’s room.

The girl’s father was apparently taking a shower when he heard the girl’s mother scream. The man quickly ran down the stairs and jumped over a wall to retrieve his daughter.

The child was airlifted to a nearby hospital, where reports indicate she is currently in stable condition.

The Animal Kingdom Villas are surrounded by a preserve filled with free-roaming animals and birds, but officials at the park told authorities the animals do not have access to the area where the girl fell.

Authorities believe the fall to be accidental, but are still investigating the incident.

August 15, 2013

Florida Amusement Park Injury Attorney :: Texas Woman Killed Riding Coaster at Six Flags

by Whittel & Melton, LLC

A woman died last month after falling from a 14-story roller coaster at the Six Flags Over Texas amusement park in Arlington.

The woman was riding the Texas Giant roller coaster ride at the park when the accident occurred, according to reports.

When the Texas Giant ride opened in 1990 it was listed as the tallest wooden roller coaster in the world.

According to Six Flags, in 2010 the wooden tracks were replaced with steel, but the original wooden support structure was kept and the lift hill was elevated 10 feet.

Police in Arlington claim there was no evidence that the death of the woman resulted from criminal intent.

A Six Flags spokeswoman said the company was investigating the incident. “We are committed to determining the cause of this tragic accident and will utilize every resource throughout this process,” the spokeswoman for the amusement park said.

In a separate incident last month at an amusement park in Sandusky, Ohio, seven people were injured when a boat ride they were on fell backwards on a lift.

Six of the riders were treated at The Cedar Point amusement park by emergency responders and released. One passenger was taken to a hospital with injuries and later released.

The Ohio Department of Agriculture, which regulates amusement rides, is conducting an investigation into the incident. The ride will remain closed until further inspection is complete.

While theme parks are the perfect place to go for some fun and excitement on a hot summer day, they are also the ideal places for unexpected injuries such as slips, trips, falls and even drowning. Millions of people travel to amusement parks all over the United States every year and ride roller coasters and other rides without incidents. However, thousands are injured each year while visiting a theme park, and worse, many visitors are killed.

Sadly, roller coaster accidents can lead to very serious injuries and even death, as this case shows. If someone dies while riding a roller coaster in Florida, surviving family members may sue for wrongful death under the following legal theories:

• Design Defect: If the manufacturer or designer of the coaster failed to construct a safe ride, they can be held liable for damages.

• Negligent Operation: If the theme park where the accident took place failed to uphold the proper standard of care when operating the ride, the park can be held responsible for your losses.

• Improper Care or Maintenance: Under this theory, the park can also be held responsible for the accident if employees were not trained properly to operate the rides or if staffers failed to maintain the ride, ultimately causing it to malfunction.

July 9, 2013

Florida Motorcycle Accident Attorney :: Number of Florida Motorcycle Deaths Continues to Climb

by Whittel & Melton, LLC

The number of people killed in motorcycle crashes throughout the state of Florida and nationwide is on the rise.

While the number of motorcycle fatalities nationwide dropped to about 4,200 in 2009, the number of deadly crashes in 2011 increased to just less than 5,000.

Preliminary data shows that nearly 4,000 motorcyclists across the country died between
January and September 2012.

Florida ranks third in the nation with 287 deadly motorcycle crashes in the first nine months of 2012. Texas steals the top spot with 358 people killed and California takes second with 318.

Although the numbers throughout Florida show an increase in motorcycle deaths, in Tampa, the extreme jump in numbers this year is especially disturbing.

This time last year, Tampa saw three motorcycle fatalities. This year, 13 deaths have already been reported.

Tampa police claim the increase can be blamed on several factors – impaired drivers, inexperienced bikers and motorists speeding or driving recklessly.

In response to what appears to be a concerning problem, Tampa police are cracking down with zero tolerance for speeding, reckless driving and other violations.

Florida is a wonderful place to ride a motorcycle because the weather here is usually quite pleasant all year round. However, because of our tropical temperatures, this usually means there are a larger number of bikers sharing the roadways which ultimately leads to a higher instance of motorcycle accidents. When you have been involved in an accident while riding your motorcycle, you will need a Florida Motorcycle Accident Attorney to help you handle your case. Motorcyclists involved in accidents are at risk of sustaining very serious injuries, such as traumatic brain injury, spinal cord trauma and death. By working with a Florida Motorcycle Accident Lawyer at Whittel & Melton, you can rest assured that we will aggressively fight to recover compensation for your medical costs, rehabilitation and all other expenses that accrue as a result of the at-fault party’s negligence.

July 2, 2013

Florida Personal Injury Attorney :: Fireworks Risking You and Your Child’s Safety this Fourth of July

by Whittel & Melton, LLC

Most people enjoy celebrating the Fourth of July holiday with a fireworks show or two. With Independence Day right around the corner, it is important to understand that if these devices are not used properly you could wind up with some pretty devastating injuries. Catastrophic burn injuries and fatalities arise every year in Florida and across the United States due to Fourth of July fireworks injuries.

While you may think that firework accidents are not that common, firework-related injuries are actually quite a common occurrence. At Whittel & Melton, our Florida Personal Injury Attorneys know that children are at the highest risk for injuries stemming from fireworks accidents. That is why we strongly recommend that parents protect their children from injury by keeping them from using fireworks.

According to Safe Kids Worldwide, an estimated 5,000 children under the age of 15 are treated in an emergency room each year due to a firework-related injury. Of these injuries, a whopping 70 percent occur during the month surrounding the Fourth of July holiday.

So, how can you and your family enjoy fireworks safely this year? Your safest option is to attend a publicly sanctioned firework event. However, if you are set on hosting your own red, white and blue party, you must be prepared and be as safe as possible in order to prevent any tragedies from happening in your backyard. The following tips and reminders can help you avoid an accident:

• Never let children play with fireworks or light them.

• Before using any fireworks, read any instructions and familiarize yourself with the warnings on the label.

• Drinking and lighting off fireworks is never a good idea. If you choose to light your own, make sure you designate a sober shooter.

• Ignite one firework at a time.

• Make sure you set up your post somewhere safely away from tree branches or bushes that could catch on fire.

• Do not try and re-light, alter or fix any fireworks that malfunction.

• Remember, all fireworks should be used outdoors only.

• Sparklers should never be handled by children, as they can reach temperatures easily hot enough to inflict third-degree burn injuries. Try letting your youngsters use glow sticks instead. These can be just as fun for the kids and much safer.

• Before lighting a firework, make sure the area is clear. It is best to light fireworks on a smooth, flat surface that is a safe distance away from the house, any dry leaves or other highly flammable materials.

June 25, 2013

Florida Child Injury Lawyer :: Heat Stroke-Related Child Deaths on Track to Reach Record High This Year

by Whittel & Melton, LLC

In 2010 more heat stroke-related deaths were documented than any other year from kids being left inside hot cars for too long. Now, Florida health and law enforcement officials say that we are heading for another devastating year, with 15 such deaths already reported nationwide so far.

Four Florida children, ranging in age from 11 months to 3 years old, have died in the past two months after they were left behind in hot cars.

Sadly, young children are at a high risk for heatstroke as their body’s heat up three to five times faster than adults. When a child’s temperature reaches up to 104 degrees, their internal organs begin to shut down. When their body temperature heats up to 107 degrees, they can die.

Studies indicate that Florida is second only to Texas in the most heat stroke-related child deaths per year. Since 1998, Florida has reported at least 64 child deaths related to heat stroke.

So far this year Florida has reported the following incidents:

• On June 22, a 3-year-old boy passed away from heat stroke after he was forgotten in a car for about three hours in Manatee County while his family attended a funeral.

• On June 2, a Pensacola toddler wandered inside the family car and was found dead on the floorboard several hours after the 2-year-old was reported missing by family members.

• On May 24, a Highlands County mother left her 18-month-old daughter in a hot car for nearly two hours. The baby suffered heatstroke and died. Her mother has been charged with manslaughter and child neglect.

• On May 16, a Miami-Dade County mom was charged with manslaughter after locking her 11-month-old son inside her car where he died from heat exposure.

Another 11 children across the county were killed in similar instances this year.
According to Safe Kids Worldwide, heatstroke is the leading cause of non-crash, vehicle-related deaths for kids. In fact, on average, every 10 days a child is killed from heatstroke after being trapped inside a vehicle.

June 18, 2013

Miami Injury Lawyer :: 33 Injured after Deck Collapses at Miami Sports Bar

by Whittel & Melton, LLC

A Miami deck collapse at Shuckers Bar and Grill, a popular restaurant in North Bay Village, left 33 people injured Thursday night.

Two of the 33 injured are reportedly in serious condition.

About 100 people were on an outdoor deck at Shuckers Bar and Grill watching the Miami Heat play in the NBA Finals. During the first quarter of the game, at around 9:20 p.m., the deck collapsed sending dozens of patrons into the shallow waters of Biscayne Bay.

Witnesses claim the deck gave way just as Heat fans started jumping and cheering to celebrate their team’s scoring a basket.

Reports indicate that 33 people were injured and transported to various hospitals in the area.

Every business in Florida, including restaurants, hotels and bars, has a legal obligation to make sure the property is kept safe for guests and customers. With that said, under Florida law, all floors, walls, ceilings and even decks must be constructed, maintained and inspected in compliance with any applicable building codes.