Florida

February 24, 2012

Florida Dog Bite Attorneys Whittel & Melton :: Dog Euthanized After Attacking Four People in West Palm Beach

by Whittel & Melton, LLC

A dog was euthanized Thursday evening after wounding four people in West Palm Beach, including a city firefighter and a 3-year-old girl.

According to the director for Palm Beach County Animal Care and Control, the dog’s brain tissue will be tested for rabies as a precaution.

The dog, a cane corso mix, apparently bit a 13-year-old girl on the arm around 6 p.m. Shortly after the attack, West Palm Beach Fire-Rescue crews arrived at the scene.

The dog appeared to have attacked its owner’s grandmother before biting the girl, but the woman did not require medical attention.

While Fire-Rescue crews were treating the girl, the dog apparently freed itself from restraints and nipped the buttocks of a 3-year-old girl. A firefighter quickly intervened and was bitten on the forearm and hand as he attempted to separate the girl from the dog.

The firefighter and the two girls were taken to St. Mary’s Medical Center.

The 13-year-old does not live at the residence and it is unclear whether the 3-year-old lives there.

Following the attack, the dog was classified as vicious and the owner was not allowed to keep it. It is unknown if the owner will face any charges stemming from the attack.
The director for Palm Beach County Animal Care and Control claims the owner was in violation of some regulations. The dog was apparently not current on its rabies vaccinations, and it appears the dog was not licensed, which is a civil infraction. The dog also apparently was not vaccinated, which is a violation of state and local law. It was unknown whether the dog had been sterilized, as required by local ordinance.

A dog bite attack can be a traumatic event, especially for a child bitten by a dog, which may result in serious injuries or even wrongful death. Numerous deaths are reported every year as a result of vicious dog attacks. Most dog bite attacks leave a victim with permanent scarring, nerve damage and at great risk for developing and infection. Often there is psychological harm that remains with the victim well beyond the physical personal injury.

According to the Centers for Disease Control and the American Veterinary Medical Association, nearly five million people across the U.S. are attacked by dogs every year. In fact, it is estimated that every 40 seconds someone in the U.S. requires medical treatment for a dog bite-related injury. Unfortunately, children are the most common victims of vicious dog attacks. The CDC has reported that dog attacks pose a greater risk to children’s health than whooping cough, mumps, and measles combined. Perhaps even more frightening, nearly two-thirds of dog bite injuries among children ages four and younger are to the head and neck region.

For most dog attack cases, the owner is liable for any injuries caused by their dog. The Florida Dog Attack Attorneys at Whittel & Melton can help you and your loved ones recover damages associated with a dog bite injury. It is important to note that your ability to recover financial compensation relies heavily upon the scope of your injuries as well as the medical care needed to treat those injuries. Due to statutes of limitations, the ability to file a dog mauling claim is time sensitive, so it is imperative to contact Whittel & Melton immediately right away.

February 21, 2012

Orlando Rear End Collision Lawyers Whittel & Melton :: Seven People Injured After Car Crashes into Lynx Bus

by Whittel & Melton, LLC

Seven people were injured and taken to area hospitals after a car slammed into the back of a Lynx bus shortly after 1 p.m. Sunday.

A Ford Taurus apparently rear-ended a Lynx bus at a bus stop in Orlando, Florida.

According to Florida Highway Patrol, six people on the bus were transported to area hospitals with non-life-threatening injuries.

The 32-year-old driver of the Taurus was taken to Orlando Regional Medical Center with serious injuries.

FHP estimates the Taurus was traveling around 35 mph when it smashed into the bus.
According to reports, the collision left the bus with minor damages.

Rear-end collisions can be devastating, resulting in head, brain and neck injuries that can cause temporary or permanent disabilities. While a rear-end collision may be the most common type of auto accident, the injuries you may suffer from one are anything but ordinary. Injuries from this type of accident could leave you unable to work, perform everyday functions such as turning your head or even sitting up straight and keep you from enjoying life.

Most rear-end collisions occur because the other driver was not paying attention, speeding, using their cell phone or driving recklessly. A distracted driver may take their eyes off the road for a myriad of reasons including changing a CD, text messaging, applying makeup and eating or drinking. Unfortunately, seconds are all it takes for a driver to be distracted and cause an accident, leaving you to suffer the consequences. If you were struck from behind due to another driver’s negligence, you may experience serious injuries such as:

• Whiplash
• Head and Neck Injuries
• Nerve Damage
• TBIs
• Scarring and Disfigurement
• Back Strains
• Arm and Hand Injuries
Recovering damages for the financial and physical impact of your injuries is absolutely necessary, especially if your injuries have resulted in medical complications. The Florida Auto Accident Lawyers at Whittel & Melton understand that certain injuries may not develop right away and no signs indicating injury may be apparent for hours, days or even weeks following a rear-end collision. For this reason alone, it is important to seek medical treatment immediately after you have been involved in an accident. A doctor can provide you with a full medical evaluation to determine the extent of your injuries and the medical care needed now and in the future, which can help you recover the full and fair compensation you are entitled to.

February 17, 2012

Pensacola Burn Injury Attorneys Whittel & Melton :: Florida Man Loses Part of His Tongue After Electronic Cigarette Explodes

by Whittel & Melton, LLC

A Florida Panhandle man lost a piece of his tongue and a few of his front teeth after the electronic cigarette he was smoking Monday night exploded.

The fire chief for the North Bay Fire Department near Niceville equated the incident to a bottle rocket igniting in the man’s mouth.

The man was using electronic cigarettes in an effort to quit smoking.

Authorities have yet to identify what model cigarette the man was smoking.

The man is being treated for his injuries at a Mobile, Alabama burn unit.

While cigarette explosions are uncommon to hear of, burn injuries are not. In fact, deaths resulting in fires and burns are the third leading cause of fatal home injuries, according to the Centers for Disease Control and Prevention. Information collected by the CDC shows that firefighters responded to 384,000 home fires across the United States in 2010, resulting in the deaths of 2,640 people and leaving another 13,350 injured. Likewise, the American Burn Association’s 2011 Fact Sheet estimates nearly 450,000 Americans receive medical care for burns each year. The majority of these burn deaths and injuries are a result of residential fires, but a vast number of injuries and deaths can be linked to car accidents, explosions, motorcycle collisions, industrial accidents and workplace malfunctions.

Burn victims require special medical treatment in order to make a full recovery, which can be costly. If your or a loved one has suffered the devastating aftermath of a burn injury caused by someone else’s negligence, you should speak with a Florida Burn Injury Attorney at Whittel & Melton as soon as possible. Accidents that result in serious burn injuries or even wrongful death are often the result of another party’s inattention or negligence. Our personal injury lawyers can help you recover the costs associated with burn therapy and other medical bills, lost wages and other damages.

No matter how small or catastrophic the injury, the Florida Burn Injury Attorneys at Whittel & Melton can help. Our lawyers are dedicated to fighting for the rights of burn victims and making sure the responsible parties are held accountable. We understand that traumatic injuries like burns are the most painful and difficult injuries to recover from. We can negotiate with insurance companies and any other responsible parties to obtain a full and fair settlement for your claim.

February 13, 2012

Florida Road Rage Collision Lawyers Whittel & Melton :: FHP Targeting Aggressive Motorists

by Whittel & Melton, LLC

The Florida Highway Patrol will be cracking down on aggressive truck and car drivers in the next few weeks.

From Feb. 27-29, state troopers will be ticketing drivers showing signs associated with road rage including following too closely, speeding and making unsafe lane changes. Community outreach, education and evaluation will be combined with ticketing in an effort to raise awareness throughout the state of Florida regarding safe driving practices.

FHP statistics show that drivers’ behavior can be blamed for 88 percent of traffic collisions. The remaining 12 percent of crashes are the result of vehicle defects, road conditions or inclement weather.

According to AAA, aggressive driving contributes to 56 percent of all motor vehicle collisions nationwide. Aggressive driving or road rage is reckless or negligent behavior that can lead to serious personal injuries or wrongful death. Road rage, which is fueled by anger, can refer to various unsafe driving maneuvers such as tailgating, failure to signal or yield, running stop signs or red lights, making unsafe lane changes, flashing headlights and traveling at high speeds.

The Florida Road Rage Lawyers at Whittel & Melton believe that no driver has the right to put the safety of others at risk by partaking in aggressive driving. Motorists that cause accidents by driving recklessly should be held accountable for the damage they have caused. We are committed to helping car accident victims who have been injured by the negligence of another. If you believe another person’s aggressive driving contributed to your auto accident, you may have grounds for a personal injury claim and be entitled to compensation for damages.

Road rage can be dangerous and deadly. Sometimes knowing how to react behind the wheel when faced with an aggressive driver can save your life. Should you find yourself the target of another’s road rage, follow these tips to optimize your safety:

• Do Not React. Remember, you cannot reason with someone with a poor temper. In fact, trying to may make matters worse. It is best to avoid eye contact with the angered party and remain levelheaded. Any form of retaliation can increase your risk for danger.

• Change Your Route. If you can, it is always best to remove yourself from a road rage incident by exiting the highway or whatever route you are on. If the driver attempts to follow you, act rationally and do not let yourself get distracted. Do not let yourself get angry or worked up because this could increase the chance of an accident or injury, and could harm others. If you must stop, make sure you do so in a public area where you can find help if needed.

• Call the Police. Road rage can end fatally, so if you find yourself sharing the road with an aggressive driver, contact the police immediately.

January 23, 2012

Florida Cruise Ship Injury Lawyers Whittel & Melton :: Cruise Ship Disaster in Italy May Impact Future Bookings

by Whittel & Melton, LLC

The strong-growing cruise ship industry may face at least a short-term slump following the Costa Concordia disaster.

Wall Street analysts, travel agents and other cruise line industry spectators expect a brief drop in bookings as controversy churns around the safety of cruise vacations. It remains unclear if the impact of the Costa Concordia disaster will have a long-term effect on the industry.

Analysts are apparently slashing 2012 expected earnings for Costa Cruises’ parent company Carnival to take into account the influence of costs related to the disaster, the Costa Concordia being removed from service and an anticipated drop in demand. The accident occurred during what is called “wave season,” the January-to-March period when cruise bookings are at their highest.

The 5-year-old Costa Concordia partially sank on Jan. 13 after hitting rocks in Giglio, a small island off the Tuscan coast. At least 11 people were killed and more than 20 remain missing.

Costa Cruises as well as Italian prosecutors are blaming the ship’s captain for the accident because he allegedly took the vessel off course to sail closer to the island.

The cruise ship industry has overcome previous tragedies at sea. In 2010, a fire onboard the Carnival Splendor left the ship adrift without power for days, which had no negative effect on bookings in the long run. The 2007 sinking of Louis Cruise Lines’ 1,500-passenger Sea Diamond, that hit rocks and left two people dead, also had little to no impact on future bookings.

Some experts say the Costa Concordia disaster could be different because of constant negative media attention surrounding the accidents in combination with the loss of life. According to industry watchers, the picture painted by the media is that the crew reacted badly and even irresponsibly, which does not build confidence among consumers. Costa Cruises and parent company Carnival are also being criticized for their response to the tragedy.

Miami-based Carnival at present time has said the loss of use of the Costa Concordia this year will reduce its earnings by $85 million to $95 million. Tens of thousands of travelers who already have paid for cruises on the liner will have to be refunded.

In addition to the loss of use of the Costa Concordia, Carnival also faces the costs connected to personal injury liability and damages to the ship, although the cruise line says it fully expects insurance to cover both areas. Should investigators find that the cruise accident was caused by inappropriate actions by the captain, Carnival could be cleared of any liability.

Carnival has yet to decide if they will fix the Costa Concordia that cost around $570 billion to rebuild. If they do, the ship will likely be out of commission for at least the rest of the year.

The nation’s largest cruise franchise, CruiseOne, reported that it has actually seen an increase in bookings this year by 5.9 percent when compared to last year.

In New York, shares of Carnival stock reportedly dropped almost 14 percent, which is the biggest drop since the 9/11 terrorist attacks.

In this case, to recover punitive damages against Costa or its parent Carnival, a person would need to prove gross negligence on some level by the company and not just the captain. Florida law requires that some negligence by the company be shown in order to prove punitive damages. It will be interesting to see how the investigation will play out and what actions Costa and Carnival decide to take.

A dream vacation aboard an ocean cruise can turn into a nightmare when dangerous conditions leave passengers suffering from injuries or death. It is important to act fast and contact a Cruise Ship Injury Attorney immediately if you feel your injuries or a loved one’s death are the result of cruise line negligence. In many cases, there is a one-year statute of limitations on personal injury or wrongful death claims against the cruise line. Because of this short window of time, it is critical for an attorney to investigate your injury claim promptly by locating and documenting the conditions aboard the ship and interviewing any witnesses and crew members while they are in port.

At Whittel & Melton, our attorneys can handle any and all types of injuries that can occur on a vacation cruise:

• Waterslide and swimming pool catastrophes
• Slip and Fall accidents
• Physical or Sexual Assault
• Severe Illness from Contaminated Foods
• Medical Negligence
• Excursion Accidents
• Drowning

December 29, 2011

Florida Holiday Product Liability Lawyers Whittel & Melton Discuss the Dangers with Holiday Decorations

by Whittel & Melton, LLC

Most people consider holiday decorations a central part of celebrating the season. While decorating your home may be a festive tradition, when holiday adornments have product defects the aftermath can be anything but jolly and leave you and your loved ones with serious personal injuries.

With the holiday season officially here, it is always a good idea to check with the U.S. Consumer Product Safety Commission to check out if any of your holiday embellishments have been recalled due to product defects. The CPSC works to decrease and prevent injuries related to hazardous holiday decorations by censoring the Internet and marketplace for unsafe holiday trimmings and any other products that may potentially hurt shoppers.

According to the CPSC, more than 10,000 people make a trip to the emergency room every year for holiday decorating injuries, including burns, cuts and abrasions, electric shock and slip, trip and fall accidents. Moreover, candles are found to be responsible for an estimated 150 deaths every year, whereas Christmas trees are the culprit behind nearly 400 fires every year, causing 20 deaths, 70 injuries and more than $15 million in property damage.

Ultimately, it is essential to speak with a Florida Product Liability Lawyer at Whittel & Melton to ensure that your legal rights are protected if you or a family member has suffered injuries related to holiday ornaments or any other type of defective product. By consulting with a Product Liability Lawyer, you may be able to file a product liability claim and seek compensation for any injuries.

Determining Fault When a Defective Decoration Ends in Injury

If you have been injured from a defective decoration, a Florida Product Liability Lawyer can organize an investigation to determine who the negligent party is – the manufacturer, distributor, retailer or possibly all three. Sometimes establishing blame can be difficult. The manufacturer will most likely try and prove that the product is safe and may assert that the injured party did not use the product as it was intended. This is not usually the case and your Florida Product Liability Lawyer will be responsible in showing how a defective decoration caused your injuries. Other parties that could be responsible for defective products besides the manufacturer, distributor and retailer include the manufacturer, distributor or seller of any defective component of the decoration that added to your injuries.

Recovering Damages in a Product Liability Claim

After the negligent party has been identified in a Florida product liability claim, damages need to be determined. Damages may include loss of past and future wages, emotional distress, past and future medical bills, pain and suffering and any other expenses relevant to your injuries. It is extremely important to have an experienced attorney on your side to protect your best interests when it comes to a defective product because most of these cases involve large companies that will have aggressive attorneys working on their side that will try to get you to accept low settlements. At Whittel & Melton, LLC, we can guide you through the process of a product liability claim and make sure you recover the compensation you rightfully deserve. We can provide you with a complimentary consultation any time, day or night. Contact the Florida Product Liability Lawyers at Whittel & Melton, LLC today.

What Makes Holiday Decorations Dangerous?

There have been several holiday decoration recalls from previous years and the following examples can give you an idea how holiday décor can be disastrous.

• Candles and candle holders that pose a fire hazard.

• Christmas lights that pose a fire hazard due to a nonexistent fuse.

• Candles with the wrong wick size that caused flames to burn irregularly.

• Christmas lights with exposed wires that pose a risk for a fire or electrocution hazard.

• Christmas lights with undersized wires that have the potential to cause a fire or electric shock.

The Florida Product Liability Lawyers want you and your family to enjoy a safe and happy holiday season this year. Follow these safety tips when decorating the inside and outside of your home and remember, always use your best judgment.

Light Safety:

1. Make sure all lights have fused plugs that meet safety standards.

2. Make sure outdoor lights are sanctioned to be used outdoors.

3. Check all sets of lights (indoor and outdoor) for cracked bulbs, exposed or frayed wires and damages sockets.

4. Turn off lights when not at home or asleep.

5. Installing timers for your lights can not only save energy, but can prevent a deadly fire.

6. The CPSC recommends using only three standard-size sets of lights per extension cord.

Tree Safety:

1. If using an artificial tree, make sure it is fire resistant.

2. Trees should be kept away from fireplaces and other sources of heat as well as doorways.

Decorating Safety Tips:

1. Always use flame-resistant decorations. Those made of plastic or nonleaded metals are highly encouraged.

2. Place candles somewhere out of a child’s reach.

3. Never place candles near the tree or any other holiday decorations.

4. Make sure sharp or fragile holiday décor is placed where a child cannot easily grab it.

Ladder Safety Tips:

1. Make sure a ladder is placed on a dry and sturdy surface before climbing.

2. Do not lean too far on either side of the ladder.

3. Always have someone hold the ladder for you. According to the Centers for Disease Control and Prevention, over a three year period, almost 18,000 people were taken to the ER due to falls from holiday decorating. Make sure to make safety your number one concern when participating in any kind of holiday decorating!

The Florida Personal Injury Lawyers at Whittel & Melton are committed to keeping you and your family safe for the holiday season. We always advise following simple safety precautions and urge you to install working smoke alarms in your home in case an emergency happens to erupt.

November 22, 2011

Thanksgiving Personal Injury Lawyers Whittel & Melton on Avoiding Deep Fried Turkey Disasters

by Whittel & Melton, LLC

With Thanksgiving just around the corner, many Floridians have opted to try a new spin on the holiday staple – deep fried turkey. While the results can be delicious, deep frying can also be quite dangerous. In fact, the use of outdoor gas-fueled turkey fryers require turkeys to be immersed in a large quantity of cooking oil at extremely high temperatures, which can ultimately release hot oil during the cooking process that can leave you and your neighbors, guests and loved ones with devastating burns and catastrophic injuries as well as put your home at risk for property damage.

According to the National Fire Protection Association, Thanksgiving Day yields the highest number of cooking fires in the United States. Cooking fires are also the number one cause of home fires that cause an annual average of 390 deaths, 4,800 injuries and $771 million in property damage. With that said, the NFPA also reports that deep fryer fires cause an average of 5 deaths, 60 injuries and more than $15 million in property damage every year.

As turkey frying peaks more and more interests, the number of fryer-related injuries and fires are on the rise. According to State Farm Insurance claims data from 2005-2010, the state of Florida ranks seventh in the top 10 states for Thanksgiving Day cooking fires. The other nine states with the most turkey fire-related insurance claims include Texas, Illinois, Ohio, New York, Pennsylvania, Michigan, Minnesota, Indiana and Louisiana.

To reduce the risk of deep fried disasters this holiday, follow these safety tips:

1. Avoid Filling Your Pot With Excess Oil – When a fryer contains too much oil, the odds the oil will spill out of the pot when the turkey is submerged is high. If the oil makes contact with a burner a major fire can arise. Read and follow all instructions with your cooking pot or fryer and make sure oil does not exceed the proper level.

2. Properly Thaw Your Turkey Before Dropping It Into the Oil – Placing a frozen or partially frozen turkey into a fryer can cause the hot oil to spill, which can result in a significant fire or burn injury. Do not thaw your turkey by using water, instead wait the proper amount of time until your turkey is fully thawed and then slowly release it into the pot so that splashing and spills are avoided.

3. Place Your Turkey Fryer On A Level Surface – Many fryer fires start on a structure or deck, so make sure you place your outdoor fryer on a firm and non-combustible surface. It is best to keep the fryer off of wooden surfaces and a safe distance away from buildings. Because many fryers are top-heavy it is essential to keep them on a level surface so that they do not tip over.

4. Don’t Leave Your Fryer Unattended – Remember that when you fry a turkey you are using grease or oil that is combustible, so do not walk away from a hot fryer. There are fryers that do not have thermostat controls and if unattended, the oil could ignite from extreme temperatures.

Should a cooking fire arise…
1. Get yourself and your loved ones away from the fire immediately. If the fire is in the house, closing the door behind you once you are outside may help to contain the fire.

2. Call 911 as soon as you can.

3. If you try to extinguish the fire, do not use ice or water. It is best to have an extinguisher approved for cooking or grease fires nearby should an emergency erupt.

4. Small grease fires can be contained by having a lid nearby when cooking that can smother grease fires. By placing the lid over the pan and turning the stovetop off, the fire can be smothered easily. The pan should remain covered until it is thoroughly cooled.

5. If an oven fire should arise, keep the oven door shut and turn the heat completely off.

Due to the risks of severe property damage and serious bodily injuries associated with frying turkeys, the NFPA advises that for those craving fried turkey this holiday season to purchase one already fried from a local specialty food or grocery store. No matter how you choose to prepare your turkey this year, the Florida Personal Injury Lawyers at Whittel & Melton, LLC advise you to exercise extreme caution and wish you and your loved ones a safe holiday season.

November 11, 2011

Orlando Dog Bite Injury Attorneys Whittel & Melton :: Toddler Attacked by Pit Bull Mix in Port Orange in Stable Condition

by Whittel & Melton, LLC

A Florida two-year-old boy is reportedly in stable condition following a vicious dog attack in Port Orange Tuesday afternoon.

The boy and his parents were apparently visiting relatives when the boy was mauled on the porch of the home shortly before 4 p.m.

The boy was first taken to Halifax Health Medical Center in Daytona Beach and then transferred
to Florida Hospital Orlando.

According to Port Orange police, the dog, a pit bull mix, was seized by the Halifax Humane Society and is supposedly under quarantine.

According to the Centers for Disease Control and Prevention, 4.7 million Americans suffer from dog bite attacks each year. An estimated 800,000 of the total dog bites recorded cause serious injuries that require medical attention. Due to these facts, Florida statutes hold dog owners strictly liable for any injuries or damages their dog inflicts on others, regardless of the dog’s history of violence or prior biting episodes. The state of Florida recognizes that a dog’s behavior is always the responsibility of its owner. If a dog bites someone, the owner is potentially liable for the dog’s actions despite the dog’s breed. A dog’s owner cannot shirk liability by attempting to prove that he or she did not realize a dog would bite because the dog has never behaved that way before.

There are a few steps to follow if you or someone in your family has been attacked or bitten by a dog or any other type of animal. As always, the Florida Dog Bite Injury Attorneys encourage you to seek out the proper medical attention needed before taking any other steps.

• Always obtain a medical evaluation, even if you feel it is not needed.

• Get the contact information of the dog owner. This includes their name, phone number, address, etc. It is pertinent to find out the dog’s information as well, such as the dog’s age, what breed it is, if the dog has any diseases and if it is up to date with its vaccinations.

• Get the name and contact information for any witnesses.

• Report the injury to the police and request a copy of the incident report.

• Take photographs of the dog, area of attack and your injuries, if you can.

• Save any clothing that was damaged by the dog.

• Contact the Florida Dog Bite Injury Attorneys at Whittel & Melton right away.

• Do not accept any amount of settlement from a dog owner’s insurance company before speaking with an attorney.

November 2, 2011

Florida Wrongful Death Attorneys Whittel & Melton :: Disney’s Lack of Safety Protocols and Employee Errors Found to be Primary Causes of 2009 Monorail Fatality

by Whittel & Melton, LLC

The National Transportation Safety Board released a 14-page report on Monday citing a pair of employee errors as the main causes of a July, 5, 2009 monorail accident that killed a 21-year-old resort employee at Walt Disney World in Orlando, Florida.

The federal investigation has taken nearly two-and-a-half years to conclude that employee errors in combination with Walt Disney World’s lack of standard operating procedures contributed to the tragedy that occurred when one train traveling in reverse smashed into another.

The accident supposedly happened around 2 a.m. when Disney’s monorail train was shutting down for the night. One train was supposed to be exiting the Epcot loop and onto the “switch beam,” which required the train to be operated in reverse. The track switch was allegedly never activated which caused the train to reverse down the Epcot line and slam into another train killing the driver.

NTSB is not the first agency to cite Disney for its role in the accident. The U.S. Occupational Safety and Health Administration cited Disney with four safety violations in its initial review of the accident that resulted in a $35,200 fine to the resort. NTSB estimated property damage at around $24 million.

NTSB and OSHA concluded that an employee in the monorail’s maintenance shop failed to position the switch beam properly. It was supposedly found that the manager was operating as the monorail system’s coordinator temporarily and was not in the system’s control tower when the track-switch procedure happened, so he could not identify the problem with the track.

Disney was faulted in three areas.

First, investigators found that Disney did not require employees to follow a monorail operating guide which shows drivers how to properly drive in reverse in a forward-facing position.

Second, NTSB found that Disney did not have a policy that required the monorail central coordinator to be stationed in the control tower to monitor train movements. This was found to be a major error on Disney’s part since the tower is equipped with a grid showing how the monorail beams are aligned and an emergency shutdown switch to stop all movement in case of an emergency.

Third, Disney apparently allowed employees in the monorail shop to use the video monitors to confirm that a train was not already on the beam before activating the switch, instead of using them to validate that the track had actually been readjusted following a command.

All three issues were supposedly referred to in a series of policy changes made by Disney management in an effort to improve operations.

According to the chief safety officer at Disney, monorail system operations were already enhanced before receipt of the actual NTSB brief, which apparently offers no additional suggestions than what has already been imposed.

Commuter rail and train accidents do happen in Florida, despite the ultimate lack of commuter transportation throughout the state. Monorails are mostly located in vacation resorts throughout the U.S., but can also be found in airports, amusements parks and even business districts. When an employee of a city, state or privately owned monorail system is injured or killed on the job, worker’s compensation benefits can kick in for the victim’s family. This can include wage loss payments and any medical expenses, but like most legal claims there is a time cap on when a claim can be filed. If you are the family member or dependent of an employee who was killed from injuries sustained throughout the course of employment, the knowledgeable Florida Worker’s Compensation Attorneys at Whittel & Melton can inform you about workers’ compensation death benefits that you and your family may be entitled to.

According to the Bureau of Labor Statistics, as of 2010, 4,547 fatal workplace injuries occurred across the United Stated, just faintly below the 4,551 fatalities that happened in 2009. At Whittel & Melton we recognize that a lawsuit cannot heal the loss of a loved one, but if the deceased was a wage earner and provider for the family, it is important to consider your future financial stability. Our attorneys can take on the burden of legal and financial matters so that you can focus on your family’s healing process. When a workplace accident caused the wrongful death of an employee, a spouse, child, parents or siblings may be entitled to benefits like monetary compensation. We may be able to help you recover compensation for:

• Medical and funeral expenses
• Loss of income and insurance or pension benefits
• Loss of companionship
• Punitive damages
Sometimes there are third party claims that factor into fatal workplace accidents. Third party claims involve a person or organization other than the injured party or his or her employer whose negligence may have contributed to an employee’s injuries or wrongful death. Third party claims can possibly provide more financial benefit to beneficiary dependents’ than what is typically available from workers’ compensation insurance.

October 31, 2011

Florida Golf Cart Accident Attorneys Whittel & Melton :: Man Pushing Golf Cart Killed in Accident

by Whittel & Melton, LLC

A 53-year-old Live Oak, Florida man was instantly killed after being hit by a car on Oct. 16 while pushing a golf cart along a Suwanee County road.

According to Florida Highway Patrol, the man was pushing a 1990 EZ-Go golf cart when he was hit from behind by a 1999 Toyota sedan.

The man was pronounced dead shortly after 5:30 p.m. by the Suwannee County Fire Rescue.

Charges are pending following further investigation into the accident, according to FHP.

Motorized golf carts are not just limited to the putting green. In fact, while many people drive their carts to and from the course, some communities in Florida have designated these carts as their preferred mode of transportation. With the amount of people trading in their cars for carts, statistics show a surge in injuries and fatalities. According to The American Journal of Preventive Medicine, golf cart injuries have risen a whopping 132 percent from 1990 to 2006. Close to 150,000 people, varying in age from 2 months to 96 years, suffered injuries related to a golf cart accidents throughout this period . In 2009, more than 1,600 golf cart accidents in Florida were reported. The Florida Golf Cart Accident Attorneys at Whittel & Melton handle a wide range of golf cart accidents including, automobile collisions, intersection smash-ups, passenger ejections, pedestrian accidents, cart rollovers and country club or golfing accidents.

Golf carts have become much more powerful and faster over the years and are widely used at sporting events, hospitals, airports, parks, college campuses, businesses and military bases. Golf carts can reach speeds of up to 25 miles per hour and can travel 40 miles on a single battery charge, making them a popular ride choice for many residents of retirement and gated communities. Typically, golf carts are not subject to federal regulations and in some areas a driver’s license is not required to operate one. Since many golf carts lack stability mechanisms and safety features like seat belts, common injuries from an accident can include catastrophic injuries such as head and brain trauma, broken bones, neck and back injuries, injuries to the face or sternum, road rash, serious lacerations and fractures. The Florida Golf Cart Accident Attorneys at Whittel & Melton work hard to ensure that you and your loved ones get properly diagnosed and treated for any injuries and recover damages for any lasting disability or wrongful death.