Florida

July 26, 2018

Orlando Man Says Pothole at Circle K Caused Disability

by Whittel & Melton, LLC

An Orange County man alleges he was injured at an Orlando convenience store because of a pothole in the parking lot.

The man filed a complaint on July 2 in the 9th Judicial Circuit Court of Florida – Orange County against Circle K Stores Inc. alleging negligence.

According to the complaint, the man alleges that on May 22, 2015, his foot and ankle went into a pothole, causing him to fall. He alleges he sustained bodily injuries in and about his body and extremities, resulting in pain and suffering, disability, disfigurement, loss of earnings and medical expenses as a result of the fall.

He holds Circle K Stores Inc. responsible because they allegedly failed to repair the hazard in the parking lot or to warn visitor about it.

Potholes can pop up everywhere, and you can find them on roads, alleys, crosswalks, and parking lots. Injuries from a pothole accident can change your life in a matter of seconds.

When a pothole injury happens, you will likely have a lot of questions. Determining who is responsible will be at the top of your list. Responsibility usually rests on the property owner. However, it is not always that cut and dry, which is why you need the help of a Florida Premises Liability Lawyer at Whittel & Melton. We can help you explore your legal options and answer all of your questions.

July 25, 2018

Are You an Uber User? Beware of Vomit Fraud!

by Whittel & Melton, LLC

If you are an Uber user, you may want to check your latest trip bill. There is a new type of fraud on the rise that is quite expensive – known as vomit fraud.

Miami is a hotspot for this new fraud.

You may be wondering what this is. Here is how it works – Passengers request Uber cars, which deliver them to their destination. Shortly after, the passenger receives a note from Uber reporting an “adjustment” in the bill and an extra charge that can range from $80 to $150, depending on the driver’s prerogative.

The passenger, unaware of what’s happening, tries to contact Uber. The only way to do that is through the “help” button on the company’s app or internet page.

The first reply usually goes something like this: “I understand that it can be disconcerting to receive adjustments to the tariff after your trip ended … In this case, your driver notified us that during your trip there was an incident in the vehicle and therefore a cleanup fee of $150 was added.”

The message is accompanied by photos of the alleged incident — vomit in the vehicle. The Uber driver had sent the images to the company, which considered them sufficient evidence to add the cleanup charge to the bill.

Uber policy is to charge $80 if a passenger vomits or spills a drink on the seats or any surface difficult to clean. But the charge can increase to $150 in cases of “significant quantities of body fluids (urine, blood or vomit) in the interior of the vehicle.”

Uber says the extra fees compensate the drivers for the time and money they spend cleaning their vehicles.

So what happens if there was never any vomit?

Some passengers have to send three or four emails to resolve their complaints. They must tell Uber that there was no incident, and then wait for the company to investigate and, if it agrees, reimburse their money.

Vomit fraud is not the only way that some Uber drivers are cheating customers.

Some drivers never pick up the passenger but then charge for the trip. Some combine frauds and report incidents of vomit in trips that never took place.

Miami police say this type of fraud “is difficult to consider as a crime” and that any complaints are a matter between the passengers, Uber and its drivers.

If neither Uber nor the credit card issuers agree to reimburse the victims of fraud in Miami, it’s not clear if the dispute becomes an issue for the county or the state.

The Miami-Dade Office of Consumer Protection said that as of July 1, 2017 it no longer “regulates complaints against transportation services such as Uber or Lyft,” and that any complaints should be addressed to the Florida Department of Agriculture and Consumer Services.

The ridesharing phenomenon has made getting around town easier and provided many people with a new source of income. However, as the ridesharing industry grows, more and more instances of fraud and crime will pop up – just like this new vomit fraud epidemic.

If you have found yourself the victim of fraud from Uber or Lyft, It is in your best interest to consult with our Florida Injury Attorneys at Whittel & Melton about your case. With professional legal assistance, you will have more leverage in settlement negotiations with Uber and we may be able to get you reimbursed for what was wrongfully taken from you.

July 21, 2018

What can you do as the victim of a crime that the Government elects NOT to prosecute? Whittel & Melton, Florida Negligence Trial Lawyers

by Whittel & Melton, LLC

Two former University of Miami football players avoided jail time after accusations that they raped an intoxicated female student in a dorm room on the Coral Gables campus.

Now the victim has filed suit against the University of Miami in Miami-Dade Circuit Court alleging the school failed to protect a minor student athlete, coming to the university for the first time, from sexual assault on its Coral Gables campus.

She was 17 at the time and had come to UM to play soccer.

The 2014 incident, involving two of UM’s ex-linebackers — who were 20 and 19 at the time and immediately kicked off the team and expelled from the school — was resolved when both agreed to enter a pretrial diversion program for first-time offenders, undergo sex-offender treatment classes and complete 100 hours of community service.

She is seeking damages “far in excess” of $15,000, according to the suit.
The lawsuit lists 15 instances in which UM failed her.

Among them:

▪ Negligently allowing minors into a dormitory where there are not protections from other students, particularly other students who the University of Miami knows or should have known had “violate tendencies.”

▪ Negligently allowing minors into a dormitory where there was “no meaningful guarding” from being brought back into the dorm in an impaired state by two student athletes.

▪ Failing to have adequate security measures and policies in effect which would prevent a sexual assault and rape in a University of Miami dormitory.

As a victim of a crime that the government elects to avoid prosecution, you have options for seeking damages. Our South Florida Injury Attorneys at Whittel & Melton are dedicated to obtaining justice for people harmed by the intentional acts or negligence of others. We do this by forcing institutions to take responsibility for their carelessness by obtaining compensation for victims and making them change the way they operate. This helps the victim get started on their own recovery and prevents others from being victimized in the future.

We offer free consultations. We can help you achieve some sense of accountability and recover the financial compensation you need for medical care and counseling, lost earnings, and pain and suffering.

July 18, 2018

Are Restaurants Liable for the Safety of their Food? How about a Hot Dog Vendor at a Home Depot? : Pinellas County Widow Sues Clearwater Home Depot for Husband’s Death

by Whittel & Melton, LLC

A widow is suing Home Depot and a tenant, alleging negligence in the food poisoning death of her husband.

The woman filed a complaint June 27 in Pinellas Circuit Court against TIWI Group Inc. and Home Depot USA Inc., alleging they failed to follow applicable safety guidelines and regulations.

According to the complaint, the 74-year-old man was a part-time employee of a Home Depot in Clearwater. The suit says on July 4, 2017, he purchased a hot dog and coleslaw from the TIWI Group. The lawsuit says he became violently ill from food poisoning and died July 8, 2017, at Florida Hospital North Pinellas.

The woman says she has sustained the loss of her husband’s support, services, companionship, protection, mental pain and suffering, and incurred medical and funeral expenses. She blames the defendants in the selling and allowing the selling of contaminated food that resulted in food poisoning.

The lawsuit alleges the defendants failed to discover that the food consumed by the man was not fit for consumption, failed to warn customers of any potential dangers that existed in the food they sell and failed to ensure that food being sold was wholesome and fit to be consumed.

Food poisoning affects about 48 million Americans every year throughout the United States. Food poisoning can range in severity, causing everything from a mild upset stomach, a permanent disease such as hepatitis, and even wrongful death. When food poisoning can be traced back to a particular product or distributor, that responsible party can be held liable for causing the disease.

Food poisoning is entirely preventable and subsequent physical, mental, or financial harm can be incurred as a direct result of this illness. The negligent responsible party should be held liable for any losses. Our Pinellas County Injury Lawyers at Whittel & Melton can assist you in obtaining the full value of your losses.

July 16, 2018

Why Florida Negligent Security Lawsuits Matter – Florida Premises Liability Injury & Death Lawyer

by Whittel & Melton, LLC

This week we learned the Broward Sheriffs Deputies assigned to guard the baggage claim area of the Fort Lauderdale-Hollywood International Airport on Jan. 6, 2017 when a shooting occured that killed five people and injured another six, were not actually at their assigned posts. Instead, they were in a nearby office full of balloons and cake for a retirement party.

A Virginia Beach woman, who lost her husband in this shooting, is suing BSO, Delta Airlines and the security firms charged with protecting the airport.

The lawsuit asserts that in the immediate aftermath of the shooting, as her husband’s body still lay on the floor of the airport, she was hustled into that party room. She waited there for hours, she said, as law enforcement investigated the scene.

In the chaos after the shooting, she and another spouse of a shooting victim were shuttled from room to room inside the airport while police swarmed outside. One of those offices was festooned with balloons and a cake. The shooter pleaded guilty to the killings in exchange for avoiding the death penalty. He faces five life sentences at his Aug. 17 sentencing hearing.

That was the room where BSO deputies were celebrating a fellow detective’s retirement instead of guarding baggage claim when the shooting took place, the lawsuit alleges.

Airports, just like all other businesses, have a duty to maintain a safe environment. They have a duty to protect their customers/guests from any foreseeable crime or criminal activity, which means having security officers and security cameras.

Negligent security lawsuits matter because they hold the wrongdoer accountable for their actions. Whoever was in control or had the opportunity to use control of the property would be liable in a negligent security case. This could be the person or business that owns the property. In this case, the airline and the security company are being sued as being the responsible entities.

In order to successguly prove negligence, it depedns on what the crime was and if it could have been prevented. If it could have been prevented, it is relevant to establish whether the business or entity did anything in an attempt to do so. If the property owner knew of the danger and did nothing to protect people, then a claim for damages can be filed for personal injury or wrongful death.

July 12, 2018

Investigation Finds Daytona Beach Roller Coaster Derailed Due to Excessive Speed, Operator Error

by Whittel & Melton, LLC

An investigation from the Florida Department of Agriculture and Consumer Services found that the derailment of a Daytona Beach roller coaster in June that injured six people was caused by excessive speed and operator error.

The investigation said operator error was the reason the Sand Blaster Roller Coaster derailed June 14, causing a cart full of people to dangle above the ground. Of the 10 people on the ride, six had to be hospitalized.

During a post-accident inspection, engineers found evidence of previous derailments on the nearly 40-year-old coaster, including one that appeared to have taken place after it was refurbished in 2013, officials said in a preliminary report.

Had that derailment been addressed before the June accident, investigators said, the crash likely wouldn’t have happened. No other derailments had been reported to state officials before the June incident.

The coaster, which is on Ocean Avenue near the Daytona Beach Pier, has been out of operation since the accident and will remain out of operation indefinitely, officials said.

Roller coaster accidents can result in minor to severe injuries, and in some cases, death. Victims of roller coaster injuries in Daytona Beach and elsewhere throughout the state of Florida can rely on the experienced Roller Coaster Accident Attorneys at Whittel & Melton to provide legal representation in seeking compensation for their losses. We know how devastating these accidents can be, which is why we will fight for maximum compensation for roller coaster injuries.

Ride operators are hired to run roller coasters safely. These individuals are responsible for ensuring that each passenger is seated and secured properly in the ride, and that the ride starts and stops as it is intended. Even the slightest error on the operator’s part can lead to a serious roller coaster accident.

July 6, 2018

Bounce House Injuries: What Parents Need To Know

by Whittel & Melton, LLC

A three-year-old girl died on July 1 in a bouncy castle incident in Norfolk, U.K.
She was bouncing on the inflatable equipment — a bouncy castle with a trampoline — when the trampoline exploded launching her “30 feet” in the air and causing her to land on the sand.

This tragedy comes just two months after two fairground workers were found guilty of manslaughter by gross negligence for failing to properly secure a bouncy castle in Norwich, which killed a seven-year-old child.

According to the Canadian Hospitals Injury Reporting and Prevention Program (CHIRPP), there has been a vast increase in bounce house-related injuries in the last 20 years. Between 1990 and 2010, over 30 percent required medical follow up after initial treatment in the emergency department. The most common injuries were fractures and sprains.

In the U.S., the American Academy of Pediatrics reported that more than 64,000 children were treated in U.S. emergency departments for inflatable bounce house-related injuries between the years 1990 and 2010. From 2008 – 2010, the number of injuries more than doubled to an average of 31 injured children per day. More than a third of the children injured were under the age of six.

Our Florida Injury Attorneys at Whittel & Melton want your kids to remain safe at birthday parties, fairs, carnivals, festivals and all other celebrations. The following safety measures should be taken into consideration when your child is playing inflatable structures:

Always supervise children in a bounce house. ALWAYS!
Remove shoes, jewelry, and any hard or sharp objects from children’s pockets.
Group children together according to size to help reduce risk of injury from collision.
Do not allow children to perform stunts like flips or somersaults.
Make sure children stay away from the exit points when bouncing inside.
If the bounce house starts to deflate, exit promptly.
If there are high winds, do not use the bounce house.

Bounce houses and other inflatables fall under premises liability, a legal concept that applies to situations where there is an unsafe or defective object on someone’s property. In order to establish liability in a bounce house injury, you must prove that the property owner was negligent and failed to provide reasonable care.

The main defense against bounce house claims is that they come with an assumption of risk. This basically means that while you may know that bounce houses are potentially dangerous, you still allowed your child to play in one anyway.

July 3, 2018

Orlando Couple Suing Wal-Mart for Negligence

by Whittel & Melton, LLC

An Orlando couple is suing Wal-Mart, alleging loss of consortium and negligence in the injury of the wife.

The pair filed a complaint June 20 in Orange County Circuit Court against Wal-Mart Stores Inc., alleging failure to maintain its premises in a safe condition.

According to the complaint, on June 21, 2014, the woman was shopping at the Wal-Mart when an unsecured sharp corner edge metal tray at the coffee station fell and landed on her left foot, causing her to suffer injuries, impairment, disability, mental anguish, loss of enjoyment of life, loss of earnings and aggravation of a pre-existing condition.

The lawsuit alleges her husband and co-plaintiff suffered the loss of his wife’s services, companionship and consortium.

The couple alleges Wal-Mart Stores failed to provide a safe environment for shoppers, failed to warn the wife of the dangerous condition, and failed to timely repair the condition of its coffee station.

Loss of consortium pertains to the emotional, financial, and physical losses that spouses or family members experience after a negligence injury. It covers both death and personal injuries that may leave the victim without the sexual intimacy, emotional or financial support, or companionship that they had previously, and might still have, had it not been for the negligence of the at-fault party.

June 18, 2018

Florida Agency Investigating Roller Coaster Derailment in Daytona Beach

by Whittel & Melton, LLC

The Department of Agriculture and Consumer Services has opened an investigation into why a roller coaster derailed at an amusement park Thursday night in Daytona Beach.

The accident on the Sand Blaster ride at the Daytona Beach Boardwalk sent two riders plunging 34 feet to the ground and left two others dangling in one of the ride’s cars, according to the Daytona Beach Fire Department.

Four riders, all of whom were on the same car, and two others were rushed to Halifax Health Medical Center in Daytona Beach. A hospital official said information about their condition might be released sometime Friday.

Later Friday, the hospital said it “received nine patients.”

The Sand Blaster has been operating at Daytona Beach since 2013 after the 40-year-old ride was bought from a closed amusement park in Delaware a year earlier.

Thrill seekers and adventurists flock to roller coasters for an adrenaline rush. However, a roller coaster is one of the most dangerous rides at amusement parks. Each year there are an estimated 9,000 emergency room visits that stem from amusement park and roller coaster injuries.

While amusement park rides undergo extensive testing and regular inspections to ensure that they are safe, accidents can still happen, and when they do they can result in serious personal injury or wrongful death.

June 15, 2018

Woman Sues Clearwater Costco for Trip & Fall Injury

by Whittel & Melton, LLC

A Dunedin woman alleges she was injured when an unmarked curb at Costco caused her to trip and fall.

The woman filed a complaint on April 10 in the 6th Judicial Circuit Court of Pinellas County against Costco Wholesale Corp. alleging negligence.

According to the complaint, the woman alleges that on Sept. 5, 2017, while she exited the Costco store at the Clearwater Mall, she tripped on an unmarked curb, fell and was injured.

She holds Costco Wholesale Corp. responsible because the store allegedly failed to mark the change in elevation of the curb, failed to give warning of any latent or unrevealed dangers upon exiting the store, and failed to properly inspect and maintain premises.

Property owners in Florida have a duty to keep their property reasonably free from dangerous conditions that could potentially harm visitors. If such a hazard does exist, the property owner has a duty to warn visitors of the dangers until they can be properly repaired. Premises liability claims arise when property owners fail to acknowledge this duty and someone gets hurt on the property as a result.