Personal Injury Attorney

March 19, 2015

New Tween Seat-Belt Usage Campaign

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration issued a press release last week about the U.S. Department of Transportation’s first-ever National Tween Seat Belt Safety Advertising campaign. The campaign urges parents to “Never Give Up Until They Buckle Up.”

The NHTSA is utilizing this campaign to show the importance of targeting this age group and their parents about seat belt safety. It is absolutely vital for tweens to use their seatbelts any time they are riding in cars because these are formative years that immediately precede driving privileges for teenagers.

Unrestrained Tween Facts: Did You Know?

Within the past five years, 1,552 children between the ages of 8 and 14 died in car, SUV or Van collisions.
Around half of those children killed were not wearing seatbelts at the time of the crash.
The percentage of child passengers who die while riding unbelted tends to increase with age. This more pronounced among 13 and 14-year-olds, regardless of seating position.

The campaign targets the parents of children between the ages of 8 and 14 years old. Why? This is a very important time to instill the habit in children of always buckling up, for every trip. Tweens are just a few short years away from being in the driver’s seat, which makes this campaign all the more important.

Parents are encouraged to lead by example. No matter how short the trip, any time you get behind the wheel you should fasten your seatbelt before heading anywhere.

Tweens are constantly learning how to be responsible and make good decisions. It is up to the adult or adults in the car to make sure they are always buckled up. Again, it doesn’t matter if you are driving 2 miles or 2,000, tweens, children and adults need to be buckled up for every ride.

March 9, 2015

Man Stabbed Outside St. Pete Night Club

by Whittel & Melton, LLC

According to police, a man was stabbed and critically wounded during an altercation outside a St. Petersburg nightclub early Sunday.

Just before 2 a.m., an argument involving several people inside the nightclub located at 2420 Central Avenue, continued outside on the street.

A witness told police they saw a 29-year-old man stab a 32-year-old man twice.

An officer on the scene arrested the man accused of the stabbing and charged him with attempted second-degree murder.

The man that was stabbed was transported to Bayfront Health St. Petersburg where he underwent surgery. He is listed in critical condition.

Violent crime is a serious problem in and around bars and nightclubs. The Tampa Bay Negligent Security Lawyers at Whittel & Melton routinely represent victims of violent crime and help them to recover financial compensation for injuries, and in many cases, for wrongful death.

Business owners have a legal duty to provide adequate security for customers and visitors in order to prevent foreseeable violent crimes. If there has been criminal activity on or near the premises in the past, then the owner of the property should have known that future criminal activity could take place and taken proper steps to implement adequate security measures. When the proper steps are not taken, then the business or property owner can be held liable in a civil personal injury or wrongful death case based on negligent security and they could be required to pay compensation to the injury victim or the family of the person killed.

March 6, 2015

Top Causes of Auto Accidents in Florida

by Whittel & Melton, LLC

As deadly collisions continue to occur throughout the state of Florida, it is quite fitting that citizens of Florida should want answers. While there is not just one answer for the reason why deadly crashes occur, there is some insightful information available on motor vehicle accident causes across the state.

Top Causes for Crashes

Distracted Driving
Speeding
Road Rage
Impaired Driving
Fatigue

Distracted Driving

Distracted driving is one of the top causes of auto accidents in the state of Florida. From texting, talking on the phone, applying makeup, eating or engaging in any other manual, visual and cognitive non-driving tasks while behind the wheel, distracted driving puts Floridians in danger.

Speeding

Speeding is another top cause of motor vehicle collisions in Florida. Going too fast on the roadways can lead to serious injury as well as death. An increase in speed can lead to an increased risk of causing a serious traffic accident.

Road Rage

Aggressive driving maneuvers like tailgating and cutting off cars is another reason why so many auto accidents occur in Florida. Aggressive driving is a form of road rage, and can also include risky behaviors like improper signaling and swerving in and out of lanes.

Impaired Driving

Driving under the influence of alcohol or drugs also leads to lethal accidents on Florida roadways. While the FHP and local law enforcement agencies have been ramping up their efforts to crackdown on drunk drivers, impaired driving collisions are still happening in Florida.

Fatigue

Fatigue is also a major cause for concern when it comes to car crashes. When a driver is drowsy or sleepy, he or she is not likely to make good decisions behind the wheel. It is vital to be alert when driving any distance. Drowsy driving can easily lead to a serious collision in just the blink of an eye.

February 27, 2015

Motorcyclist Charged with DUI Manslaughter in Death of Skateboarder

by Whittel & Melton, LLC

According to Clay County deputies, a motorcyclist who was speeding in a Fleming Island neighborhood when he struck and killed a skateboarder last August, turned himself in Thursday morning.

The Clay County Sheriff’s Office claims that the 27-year-old was riding his motorcycle under the influence and going over 70 mph in a 30mph zone early the morning of Aug. 2 when he struck and killed the 23-year-old man on Bald Eagle Road.

The man was pronounced dead at the scene.

The biker was airlifted to UF Health Jacksonville, where he recovered.

According to the Florida Highway Patrol, the man’s blood test indicated his blood-alcohol was 0.089 and 0.091, which is above the state limit.

The man’s driving record includes 27 citations, four for speeding, three for careless driving and two for reckless driving. He was also arrested once before for DUI.

The man apparently surrendered to deputies at the Sheriff’s Office on charges of vehicular homicide and DUI manslaughter. He posted $15,006 bond and is currently out of jail.

An impaired motorcyclist is a very dangerous combination. Motorists who operate vehicles under the influence of drugs or alcohol are at a severe disadvantage as these can hinder one’s ability to perform functions normally. Motorcyclists under the influence of drugs or alcohol have slower reaction times, may experience difficulty focusing on the roads as well as have trouble balancing, all of which can significantly increase the likelihood of a motor vehicle collision.

February 26, 2015

GE to Pay $3.5 Million in Civil Penalties for Failure to Report Fire Hazards

by Whittel & Melton, LLC

According to the Consumer Product Safety Commission, General Electric has agreed to pay a $3.5 million civil penalty for failing to report an unreasonable risk of serious injury caused by defective ranges and dishwashers.

Reports show that the connector in the range’s wire harness can overheat and cause a fire, which could lead to serious burn injuries. In addition, various models of dishwashers were recalled because of similar fire hazards. The CPSC said the dishwashers could short circuit when condensation builds up on the control board.

Standard CPSC policy requires manufacturers, distributors, and retailers to report any findings related to a potential safety hazard or defect to the CPSC immediately. All information regarding potential risks or dangers should be reported within 24 hours of obtaining it.

GE and the CPSC announced the recall of 28,000 dual-fuel ranges in April 2009. The ranges were sold across the United States from June 2002 through December 2005. By the time GE recalled the product, 13 incidents had been reported regarding the harness and wiring overheating in the back of the range. Of these reported incidents, five resulted in a fire.

GE was apparently aware of this hazard dating back to 2004. GE also failed to report the fire hazards found in Profile and Monogram Dishwashers sold between July 2003 and October 2010. GE recalled 174,000 units in 2010 but knew of several incident reports dating back to 2007.

Besides the payment of $3.5 million, GE has also agreed to a compliance program as part of the settlement. The compliance program will be set up to ensure that the Consumer Product Safety Act is being met, as well as various protocols, including:

Proper procedures for recording, processing, and reporting information regarding possible safety issues
Written standards and policies
Confidential employee reporting of compliance concerns to a senior manager
Senior management is responsible for and general board oversight of compliance
Requirements for record retention

January 28, 2015

Prevent Drunk Driving Accidents Following the Super Bowl

by Whittel & Melton, LLC

The Super Bowl is a major event each year that can lead to drunk driving accidents that result in severe injury or death. Super Bowl parties start mid-afternoon and run into Sunday night, which means there are a large amount of intoxicated drivers on the roads afterwards. According to reports, approximately 40 percent of deadly car accidents on Super Bowl Sunday involve drunk driving. Last year, alcohol was a factor in a fatal car accident every 52 minutes.

Drunk Driving Legal Liability

Bars and restaurants usually have what is called Dram Shop insurance, meaning they are trained on how to responsibly serve and stop serving drinks. But, if you are hosting a viewing party at your house, you could be held liable if someone you serve ends up in a drunk driving collision. Dram shop laws were set in place to hold bars and restaurants liable for not practicing responsible alcohol service, but these laws have since been applied to party hosts.

If you are serving liquor at your Super Bowl party, the best thing to do is to stop serving at the end of the third quarter. Provide taxicab numbers for your guests so that they can get home safely. Understand that liability is determined based on if the one serving knew or should have known the person’s level of intoxication would likely lead to a crash.

Drunk Driving Accident Attorney in Florida

January 23, 2015

Motorcyclist Killed in Crash on U.S. 441

by Whittel & Melton, LLC

A motorcyclist who collided with an SUV on U.S. 441 and was ejected into a ditch by the impact of the crash passed away at a local hospital Wednesday.

The 65-year-old Ocala biker was transported to Ocala Regional Medical Center by ambulance following the crash. He was riding a 2011 Harley Davidson and was wearing a helmet, according to Ocala police.

The afternoon crash blocked traffic heading northbound on the busy thoroughfare at Northwest 20th Street for a little more than an hour as traffic homicide investigators from the Ocala Police Department conducted their investigation.

January 21, 2015

Two Disney Visitors Die After Riding Small World, Toy Story

by Whittel & Melton, LLC

Two Disney World visitors died late last year after riding two of the resort’s tamer rides, according to a state report issued Wednesday.

In one of the incidents, a 22-year-old woman with a pre-existing condition, lost consciousness after riding It’s A Small World on Christmas Day. She then passed away. The state report did not include the date of her death.

In the second incident, a 54-year-old woman lost consciousness after riding Toy Story Midway Mania at Disney’s Hollywood Studios in October.

Both of the rides are kid-friendly attractions that are described as moving at slow speeds.

Florida’s Bureau of Fair Rides releases reports of injuries associated with rides at major theme parks every quarter. This voluntary report includes injuries that occur on a ride and result in an immediate hospital stay of more than 24 hours, and are part of an agreement the parks have struck with the state. Because of this agreement, these parks are exempt from public regulation.

The last time there were two deaths in one quarter was in early 2007, when a 60-year-old man had a stroke after riding Soarin’ and a 52-year-old man collapsed at the Downhill Double Dipper at Blizzard Beach.

The last ride-related death at Orlando’s major theme parks happened at Typhoon Lagoon’s Surf Pool in August 2012. A 54-year-old man collapsed in the water and died of a heart attack.

Disney reported nine other incidents.

A 64-year-old woman fell and fractured her leg while stepping off the Prince Charming Regal Carousel at the Magic Kingdom. A 63-year-old woman with pre-existing health conditions had a headache and lost consciousness after riding Big Thunder Mountain Railroad. She then underwent surgery for an aneurysm. At the Mad Tea Party, a 49-year-old man tripped while exiting the ride and fractured his shoulder. After leaving Seven Dwarfs Mine Train, a 54-year-old man with a pre-existing condition felt ill, and a 72-year-old male felt nauseated and lethargic after riding Space Mountain.

At Epcot, a 74-year-old woman fractured her shoulder after tripping over another guest’s bag on Soarin’.

At Disney’s Hollywood Studios’ Rock N Roller Coaster starring Aerosmith, a 51-year-old woman suffered from memory loss and dizziness after riding the ride and later lost consciousness, while a 55-year-old woman had motion sickness resulting in nausea.

At Animal Kingdom, a guest with a pre-existing condition had a seizure on Kali River Rapids.

Universal Orlando reported five incidents. A 22-year-old man with a pre-existing condition felt sick after riding Harry Potter and the Forbidden Journey. A 36-year-old woman experienced neck pain on Hollywood Rip Ride Rockit. A 49-year-old woman with a pre-existing condition had a seizure on Dudley Do Right’s Ripsaw Falls. An 82-year-old woman experienced shoulder pain on Poseidon’s Fury. A 45-year-old man had a “change in mental status” on the Amazing Adventures of Spider-Man.

SeaWorld reported two incidents on the ride Journey to Atlantis. A 70-year-old woman suffered a collapsed lung and a 43-year-old man had a “personal medical condition.” No further details were provided in the report.

Amusement park accidents can occur at various different amusement parks. As this report shows, this can include large-scale parks like Disney World, Six Flags or water parks, or even involve smaller venues like carnivals and state fairs. Technically, even something as small as a school fair or carnival could be viewed as an amusement park if an accident were to occur. Accidents can involve visitors to the venue as well as staff members.

While most people enjoy visiting amusement parks, accidents that happen on these sites can be very serious and result in permanent injury or even death. Anyone involved in an accident at a theme park can potentially file a claim. Wrongful death lawsuits have been filed against many amusement parks when a tragedy occurs resulting in death. Personal injury lawsuits can also be filed when injuries occur at an amusement park, such as neck and back injuries, heart attacks, broken bones, internal injuries, loss of limb and disfigurement.

January 5, 2015

Did You Receive a Keurig for Christmas? Over 7.2 Million Recalled

by Whittel & Melton, LLC

Keurig is recalling nearly 7.2 million of its MINI Plus Brewing Systems after it was found that the machines have caused dozens of burn injuries.

The recall includes about 6.6 million MINI Plus Brewing Systems in the United States and another 564,000 in Canada. After the company received word of at least 90 burn-related injuries due to hot liquid escaping from the machine, a recall was issued.

According to the Consumer Product Safety Commission, water from these Keurig machines can overheat during brewing, and spray out water causing burns. A Keurig vice president issued a statement that the injuries reported were “generally minor” and were “handled promptly.” Regardless, the company decided to recall the machines because of the reported malfunction.

The recalled machines are Keurig MINI Plus Brewing Systems with model number K10 marked on the product’s packaging. You can also identify these machines using the product’s serial number located on the bottom of the brewer. A full list of the recalled serial numbers can be viewed on the CPSC website.

According to the CPSC, the recalled machines were sold between December 2009 and July 2014, both online through Keurig and at major retailers such as Target, Walmart and Kohl’s.

When there is the possibility of a defective product on the market, the manufacturer is generally required to provide consumers with a recall remedy at no extra cost to the consumer. Keurig is offering a free repair kit to consumers who have purchased a Keurig machine included in the recall. Those who have one of the affected machines can contact Keurig by phone or by email using the contact information available on the MINI Plus Brewing System website.

For now, the company is urging consumers using the product to avoid brewing more than two cups in rapid succession, and to maintain an arm’s length distance from the machine while brewing.

January 2, 2015

Woman Hit in Leg by New Year’s Celebratory Bullet Fired Into Sky at Busch Gardens

by Whittel & Melton, LLC

A 20-year-old Seminole woman visiting Busch Gardens was hit by a stray bullet fired into the air during New Year’s Eve celebrations Wednesday night, according to police.

According to Tampa police, the woman was sitting in the Gwazi Pavilion area around 11:50 p.m. when she felt pain in her lower left leg. Busch Gardens Medical Services assisted the woman and transported her to St. Joseph’s Hospital.

X-rays showed a bullet lodged in her leg, according to reports. No other injuries were reported at the theme park.

A Busch Gardens spokesman said it appears the gunfire came from off the premises.

The incident just reiterates how dangerous firing weapons into the air can be.

In 2012, a stray bullet came down and pierced the skull of a 12-year-old boy as he watched fireworks outside his family’s home in Ruskin. The bullet traced diagonally through his brain, leaving him comatose for several days.

Many people celebrate New Year’s Eve by firing guns into the air. However, what these people fail to realize is that this can cause serious injury or death. When bullets are fired into the air, they fall with great force, creating an impact substantial enough to cause serious injury and even death. The risk of fatality is usually far greater than for gunshot injury victims due to the fact that victims are usually struck in the head. Head injuries like these can mean loss of cognitive abilities, sensation and movement. Traumatic brain injuries from gunshot wounds often entail a lifetime of rehabilitation and medical bills.