Personal Injury Attorney

December 19, 2013

Florida Premises Liability Lawyer :: Beware! Holiday Décor Can Cause Slip, Trip and Fall Accidents

by Whittel & Melton, LLC

Who doesn’t love holiday decorations and lights? They are part of the holiday tradition, brighten any space and put on a smile on everyone’s face. However, as cheerful as holiday adornments can be, they can bring up a number of safety issues. Here are just a few of the ways holiday trimmings can cause slip, trip and fall injuries at your home and local businesses:

Christmas Trees – Large beautifications, like Christmas trees, should always be placed off to the side or in areas with less foot traffic to keep people from running into them or tripping over them.

Electric Cords – Electric decorations and lights have cords. Unfortunately, these can be hard to spot and lead to tripping hazards. Strings of lights and cords should be kept away from walkways to avoid injuries. The best place to store them is along the baseboard, where they are least likely to cause trip and fall accidents. Remember, do not ever staple or nail a cord to a wall as this is a fire hazard!

Live Plants – Live trees and plants require water. When water runs onto the floor, it can create safety hazard to all guests and visitors. All live plants should have drip pans placed underneath them to prevent liquid spills. Should any water spill onto the floor, it must be cleaned up immediately. Mats can always be used to prevent slip and fall tragedies in areas that could get wet.

Christmas Lights – Lights are beautiful way to add some sparkle to your house for the holidays, but it is important to not use these decorative lights as a substitute for proper lighting. When an entryway or stairwell is not adequately lit, a person can easily slip, trip or fall.

Holiday Decorations – Christmas decorations and wall adornments can easily fall down. Any fallen décor should be immediately picked up before it can become a safety hazard.

November 21, 2013

Florida Personal Injury Lawyer :: Cooking Your Thanksgiving Dinner Safely this Year

by Whittel & Melton, LLC

It is that time of year again and the Thanksgiving holiday is almost here! The focus on this holiday tends to be food and family, so it is important to bring up some cooking safety tips so that you can make sure your Thanksgiving meal goes off without a hitch.

The Thanksgiving holiday sees more residential fire deaths, injuries and property damage than any other day of the year. According to the Consumer Product Safety Commission, an average of 1,300 cooking fires were reported on Thanksgiving Day from 2009 to 2011, which is more than triple the average daily rate of about 400 cooking fires.

Fortunately, with good planning and solid lines of communication between all the chefs in the family, these fires can ultimately be prevented. The following tips can help to keep your holiday safe:

• Stand by your pan! You should never leave food that is cooking unattended. In case you need to walk away from your dish, turn the stove off or ask someone else to watch the food.

• Check your smoke alarms. What good is a smoke alarm if it does not work? Make sure you have properly working smoke alarms in your kitchen.

• Keep away from candles. It is best to avoid using these, especially if young children are around.

• Keep flammable objects away from the stovetop. This includes, oven mitts, wooden utensils, towels and other kitchen aides.

• Use a timer. This will remind you when dishes are done and when you can stop cooking.

• Keep electrical cords away from children. If you have electric appliances make sure cords are not left dangling in front of or near a child that can easily grab it.

• Keep children out of the kitchen until food has had time to cool. When food, such as vegetables and gravies, is too hot, serious skin burns can be caused to those that touch it.

Should a cooking fire arise in your household, follow these steps:

• In the event of a cooking fire, call 911, get everyone outdoors to safety and wait for the fire department to arrive.

• Keep a fire extinguisher in your kitchen just in case a fire ignites. Make sure the fire extinguisher is in working condition and is properly charged.

• If an oven fire breaks out in your kitchen, turn off the heat and keep the door closed.

• For small grease fires, it is best to smother the flames by sliding the lid over the pan and turning off the stove top. Keep the lid on the pan until it has cooled. Never use water to extinguish a grease fire as this could leave you with some serious burn injuries.

November 4, 2013

Florida Personal Injury Lawyer :: Jury Duty Scam Alert – Be Warned!

by Whittel & Melton, LLC

Jury duty scams are more recent trends that first came on the scene in 2005 and have been going around the United States ever since. The goal of these schemes is to catch unsuspecting individuals off guard and scare them into giving them money or providing their personal information, which often leads to identity theft.

Such is the case in a Denver, Colorado jury duty scam case. The Denver Post reports that a jury-duty scammer has been conning unsuspecting residents of unincorporated Jefferson County by threatening that they will be arrested for missing jury duty if they do not pay him.

The man apparently calls himself Major Tom Wilson with the Jefferson County Sheriff’s Office and tells residents to go to Walmart or Walgreens and buy $1,000 “Green Dot MoneyPak” cards for payment of fines related to missing jury duty.

The “major,” which is a rank that does not exist in the sheriff’s office, tells the victim to read him the numbers off the cards so he can access the cash, which works like a debit card.

Police claim that the suspect recently threatened a deputy who was with a potential victim while talking to the man on the phone. The suspect allegedly told the deputy if he did not permit the victim to go to the store that the “major” would have him disciplined.

Authorities are currently investigating the case and working to track down any new leads, but they are stressing that everyone be aware of the situation.

Jury duty scams likes these can occur anywhere, even in Florida. In fact, just last month a Palm Beach County man lost $2,000 in a jury duty scam.

The man apparently received a phone call from a man claiming he was a police officer and that he had missed jury duty and there was a warrant out for his arrest. The so-called officer told the man that there were fines for missing jury duty and if he did not pay them, he would be arrested.

Similar to the Colorado scam, this south Florida man was instructed to go to two different Walmarts in West Palm Beach and get $2,000 worth of Green Dot Money Pak cards, and give the numbers on the back of the cards to the “officer.”

Palm Beach Police are also warning people to keep an eye out for this scam.

October 24, 2013

West Palm Beach Florida Cruise Ship Injury Lawyer :: Woman Injured in Fall on Cruise Ship

by Whittel & Melton, LLC

A woman is recovering from injuries she suffered during a fall on a Carnival cruise ship, according to the Associated Press.

On Wednesday, the United States Coast Guard lifted the woman from the Carnival Sensation and flew her to St. Mary’s Medical Center in West Palm Beach.
According to the Coast Guard, the cruise line notified them that the 52-year-old woman fell in an elevator and injured both of her legs.

She was listed in stable condition.

No further details regarding the incident or the woman’s medical condition are currently available.

Slips, trips and falls are a leading cause of injuries on cruise ships, accounting for numerous injuries to passengers every year. Depending on the severity of these injuries you may incur lost time from work, costly medical bills and a headache from dealing with any insurance companies involved. Unfortunately, the physical and emotional pain that you endure from these injuries can continue long after your cruise vacation has ended.
Cruise ship injuries are usually caused by dangerous or hazardous conditions as a result of negligence or recklessness of crew members on the cruise ship, wet or slick surfaces on the vessel or barriers on the premise that should not be there. If you are injured from a slip, trip or fall caused by an unsafe condition on another person’s property, you may be entitled to financial compensation for your suffering.

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 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.

August 7, 2013

Florida Injury Lawyer :: Pedestrian Killed by Train in Osceola County

by Whittel & Melton, LLC

According to the Osceola County Sheriff’s Office, one person is dead after being struck by a train Tuesday.

The driver of an Amtrak travelling northbound saw the person lying on the tracks, blew the whistle and tried to stop but could not avoid the collision, according to an Osceola County Sheriff’s spokeswoman.

The victim is believed to have been a man — possibly a transit, according to police. He was struck around 7:15 p.m.

No foul play is suspected at this time, but an investigation is currently underway. It is unknown whether or not he lay on the tracks intentionally.

The crash happened at Tallahassee Boulevard in rural Intercession City, west of Kissimmee.

Nearly 100 passengers were delayed for almost three hours while police investigated the scene of the accident.

No one on the train was harmed.

Railroad accidents can be terrible tragedies that leave victims severely injured. Due to the sheer size of trains and their lack of ability to maneuver around unexpected circumstances, railroad accidents can be deadly. Losing a loved one in a train accident can be a horrific nightmare and as a surviving family member you may be unsure of what steps you should take next.

There are nearly 3,000 train accidents that take place across the United States every year that result in about 1,000 deaths. Due to the massive size of locomotives and their weight, even minor accidents can deliver catastrophic injuries. Filing a personal injury lawsuit or wrongful death suit can be quite complicated as these cases usually involve multiple parties and are subject to different laws and statutes of limitations than other types of injury lawsuits.

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.