Personal Injury Attorney

December 31, 2018

Negligent Security Can Lead to Sexual Attacks :: Orlando Tenant Suing Property Owner For Negligence After Sexual Assault

by Whittel & Melton, LLC

A tenant is suing an Orlando apartment complex owner, alleging negligent infliction of emotional distress on the plaintiff due to a sexual assault.

The woman filed a complaint Dec. 6 in Orange County Circuit Court against the owners of an apartment complex, alleging the property controllers negligently failed to maintain a safe environment for its tenants.

According to the complaint, on May 31, 2017, the woman was legally in her apartment unit in Orlando when when an unknown man opened a damaged/broken sliding glass door while she was sleeping. The suit says the woman was attacked and sexually assaulted, leading to severe physical and mental trauma, plus continuing medical expenses.

The woman says the property owners failed to repair a damaged/broken glass sliding door despite numerous complaints and failed to install adequate security cameras.

There are terrible incidents of sexual assaults, muggings and other violent crimes that happen in apartments and other public places. Sadly, many of these incidents occur because of inadequate or negligent security. The law requires property owners to take the necessary steps to ensure a safe environment for anyone who is on the property. This includes hiring security, placing security cameras, installing locks, repairing broken/damaged property conditions, and more. A property owner has a legal obligation to protect people against known dangers.

Many victims of violent crimes suffer emotional and mental injuries that far outlive their physical injuries. Victims may suffer from significant depression and post traumatic stress disorders that leave them unable to resume their daily routines and activities for extended periods of time. Because of this, it is imperative that any person who was the victim of a violent attack due to a property owner’s negligence gets the legal help they need before the statute of limitations expires.

December 27, 2018

Florida Casino Shuttle Boat Fire Blamed on Poor Maintenance

by Whittel & Melton, LLC

Investigators believe a casino shuttle boat fire that killed one woman and injured 14 other people off Florida’s Gulf Coast was caused by poor maintenance and the captain’s failure to shut down the engine sooner.

The National Transportation Safety Board released a report this month outlining the factors that led to a 42-year-old woman’s death and the destruction of the $450,000 boat. According to authorities, about 50 passengers jumped into the chilly waters off Port Richey in January when the Island Lady caught fire. It was heading to a Tropical Breeze casino boat in the Gulf of Mexico, where gambling is legal.

Problems outlined in the NTSB report include lack of company guidance regarding engine high-temperature alarms, lack of fire detection in unmanned spaces, insufficient preventive maintenance and insufficient crew training.

When you are harmed in a boating accident, you are suddenly left to endure injuries, medical bills and lost wages. When a fun excursion on the water results in serious injury or a wrongful death, our Florida Maritime Attorneys at Whittel & Melton can provide you with quality legal representation.

Maritime laws apply to boating accidents that occur at sea or on lakes or rivers. Maritime law is quite different from the law that applies to auto accidents or other accidents that occur on land.

The owners and operators of boats have a duty to warn passengers of dangers and to operate their boats properly. We represent clients who have been injured while on vacation or enjoying a day on the water in:

Cruise ships
Shuttle boats
Yachts
Deep sea fishing boats
Jet Skis and other personal watercrafts
Charter boats
Sail boats

December 18, 2018

Beware: Phishing Scam Targeting Netflix Users

by Whittel & Melton, LLC

The video streaming company Netflix has been targeted in a fraudulent email that asks customers to update their account billing information. Police nationwide are warning residents of the phishing scam, which claims Netflix is “having some trouble” with the customer’s current billing information and that the customer’s account is “on hold.”

It includes an “update your account now” button that takes users to the fraudulent site.

“Yikes! That definitely didn’t come from us,” the company said in a tweet after a user sent a screenshot of an email received as part of the scam. “Any communications you get via email from Netflix will come from info@mailer.netflix.com.”

December 13, 2018

Miami Police Officer on Patrol Killed in ATV Crash

by Whittel & Melton, LLC

Authorities say a Florida police officer is dead following an all-terrain vehicle crash.

Miami-Dade police say the officer was patrolling an area near a canal Wednesday afternoon when he hit a tree.

He was following up on nuisance and theft complaints by residents. Police say the officer had been called to an enforcement action just before the crash.

Police are still investigating the crash.

If you’ve been injured or lost a loved one in an ATV accident, you may be entitled to financial compensation for your pain and suffering. ATV accidents can result in serious injuries, even death, as this case shows. Our South Florida ATV Accident Attorneys at Whittel & Melton can help you receive the compensation that you deserve for ATV accident injuries and death.

ATV crashes can deliver serious injuries that may affect you for the rest of your life. Without the protection offered by cars, ATV drivers and passengers are more likely to suffer from life-threatening injuries. This is especially true because ATVs are highly prone to rollovers. We commonly see the following injuries from ATV accidents:

December 12, 2018

Guests Injured After 2 Disney Buses Crash at Epcot Parking Entrance

by Whittel & Melton, LLC

More than a dozen people were taken to a hospital after two Disney World buses crashed into each other Tuesday at the entrance to Epcot’s parking lot, according to the Florida Highway Patrol.

The crash happened just before 10 a.m. A Disney bus driven by a 21-year-old failed to stop and rear-ended a Disney bus driven by a 62-year-old near a tollbooth on Epcot Center Drive, according to an FHP report.

According to authorities, 51 passengers were on the bus that was hit. Fourteen were taken to a hospital with minor injuries, police confirmed.

The driver of the bus that failed to stop was ticketed for careless driving, according to an FHP report.

Neither driver was injured.

When you are driving on any type of road, or riding as a passenger, you are trusting that everyone on the road will follow the laws and operate their vehicles with caution. However, that is not always the case. Sometimes, drivers get careless with the way they maneuver their vehicles. Careless driver accidents can result in serious injuries and damage, possibly even wrongful death.

Once you have recovered from the shock and pain of your injuries, obtaining legal representation can help you financially recover after an auto accident caused by a reckless or careless driver. Seeking legal help from Whittel & Melton is one of the first steps to returning to your normal life after the accident. In preparation for your lawsuit, it is important to collect:

Information about the accident
Medical records and bills
Wage loss information
Pictures of injuries

December 11, 2018

Man’s Arm Stuck in Ride at Disney’s Typhoon Lagoon

by Whittel & Melton, LLC

A 44-year-old man was injured Saturday on a raft ride at Disney’s Typhoon Lagoon, according to the Orange County Sheriff’s Office.

Deputies responded to the water park at about 1 p.m. The man was riding Miss Adventure Falls when his arm became stuck between the ride’s conveyor belt.

Disney cast members attempted to free the man’s arm before deputies arrived. The Reedy Creek Fire Rescue responded to the water park and were able to free the man’s arm.

The man was flown to Osceola Regional Medical Center with non-life threatening injuries.

The attraction is currently closed while Disney reviews the incident.

Miss Adventure Falls debuted at Disney’s Typhoon Lagoon in 2017.

In 2017, the latest year for statistics on Disney parks, 2.163 million people visited Disney’s Typhoon Lagoon. That breaks down to 5,926 visitors a day.

The rides and activities at most water parks have the potential to cause very serious injury if things go wrong. Because of this, operators must exercise reasonable care to ensure the safety of their rides and their riders.

While it is very important to document an injury and report it to park officials, obtaining legal representation swiftly following the accident is essential in prevailing in a lawsuit against a water park. You may be entitled to recover for your medical expenses, lost wages, pain and suffering, wrongful death, or other losses.

December 10, 2018

Sex Abuse Allegations Run Rampant in Fundamental Baptist Churches Across U.S.

by Whittel & Melton, LLC

In a Baptist Church, the Pastor and Church leaders are looked up to by members of the congregation, especially young children. This enormous amount of power and influence the church has over its members creates dangerous opportunities for childhood sexual abuse in the Baptist faith.

The Star-Telegram investigated and discovered at least 412 allegations of sexual misconduct in 187 independent fundamental Baptist churches and their affiliated institutions, spanning 40 states and Canada.

Twenty-one abuse allegations were uncovered exclusively by the Star-Telegram, and others were documented in criminal cases, lawsuits and news reports. But victims said the number of abused is far greater because few victims ever come forward.

One hundred and sixty-eight church leaders were accused or convicted of committing sexual crimes against children, the investigation found. At least 45 of the alleged abusers continued in ministry after accusations came to the attention of church authorities or law enforcement.

This confirms that childhood sexual abuse is as prevalent in the Baptist Church as it is in the Roman Catholic Church. The crazy thing with the Baptist Church is that they have no procedures set in place for tracking abusive clergy members who are transferred out of state, for removing accused abusers from the Church, or for informing members that their officials have been accused of abuse against children. The absence of a central agency for Baptist Churches to report child molesters has resulted in church officials moving from one church to another without their new home ever learning about the history of sexual abuse.

November 29, 2018

Orlando Texas Roadhouse Sued in Slip & Fall Accident

by Whittel & Melton, LLC

A Florida woman is suing Texas Roadhouse Inc., a national chain, after she slipped and fell down at one of the barbecue restaurants in Orlando.

The woman filed a complaint on Nov. 8, in the 9th Judicial Circuit Court for Orange County, alleging that the restaurant failed to keep the premises safe.

She alleges that she slipped and fell down on a wet or slippery substance on the floor while at the Texas Roadhouse. She suffered injuries that resulted in pain, disability, disfigurement and scarring. She also has suffered mental anguish and lost enjoyment in life. She incurred medical costs and lost income as a result of the accident.

She holds Texas Roadhouse responsible because the restaurant failed to follow its own corporate policies regarding the dangerous condition, failed to have adequate staff on duty and/or assigned to the task of inspecting and maintaining the premises, and failed to provide warning signs of debris and/or a slippery substances.

Restaurants have basic duties that are owed to customers they invite onto their premises. A restaurant must ensure that the property is inspected regularly to identify whether there are any hazardous or dangerous conditions that could cause an accident to occur. Things like slippery floors, uneven tiles, broken stairs or railings and other unsafe conditions must be corrected or at least have warnings that are visible to guests so that they can avoid the unsafe area.

If there are not adequate warnings, and if dangerous conditions are the direct cause of an accident, a slip and fall victim can pursue a claim for financial compensation. Restaurants can be held accountable for any injuries that can be traced back to their negligence. The restaurant can be held responsible for costs associated with medical care and treatments, missed time from work, lost wages or loss of earning potential. Victims may also be able to recover non-economic damages as well, including pain and suffering and mental anguish.

Our Florida Slip & Fall Injury Attorneys at Whittel & Melton can provide assistance if you have been injured in a slip and fall accident at any restaurant or other premise. We can mount a strong case on your behalf with the hopes of recovering maximum monetary compensation for your slip and fall injury claim.

November 28, 2018

State Lawmakers Push to Tighten Texting-While-Driving Laws

by Whittel & Melton, LLC

A deadly Sunday crash that killed a cyclist and injured six others in South Florida is sadly the latest reminder about the dangers of distracted driving.

Investigators are still working to piece together what happened, and state lawmakers are continuing their push to strengthen Florida’s traffic laws in the hopes of making people safer on the road.

And it’s not just lawmakers calling for change. Families who have lost loved ones are joining in the effort, saying the laws don’t do enough to crack down on texting while driving.

Legislation has been trying to enhance existing laws since 2015, but concerns about racial profiling and potential privacy issues have put the brakes on any substantial change.

Under the latest proposal, drivers could still use cell phones for navigation. To talk on their phones, however, they would be required to use a hands-free device.

Last year, state Sen. Audrey Gibson of Jacksonville, now the Senate Minority Leader, suggested that moving to hands-free devices would erase concerns about racial profiling.

Keeping with current law, the legislation allows for cell phone records to be accessed in cases dealing with deal or physical injury. That could curb some of the privacy concerns voiced in years past.

Though this year’s version of the bill has not been assigned to any committees yet, lawmakers will return to Tallahassee in December for the first rounds of committee hearings.

On highways, interstates and roadways throughout Florida, drivers who allow distractions to interfere with their driving cause serious accidents that can lead to fatalities. If you or a loved one has been injured in an accident caused by a distracted driver, you don’t need to go through this difficult time on your own. Our Florida Auto Accident Attorneys at Whittel & Melton can help.

We will investigate your case and determine if the other driver involved in your accident was using their cellphone or otherwise driving while distracted. We can use this evidence to establish liability, so that you can seek financial compensation for your losses.

November 26, 2018

Tampa Based Investment Fund Collapse Story Involves Jeff Vinik, Owner of Tampa Bay Lightning

by Whittel & Melton, LLC

James Cordier, head of a Tampa hedge fund with clients all over the world, has lost $200 million or more of clients money, which includes Tampa Bay Lightning owner Jeff Vinik.

Cordier founded OptionSellers, named for the financial tool that gives investors the right to buy or sell stocks or commodities at a fixed price.

In trading natural gas options for his clients this month, Cordier assumed that gas prices would drop because of a milder than expected winter. But on Nov. 14, natural gas futures shot up as much as 20 percent — the biggest gain in eight years — and wiped out all of his clients’ investments.

Many of Cordier’s clients also had retirement accounts with a New York brokerage and had borrowed money from those accounts to try to stem their option losses. Now those clients will have to pay back the brokerage.

Our Tampa Bay Negligence Attorneys at Whittel & Melton can help you notice when stockbrokers take unnecessary risks. When stockbrokers are negligent in upholding their fiduciary duty and provide risky investment advice to their clients people can lose large sums of money, as the above article shows. However, people should know that they have rights and recourse to hold negligent stockbrokers accountable for their failure to live up to their fiduciary duties.

Negligence that can lead stockbrokers to give unsuitable investment advice may include stockbrokers’:

Failure to thoroughly research an investment
Failure to disclose all of the potential risks associated with the investment
Failure to provide all material information related to a particular investment
Failure to provide unbiased investment advice, which could be a form of investment fraud
Failure to disclose the terms of credit when credit is used to purchase stocks, bonds or mutual funds