Personal Injury Claim

May 16, 2017

Suit Alleges Orlando Wal-Mart Employee Allowed Stack of Tables to Fall on Shopper

by Whittel & Melton, LLC

A woman is suing Wal-Mart Stores for negligence in a store accident that resulted in a stack of tables falling on her arm.

The woman filed a complaint on March 20 in the Orange County Circuit Court against Wal-Mart alleging that its store failed to provide a reasonably safe environment for its patrons.

According to the complaint, the woman says that on May 21, 2016, she suffered bodily injury, disability, medical expenses, loss of earnings and aggravation of a previously existing condition resulting from the negligent action of an employee as he allowed a stack of tables to fall on her arm.

She holds Wal-Mart responsible because the store failed to exercise reasonable care in the maintenance, inspection, customer service or mode of operation of the premises.

The woman is seeking compensatory damages in excess of $15,000 together with interest and costs.

When you set foot inside a retail store you expect you will be provided with a reasonably safe shopping experience. In fact, retail stores are legally obligated to maintain safe premises. If you slip, trip, fall or suffer another type of injury in a retail store you may have a valid legal claim against the store for financial compensation.

Many retail store injuries can leave you emotionally traumatized and physically unable to work. When you are unable to work, your finances can wind up in complete disarray. If you have suffered due to the negligence of a retail store employer or owner, let our Florida Personal Injury Lawyers at Whittel & Melton help you obtain the compensation you need to move forward with your life.

May 13, 2017

This Week is National Hurricane Preparedness Week

by Whittel & Melton, LLC

Hurricane season doesn’t officially begin until June 1, but President Donald Trump has proclaimed this week ‘National Hurricane Preparedness Week.’

The time to prepare is now, before any storms make it to Florida. The last thing you want is to be caught off guard- this could be a deadly mistake.

Many people facing tropical storms and hurricanes last year in Florida, wish they had been more prepared, and for good reason. This is why President Trump hopes people get prepared right now during Hurricane Preparedness Week.

Your to do list should include:

Coming up with an evacuation plan
Getting your disaster supplies together
Calling your insurance company for a checkup to make sure you have the right coverage
Checking your home to make sure it’s in good condition and can withstand a storm
Checking in with your neighbors on their storm plans
Writing down your hurricane plan so your whole family is in the know

Our Florida Hurricane & Storm Damage Lawyers at Whittel & Melton would like to recap the 2016 hurricane season. We started with a rare January hurricane, Alex, and ended with Hurricane Otto which made landfall in Nicaragua on November 24. This year was an above-average season. There were 15 named storms and 7 hurricanes. There were 3 major hurricanes: Gaston, Matthew and Nicole. Category 5 Matthew was the strongest one.

May 5, 2017

Have a Safe & Fun Cinco de Mayo

by Whittel & Melton, LLC

Cinco de Mayo is a Mexican holiday celebrated today- the 5th of May! The date is observed to recognize the Mexican Army’s unlikely victory over French forces at the Battle of Puebla on May 5th, 1862.

In the United States, Cinco de Mayo is heavily celebrated. Our Florida Injury Lawyers at Whittel & Melton want to help you celebrate safely. Here’s how to have an unforgettable and safe Cinco de Mayo:

Plan Ahead

April 24, 2017

New Study Shows ATV-Related Injuries in Children Worse Than Those From Auto Accidents

by Whittel & Melton, LLC

All-terrain vehicle-related injuries are a huge problem across the United States, and we see more children affected than adults. According to researchers at Wake Forest Baptist Medical Center, the major risk factors for young riders also are entirely preventable.

Their studies show that the injuries children sustain from ATV-related accidents are frequently more severe than injuries received from motor vehicle crashes.

Researchers reviewed data from 16 published studies conducted from 2000 to 2010 on the epidemiology and risk factors among ATV-related injuries in American children.

Data from 2013, the most recent reporting year from the U.S. Consumer Product Safety Commission, showed that there were an estimated 99,600 ATV-related injuries in the United States that required at least emergency department treatment. Of those, approximately 25 percent were in children under 16.

The factors that appear related to the relatively high rates of death and injury for children are more powerful machines, younger drivers and lack of safety equipment and risky driving behavior. The most common causes for ATV injuries among young riders are vehicle rollover, collision with a stationary object and ejection from the vehicle.

One of the biggest dangers is when children are given free rein to use an adult-sized machine, like an ATV. The truth is that ATVs are often driven by children too young for a driver’s license, and allowing them access to these machines that are prone to flipping over and rolling is just not a good idea. It is very easy for kids to lose control of these machines, as ATVs can reach speeds above 50 MPH. Most parents would not allow their child to drive a car at that speed, and cars are outfitted with airbags and seat belts, where ATVs are not.

ATV accident victims can suffer severe injuries and even wrongful death. Traumatic brain injuries are common for ATV accident victims, and these injuries usually require long-term medical care.

April 17, 2017

Six Flags Maryland Roller Coaster Stalls, Dozens Rescued

by Whittel & Melton, LLC

Nearly two dozen visitors to Six Flags America in Bowie, Maryland, were stuck on a roller coaster when it stalled Thursday.

A spokesman for Prince George’s County Fire Department said firefighters rescued all riders on board the Joker’s Jinx coaster four hours after crews arrived to rescue them.

Six Flags issued a statement about the incident:

Joker’s Jinx did not complete its regular ride cycle causing it to stop at a safe location on the track. The Prince George’s County Fire Department is onsite to assist in getting the riders safely off the ride. The safety of our guests is our highest priority and the ride will be closed for a thorough inspection before re-opening.

The ride has had this problem before when it became stuck in 2014. The rescue took hours.

Roller coasters, while thrilling, are the most dangerous rides at amusement and theme parks. Each year, roller coaster and theme park injuries account for 9,000 emergency room visits.

If an amusement park’s negligence results in an accident, whether it be a roller coaster stalling or a slip and fall accident, injury victims may be entitled to financial compensation from the amusement park owners for their suffering.

April 3, 2017

Shaq Furnishes Home of Girl in Dog Attack

by Whittel & Melton, LLC

Shaquille O’Neal has bought new furniture for the family of a 5-year-old Atlanta girl who survived a dog attack that left another child dead.

According to reports, the girl returned home this week after being hospitalized since the Jan. 17 attack. The two children were walking to a bus stop when they were attacked by two dogs. One died from his injuries. The dogs’ owner has been charged with involuntary manslaughter and reckless conduct.

O’Neal met the family at an Atlanta furniture store and picked up the tab for new items. The family said that the former NBA star and current TNT analyst has been involved with the family since the attack.

This may come as a surprise, but nearly 4.7 million Americans are attacked by dogs every year. These attacks result in 800,000 people requiring medical treatment for their injuries. Sadly, the dog attacks that result in fatalities usually involve innocent children.

It is true that most dogs go through their lives without delivering harm to anyone. However, most does not mean all and traumatic dog attacks do happen. If a victim survives a dog attack, they are usually left to deal with painful, permanent scarring to the face and body.

March 9, 2017

Florida Leads Nation in Motorcycle Crash Deaths

by Whittel & Melton, LLC

Drivers should anticipate an increase in motorcycle traffic on Florida roads, as thousands of motorcyclists ride into Daytona for the 76th annual Daytona Bike Week March 10-19.

With that said, Florida has the most motorcycle crash fatalities in the nation, according to the National Highway Traffic Safety Administration.

According to the most recent crash data, Florida saw a 30 percent increase in motorcycle deaths in 2015, the highest on record. Motorcyclists accounted for 20 percent of motor vehicle fatalities in the state, yet motorcycles account for only 3 percent of registered vehicles. In 2015, 606 people died and 9,045 were injured in motorcycle crashes on Florida roads.

The top counties for motorcycle fatalities are:

Miami-Dade
Hillsborough
Broward
Palm Beach
Pinellas
Lee
Orange
Duval
Brevard
Pasco
Polk
Volusia

Motorcyclists lack the protection offered to drivers of cars and trucks. Collisions that would cause minor injuries to a car or truck driver can be fatal to motorcyclists. That is why the fatality rate for motorcyclists in accidents is six times the fatality rate for passenger vehicle occupants.

March 6, 2017

3 Apple Sauces Recalled From Trader Joe’s Due to Risk of Glass Pieces

by Whittel & Melton, LLC

Manzana Products Co. Inc. is voluntarily recalling three different types of Trader Joe’s apple sauces because of the potential presence of glass pieces.

The three applesauces recalled are:

Trader Joe’s All Natural Unsweetened Apple Sauce
Trader Joe’s Organic Unsweetened Apple Sauce
Trader Joe’s First Crush Gravenstein Unsweetened Apple Sauce

Each apple sauce is packaged in a 24-ounce glass jar, and customers can find the “best before” date stamped on the top of the lid.

The recall was initiated after the company received customer reports of glass found in some of these products.

The company said that all products have been removed from store shelves and destroyed.

Customers who have purchased the products listed above should not consume them. They may return them to Trader Joe’s for a full refund or throw them away.

Call Manzana Products Co. Inc. at 707-823-5313 with any questions.

Swallowing glass can pose serious health concerns. Sharp foreign objects, like glass, can cause laceration, puncture or other physical injury to someone’s teeth, jaw, tongue, perioral tissue, pharynx or esophagus. Once swallowed, glass or any foreign body can also cause injuries to the stomach, intestine or rectum while passing through the lower gastrointestinal tract. In some cases, the foreign matter cannot be passed and requires surgery.

Another concern of swallowing a foreign object, like glass, is the choking hazard. If a shard of glass is caught in a person’s throat, this can result in hypoxic brain injury or asphyxia related death.

February 22, 2017

Carnival Fascination Passenger Was Injured Getting Out of Hot Tub

by Whittel & Melton, LLC

A Kentucky woman claims a slippery deck near a hot tub on a Miami-based cruise ship caused her to fall.

The woman filed a complaint on Feb. 13 against Carnival Corp., doing business as Carnival Cruise Lines Inc., alleging negligence.

According to the complaint, the woman claims that on Feb. 26, 2016, she suffered serious physical injuries when she slipped and fell while exiting the Jacuzzi onboard the Carnival Fascination. She holds Carnival Cruise Lines Inc. responsible because they failed to warn the her regarding the slippery surface while exiting the Jacuzzi.

If you were injured in a cruise ship accident, you are not alone. Countless cruise ship passengers are injured every year, usually do to the negligence of a cruise line or its employees. Sadly, most of these injuries are 100 percent preventable. Slip, trip and fall accidents make up the majority of these incidents, resulting in a plethora of injuries including head injuries, broken bones, and spinal cord injuries. In most cruise ship slip, trip and fall cases, financial compensation can be sought by filing a personal injury claim.

While there are numerous ways a slip, trip and fall accident can occur, negligence is usually a contributing factor. The key to gaining a successful outcome for your claim, is proving negligence and showing that the negligence caused injuries to the victim.

February 14, 2017

Kane’s Furniture In Florida Settles Class Action Suit

by Whittel & Melton, LLC

A preliminary settlement has been reached in a class-action lawsuit filed against Kane’s Furniture that accused the store of failing to honor lifetime warranties for defective “bonded leather” furniture that peeled, flaked and deteriorated.

Notices to about 15,000 customers who purchased the furniture were put in the mail starting Friday providing details and asking them to submit claims by April 11 for full or partial refunds or store credits, according to court records.

Kane’s admits no wrongdoing in the settlement. It has blamed the Mississippi manufacturer that sold the furniture to Kane’s for defects and the inconvenience caused to customers. Kane’s actually filed a suit against that manufacturer in a case that was later settled.

A Kane’s spokeswoman said they are happy to settle the suit and would have never purchased the product if they had known it was inferior or defective.

Anyone who complained to Kane’s about problems with the furniture within a year of purchase is eligible for a 100 percent refund of the purchase price or a store credit, documents show. Anyone who complained after a year — but no later than two years — is eligible for a 50 percent refund or a credit valued at 100 percent of the purchase price.

Additionally, Kane’s has agreed to pay up to $2.5 million to those customers who did not complain within two years and others who never complained, ranging from 5 percent to 100 percent of the purchase price, depending on when the furniture was purchased, the claims notice says. That will be paid out in the form of a 60 percent store credit and a 40 percent cash payout.

Any payment made to Kane’s for furniture repair counts toward the refund or credit, the settlement says. Customers who have already received an exchange, credit or refund are not eligible for additional payments or credits.

The settlement involves furniture sold from July 27, 2010, through Dec. 5, 2016. At issue was furniture manufactured by Southern Motion Inc. using bonded leather, a synthetic, processed leather like substance that contains less than 17 percent actual leather.

When a product does not live up to its promise or it causes injury due to a bad design or manufacturing defect, the manufacturer is responsible. Manufacturers have a duty to design their products and test them to industry standards. If they know of any hidden or potential dangers, they must warn consumers. They must also stand behind their product, so if they know of a design flaw, they must make sure consumers are aware. In most defective products cases, large numbers of consumers experience similar issues due to the same design flaw.