Personal Injury Claim

August 10, 2016

Child Decapitated On Water Slide At Kansas Park

by Whittel & Melton, LLC

A 10-year-old boy was decapitated as he rode a 168-foot tall waterslide at a waterpark in Kansas Sunday.

The boy was decapitated on the “Verruckt” raft ride at the Schlitterbahn WaterPark in Kansas City, Kansas.

The boy was in a raft with two women who were not related to him when he was killed. The women were treated for facial injuries.

The Guinness World Records has certified the ride as the tallest in the world.

At least two people who recently rode on “Verruckt” — German for “insane” — have said the nylon shoulder straps came loose during the ride. It is not clear at this time if the straps played any role in the boy’s death.

The park said Tuesday that “Verruckt” will be closed for the rest of the season.

“Verruckt” riders sit in multi-person rafts that begin with a steep drop, followed by a surge up a second hill before a 50-foot descent to a finishing pool. Each “Verruckt” rider must be at least 54 inches tall, and the combined body weight of the riders on each raft is limited to 400 to 550 pounds.

Riders are harnessed in with two nylon seatbelt-like straps — one that crosses the rider’s lap, the other stretching diagonally like a car shoulder seat belt. Each strap is held in place by long Velcro-style straps. Riders also hang on to ropes inside the raft.

Schlitterbahn in Kansas City has been sued for negligence at least three times, all in 2014, although none of those legal actions involved the waterslide.

Water parks, for the most part, provide fun and entertainment to thousands of people a day. However, they are sometimes the scene of serious accidents, like slip, trip and falls and drownings. As this case shows, people can be injured or tragically killed at water parks.

August 8, 2016

Deltona Skateboarder Critical After Being Struck By SUV

by Whittel & Melton, LLC

A teen on a skateboard in Deltona was critically injured Sunday after an SUV hit him.

According to Volusia County deputies, the incident occurred around 6:44 p.m. The SUV was traveling north on Providence Boulevard near Tacoma Avenue when the victim entered the roadway from the sidewalk.

The SUV struck the victim, who was subsequently transported to Central Florida Regional Hospital.

The victim is still listed in critical condition.

Skateboarding is a popular sport across all age groups, and is especially popular in Florida with its year-round warm climate. Sadly, many skateboarders are seriously injured when they are hit by oncoming traffic. Since skateboarders are exposed and have virtually no protection from vehicles, any impact can result in significant harm. To make matters worse, in most skateboarder vs. car accidents, drivers will try to manipulate the facts to place the blame on the skateboarder.

August 4, 2016

Florida Truck Driver Charged in Wreck That Killed Family of 5

by Whittel & Melton, LLC

A truck driver that was arrested in a crash on Interstate 80 that killed a Minnesota couple and their three children has his first court appearance Tuesday.

The Keith County Court’s office said the 53-year-old Baker, Florida man, is facing five counts of felony motor vehicle homicide and one count of reckless driving.

He is being held on $100,000 bond.

A Nebraska State Patrol affidavit says the man was inattentive and speeding through a construction zone Sunday when his semitrailer smashed into the back of a minivan and other vehicles. The minivan was carrying a 29-year-old St. Paul couple, and their three children.

Collisions with large trucks usually end in fatalities. Sadly, passenger vehicles are no match for the size and weight of semis and tractor trailers. While nothing can bring back loved ones killed in truck accidents, the law does provide a legal remedy for surviving family members to ease any financial burdens through what is called a wrongful death lawsuit. If a truck driver’s reckless or negligent actions resulted in a crash that killed another person, they can be held legally liable for any harm caused.

Wrongful death claims can be complex when dealing with a trucking company. There are many aspects that must be properly investigated, including the driver logs, the truck itself and all other relevant documents that could point to regulation violations.

July 26, 2016

Woman Bit on Arm by Alligator in Seminole County

by Whittel & Melton, LLC

A 40-year-old woman was bitten on the arm by what wildlife officials think was a nearly 11-foot alligator earlier this month in Seminole County.

The bite occurred at about 2:30 p.m. while the woman was wading in the water in the Little Big Econ River in the Chuluota area of Seminole County, near Oviedo. The woman was able to free herself from the alligator and was taken to Central Florida Regional Hospital in Sanford.

She suffered non-life-threatening injuries.

The Florida Fish and Wildlife Conservation Commission trapped and caught a nearly 11-foot alligator they think was the one that bit the woman, because it was still in the area where the attack happened.

It seems that we have read a lot about alligator attacks in Florida in the news recently. Golf courses, hotels, parks, businesses, apartment complexes, and owners of residential properties that border pools, ponds, lakes, streams, or rivers in Florida should know that alligators could inhabit these bodies of water. They are responsible for protecting the property and for appropriately warning visitors of any potential hazards. Failure to do so is considered negligence. Victims of a gator attack, could be entitled to recover monetary damages from the property owner, depending on the circumstances.

July 18, 2016

Beware: The Most Common Cruise Ship Injuries

by Whittel & Melton, LLC

A cruise should be a fun and safe time. And while most cruises remain fun and injury free, there are ways to be hurt while on a cruise.

The following are the most common cruise ship accidents:

Slip and falls or trip and falls: Cruise ship staff are required to maintain a safe ship. This means if there are any wet or slick surfaces, adequate warning signs should be displayed. Stairs and landings should be properly maintained so that there is nothing broken, sharp or uneven so falls do not occur.
Drowning: Most cruise ships have several pools on board, as well as water slides and other cool additions. These must be monitored at all times by the cruise line’s staff so that drowning accidents are prevented. With that said, staff must properly secure the pool areas at night when no lifeguards are available.
Fires: Fires on cruise ships can lead to various issues for passengers, including the very serious threat of burn injuries, having to evacuate the ship, and a loss of power which can lead to a loss of sewer and food storage capabilities.
Collisions With Other Ships/Objects: When a cruise ship crashes into another ship, object, or even a piece of land, everyone onboard could be harmed.
Food Poisoning And Other Illnesses: Cruise ships house thousands of people, and because people are within a confined space, stomach viruses can be spread quite easily among guests. On a similar note, if food is not prepared or stored properly, everyone onboard can become seriously ill in a short amount of time.
Defective Equipment: If the cruise ship has any faulty equipment, your risk for suffering an injury is dramatically increased. This includes dangerous defects in the on-ship bowling alley, rock climbing walls, water rides, golf courses, and other fun additions.
Excursion Injuries: Just be aware that just because cruise ships contract other companies to provide activities off the boat, like snorkeling, scuba diving, kayaking, zip-lining, and spelunking, this does not mean that these companies follow the necessary safety protocols you expect.

Filing an injury claim against the cruise line can be complex. It is important to understand that attorneys and insurance companies that represent cruise ship lines will do whatever they can to limit paying a claim and having their brand tarnished. There are specific time frames and other laws that govern cruise ship injuries that must be followed when filing an injury claim.

July 13, 2016

Father Of Man Who Died In Jail Van Files Suit

by Whittel & Melton, LLC

An Amelia Island man is suing two companies after his son, a former college professor, died while being transported across the country in a private prison van.

According to the lawsuit, he had been sick and lost 46 pounds in 10 days, but prison guards ignored his ailments.

An autopsy found that the 47-year-old PhD died of a perforated ulcer.

In April 2014, the man’s father received a call from the Georgia Bureau of Investigation, saying his son had died in custody as a private inmate transportation company drove him from Colorado to South Carolina.

The conversation went as follows,

GBI agent: “I have some bad news for you.”

Father: “Is this about William? Is he alive?”

Agent: “No sir. I’m sorry.”

Father: “They didn’t have the proper medications. They didn’t take care of him. He was locked up, moving around from place to place. I knew that was going to happen. Nobody would believe me.”

The deceased taught physics at a couple universities, most recently at Coastal Carolina University, but ran into trouble in 2014 when he was arrested, accused of making threats to a South Carolina newspaper, which published an article about him. Police in Boulder Colorado arrested him and hired Prisoner Transportation Services of America to drive him back to the East Coast.

After his arrest, the man’s medications were cut off. He was witnessed passing out on the bathroom floor and vomiting blood.

The father is suing Prisoner Transport Services of America and Advanced Correctional Healthcare, the business that screened the man as he was housed at a correctional facility during the trip.

The man was shackled with other prisoners during the trip. Reports indicate that he was too weak to even step up into the van.

During the transport, he leaned over, stopped breathing and urinated on himself. That is when other detainees screamed for help.

When employees finally did stop the van at a North Georgia jail, the man had been dead so long, his body was stiff. Other inmates were chained by his side.

His death was described as slow, painful and torturous.

Last week, the New York Times published an article on Prisoner Transport Services of America after learning that four inmates have died in while in its custody since 2012, and there are dozens of claims of mistreatment and brutality while being transported.

July 11, 2016

Leesburg Man Loses Most Of Right Hand In Fireworks Accident

by Whittel & Melton, LLC

A man lost most of his right hand in a fireworks accident in Leesburg earlier this month, according to Lake County deputies.

The incident occurred at a home on the 2500 block of Virginia Drive.

Witnesses told deputies that while in the home’s garage, the man tried to re-light a mortar-style firework that he thought was a “dud.” He picked it up and attempted to throw it into the driveway when it exploded, a Sheriff’s Office report said.

Police believe it either exploded in his hand or near his hand. He had to be transported to a specialty facility.

According to the U.S. Consumer Product Safety Commission, in 2014 there were at least 11 nonoccupational fireworks-related deaths, and an estimated 10,500 injuries treated in U.S. hospital emergency rooms. Nearly 74 percent of those injured by fireworks were men or boys.

Under Florida state law, only sparklers, approved by the Florida Division of State Fire Marshal, are legal for consumer usage. It is illegal to use exploding and/or flying fireworks in Florida, which include: shells and mortars, multiple tube devices, Roman candles, rockets and firecrackers.

It is important to note that you should never attempt to re-light, alter or fix any “dud” firework. If a firework fails to function when ignited, it is best to let it stand for at least five minutes, then immerse it in water. The item failed to function for some reason, so if you try to light it again, you could create a dangerous situation. It is best to dispose of the item properly, so that you and everyone nearby stays free from harm.

July 5, 2016

Tesla Driver Killed in Crash While Using Autopilot

by Whittel & Melton, LLC

The U.S. announced Thursday the first fatality in a wreck involving a car in self-driving mode. The government said it is investigating the design and performance of the system aboard the Tesla Model S sedan.

The Canton, Ohio man died in the accident May 7 in Williston, Florida, when his car’s cameras failed to distinguish the white side of a turning tractor-trailer from a brightly lit sky and didn’t automatically activate its brakes, according to government records.

The 62-year-old driver of the truck, said the Tesla driver was “playing Harry Potter on the TV screen” at the time of the crash and driving so quickly that “he went so fast through my trailer I didn’t see him.”

“It was still playing when he died and snapped a telephone pole a quarter mile down the road,” the man told The Associated Press. He acknowledged he couldn’t see the movie, only heard it.

Tesla Motors Inc. said it is not possible to watch videos on the Model S touch screen. There was no reference to the movie in initial police reports.

Tesla stressed the uncertainty about its new system, noting that drivers must manually enable it: “Autopilot is getting better all the time, but it is not perfect and still requires the driver to remain alert.”

The company said this was the first known death in over 130 million miles of Autopilot operation. It said the NHTSA investigation is a preliminary inquiry to determine whether the system worked as expected.

Tesla says that before Autopilot can be used, drivers have to acknowledge that the system is an “assist feature” that requires a driver to keep both hands on the wheel at all times. Drivers are told they need to “maintain control and responsibility for your vehicle” while using the system, and they have to be prepared to take over at any time, the statement said.

Autopilot makes frequent checks, making sure the driver’s hands are on the wheel, and it gives visual and audible alerts if hands aren’t detected, and it gradually slows the car until a driver responds, the statement said.

The Autopilot mode allows the Model S sedan and Model X SUV to steer itself within a lane, change lanes and speed up or slow down based on surrounding traffic or the driver’s set speed. It can automatically apply brakes and slow the vehicle. It can also scan for parking spaces and parallel park on command.

As new technology comes on the market for the public to use, the legal field must adapt to these changes. Many car manufacturers, not just Tesla, are working on automated systems that can warn drivers about collisions, recognize the rules of the road, and even take over the steering and braking systems.The goal is this: to keep drivers and passengers safe by automating the processes that they are not quick enough to catch. However, this theory can be flawed as there are hundreds of millions of cars on the road every day, so automakers will always struggle to keep up with software malfunctions, user errors, and any other issues.

June 30, 2016

Be Safe This Fourth Of July Weekend

by Whittel & Melton, LLC

Our Florida Injury Lawyers at Whittel & Melton would like to wish everyone a very happy Fourth of July! The Fourth of July holiday is usually centered around fun, and many of us celebrate the long weekend with friends and family, but like many other holidays, risks of accidents and injuries tend to increase during this time.

To help you keep yourself and your loved ones safe this weekend, we would like for everyone to review the below safety tips:

Firework Safety

Many people around the state of Florida want to light of a few fireworks of their own, regardless of the fact that Florida law prohibits any fireworks that fly through the air or explode — such as Roman candles, bottle rockets and mortars — for recreational use. If you plan to light off your own, remember these important tips:

Always follow instructions and never provide fireworks to small children.
Use fireworks in a safe area and never throw or point fireworks toward people, vehicles, structures, or flammable materials.
Do not light multiple fireworks at once and never attempt to relight a “dud” firework that did not go off the first time.

Drunk Driving

Sadly, drunk driving accidents, injuries, and deaths are consistently high during Fourth of July weekend. If you plan on celebrating ‘Merica’s Birthday with a few cocktails, make sure to drink responsibly or plan a safe ride home. Designate a sober driver, or call a cab or transportation service like Uber or Lyft. Remember, law enforcement officers will be on the lookout for drunk and/or drugged motorists.

Grilling Safety

Barbecues are always a Fourth of July staple. Did you know that numerous people suffer injuries when barbecuing on charcoal and gas grills? Make sure to never grill indoors, refrain from adding lighter fluid when charcoal has already been ignited, and always follow instructions.

Water Safety

It’s hot in Florida! Most Floridians and visitors to our state will be by the beach, lake, or enjoying the water at backyard pool parties this weekend. When having fun near or in the water, safety should be your top priority. Adults should always supervise children and you should drink responsibly, as well as have an emergency action plan in case something goes awry.

June 28, 2016

677 Children Have Died In Hot Cars Since 1998

by Whittel & Melton, LLC

Have you ever thought how do people leave their kids in cars and forget about them? The truth is we are all human and capable of making mistakes. In fact, since 1998, 677 kids have died in hot cars. Of those, 54 percent were “accidental,” so it is important to realize that this can happen to anyone!

In most cases where people forgot about kids in their cars, they had switched up their normal daily routine. Maybe they drove the child somewhere on a day they normally do not. Switching up our routines, even just slightly, can cause us to forget things. Sometimes, we are so programmed into these routines that our brains switch to “autopilot” and we just go on with business as usual.

It is important to try and prevent these tragedies from happening. The best way to not forget about a child is to get in the habit of always checking the back seat even when you know a child is not there. Another great tip is to put something important in the backseat, such as a briefcase or purse or maybe even a shoe, so that you have to grab it from the backseat before you go into your destination.

Of those 677 deaths, 29 percent were children playing in an unattended vehicle. How can this be? Children can easily trap themselves inside the cabin or a trunk. Because of this, it is always best to keep your vehicle locked and keep all unlocking devices far away from a child’s reach.

Out of the 677 kids killed since 1998, 11 percent were left behind purposefully. You should never leave a child locked inside a hot vehicle, regardless of how quick you will be. A child can have a heat stroke in just minutes!