Personal Injury Claim

May 20, 2016

Texas Club Sued for Death At Hip Hop Show

by Whittel & Melton, LLC

Texas club owners failed to amp up security for a show featuring two rival rap groups and an aspiring emcee was shot in the head, according to reports.

The man’s mother alleges the fight could have been expected.

The show was on April 9 and according to the Facebook post, it was for people 21 and over. The emcee that died was only 18.

The court documents allege that the club put profit over the safety of patrons.

“The show featured two competing and potentially violent rap music groups whose members are believed to be prominent in local street gang activity,” the lawsuit states.

A fight broke out at the event and spilled into a parking lot and that is when the emcee received a gunshot wound to the back of his head.

He died three days later in the hospital.

His mother is seeking more than $1 million in punitive damages for gross negligence, premises liability and fraudulent misrepresentation.

Nightclub owners are obligated to exercise caution and prevent guns from entering their club. When adequate security measures are in place, shootings and other injuries can be prevented. Sadly, security at nightclubs is not always taken as seriously as it should be, and when an accident that could have been prevented occurs, this results in negligent security cases. These lawsuits seek to hold the nightclub accountable for the wrongful injury or death of a victim. While no amount of money will bring the deceased back or heal an injury, it can send a message to the negligent nightclub owner and prevent any future incidents.

May 19, 2016

National Dog Bite Prevention Week: Dog Bite Insurance Claims Rises To $37K

by Whittel & Melton, LLC

This week is National Dog Bite Prevention Week, so it is important to note that the cost of dog-bite claims for U.S. insurers reached 16 percent last year due to higher medical expenses and larger settlements to resolve court disputes.

The average claim increased to $37,214 in 2015 from $32,072 a year earlier, according to the Insurance Information Institute. The highest figure among the 10 states with the most claims was Arizona with an average of $56,654. California has the second highest average cost per dog bite claim at $44,983 while New York, at $44,320, comes in third.

Health officials and companies such as State Farm Mutual Automobile Insurance Co. are seeking to limit the confrontations, which accounted for more than one-third of homeowners liability claims costs last year, the institute said.

About 4.5 million Americans are bitten by dogs each year, and almost a fifth of those incidents require medical attention, according to data from the U.S. Centers for Disease Control and Prevention.

The number of claims fell 7.2 percent last year to 15,352. Still, dog-related injuries cost the industry $571.3 million, up from $530.8 million. The average cost per claim nationally has risen 94 percent since 2003.

With strict liability laws set in place, a dog owner is responsible for the actions of their dog, regardless of the breed or the circumstances surrounding an attack. With that said, dogs can have vicious outbursts at any time, despite how calm or gentle their usual temperament is. All dogs can behave differently around strangers, which can be surprising to their owners. If your dog suddenly attacks a stranger, as the owner, you could be liable for any injuries or damages.

There is a lot of responsibility placed on a dog’s owner, so care and caution is so important. In order to reduce the chance of a dog attack:

Remember that a dog’s behavior can be unpredictable, no matter how well you know your dog.
When you answer the door, make sure you hold your dog back.
Separate your dogs from strangers, like postal workers, maintenance men, etc. when they are in your home or at your door.
Keep dogs away from strangers and be cautious when around other dogs.

May 18, 2016

American Airlines Slapped with Lawsuit After Woman Killed By Lightning On Tarmac

by Whittel & Melton, LLC

The family of a woman who was struck by lightning after exiting a US Airways plane in South Carolina last summer is suing for damages.

The 52-year-old died from the injuries sustained on the tarmac at Columbia Metropolitan Airport.

Last week, her family filed a lawsuit against American Airlines, which US Airways has merged with, and the airport for negligence, according to reports.

The plane was supposed to land at Charlotte International Airport in North Carolina, but diverted to Columbia due to weather.

The lawsuit states that although the flight landed at Columbia Metropolitan Airport at 5:07 p.m., deplaning did not begin until 5:52 p.m. Ten minutes before deplaning, the National Weather Service issued a severe thunderstorm warning for the area.

The woman was struck by lightning after stepping out onto the tarmac with her husband, son and daughter.

The lawsuit also alleges that the woman did not receive prompt medical care for her condition.

The Columbia Metropolitan Airport released the following statement:

As airport operators we provide all of our carriers with passenger boarding bridges so that they can safely move passengers between the terminal and their aircraft. However, the airport is not involved in determining when or how they choose to deplane passengers. When the incident occurred, our public safety officers followed their procedures and responded within seconds. At this time, the airport and its legal team has not yet received notification that the Columbia Metropolitan Airport has been named in a lawsuit. Therefore, we are unable to provide any other specifics about the incident.

Airline negligence cases are not something we read regularly about in the news, but the most common reasons these unfortunate events occur is due to:

Negligent Hiring
Lack of Training

If your loved one’s injury or death was caused by careless airline employees, you may be able to pursue a wrongful death case. Our Florida Wrongful Death Lawyers at Whittel & Melton may be able to help you obtain justice.

May 6, 2016

Five Hospitalized Due to Severe Turbulence on Allegiant Air Flight

by Whittel & Melton, LLC

Three passengers and two flight attendants have been hospitalized after suffering from head injuries after an Allegiant Airlines flight en route to Pittsburgh experienced severe turbulence.

According to the FAA, Allegiant 7001, an Airbus A319 aircraft, diverted to Fort Lauderdale-Hollywood International Airport in Florida after several injuries were reported on board due to the severe turbulence.

The flight originated in Punta Cana, Dominican Republic, and was headed to Pittsburgh International Airport.

According to Allegiant, there were 137 passengers and six crew members on board the flight.

The five people taken to the hospital sustained head injuries. It is not immediately clear their condition.

Allegiant Air issued the following statement: “The airline is currently working to accommodate all passengers and develop a plan for getting all passengers safely to their destination. Passengers are currently being cleared through customs.”

Turbulence is a common occurrence during any high altitude flight, but sadly it can also result in the injury of passengers, as this case shows. If proper protocols are not followed or if passengers are not in their seats when experiencing sudden shifts and jolts, then serious injuries can arise.

Airline workers negligence can be a factor in turbulence-related injuries on aircrafts. When flight attendants, pilots or crew members fail to abide by proper safety procedures or do not take the necessary actions to prevent injuries, then the airline and its employees can be held responsible for any costs associated with injuries that result from that negligence.

May 4, 2016

19-Year-Old Motorcyclist Killed in Hillsborough County Crash

by Whittel & Melton, LLC

A 19-year-old Tampa man was killed in a motorcycle accident late Saturday night.

According to the Florida Highway Patrol, a 2005 BMW was traveling northbound on Reflections Club Drive approaching SR-580 (Hillsborough Ave).

The 19-year-old was traveling eastbound on SR-580 in the outside lane approaching Reflections Club Drive on a 2004 Yamaha motorcycle.

Troopers believe the driver of the BMW failed to yield right-of-way for the motorcycle and attempted to make a left turn onto westbound SR-580.

According to reports, the biker tried to break but ended up colliding with BMW. He was ejected from the motorcycle and died at the scene.

Charges are pending. There were no other injuries reported.

Motorcyclists must adhere to the same right-of-way rules as drivers of passenger vehicles. However, the sad truth is that many drivers fail to follow these rules and violate a biker’s right of way.

If you were injured or lost a loved one in a motorcycle accident caused by another driver’s failure to yield, you may be entitled to financial compensation for your injuries and losses. Motorcycle collisions involving a bike and another automobile are too common and are often caused by the other driver’s failure to yield. Failure-to-yield motorcycle accidents occur when:

A driver turns in front of a motorcyclist without using proper turn signals
A driver fails to check their blind spot and sideswipes a motorcycle
A driver runs a biker off the road or into oncoming traffic

April 22, 2016

City Garbage Truck Driver Causes Crash in Tallahassee

by Whittel & Melton, LLC

According to police, a city solid waste truck collided with a sports utility vehicle early Thursday in Tallahassee.

The SUV’s driver died of his injuries at a hospital.

The truck’s driver was not injured.

No additional information is available at this time.

Homicide investigators are interviewing witnesses and reviewing evidence from the crash.

Garbage trucks provide a critical service to the community – they haul and dispose of waste. But just like any large vehicle on the roadway, when an accident happens, garbage trucks can cause serious injuries like brain injuries, spinal cord trauma and even wrongful death.

Our Truck Accident Lawyers at Whittel & Melon know that trucking accidents are quite serious matters, which is why we conduct an in-depth investigation into the cause of the crash so that we can hold all negligent parties accountable for your losses. We leave no stone unturned and will obtain and analyze the driving history of the garbage truck driver and the maintenance records for the vehicle, interview witnesses, review the accident scene, and even hire accident reconstruction and engineering experts to inspect the crash site. We make sure your rights are protected.

April 11, 2016

Man in Wheelchair Killed in Truck Crash in Osceola County

by Whittel & Melton, LLC

A man in a wheelchair died Tuesday morning after he was hit by a box truck in Osceola County.

According to the Florida Highway Patrol, the crash happened at about 9:45 a.m. on U.S. 192 at the intersection of International Drive.

The 82-year-old Celebration man was travelling southbound in a motorized wheelchair on International Drive when he tried to cross U.S. 192. That’s when a box truck driven by a 35-year-old Kissimmee man struck the man in the wheelchair as the truck tried to turn right onto U.S. 192, troopers said.

The man in the wheelchair was taken to Florida Hospital Celebration Health, where he passed away.

The crash is currently under investigation.

Did you know that everyday drivers share the roads with countless 80,000-pound semi-trucks and other commercial vehicles whose drivers are working to complete their routes in the least amount of time possible? Due to time constraints, they often cut corners when it comes to safety regulations, not to mention they can become easily distracted from the primary task at hand – driving their truck safely.

The sheer force of a collision with a commercial vehicle, especially a fully loaded 18-wheeler, is far greater than the force of just your typical car wreck between passenger vehicles. The weight of a truck combined with speed and a negligent driver is truly a recipe for disaster.

Truck drivers, just like drivers of other vehicle, can be easily distracted due to:

Texting or talking on cell phone
GPS system or radio use
Eating, drinking or smoking while driving
Reading while driving
Driver fatigue

April 7, 2016

Distracted Driving Kills: April Highlights Dangers of Distracted Driving

by Whittel & Melton, LLC

April is Distracted Driving Awareness Month. The purpose of this initiative by the National Highway Traffic Safety Administration is to promote safe driving practices.

Much of distracted driving centers on cellphone use while driving. Texting and talking on the phone while driving is a huge issue among all age groups, but especially teen drivers. People might think they are capable of driving while texting, but the truth is they are paying more attention to their phone than the road. Even hands-free options are not 100 percent distraction free – people can get more involved in their conversation than the main task at hand. If talking or texting on your phone is something you do, try keeping your phone in the back seat when you are driving. You will be less tempted to grab it at red lights or mess with it while sitting in traffic.

Cell phones are not the only distraction to drivers, people can be distracted by eating, drinking, and even other passengers. While fast food was sort of invented for people on the run, there is no way to stay focused on the road when you are unwrapping a burger or shovelling french fries in your mouth. Most drivers also fail to realize how distracting other passengers can be – screaming kids, rambunctious teens, etc. can all take your attention off the road. In these types of situations, it is actually best to pull the car over and handle whatever you need.

Distracted driving is a major problem on Florida roads, resulting in accidents, injuries, and deaths. According to the the NHTSA, 3,129 people were killed distracted driving accidents in 2014.

Distractions take your eyes off the road, hands off the steering wheel, and your mind away from driving. Distracted driving leads to serious injuries and sometimes, death.

April 6, 2016

Dozens Ill After Carbon Monoxide Leak at Miami Office

by Whittel & Melton, LLC

Dozens of people have fallen ill after a carbon monoxide leak at a Miami office building.

According to Miami-Dade Fire Rescue, high levels of carbon monoxide were found on the second floor Monday afternoon.

Miami-Dade Fire Rescue spokeswoman said several people were showing signs of carbon monoxide poisoning.

At least 17 people were taken to hospitals, while dozens more were treated at the scene and released.

About 80 people were sent home because they felt sick. Approximately 400 people work at the building.

Officials say the source of the leak came from the drains in the first floor bathrooms.

Reports indicate that an environmental assessment company has been contacted to ensure necessary repairs are made.

Carbon monoxide is a colorless, odorless gas by-product that interferes with the delivery of oxygen in the blood to the rest of the body. It is often referred to as the “silent killer.” This type of toxic exposure usually results in physical problems, neurological problems, and even death.

Symptoms of carbon monoxide poisoning are often confused with the flu or food poisoning. Depending on the amount inhaled, this gas can cause:

Dizziness
Nausea
Chest Pain
Headaches
Confusion
Fatigue
Death

March 30, 2016

Man On Scooter Injured in Pinellas County Crash

by Whittel & Melton, LLC

A 26-year-old man on a scooter suffered serious injuries after a crash Tuesday morning in Clearwater.

According to police, the man was riding a scooter that collided with an SUV just before 7 a.m. on Belcher Road just north of Drew Street.

The man is in critical condition at Bayfront Health St. Petersburg.

Officers believe the man was travelling northbound on Belcher Road on his scooter when the 48-year-old driver of the SUV tried to exit a convenience store parking lot to go southbound on Belcher, triggering the collision.

Authorities claim the scooter driver was not wearing a helmet.

An investigation into the crash is pending.

Scooter vs. automobile accidents can be deadly, strictly due to the size and lack of protection that a scooter provides to a driver. If a scooter driver/passenger does survive, they are likely left suffering severe injuries. Most scooter accidents involve ejections and not wearing a helmet can only make these injuries more tragic.

There are many reasons for scooter vs. automobile accidents, including reckless or negligent driving, drivers failing to see the scooter, poor visibility/bad weather, roadway defects and even driver impairment. Regardless of what caused an accident, it is important to get an injury attorney involved right away to make sure all evidence is promptly collected, witnesses are interviewed and insurance companies involved are dealt with accordingly. Our Clearwater Injury Lawyers at Whittel & Melton know that these types of cases can be complex, mostly because insurance companies are quick to place the blame on the scooter driver. We can help make sure your rights are protected and that we do everything we can to recover full and fair compensation on your behalf for all injuries.