A 61-year-old Miami Beach woman has filed a lawsuit against the Miami Beach Botanical Garden after she landed in the hospital from ingesting a cocktail laced with liquid nitrogen at a fundraising event in January.
The woman said after she took a drink from the cocktail the pain was instantaneous.
The toxic cocktail burned her insides, forming holes in her esophagus and stomach. The liquid changed to gas inside her body, which created the need to expand. Doctors rushed the woman into surgery.
We rely on our vehicles to get ourselves and our loved ones safely where we need to go, however it can be easy to forget that when you leave a child in the car for too long, the results can be deadly. According to statistics from the National Highway Traffic Safety Administration, the leading cause of all non-crash-related fatalities involving children aged 14 and younger is heatstroke.
Vehicles can reach extreme temperatures very quick, even if you have the windows rolled down. A child’s body absorbs more heat on a hot day than an adult’s does due to the fact that children’s bodies have a harder time regulating body temperature. Heatstroke can happen even in cars parked in a shaded area on days that reach 80 degrees or less. Studies have shown that in temperatures around 80 degrees, a vehicle can become lethal in just 10 minutes.
As parents and caregivers, it is vital to understand the risks and consequences associated with leaving kids in vehicles, especially hot cars.
Potential Risks
Possible Consequences
How to Avoid a Tragic Heatstroke
For the first time ever, Florida Gov. Rick Scott has the opportunity to sign into law a bill imposing restrictions on how parasailing companies conduct their business. The new laws would require operators to carry $1 million of insurance per rider and would ban parasailing in sustained winds topping 20 mph or gusts reaching 25 mph.
According to a senate report, between 2001 and October of 2013, there have been 21 parasailing accidents in Florida that have resulted in 23 injuries and six deaths.
Of those that have lost loved ones is an Ocala woman who lost her youngest daughter to a parasailing accident in Pompano Beach in 2007. Her older daughter was left with brain damage.
The mother blames the tragedy on a void of regulation in the parasailing industry, something she hopes this new law will change.
The company that took the Ocala woman’s teenage daughters out parasailing apparently did not keep their equipment in good shape or watch out for inclement weather conditions.
Once the teens were out, the wind began to pick up and the girls asked to be let down, however the wench did not have enough strength to pull them down to safety. The decaying rope snapped, dragging the teens and the yellow parasail into the roof of a two-story home, and finally coming to rest in a tangled mess in a tree.
The daughter that suffered brain damage, now 24, continues to experience side effects from her injuries. She is now a massage therapist, but constant headaches make the physical work quite difficult. Her mother believes she suffers from Post-Traumatic Stress Disorder.
Many people flock to the beaches of Florida year-round to escape colder temperatures and enjoy some fun in the sun. Most tourists partake in many water adventures, parasailing being one of them, however, many of them fail to recognize the potential dangers involved. Parasailing should be an enjoyable time, but without proper safety measures in place, these types of accidents can lead to permanent and life-threatening injuries, including traumatic brain injuries, spinal cord trauma, back injuries, head injuries, paralysis, broken bones, death from falls and even drowning.
There are many careless acts of negligence that can result in parasailing accidents, including:
An 18-year-old Jacksonville teen who was paralyzed from the chest down after a tree limb fell on him was awarded $3.5 million by Jacksonville officials, but the teen has only been given $200,000 of the settlement money.
The teen was confined to a wheelchair in 2011 after a tree branch from a city-owned tree fell on him. While the Jacksonville government has agreed to pay the full settlement amount, the Florida legislature will not approve the rest of the payout, according to reports.
The problem regarding the $3.5 million settlement is that the Florida Senate President Don Gaetz will not hear the teen or any other person’s injury claim bills during his two-year term as president. Gaetz claims that the bill claims system is “broken” and is fueled by emotions rather than merits.
Currently under Florida law, any claim exceeding $200,000 against any government entity must be approved by the state legislature before it is paid out. This includes any money that would be paid by the local government or its insurance carrier.
In order to collect from any claims over $200,000, the injured party must file a claim bill and have it approved by the majority of the Florida legislature. Claim bills allow an individual or entity to be compensated for their injuries or losses caused by the carelessness or negligence of a public officer or agency, even if the government entity is exempt from a lawsuit.
Despite the fact that the teen’s full settlement is currently being blocked by state legislature, another Florida statute could allow the teen to collect more than $200,000 without the legislature’s approval. The catch is that the state or an agency must agree to it.
Different from suing an individual, suing the government requires injury victims to file a notice of claim before proceeding with a lawsuit. Why? This is because governments are usually immune from lawsuits, and therefore cannot be sued without permission.
This immunity often limits the government’s liability for injuries or damages as long as it is found that it exerted reasonable care to counteract damages. In this case, the teen was hit by a large tree branch that fell from a rotting tree owned by the city of Jacksonville. Reports indicate that the tree was not removed until after the teen was injured, even though the city received many complaints from residents about the impending danger.
Reports show that the Jacksonville City Council is working alongside the paralyzed teen and his family to convince the legislature to pass his claim bill.
Reports indicate that a motorcycle rider crashed into a truck on Sunday driven by Leesburg City Commissioner Jay Hurley.
The motorcycle rider’s identity has not yet been released, but he was treated on the scene and flown to Orlando Regional Medical Center.
The Leesburg Police Department asked the Florida Highway Patrol to help investigate the collision since it involves a top city official.
The state of Florida currently has 51 annual fairs, so tourists and residents alike do not have to travel too far to find a circus, county fair or carnival in the area. Fairs and other travelling events provide fun and excitement for the entire family, which is why most people look forward to the fair coming to town. While we expect ride operators to be fully trained on how to set up rides and safely operate any equipment and machinery, most of us do not think that ride operators will neglect the safety of passengers to text or use their cell phones.
However, the reality is that many employees at Florida fairs are whipping out their cell phones to send a quick text or play a game when they should be working a ride.
While a recent investigation found that most fairs and amusement parks have policies that prohibit employees from using mobile devices while operating rides, many employees still use their phones when they are supposed to be making sure the rides are running safely.
A faulty pool light is the center of an investigation into the death of a 7-year-old Miami boy who was electrocuted as he swam while under the care of a longtime nanny.
Police quickly determined that the 7-year-old was electrocuted on April 13 after receiving a severe jolt that catapulted him out of the water as he raced across the backyard pool at his home.
However, police claim the investigation is far from over, as they need to determine what exactly caused the accident.
The light in question is a single circular beam in the deep end of the family’s Keystone Point pool, which is now empty and without power. After the tragic accident, the light was found encased in steel that is rusted and burned.
The boy’s father told police that he noticed the pool light was not turning on about nine months ago. He apparently hired a contractor to fix it.
According to a city spokeswoman, North Miami requires permits and inspections on pool electrical work that is more complicated than simply changing a light bulb. According to city building department records, no permits were pulled and no inspections were done at the family’s home in the past year.
According to family members, electricians that inspected the light switch to the pool said that it didn’t seem to be grounded properly, meaning power that should have been averted from the pool was instead likely going directly into it. The power source could have been as much as 120 volts.
The 7-year-old and his 22-year-old brother were in the pool when the older man felt a shock and jumped out of the pool, yelling at his brother to do the same. The boy was apparently underwater and did not hear his brother.
Neighbors raced to the home and performed CPR on the boy before Miami-Dade paramedics took over.
As this case shows, electricity near the water presents many problems. Electric shock cannot only cause serious physical problems, but can lead to near-drowning or drowning accidents. All residential pools, as well as public swimming pools and other locations that often use electrical equipment in and around the water must be inspected on a regular basis to ensure they do not pose any risks to swimmers or other people in the area.
A hit-and-run crash in Stuart on Monday that left a motorcyclist hospitalized is the result of a texting driver, according to police.
The suspect, a 29-year-old man, was texting while driving when he struck the motorcyclist and fled the scene.
A citizen driving near the intersection of Indian Road and Willoughby Boulevard in Stuart on Monday reported the incident to police when he noticed the man hit the biker and failed to stop.
The 911 operator confirmed the location of the citizen and police arrived a short time later and arrested the man. According to Martin County police, the man admitted that he was texting while driving and thought he had killed the motorcyclist.
The suspect was arrested and faces several charges. The victim, whose identity has not yet been released, is still recovering in the hospital.
This is the county’s first texting-and-driving case, according to reports.
Texting has become a very popular means of communication between friends and family. However, texting while driving is not only dangerous to other drivers, but to everyone else sharing the roadway. There are a growing number of auto accidents in Florida and throughout the United States that are caused by texting drivers. If you were involved in a car accident that was caused by a driver who was texting or talking on a cell phone, it is in your best interest to speak with an injury lawyer who can help you proceed with a personal injury lawsuit. A Florida Auto Accident Injury Lawyer can advise you of your rights as a victim and help you file a claim to recover damages for your injuries.
There are many expenses that are involved in a Florida car accident. The at-fault driver whose negligence caused your injuries should be held responsible for your suffering. By filing a personal injury claim you can get the money you need to pay for:
Every year, more than 300 million people visit amusement parks throughout the United States. There are more than 400 theme parks in the U.S., and combined these parks take 1.7 billion rides. While most amusement park visitors have an enjoyable time, last year, more than 2,000 theme park visitors sustained injuries. Based off recent data, the Consumer Product Safety Commission identified which types of rides are the most dangerous.
The following rides were found to have the highest number of injuries:
While reports indicate that many of these injuries were just minor accidents, some were very serious. In July of 2013, a 52-year-old woman fell to her death while riding the Texas Giant at Six Flags Over Texas. The roller coaster was designed without seat belts, which is one of the reasons this fatal accident occurred. The ride reopened in September with added redesigned restraint-bar pads from the manufacturer, as well as seat belts.
Park owners and operators have a duty to protect the public. The safety of all guests should be made top priority, which means all rides must be in safe operating condition and all safety equipment should work properly. Additionally, all amusement park operators should receive special training to be able to recognize potential hazards. When a park fails to live up to its duty of providing a safe experience to the public, it can be held liable for any resulting injuries.
Distracted driving is a widespread problem throughout the United States. According to the official U.S. government website for distracted driving – www.distraction.gov, 3,328 people alone were killed in distracted driving auto accidents in 2012 and another 421,000 people were injured.
Distracted driving is any activity or behavior that takes a person’s attention away from operating a vehicle safely. Distractions not only endanger those behind the wheel, but passengers, other motorists sharing the roadway and innocent bystanders as well. The following are all various distractions that can divert a motorist’s attention away from the primary task of driving:
The most dangerous distracted driving activity is text messaging, as it demands visual, manual, and cognitive attention from the driver. According to the 2011 National Occupant Protection Use Survey conducted by the National Highway Traffic Safety Administration, at any moment across the country an estimated 660,000 motorists are using cell phones or operating electronic devices behind the wheel. This number has only increased since 2010, and the survey goes on to show that when operating a vehicle, 1 in 2 drivers answer incoming calls, 1 in 4 drivers make outgoing calls, 3 in 5 teen drivers answer phone calls, 1 in 3 teen drivers make phone calls and 2 in 5 teen drivers regularly use their hand-held cell phones or smart phones. Sadly, thousands of people die every year due to negligent distracted drivers.
Because April is National Distracted Driving Awareness Month, our Florida Auto Accident Lawyers at Whittel & Melton want to encourage everyone to put their cell phones and all other electronic devices away when behind the wheel. Sending and receiving text messages while driving is very dangerous, but regardless many people still choose to do so. In fact, when you send or receive a text message, this activity takes your eyes off the road for an average of 4.6 seconds which is the same as driving the length of an entire football field at 55 mph, blind. We urge you to remember these facts and statistics every time you get into a vehicle.
Florida Personal Injury Lawyers Blog