Premises Liability

August 14, 2018

Airline Negligence & Personal Injuries – How Our Florida Injury Attorneys Can Help

by Whittel & Melton, LLC

In order to ensure the safety of their passengers, commercial airlines must comply with a comprehensive set of federal safety standards and regulations. Because of these strict standards, travelling by air is one of the safest, most reliable modes of transportation available to the public. However, airlines, just like any person or company, can fail to live up to their duties. When they do not meet federal regulations, they place passengers at risk of being involved in a dangerous accident.

While airplane accidents are relatively uncommon, they do happen. These accidents are usually caused by errors or negligence. When an aircraft has a mishap, airline companies may typically be held liable for the damages suffered by passengers and their families.

Negligence is why a JetBlue passenger is suing the airlines in Orange County.

A woman filed a complaint Aug. 1 in Orange County Circuit Court against JetBlue Airways Corporation, alleging failure to follow applicable safety guidelines and regulations.

According to the complaint, on March 5, 2015 the woman was a passenger on JetBlue flight 158 from Florida to JFK Airport in New York. The suit says the plane landed violently, causing the woman to be thrown about.

This rough landing caused the woman to suffer serious injuries resulting in pain and suffering, disability, disfigurement, mental anguish, loss of enjoyment of life, and/or aggravation of a previous existing condition.

The suit alleges JetBlue Airways failed to warn customers of the hazardous condition, and allowed the pilot to negligently operate the airplane.

July 26, 2018

Orlando Man Says Pothole at Circle K Caused Disability

by Whittel & Melton, LLC

An Orange County man alleges he was injured at an Orlando convenience store because of a pothole in the parking lot.

The man filed a complaint on July 2 in the 9th Judicial Circuit Court of Florida – Orange County against Circle K Stores Inc. alleging negligence.

According to the complaint, the man alleges that on May 22, 2015, his foot and ankle went into a pothole, causing him to fall. He alleges he sustained bodily injuries in and about his body and extremities, resulting in pain and suffering, disability, disfigurement, loss of earnings and medical expenses as a result of the fall.

He holds Circle K Stores Inc. responsible because they allegedly failed to repair the hazard in the parking lot or to warn visitor about it.

Potholes can pop up everywhere, and you can find them on roads, alleys, crosswalks, and parking lots. Injuries from a pothole accident can change your life in a matter of seconds.

When a pothole injury happens, you will likely have a lot of questions. Determining who is responsible will be at the top of your list. Responsibility usually rests on the property owner. However, it is not always that cut and dry, which is why you need the help of a Florida Premises Liability Lawyer at Whittel & Melton. We can help you explore your legal options and answer all of your questions.

July 16, 2018

Why Florida Negligent Security Lawsuits Matter – Florida Premises Liability Injury & Death Lawyer

by Whittel & Melton, LLC

This week we learned the Broward Sheriffs Deputies assigned to guard the baggage claim area of the Fort Lauderdale-Hollywood International Airport on Jan. 6, 2017 when a shooting occured that killed five people and injured another six, were not actually at their assigned posts. Instead, they were in a nearby office full of balloons and cake for a retirement party.

A Virginia Beach woman, who lost her husband in this shooting, is suing BSO, Delta Airlines and the security firms charged with protecting the airport.

The lawsuit asserts that in the immediate aftermath of the shooting, as her husband’s body still lay on the floor of the airport, she was hustled into that party room. She waited there for hours, she said, as law enforcement investigated the scene.

In the chaos after the shooting, she and another spouse of a shooting victim were shuttled from room to room inside the airport while police swarmed outside. One of those offices was festooned with balloons and a cake. The shooter pleaded guilty to the killings in exchange for avoiding the death penalty. He faces five life sentences at his Aug. 17 sentencing hearing.

That was the room where BSO deputies were celebrating a fellow detective’s retirement instead of guarding baggage claim when the shooting took place, the lawsuit alleges.

Airports, just like all other businesses, have a duty to maintain a safe environment. They have a duty to protect their customers/guests from any foreseeable crime or criminal activity, which means having security officers and security cameras.

Negligent security lawsuits matter because they hold the wrongdoer accountable for their actions. Whoever was in control or had the opportunity to use control of the property would be liable in a negligent security case. This could be the person or business that owns the property. In this case, the airline and the security company are being sued as being the responsible entities.

In order to successguly prove negligence, it depedns on what the crime was and if it could have been prevented. If it could have been prevented, it is relevant to establish whether the business or entity did anything in an attempt to do so. If the property owner knew of the danger and did nothing to protect people, then a claim for damages can be filed for personal injury or wrongful death.

July 6, 2018

Bounce House Injuries: What Parents Need To Know

by Whittel & Melton, LLC

A three-year-old girl died on July 1 in a bouncy castle incident in Norfolk, U.K.
She was bouncing on the inflatable equipment — a bouncy castle with a trampoline — when the trampoline exploded launching her “30 feet” in the air and causing her to land on the sand.

This tragedy comes just two months after two fairground workers were found guilty of manslaughter by gross negligence for failing to properly secure a bouncy castle in Norwich, which killed a seven-year-old child.

According to the Canadian Hospitals Injury Reporting and Prevention Program (CHIRPP), there has been a vast increase in bounce house-related injuries in the last 20 years. Between 1990 and 2010, over 30 percent required medical follow up after initial treatment in the emergency department. The most common injuries were fractures and sprains.

In the U.S., the American Academy of Pediatrics reported that more than 64,000 children were treated in U.S. emergency departments for inflatable bounce house-related injuries between the years 1990 and 2010. From 2008 – 2010, the number of injuries more than doubled to an average of 31 injured children per day. More than a third of the children injured were under the age of six.

Our Florida Injury Attorneys at Whittel & Melton want your kids to remain safe at birthday parties, fairs, carnivals, festivals and all other celebrations. The following safety measures should be taken into consideration when your child is playing inflatable structures:

Always supervise children in a bounce house. ALWAYS!
Remove shoes, jewelry, and any hard or sharp objects from children’s pockets.
Group children together according to size to help reduce risk of injury from collision.
Do not allow children to perform stunts like flips or somersaults.
Make sure children stay away from the exit points when bouncing inside.
If the bounce house starts to deflate, exit promptly.
If there are high winds, do not use the bounce house.

Bounce houses and other inflatables fall under premises liability, a legal concept that applies to situations where there is an unsafe or defective object on someone’s property. In order to establish liability in a bounce house injury, you must prove that the property owner was negligent and failed to provide reasonable care.

The main defense against bounce house claims is that they come with an assumption of risk. This basically means that while you may know that bounce houses are potentially dangerous, you still allowed your child to play in one anyway.

July 3, 2018

Orlando Couple Suing Wal-Mart for Negligence

by Whittel & Melton, LLC

An Orlando couple is suing Wal-Mart, alleging loss of consortium and negligence in the injury of the wife.

The pair filed a complaint June 20 in Orange County Circuit Court against Wal-Mart Stores Inc., alleging failure to maintain its premises in a safe condition.

According to the complaint, on June 21, 2014, the woman was shopping at the Wal-Mart when an unsecured sharp corner edge metal tray at the coffee station fell and landed on her left foot, causing her to suffer injuries, impairment, disability, mental anguish, loss of enjoyment of life, loss of earnings and aggravation of a pre-existing condition.

The lawsuit alleges her husband and co-plaintiff suffered the loss of his wife’s services, companionship and consortium.

The couple alleges Wal-Mart Stores failed to provide a safe environment for shoppers, failed to warn the wife of the dangerous condition, and failed to timely repair the condition of its coffee station.

Loss of consortium pertains to the emotional, financial, and physical losses that spouses or family members experience after a negligence injury. It covers both death and personal injuries that may leave the victim without the sexual intimacy, emotional or financial support, or companionship that they had previously, and might still have, had it not been for the negligence of the at-fault party.

June 15, 2018

Woman Sues Clearwater Costco for Trip & Fall Injury

by Whittel & Melton, LLC

A Dunedin woman alleges she was injured when an unmarked curb at Costco caused her to trip and fall.

The woman filed a complaint on April 10 in the 6th Judicial Circuit Court of Pinellas County against Costco Wholesale Corp. alleging negligence.

According to the complaint, the woman alleges that on Sept. 5, 2017, while she exited the Costco store at the Clearwater Mall, she tripped on an unmarked curb, fell and was injured.

She holds Costco Wholesale Corp. responsible because the store allegedly failed to mark the change in elevation of the curb, failed to give warning of any latent or unrevealed dangers upon exiting the store, and failed to properly inspect and maintain premises.

Property owners in Florida have a duty to keep their property reasonably free from dangerous conditions that could potentially harm visitors. If such a hazard does exist, the property owner has a duty to warn visitors of the dangers until they can be properly repaired. Premises liability claims arise when property owners fail to acknowledge this duty and someone gets hurt on the property as a result.

May 3, 2018

Tourist Suing Sea World for Poor Flooring

by Whittel & Melton, LLC

A tourist is suing Sea World, claiming their negligence led to injuries.

The woman filed a complaint April 18 in Orange County Circuit Court against Sea World of Florida LLC, doing business as Sea World, and Sea World LLC, alleging the company failed to reduce, minimize or eliminate foreseeable risks before they manifested themselves as dangerous conditions on the premises.

According to the complaint, on May 17, 2014, the woman was legally on the Sea World premises in Orlando as a customer when she slipped, tripped and fell on poorly maintained flooring.

As a result, the woman says she sustained bodily injury resulting in pain and suffering, permanent aggravation of a pre-existing condition, plus the expenses of hospitalization, and medical and nursing care and treatment.

She also accused Sea World of failing to warn anyone of the dangerous condition as well as failing to properly provide training to its employees regarding the proper maintenance and inspection of floors, so as to prevent a danger to a guest.

Large amusement parks like Sea World are no stranger to personal injury lawsuits. In fact, many have involved slip and falls, trip and falls and other premises liability issues. Filing a lawsuit against an amusement park is similar to filing suit against any other party: an injury occurs, a suit is filed, an investigation into the claims is conducted and a trial is held if no settlement can be reached.

Big companies like Sea World have a legal duty to keep their premises safe and free from foreseeable accidents. This includes a constant safety sweep of the grounds as well as proper training, screening and supervision of staff. When amusement parks fall short of this responsibility, they may be held liable for their negligence by victims through personal injury lawsuits. Victims may be able to recover for their medical bills, hospital expenses, lost wages from missing work, physical pain and suffering, and mental anguish.

April 24, 2018

Polk County Woman Suing Walt Disney for Negligence

by Whittel & Melton, LLC

A Polk County woman is suing a Disney theme park, alleging breach of duty and negligence led to her injuries.

The woman filed a complaint April 10 in Orange County Circuit Court against Walt Disney Parks and Resorts U.S. Inc,. alleging failure to exercise reasonable care for the safety of the public.

According to the complaint, on Nov. 9, 2017, the woman visited the Magic Kingdom theme park with her family to attend Mickey’s Very Merry Christmas Party, which included a fireworks show. She alleges that during the event there were employees who were walking at a very rapid pace and were zigzagging through the overcrowded venue in a negligent manner. The suit says the Disney employees ran into the woman, knocking her down.

She says she sustained bodily injury, resulting in pain and suffering, disability, disfigurement and expense of hospitalization, medical and nursing care and treatment.

The suit alleges Walt Disney Parks and Resorts U.S. failed to train and/or inadequately train its employees regarding safe maneuvering through the park when it is crowded and/or overcrowded so that employees do not make contact with guests and cause injury.

As an invitee of the park, you are considered a guest, which means you have a right to be reasonably protected against any safety risk while in the park under Florida’s premises liability law. Failure on the park’s part to protect you or anyone else may be considered negligence. An experienced Florida Amusement Park Injury Attorney at Whittel & Melton can investigate the matter of negligence for you and help you understand what steps to follow to seek financial compensation for pain and suffering.

April 16, 2018

Orlando Walmart Target of Personal Injury Lawsuit

by Whittel & Melton, LLC

A customer who was reportedly injured after she tripped over a shopping cart left in a Walmart aisle has filed now filed a negligence lawsuit.

The woman filed a complaint on April 3 in the Orange Circuit Court against Walmart Stores Inc., alleging the Orlando shopping center failed to use due care to maintain its premises in a safe condition.

According to the complaint, the woman claims that on Feb. 5, 2016, she visited the Orlando store and tripped and fell over a cart that was left in the walkway.

As a result, she sustained bodily injury, pain and suffering, disability, mental anguish, loss of earnings, and medical expenses.

She holds Walmart responsible because the store allegedly failed to adequately inspect and maintain the walkway, and failed to correct or warn visitors of the danger of carts in the walkway.

When you choose to visit a retail store, you expect that you will be provided with a reasonably safe shopping experience. In fact, retail businesses are legally obligated to keep their premises safe for customers. If you suffer an injury from a hazard on store premises, you could have a valid claim against the business.

While many retail injury claims are slip and fall or trip and fall claims, there are many other injuries that occur within a store, including:

Faulty staircases
Uneven floors
Broken or poorly maintained escalators and elevators
Falling merchandise
Insufficient lighting in parking lots
Shelving mishaps
Lack of security

March 28, 2018

Two Female Tourists Suing Miami Hotel for Sexual Abuse

by Whittel & Melton, LLC

Miami Beach’s Catalina Hotel, the scene of the 2012 CW network reality series “The Catalina,” has been slapped with twin lawsuits brought by two female tourists who allege the resort’s manager escorted one of them to their room then sexually abused them both.

The incident, according to the lawsuits filed in Miami-Dade County circuit court, allegedly took place a year ago. The women are only identified in court files as Jane Doe 1 and Jane Doe 2.

With prices in the $200 range and an open bar nightly from 7 to 8 p.m., the Catalina has become popular with spring breakers.

The hotel manager is accused of escorting Jane Doe 2 back to her room after she and roommate Jane Doe 1 “consumed several alcoholic drinks” during the complimentary hour.

When they arrived to the room, Jane Doe 1 was asleep on her bed.

Once in the room, the manager is accused of forcing himself on Jane Doe 1 and Jane Doe 2, including forcibly performing oral sex on both while Jane Doe 1 and Jane Doe 2 were in a nearly unconscious state, according to the complaint.

The negligence lawsuit faults the hotel for offering free booze without enforcing safety rules.

Hotel property owners have a duty to provide a safe place for guests and patrons to visit. Unfortunately, sexual abuse and other crimes can happen on hotel property, and when an assault or act of violence occurs because of unsafe conditions, the property owner may face a hotel liability lawsuit.

Failure to maintain a hotel property in a safe condition that is free from dangers entitles the injured party or victim to file a premises liability claim for negligence against the hotel. A premises liability claim is a type of personal injury claim that allows the victim to seek financial compensation for medical expenses, pain and suffering, lost wages and various other damages.