Premises Liability

February 22, 2018

Tourist Blames Walt Disney for Her Injuries

by Whittel & Melton, LLC

A Pinellas County woman, who requires a scooter to move about, is suing Walt Disney Parks and Resorts, alleging negligence caused her injuries.

The woman filed a complaint Feb. 1 in Orange County Circuit Court against Walt Disney Parks and Resorts US Inc. and Disney Vacation Development Inc., alleging the park failed to provide a safe environment for its business invitees.

According to the complaint, on Dec. 7, 2017, the woman was at Disney’s Contemporary Resort, trying to move from her scooter to a DVD transport vehicle. The suit says the woman fell while trying to get into the vehicle.

The woman says she suffered bodily injury, resulting in pain and suffering, disability, disfigurement, scarring, mental anguish and aggravation of previous existing condition. The suit claims Disney employees negligently failed to properly assist the handicapped plaintiff.

The woman says the park failed to provide a handicap accessible transport vehicle, failed to train its employees regarding transport protocol for handicapped guests and failed to render aid to her after the incident.

There are many ways someone can get suffer an injury. Sometimes, these injuries are no one’s fault. However, in some situations, injuries can be the direct result of the actions of another person or business entity. These injuries could be the result of an accident or an intentional act.

The law clearly states that an at-fault person or business entity who causes personal injury to another is civilly liable to pay for their financial damages. Our Florida Injury Lawyers at Whittel & Melton can help you if you have been injured due to the acts of another.

January 30, 2018

Car Accidents, Slip & Falls Rank #4 in Top 10 Leading Causes of Death in U.S.

by Whittel & Melton, LLC

A new report out from the Centers for Disease Control and Prevention looks at the shifting trends in Americans’ health and mortality, and the conditions most likely to take lives.

While heart disease and cancer still top the list, Motor vehicle accidents, unintentional drug overdoses, and accidental falls and other injuries take the no. 4 spot.

According to the CDC, more than 2 million people are injured, and another 33,000 deaths occur each year due to auto accidents. It is no wonder why motor vehicle accidents are a leading cause of death in the U.S.

In 2015, more than 35,000 car-accident deaths occurred throughout the U.S., according to data from the U.S. Department of Transportation. Of those deaths, 3,174 occurred in Florida.

The good news is that most injuries and deaths on the road are entirely preventable,. The bad news is that the majority of those injured or killed are done so through no fault of their own. Auto accident victims are left with medical bills, lost wages, physical and emotional pain and suffering, and, in many cases, permanent injury or death. If you or someone you love has been injured or killed in an auto accident in Florida, our Car Accident Attorneys at Whittel & Melton can help you understand how to pursue financial compensation from the at-fault party.

According to the National Safety Council, slip and falls are one of the leading causes of accidental injury. Slip and falls lead to an estimated 9 million visits to the emergency room each year. The risk of slipping and falling increases with age. If you or a loved one has suffered injuries from a slip and fall, it is best to speak with our Florida Slip & Fall Injury Lawyers at Whittel & Melton to understand your legal options.

December 28, 2017

Orlando Customer Alleges Dollar Tree Negligence Caused Injuries

by Whittel & Melton, LLC

An Orlando man is suing Dollar Tree, alleging negligence led to his injuries.

The man filed a complaint Nov. 28 in Orange County Circuit Court against Dollar Tree Store Inc., doing business as Dollar Tree, alleging the retail store failed to maintain its premises in a reasonably safe condition.

According to the complaint, on Feb. 11, 2017, the man was a lawful business invitee at Dollar Tree’s store at 4568 S. Semoran Blvd Orlando. The suit says the man slipped and fell on a liquid substance on the floor.

As a result, the man says, he sustained bodily injury, pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, loss of ability to earn money, plus medical and treatment expenses.

The man alleges Dollar Tree failed to inspect its floors to ascertain whether it is safe for customers and failed to warn customers of the danger of the liquid substance on the floor.

The man seeks trial by jury, damages in excess of $15,000, interest and court costs.

In order to prove negligence in a slip and fall injury claim, two questions must be answered. First, it must be determined what caused you to fall. The second question is how what caused you to fall got there, and if anyone knew about the problem. This can be more difficult to uncover, but certainly not impossible.

If you suffered significant injuries in a slip and fall accident at a business as a result of negligence, you may be able to file a personal injury lawsuit to seek financial compensation for the harm you suffered. Slip and fall lawsuits help injury victims recover the costs to pay for medical bills, any lost earnings, disfigurement, emotional distress or permanent physical disability suffered as a result of the property owner’s negligence.

November 28, 2017

Tallahassee Man Blames Clearwater Mini Golf Facility for Injuries

by Whittel & Melton, LLC

A Tallahassee man is suing a Clearwater miniature golf facility, alleging negligence.

The man filed a complaint Nov. 7 in Pinellas Circuit Court against the mini golf business owners, alleging they failed to provide a safe environment for its business invitees.

According to the complaint, on Aug. 2, the man was at the miniature golf course when he unknowingly stepped down a steep angle on the floor, causing him to fall.

The lawsuit states the man suffered serious injuries to his right leg and back, resulting in pain and suffering, disability, disfigurement, loss of earnings and aggravation of a previous existing condition.

The man alleges the business owners failed to provide a side walkway, lighting, and warning of a steep drop-off, failed to inspect the hidden dangers on the property, and failed to warn the man of the dangerous drop-off.

Mini golf is usually a fun experience enjoyed by everyone. No one ever thinks they can be injured playing mini golf, but the truth is, you can certainly sustain injuries while mini golfing. Even the safest mini golf attractions can have lapses of negligence. As an invitee of the mini golf course, you as the guest have a right to be reasonably protected against any safety risk while in the park under Florida premises liability law. Failure on the mini golf location’s part to protect you may be considered negligence.

October 25, 2017

Hotel Guest Blames Hotel Operators for Shower Injuries

by Whittel & Melton, LLC

A Broward County woman is suing Hyatt, alleging negligence led to her suffering injuries in the shower.

The woman filed a complaint Sept. 28 in the Ninth Judicial Circuit Court in Florida Orange County against Hyatt Corporation alleging they failed to use ordinary care to maintain their premises in a safe condition.

According to the complaint, on Sept. 22, 2015, the woman sustained serious injuries on the side of her neck when the shower head in a Hyatt Regency of Orlando bathroom suddenly dislodged and struck her. The suit says this caused her to violently twist her body and fall full force onto her right arm, neck and shoulder area.

As a result, she says she suffered bodily injuries, resulting in pain and suffering, disability, mental anguish, medical expenses and loss of earnings.

Sometimes something as simple as bathing can be a hazardous activity. Injuries from falls in the bathroom, particularly when getting in and out of a shower or tub, are common occurrences.

Bathroom falls typically mean violent contact with hard surfaces, which may result in traumatic brain injuries, back, hip or spinal injuries, neck fractures, or broken bones. If you suffered a serious injury from a hotel bathroom fall, you may still be dealing with the after effects.

If the hotel where you fell did not provide reasonable accommodations to protect you from an accident, you may be able to file an injury claim against the hotel for failing to provide a reasonably safe environment. Our South Florida Slip, Trip & Fall Injury Lawyers at Whittel & Melton can help you pursue potential compensation for your medical bills, lost wages, and pain and suffering.

September 21, 2017

Walt Disney Parks and Resorts US Inc. Accused of Negligence

by Whittel & Melton, LLC

A woman is suing Walt Disney Parks and Resorts US Inc. for alleged negligence.

The woman filed a complaint on Aug. 3 in the Orange County Circuit Court, alleging that the Disney failed to follow applicable safety guidelines and regulations.

According to the complaint, the woman alleges that she was a guest at the amusement park on May 3, 2016 when she fell due to a broken and defective sidewalk. The woman claims that she suffered disability, mental anguish and incurred medical expenses as a result of the fall.

She holds Disney responsible for allegedly failing to properly inspect the property, maintain its sidewalk and warn guests of the dangerous conditions.

Property owners have an obligation to keep their properties safe from unreasonably dangerous conditions such as defective sidewalks, uneven steps, and even spills on the floor. However, all too often people are injured on another person’s property because of an unsafe condition that the owner knew about and failed to repair.

Our Florida Premises Liability Lawyers at Whittel & Melton can help you if you have been injured on another person’s property. We will investigate your injury to help determine the cause, and help you pursue compensation for your injuries.

September 12, 2017

Orlando Taco Bell Accused of Negligence

by Whittel & Melton, LLC

A restaurant customer is suing Taco Bell of America LLC for alleged negligence.

The man filed a complaint on July 21 in the Orange County Circuit Court, alleging that Taco Bell failed to provide a safe environment for its patrons.

According to the complaint, the man alleges that he was walking towards the exit of the restaurant on Sept. 2, 2016 when he slipped and fell on a puddle of water on the floor. He allegedly suffered bodily injury, pain and suffering, the aggravation of a pre-existing condition, disfigurement, disability, mental anguish and medical expenses.

The man holds Taco Bell responsible for allegedly failing to warn him of the dangerous condition, and for allegedly failing to train its employees to properly maintain and inspect the obstructed walkway.

Restaurants, including fast food chains, owe a duty of care to people who visit their properties. Customers have the right to expect a store owner and manager to maintain safe conditions in these establishments.

Restaurants have responsibilities to their customers. If you suffered food poisoning, slipped and fell in a restroom, or otherwise suffered injury in a Florida restaurant or on the premises, we encourage you to speak with our Florida Negligence & Premises Liability Lawyers at Whittel & Melton today. You may be entitled to compensation from the owner of a restaurant to cover your damages, including:

Medical bills
Lost wages
Pain and suffering

August 22, 2017

Property Owner Accused of Negligence in Orange County

by Whittel & Melton, LLC

A tenant is suing a property owner for alleged negligence in the Orange County Circuit Court.

The woman filed a complaint on June 23 alleging that the property owner failed to provide a safe environment for her tenants.

According to the complaint, the tenant alleges that she suffered a severe injury to her left fibula on Oct. 5, 2014, which allegedly necessitated two months of orthopedic exercises, one year of disability for a year, and caused her to be unable to work. The tenant claims that the injury was caused when she struck tree roots and a mole hole due to the alleged poor lighting and maintenance of the lawn.

The tenant holds the property owner responsible for allegedly failing to warn her about the existing dangers of the premises, maintain and supervise the premises where the accident occurred and for allegedly allowing a dangerous condition to exist.

Property owners are responsible to adequately operate, manage, maintain and supervise their property to protect tenants and others from risk of harm. However, when property owners fail to maintain a safe environment for that results in serious injuries, they may be held liable for negligence.

The time following an accident can be a difficult and confusing time for injury victims. Our Florida Premises Liability Lawyers at Whittel & Melton understand this and work closely with clients through the legal process. We know you might be facing a lengthy recovery process and unable to work, which brings up the stress of paying your normal bills on top of medical bills and other accident-related losses. We can take care of your injury claim. If your accident was caused by your landlord’s careless or negligent behavior, we don’t think it is fair for you to be held responsible for paying somebody else’s mistakes.

August 10, 2017

Orlando Business Being Sued for Failing to Fix Dangerous Condition in Parking Lot

by Whittel & Melton, LLC

A business invitee is suing an Orlando business for alleged negligence.

The woman filed a complaint on June 21 in the Orange County Circuit Court, alleging that the business failed to provide a safe environment for its business invitees.

According to the complaint, the woman alleges that she was returning to her car on March 11, 2015 when she tripped and/or slipped on an uneven sidewalk on the business’ parking lot. As a result, she suffered bodily injury, pain and suffering, disability, mental anguish, an aggravation of a pre-existing condition, medical expenses and loss of earnings.

She holds the business responsible for allegedly failing to correct a dangerous condition and provide adequate signs that warned of the dangerous condition.

She is seeking more than $15,000 in damages.

If you slipped in a parking lot, there are a number of questions our Florida Slip and Fall Accident Injury Lawyers will ask you to determine who is at-fault and whether you can be compensated, including the events leading up to your accident.

July 11, 2017

Disney Boardwalk Villas Guest Sues for Trip & Fall Injury Caused by Screw

by Whittel & Melton, LLC

An Illinois woman visiting the Disney BoardWalk Villas in Lake Buena Vista alleges that she was injured while shopping there.

The woman filed a complaint on June 13 in the 9th Judicial Circuit Court of Florida – Orange County against Walt Disney Parks and Resorts US Inc. alleging negligence.

According to the complaint, the woman alleges that on June 25, 2015, she was upon the Disney premises for the purpose of visiting the shops and restaurants when she tripped on a raised screwed and fell. She alleges she suffered bodily injury resulting in pain and suffering, disfigurement, mental anguish and aggravation of a previously existing condition.

She holds Walt Disney Parks and Resorts US Inc. responsible because they allowed a dangerous hazard to exist and failed to warn of the dangerous condition.

She is seeking more than $15,000 in damages.

If you were injured in a trip and fall on someone else’s property, you may have the right to seek compensation for your injuries and other damages. This is an area of law called premises liability.

Under Florida law, property owners have a duty to exercise ordinary care to avoid injuries to visitors on their property. With that said, if a property owner’s negligent maintenance, operation or design of the property caused you to slip, trip and/or fall, the owner could be held liable.

Two key questions in any slip and fall case in Florida will be:

Was the property owner aware of the dangerous condition?
Was the hazard “open and obvious” so that you could have avoided it, thus preventing the slip, trip or fall?