Premises Liability

May 16, 2017

Suit Alleges Orlando Wal-Mart Employee Allowed Stack of Tables to Fall on Shopper

by Whittel & Melton, LLC

A woman is suing Wal-Mart Stores for negligence in a store accident that resulted in a stack of tables falling on her arm.

The woman filed a complaint on March 20 in the Orange County Circuit Court against Wal-Mart alleging that its store failed to provide a reasonably safe environment for its patrons.

According to the complaint, the woman says that on May 21, 2016, she suffered bodily injury, disability, medical expenses, loss of earnings and aggravation of a previously existing condition resulting from the negligent action of an employee as he allowed a stack of tables to fall on her arm.

She holds Wal-Mart responsible because the store failed to exercise reasonable care in the maintenance, inspection, customer service or mode of operation of the premises.

The woman is seeking compensatory damages in excess of $15,000 together with interest and costs.

When you set foot inside a retail store you expect you will be provided with a reasonably safe shopping experience. In fact, retail stores are legally obligated to maintain safe premises. If you slip, trip, fall or suffer another type of injury in a retail store you may have a valid legal claim against the store for financial compensation.

Many retail store injuries can leave you emotionally traumatized and physically unable to work. When you are unable to work, your finances can wind up in complete disarray. If you have suffered due to the negligence of a retail store employer or owner, let our Florida Personal Injury Lawyers at Whittel & Melton help you obtain the compensation you need to move forward with your life.

February 28, 2017

Cruise Ship Passenger Injured Aboard Miami Cruise Ship

by Whittel & Melton, LLC

A cruise ship passenger alleges he was injured after he slipped and fell near the food court on the ship.

The man filed a suit on Feb. 16 in the U.S. District Court for the Southern District of Florida against Celebrity Cruises Inc. alleging negligence.

According to the complaint, the man alleges that on Nov. 9, 2015, while aboard the cruise ship, he slipped and fell while walking on a slippery area near the food court. As a result, he alleges he suffered pain, loss of earnings and incurred medical expenses.

The man holds Celebrity Cruises Inc. responsible because they failed to conduct routine inspections of the area, failed to warn passengers of wet or contaminated floor surface and failed to establish, implement and enforce policies and procedures regarding the proper maintenance of the area.

Cruise lines are responsible for warning passengers of known dangers, however they are not required to warn of open and obvious dangers. Open and obvious dangers are those that should be obvious to a passenger using common sense. When slapped with a slip and fall claim, cruise lines will often use this defense to claim the cruise ship had no duty to warn its passengers of the obvious danger. The success of this defense depends on the unique circumstances of the case and the injuries involved.

Our Florida Cruise Ship Injury Lawyers at Whittel & Melton know that slip, trip and falls suffered aboard a cruise ship can leave you in great pain and unable to go back to work to earn a living. These cases can be complex, which is why you need knowledgeable representation to go up against the cruise ship industry.

February 22, 2017

Carnival Fascination Passenger Was Injured Getting Out of Hot Tub

by Whittel & Melton, LLC

A Kentucky woman claims a slippery deck near a hot tub on a Miami-based cruise ship caused her to fall.

The woman filed a complaint on Feb. 13 against Carnival Corp., doing business as Carnival Cruise Lines Inc., alleging negligence.

According to the complaint, the woman claims that on Feb. 26, 2016, she suffered serious physical injuries when she slipped and fell while exiting the Jacuzzi onboard the Carnival Fascination. She holds Carnival Cruise Lines Inc. responsible because they failed to warn the her regarding the slippery surface while exiting the Jacuzzi.

If you were injured in a cruise ship accident, you are not alone. Countless cruise ship passengers are injured every year, usually do to the negligence of a cruise line or its employees. Sadly, most of these injuries are 100 percent preventable. Slip, trip and fall accidents make up the majority of these incidents, resulting in a plethora of injuries including head injuries, broken bones, and spinal cord injuries. In most cruise ship slip, trip and fall cases, financial compensation can be sought by filing a personal injury claim.

While there are numerous ways a slip, trip and fall accident can occur, negligence is usually a contributing factor. The key to gaining a successful outcome for your claim, is proving negligence and showing that the negligence caused injuries to the victim.

February 6, 2017

Man Alleges Carnival Cruise Line’s Negligence Caused Him to Slip On Wet Deck

by Whittel & Melton, LLC

A Carnival passenger alleges he was injured because he slipped on a deck that was wet with rain.

The man filed a complaint on Jan. 23 in the U.S. District Court for the Southern District of Florida against Carnival Corp. alleging negligence.

According to the lawsuit, the man alleges that he sustained physical injuries when he accidentally slipped and fell due to a deck wet because of rain. The man holds Carnival Corp. responsible because they failed to warn the man of the hazardous condition of the lido deck.

All areas on a cruise ship that see a high volume of foot traffic must be must be free of dangers, and that includes any wet or slick surfaces that could result in slip, trip or fall injuries. Cruise line companies could be responsible for slip, trip and fall accidents that occur because of hazards employees create. Dangerous or hazardous conditions include slick or slippery surfaces and a failure to warn passengers of the wet area or failing to undertake reasonable safety precautions.

If a cruise line creates a dangerous condition or does not work to remedy the situation in a reasonable amount of time, they could be liable for all injuries they have caused. This negligence on the cruise ship’s part could mean you are entitled to recover financial compensation for your injuries.

December 5, 2016

Fuel Issue Causes Chicago-Florida Flight To Land In Indiana

by Whittel & Melton, LLC

A Frontier Airlines flight from Chicago to Florida was diverted to Indianapolis after an issue was reported with its fuel system.

No injuries have been reported.

A Frontier spokesman said flight 1334 left Chicago’s O’Hare International Airport on Sunday for Palm Beach with 205 passengers and seven crew members aboard and landed late Sunday in Indianapolis out of “an abundance of caution.”

The pilot for the Denver-based airline made the decision to divert the plane, according to reports.

Passengers were put on another plane to get to their destination. According to reports, they arrived in Palm Beach on Monday morning.

The Transportation Security Administration screens over 1.8 million passengers every single day, and each traveler knows that flying has built-in risks and trusts that they will get to their final destination safe and sound. The reality is that planes are machines, and machines can malfunction. Although airlines take as many precautions as possible, when dealing with such high speeds and altitudes, flight mistakes can have serious ramifications.

Airplane accidents can be caused by many different things. The following are some of the common causes of airplane accidents:

Instrument failure
Pilot error
Fuel mismanagement
Mechanical failure
Tire failure
Defective landing gear
Inadequate training
Inclement weather
Metallurgical failures
Improper maintenance
Mid-air collisions
Improper inspections
Poor fuel
Design defects
Inadequate security
Improper flight training

September 27, 2016

South Florida Cities Increase Gator Warnings After Disney Tragedy

by Whittel & Melton, LLC

South Florida cities are amping up their efforts to prevent fatal alligator attacks like the one that occurred in Orlando’s Walt Disney World when an alligator emerged from a lagoon, grabbed a toddler wading in ankle-deep water and killed him.

From Oakland Park to Delray Beach, cities have begun replacing “no swimming” signs with stronger warnings on lakes and canals where alligators and snakes might lurk.

Florida does not regulate whether cities or counties need warning signs.

Delray Beach is taking no chances. The city, which currently has only a few “no swimming” signs, plans to install 20 signs that warn of alligators at eight canals and lakes.

So are Oakland Park, North Lauderdale and Parkland, where staff are adding warning signs at parks by water.

According to the Florida Fish and Wildlife Conservation Commission numbers, there were nine alligator attacks in 2015, one of which was fatal, and 10 in 2014, none of which were fatal. Since 2006, there have been five reported fatalities due to alligator attacks. There have been 23 reported attacks since 1948, when the agency began keeping track.

Living in Florida, we know the dangers of alligators in any body of water, as well as hotels, golf courses and even backyards. Most public places located near bodies of water are pretty vigilant about relocating dangerous animals out of these areas. The added signage going up in south Florida is great, as it could prevent another tragedy from occurring.

August 12, 2016

Child Falls From Roller Coaster At Pennsylvania Amusement Park

by Whittel & Melton, LLC

A boy has fallen from a classic wooden roller coaster at a western Pennsylvania amusement park.

A spokesman for Idlewild and SoakZone amusement park says the child fell from the ride Thursday afternoon.

A Westmoreland County emergency dispatcher says the child was conscious and airlifted to Children’s Hospital of Pittsburgh, about 50 miles west.

A park spokesman said he doesn’t know the boy’s condition or where he was on the ride when he fell. It is unknown whether the ride malfunctioned or if horseplay was involved.

The Roller Coaster opened in 1938 and takes riders up, down and around a wooded hillside. It doesn’t require seat belts, and children under 4 feet tall must be accompanied by an adult.

The accident comes four days after a 10-year-old boy was decapitated as he rode a water slide at a Kansas water park.

Roller coasters are enjoyed by children, adults and all thrill seekers, but what you may not know is that coasters are the most dangerous rides at an amusement or theme park. In recent years, more than 10,000 people have been treated in emergency rooms throughout the United States due to amusement park and roller coaster injuries. If a roller coaster accident, like a fall from the ride, was caused by negligence, an injury victim may be entitled to compensation from the owners of the park.

Roller coasters have various speeds, height, intensity, size, G-force, etc. Children are the most susceptible to injuries from a roller coaster mostly because of the amount of G-forces a body can tolerate at high speeds. All bodies react differently from intense G-forces, so where one person may walk away unscathed, another person could suffer back injuries, neck injuries, brain injuries, spinal cord injuries, blood clots and wrongful death. Roller coaster seat belt systems can also cause injuries to riders depending on the differences in height, weight and size. Another issue, as this case highlights, is the risk of falling out of coasters from extreme heights.

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.

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.