Premises Liability

October 17, 2014

Kentucky Waterpark Facing Two Lawsuits Over Slide Injuries

by Whittel & Melton, LLC

When a serious injury or wrongful death happens due to an amusement park accident, a thorough investigation needs to be conducted. While amusement parks, including waterparks, have plenty of insurance and plenty of lawyers to protect them when accidents arise to keep the blame away from them, having your own personal injury lawyer can be essential to the outcome of your case. Having good legal counsel in your corner can help you you recover the rightful compensation you need.

Kentucky Kingdom’s Hurricane Bay is currently the subject of two lawsuits alleging that staff allowed customers to use the wrong inner tube for a certain water slide. Two patrons have come forward and filed suits against Kentucky Kingdom for injuries that occurred after falling out of the slide.

The lawsuit claims that improperly sized inner tubes were the culprit in these two cases. Both allege they were given “the wrong size inner tubes,” which resulted in them tipping over and becoming injured.

It’s not entirely clear which ride the pair were on when they were injured, but the lawsuit clearly states that they blame Kentucky Kingdom and its staff for their injuries. One of the injury victims suffered a shoulder injury after the fall while the other suffered a head injury “which causes her seizures,” according to reports.

If it can be demonstrated that the Hurricane Bay ride’s operators were in fact negligent in giving the two individuals the wrong-sized inner tubes, Hurricane Bay could be found liable for the injuries that resulted. Negligent operation of rides as well as the improper maintenance of a ride are quite common ways for theme parks to be found liable in these types of cases.

If you or a loved one was injured at an amusement park or water park, a Florida Amusement Park Injury Lawyer at Whittel & Melton can help. Our team of attorneys work with experts to determine exactly how the accident happened. Additionally, we enlist the help of medical and financial experts to document the full scope of injuries, the long-term consequences and the full financial costs associated with an amusement park accident.

Amusement park rides and water slides must be designed properly, regularly inspected for maintenance and stay under close supervision in order to prevent accidents. When something goes wrong on these rides, the resulting injuries can be life changing.

August 27, 2014

Wet ‘n Wild Employee in Critical Condition after being Trapped Underwater while Cleaning Pool

by Whittel & Melton, LLC

A Wet ‘n Wild worker remains in critical condition after he was trapped under water while cleaning one of the pools at the theme park Tuesday morning, according to officials.

Orlando police responded to the scene at 10:07 a.m. where an “industrial accident” was reported at the Universal Orlando park.

Another employee called for help while a third worker pulled the trapped man out of the water, according to a police spokeswoman.

The man was treated at the scene before he was transported to Dr. P. Phillips Hospital.

The Occupational Safety and Health Administration is investigating.

A Universal Orlando spokesman made the following statement: “At the moment, our attention is focused on assisting our team member and his family. We are also working to understand exactly what happened, but have nothing else to share at this time.”

Water parks are a great way to cool off from Florida’s hot summer months, but as this case shows, they can also lead to pretty serious accidents resulting in severe personal injuries and even death. If the park’s owners fail to take certain precautions, such as making sure all rides are functioning properly, eliminating slippery surfaces, maintaining their property or properly training lifeguards and other staff members, serious consequences can result. Water park negligence in Florida can place many people, including patrons and employees alike, at risk of suffering traumatic brain injuries, skull fractures, spinal cord injuries, neck and back injuries, broken bones, paralysis, drowning and death.

While we usually hear about visitors and guests suffering injuries at an amusement park, keep in mind that employees of amusement parks are also vulnerable to injuries from accidents. Should an unfortunate incident lead to a workplace injury, an employee could be entitled to workers’ compensation. Moreover, if a work-related injury is the fault of another party’s negligence, a personal injury claim seeking financial compensation for damages can be filed against the responsible party.

August 26, 2014

Virginia Mom Seeks $1 Million for Toddler’s TBI from Ocean City Amusement Park Kiddie Ride

by Whittel & Melton, LLC

A Virginia mother has filed a $1 million lawsuit against Trimper’s Rides and Amusements in Ocean City alleging that a ride left her 2-year-old son with a traumatic brain injury.

The woman filed the personal injury claim in U.S. District Court on July 23, and according to the court filing, her son and his young cousins were on the Hampton I, a ride geared toward children that features miniature trucks and cars that travel in a circle, when an operator stopped the ride to let another child off.

However, when the ride came to an abrupt stop, the woman’s son thought the ride was finished and exited his car. But, according to the complaint, the operator started the ride back up and one of the cars hit her son, knocking him down and “fracturing his skull on the cement floor.”

The lawsuit alleges the boy, who was 2 at the time, was “slammed into the floor and crushed between the ride’s tracks and the vehicle which had impacted him, as the vehicle continued along the tracks.”

Since the accident in June 2012, the lawsuit claims that the woman’s son has had significant medical expenses and suffered continued daily ill effects from his injuries.

The woman has accused the ride operator of being negligent due to the fact that he failed to secure all passengers and to check that the tracks were clear before resuming the ride.

Generally, in order to prove a negligence claim, it must be demonstrated that the defendant had an obligation to act in a responsible manner and with reasonable care in a specific situation and that the result of the defendant ignoring that duty caused an injury. This lawsuit alleges that the ride operator committed negligence because the ride was restarted before a sweep was done to make sure all children were secured in their seats and that the tracks were clear.

For this specific case, the operator of the ride would likely be found to have a duty to operate the ride in a reasonably safe manner. Any negligence found on the part of the individual operator could also lead to legal liability for the park’s owners as well since employers can be held responsible for negligent, careless or reckless acts committed by employees during the course of employment.

The two most common defenses to negligence claims are assumption of risk, where it is believed that the situation was so inherently or obviously dangerous that the injury victim should have known there were hazards and took the chance that he or she could be injured, and when a person acts carelessly and causes his own injuries. Although, these defenses could be difficult to prove due to the fact that the injured party is a 2-year-old child.

July 11, 2014

Florida Amusement Park Injury Lawyer :: Man’s Fingertip Severed on Ride at Disney’s Magic Kingdom

by Whittel & Melton, LLC

A tourist from the United Kingdom was hospitalized Thursday morning following an accident on the Pirates of the Caribbean ride at Disney’s Magic Kingdom.

The tips of the man’s ring finger and his pinky finger on his right hand were severed, according to the Reedy Creek Fire Department.

The man was apparently holding on to the outside of the boat during the ride. It’s unclear what hit the man’s hand and caused the injury.

According to a Disney spokeswoman, the ride was briefly closed and has since been reopened.

A verbal safety message sounds each time the Pirates of the Caribbean ride is launched that warns guests to keep hands and feet inside the ride at all times. It’s not yet clear if the message is pre recorded or if a Disney employee is responsible for warning riders.

There are also signs posted in the area where guests wait to board the ride that say, “For your safety remain seated with hand, arms, feet and legs inside vehicle. Supervise children.”

Disney, along with other area theme parks voluntarily report “significant injuries” suffered on their attractions per an agreement with the state that exempts them from public ride-safety regulation.

In order to be classified as a significant injury, a guest must have been hurt on a ride and the injury must require an immediate hospital stay of more than 24 hours for more than just observation.

In its most recent report, Disney reported five guest injuries in the last quarter of 2013.

The Magic Kingdom logged three of these injuries: a 75-year-old woman who fell and broke her wrist while exiting the Mad Tea Party, a 48-year-old man who became ill after riding Buzz Lightyear’s Space Ranger Spin and a 35-year-old man with a pre-existing condition who experienced heart pain before and after riding The Haunted Mansion.

Additionally, a 29-year-old woman fell ill and suffered disorientation and slurred speech after riding Expedition Everest at Disney’s Animal Kingdom and a 68-year-old man broke his toe on the outer wall of Castaway Creek in the Typhoon Lagoon water park.

The last time someone was hospitalized after riding the Pirates of the Caribbean ride was in 2012. Reports indicate that a 71-year-old woman experienced dizziness, chest pain and mouth numbness.

Operators of amusement park rides have a duty to riders and guests to warn them about staying safe on rides. At this time it is unclear whether the injured tourist heard or disregarded the audio or failed to read warning signs on the Disney ride. However, if he plans to file a claim against the park, because of these warnings, he could actually be found negligent.

Based on Florida’s laws on comparative fault, if someone sues for damages and is found negligent, each party involved can be held liable for the portion of damage related to their fault. Meaning, if a lawsuit is filed and Disney was found to be only 10 percent at fault for the man’s injuries, then Disney would only be legally required to cover 10 percent of the damages.

Disneyland, Disney World’s California cousin, has actually been sued more than 100 times for injuries from 2007 to 2012. Most of these cases were settled out of court. It is not clear at this point whether this man will attempt to seek damages for his severed fingertip, however, Disney will likely add this incident to their “significant injuries” report for the year.

June 30, 2014

June & July Recognized as National Fireworks Safety Months

by Whittel & Melton, LLC

The National Safety Council delegates the months of June and July to focus on fireworks safety, since fireworks injuries are most common between June 1 and July 4 each year.

Eye injuries are a noteworthy concern when it comes to projectile fireworks like bottle rockets and Roman candles. According to Prevent Blindness America, eye injuries are common with fireworks, as are burns and other very serious injuries. Most of those who suffer fireworks-related eye injuries are children under the age of 15 since they do not fully understand the dangers of these hot explosives, but it is important to point out that anyone can be harmed by fireworks.

Last year there were eight deaths and about 11,400 injuries nationally from fireworks, according to a recent report by the Consumer Product Safety Commission. To help protect yourself and those you love from fireworks injuries this summer, please familiarize yourself with the following safety tips:

Check the fireworks laws and ordinances where you live. In the state of Florida, consumer fireworks are illegal. However, state lawmakers passed an exception to this rule allowing fireworks to be purchased by farms and fish hatcheries. In order for vendors to sell fireworks to customers, all they have to do is have purchasers sign forms saying they’re buying under an agricultural or other exemption.
Never let children play with fireworks. While most people tend to think hand-held fireworks like sparklers are safe enough, know that these can reach temperatures over 1,000 degrees Fahrenheit, which can cause serious burn injuries. Do not let your child play with, hold or light off fireworks of any kind.
If you are going to light off fireworks, make sure to set up a fire-resistant area. Everyone else should be kept several yards away from this area. Also, have a fire extinguisher or hose handy in case fireworks get out of control.
Leave the fireworks to the professionals. Rather than lighting off your own fireworks at home, head to professional fireworks shows. While you could still possibly be injured at one of these shows, the risk is much lower than if you choose to light your own fireworks off at your house.

June 11, 2014

Florida Slip, Trip and Fall Injury Lawyer :: National Safety Month – Stop Slips, Trips and Falls

by Whittel & Melton, LLC

Slip, trip, and fall accidents are a primary cause of injury in the United States for people of all ages and genders. June is National Safety Month, which is why it is important to address these risks, and for all of us in Florida to strive to help prevent future accident injuries.

The Second Week of National Safety Week Is Dedicated to Fall Prevention

The National Safety Council has dedicated the second week of June to raising awareness about slip and fall and trip and fall injuries. There are many ways we can prevent serious injuries and fatalities throughout our Florida communities, including the following:

June 6, 2014

Tampa Negligent Security Injury Attorney :: One Man Possibly Injured in Onyx Nightclub Shooting

by Whittel & Melton, LLC

St. Petersburg police believe gun shots fired at the Onyx Premium Nightclub may have left one man injured last night, but they can’t be sure.

The apparent victim arrived at Bayfront Health St. Petersburg shortly after police were called to the club about 3:15 a.m. According to reports, the 31-year-old refused to tell police how he ended up with a gunshot wound in his right leg.

A police spokesman claims the victims was “very uncooperative” and told officers to leave him alone.

No one else at the club or nearby it was able to provide police with details.

The same club, under its former name, The Scene, was the site of a February 2012 shooting where at least one man was injured. Following that incident, at least three negligence claims were filed against the club’s former owners in Pinellas-Pasco Circuit Court.

When people go out to bars and nightclubs in Tampa and St. Petersburg, they expect to enjoy their evening and have a good time. Unfortunately, there are too many times when a night out on the town ends in a violent attack, unnecessary injuries, beatings, shootings and even death. In certain situations, people may have been subjected to unreasonably dangerous conditions that harmed them. If you have been the victim of an act of violence that caused a terrible injury at a nightclub or bar, a Tampa Negligent Security Injury Lawyer at Whittel & Melton can help.

Under the law of premises liability, owners and supervisors of nightclubs and bars can be held liable for any violent crimes that occur on their property, including shootings, accidents, assaults, injuries and wrongful death. Bar security staff, bouncers, restaurant and bar managers and other employees may also be held accountable for violent acts when extreme force is used.

If you or someone you love was the victim of an attack, beating, shooting, accident, injury or even death at a nightclub or bar, you may be infuriated and unsure of how to obtain justice. Opportunely, the law allows those who have been the victims of nightclub or bar negligence to seek compensation for damages including past, present and future medical care needs, lost past and future wages, emotional pain and suffering, hospital and ambulance bills and other expenses through what is known as a personal injury lawsuit.

May 2, 2014

Florida Injury Lawyer :: Paralyzed Jacksonville Teen Awaits $3.5 Million Settlement

by Whittel & Melton, LLC

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.

April 28, 2014

Florida Carnival and Amusement Park Injury Lawyer :: Florida Fair Operators Distracted by Cell Phone Use

by Whittel & Melton, LLC

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.

December 19, 2013

Florida Premises Liability Lawyer :: Beware! Holiday Décor Can Cause Slip, Trip and Fall Accidents

by Whittel & Melton, LLC

Who doesn’t love holiday decorations and lights? They are part of the holiday tradition, brighten any space and put on a smile on everyone’s face. However, as cheerful as holiday adornments can be, they can bring up a number of safety issues. Here are just a few of the ways holiday trimmings can cause slip, trip and fall injuries at your home and local businesses:

Christmas Trees – Large beautifications, like Christmas trees, should always be placed off to the side or in areas with less foot traffic to keep people from running into them or tripping over them.

Electric Cords – Electric decorations and lights have cords. Unfortunately, these can be hard to spot and lead to tripping hazards. Strings of lights and cords should be kept away from walkways to avoid injuries. The best place to store them is along the baseboard, where they are least likely to cause trip and fall accidents. Remember, do not ever staple or nail a cord to a wall as this is a fire hazard!

Live Plants – Live trees and plants require water. When water runs onto the floor, it can create safety hazard to all guests and visitors. All live plants should have drip pans placed underneath them to prevent liquid spills. Should any water spill onto the floor, it must be cleaned up immediately. Mats can always be used to prevent slip and fall tragedies in areas that could get wet.

Christmas Lights – Lights are beautiful way to add some sparkle to your house for the holidays, but it is important to not use these decorative lights as a substitute for proper lighting. When an entryway or stairwell is not adequately lit, a person can easily slip, trip or fall.

Holiday Decorations – Christmas decorations and wall adornments can easily fall down. Any fallen décor should be immediately picked up before it can become a safety hazard.