Premises Liability

November 13, 2013

Alachua County Premises Liability Lawyer :: Gainesville Woman Killed after Tree Falls on Home

by Whittel & Melton, LLC

A 42-year-old woman was killed early Wednesday morning after a tree fell on her Gainesville home as she slept, according to authorities.

The tree apparently fell on a trailer around 2 a.m. while the woman and her 40-year-old husband were sleeping in their bedroom.

A spokesman for the Alachua County Sheriff’s Office said the husband was seriously injured and is undergoing surgery at UF Health Shands Hospital.

The couple’s three children were in a different part of the home and were not harmed in the incident.

Authorities believe the tree fell on the home due to windy conditions.

Powerful winds that accompany heavy rains and thunderstorms can be strong enough to break tree branches and uproot even healthy trees. However, rotting or dead trees cannot usually withstand heavy gusts of wind and can fall at any time. If falling trees do damage a property or cause injuries or death, this could be the basis for a premises liability lawsuit.

Trees usually fall without giving very much warning, which can lead to catastrophic injuries to any person in its path. Falling trees and branches have been known to cause brain injuries, skull fractures, spinal cord trauma, broken bones, injuries to internal organs and even death. If you or a loved one was harmed by a falling tree, you may be wondering if someone can be held liable. If a property owner is aware that a tree on the premises is weak, dead, diseased or at risk of falling, he or she could be held responsible if the tree falls and injures someone. If a landowner fails to take reasonable steps to prevent a tree fall disaster, he or she may be financially liable for any injuries or damages that occur.

October 24, 2013

West Palm Beach Florida Cruise Ship Injury Lawyer :: Woman Injured in Fall on Cruise Ship

by Whittel & Melton, LLC

A woman is recovering from injuries she suffered during a fall on a Carnival cruise ship, according to the Associated Press.

On Wednesday, the United States Coast Guard lifted the woman from the Carnival Sensation and flew her to St. Mary’s Medical Center in West Palm Beach.
According to the Coast Guard, the cruise line notified them that the 52-year-old woman fell in an elevator and injured both of her legs.

She was listed in stable condition.

No further details regarding the incident or the woman’s medical condition are currently available.

Slips, trips and falls are a leading cause of injuries on cruise ships, accounting for numerous injuries to passengers every year. Depending on the severity of these injuries you may incur lost time from work, costly medical bills and a headache from dealing with any insurance companies involved. Unfortunately, the physical and emotional pain that you endure from these injuries can continue long after your cruise vacation has ended.
Cruise ship injuries are usually caused by dangerous or hazardous conditions as a result of negligence or recklessness of crew members on the cruise ship, wet or slick surfaces on the vessel or barriers on the premise that should not be there. If you are injured from a slip, trip or fall caused by an unsafe condition on another person’s property, you may be entitled to financial compensation for your suffering.

September 24, 2013

Florida Negligent Security Attorney :: Ravens’ Jacoby Jones Injured in Party Bus Brawl

by Whittel & Melton, LLC

Baltimore Ravens wide receiver Jacoby Jones suffered a head injury early Monday morning after he was apparently struck over the head with a champagne bottle by a stripper named Sweet Pea on a party bus.

According to TMZ.com, Jones was partying on the bus in D.C. celebrating Bryant McKinnie’s 34th birthday when the alleged stripper hit him over the head with a “gigantic Ace of Spades bottle.”

After Jones was struck by the bottle, and ambulance was apparently called for “a bleeding male.”

Sources from TMZ say that people were leaving a club at 3 a.m. when the party bus brawl began.

TMZ reported that Jones, the former Dancing with the Stars contestant, was “bleeding everywhere.”

Several other Ravens teammates were out celebrating McKinnie’s birthday. The Ravens were coming off of a 30-9 win over Houston on Sunday.

It is unclear why Sweat Pea struck Jones over the head with the bottle. It is also unknown how large the bottle was that hit Jones. However, Ace of Spades bottles come in eight sizes, ranging from 750 milliliters to 30 liters.

According to TMZ, one of Jones’ friends apparently tried to retaliate against the stripper, but McKinnie stepped in to stop the fight. However, an alleged altercation then broke out between McKinnie and Jones’ friend.

Authorities responded to the scene, but no one was arrested.

Business and property owners in Florida have a duty to warn all patrons and visitors to their property of any dangerous conditions. This includes taking necessary action to prevent any injuries from occurring on their property. In areas that are highly susceptible to crime, such as night clubs, parking lots, parking garages, strip clubs, college campuses, hotels, apartment buildings and even party buses, business or property owners have a duty to provide sufficient security. However, many business and property owners fail to take such precautions simply because of the high cost associated with adequate security measures. Too often, this failure leads to serious injury or wrongful death.

September 10, 2013

Florida Amusement Park Injury Lawyer :: Girl Airlifted to Hospital after Fall at Disney World Hotel

by Whittel & Melton, LLC

Florida is home to some of the most popular theme parks in the United States. The Orlando area alone has more than 95 amusement parks, attractions and other interesting features that draw in millions of tourists each year. Disney World is quite a popular destination for many residents and travelers as this theme park has many appeals, including Magic Kingdom, Epcot, Hollywood Studios and the ever-popular Animal Kingdom.

While many people associate amusement park injuries with a roller coaster accident or other type of ride mishap, most theme park injuries arise from slip and fall accidents that are usually the result of park negligence. Such was the case for a young girl injured last week at Disney’s Animal Kingdom.

A 6-year-old child suffered serious injuries Sept. 2 after falling from a third-story balcony at Disney World’s Animal Kingdom Villas, according to authorities.

The Orange County Sheriff’s Office reported that the girl fell from her family’s room.

The girl’s father was apparently taking a shower when he heard the girl’s mother scream. The man quickly ran down the stairs and jumped over a wall to retrieve his daughter.

The child was airlifted to a nearby hospital, where reports indicate she is currently in stable condition.

The Animal Kingdom Villas are surrounded by a preserve filled with free-roaming animals and birds, but officials at the park told authorities the animals do not have access to the area where the girl fell.

Authorities believe the fall to be accidental, but are still investigating the incident.

June 18, 2013

Miami Injury Lawyer :: 33 Injured after Deck Collapses at Miami Sports Bar

by Whittel & Melton, LLC

A Miami deck collapse at Shuckers Bar and Grill, a popular restaurant in North Bay Village, left 33 people injured Thursday night.

Two of the 33 injured are reportedly in serious condition.

About 100 people were on an outdoor deck at Shuckers Bar and Grill watching the Miami Heat play in the NBA Finals. During the first quarter of the game, at around 9:20 p.m., the deck collapsed sending dozens of patrons into the shallow waters of Biscayne Bay.

Witnesses claim the deck gave way just as Heat fans started jumping and cheering to celebrate their team’s scoring a basket.

Reports indicate that 33 people were injured and transported to various hospitals in the area.

Every business in Florida, including restaurants, hotels and bars, has a legal obligation to make sure the property is kept safe for guests and customers. With that said, under Florida law, all floors, walls, ceilings and even decks must be constructed, maintained and inspected in compliance with any applicable building codes.

April 1, 2013

Florida Amusement Park Injury Attorney :: Disabled Man Stuck on Disneyland Ride Awarded $8K in Damages

by Whittel & Melton, LLC

A federal judge awarded $8,000 to a quadriplegic man Friday who became stuck on Disneyland’s “It’s a Small World” ride for about 30 minutes after it broke down in 2009. The man and his wife sued Disney in 2011 following the incident on Nov. 27, 2009.

They claimed that Disney should have adequately warned visitors that the ride posed a unique risk of harm to disabled persons. The couple also noted in their suit that Disney should have been on notice regarding the ride since it had broken down twice earlier on that same day.

The wheelchair-bound man became stuck on the ride as it went through a cave called the “goodbye room.” The man said that as the ride stopped, he got stuck while other passengers were evacuated. He apparently requested for his boat to be moved slightly so that he could exit, but ultimately there was no way to evacuate him. The man said that being stuck in the ride was extremely dangerous to him because he suffers panic attacks and has dysreflexia, a condition that can elevate blood pressure to unsafe levels.

The man’s lawsuit alleged that Disney was at fault for continuing to operate the risky ride and failing to notify disabled persons that there was no way to evacuate should an emergency situation arise. The man claims had he been warned properly, he would not have gotten on the ride. The judge ultimately threw out many of the man’s claims, but did find Disney liable for premises liability.

In general, amusement park operators must keep their premises safe for guests. The judge felt that Disney failed to live up to its duty by operating the faulty ride and not providing the man with the appropriate information needed to make an informed decision on whether or not to get on the ride. The judge ruled that Disney “should have known that there was a likelihood of harm to a disabled person, as reflected in its own standards for that ride.” Continue reading

February 27, 2013

Florida Injury Lawyer :: NASCAR Fans Injured in Daytona Crash Explore Lawsuit

by Whittel & Melton, LLC

Several NASCAR fans injured last weekend during a race just a day before the Daytona 500 are now contemplating a possible lawsuit.

Last Saturday, more than 30 people were injured following a horrendous crash in a second-tier NASCAR series race that sent chunks of debris, including a heavy tire, flying into the stands. All injured parties have since been released from the hospital.

Interestingly, a competitor in the race was quoted on CNN declaring that the racers “assume the risk” when competing, but the fans do not. This may be slightly in conflict with NASCAR’s position as they most likely may try and cowardly hide behind the back of their ticket stubs. The language printed on the Daytona disclaimer could be viewed as a legal contract, similar to a cruise ship voucher, which could be an issue in court.

The disclaimer on the Daytona ticket reads: “The holder of this ticket expressly assumes all risk incident to the event, whether occurring prior to, during or subsequent to the actual event, and agrees that all participants, sanctioning bodies, and all employees, agents, officers, and directors of Daytona International Speedway, its affiliates and subsidiaries, are hereby released from any and all claims arising from the event, including claims of negligence.”

A NASCAR spokesman said at this point they have not heard of any lawsuits being filed.

Daytona International Speedway is owned by International Speedway Corp., a NASCAR sister company.

It will certainly be interesting to see if any lawsuits do arise from this incident and how they are handled.

November 8, 2012

Florida Wrongful Death Attorney :: New York Girl Electrocuted at Mini-Golf Course in Kissimmee

by Whittel & Melton, LLC

Orlando, FL – An 11-year-old girl on vacation with her family from New York was electrocuted and killed while playing miniature golf at an Orlando-area resort in June.

She was attempting to retrieve a ball from the pond on the mini-golf course when the water became electrified. She was taken to a hospital and pronounced dead.

Two others were injured for the same reason.

The resort owner and local sheriff’s investigators could not identify why the fatal accident occurred.

However, building-safety personnel believes a faulty pump, likely connected to the wrong circuit breaker, caused the electric current.

In general, property owners, including resort owners, are responsible for the safety and well-being of all guests and visitors who use their facilities. When a business or individual invites someone onto their property, they are ultimately guaranteeing the grounds are free form any hazards that could jeopardize the safety of visitors. Failing to provide a reasonably safe premise can result in fatal accidents, just like this case demonstrates.

September 17, 2012

Young Boy in Critical Condition Following Diving Accident in Altamonte Springs :: Whittel & Melton

by Whittel & Melton, LLC

A 5-year-old boy remained in critical condition Wednesday after falling off a 10-foot diving board at an Altamonte Springs high school.

The child had apparently joined the aquatics team and was learning to dive.

According to police, the child slid under a handrail and fell off the side of the board around 4:45 p.m. Tuesday. He suffered severe head trauma after hitting the pool deck.

An estimated 13,000 diving-board related injuries occur every year that are serious enough to require emergency medical care, according to the Consumer Product Safety Commission. Diving board injuries can happen while mounting the board, while on the board or even during a dive off the board. Despite the causes, diving board accidents can result in severe and catastrophic injuries, including:

• Traumatic Brain Injuries
• Spinal Cord Injuries
• Neck and Back Injuries
• Broken Bones
• Paralysis
• Lacerations, Scrapes and Bruises

The medical care required to treat such debilitating injuries can be quite expensive. As the victim of a diving board accident on someone else’s property, you may be entitled to recover monetary damages for your losses.

March 18, 2011

Tampa, Florida Premises Liability Lawyers :: Two Adults Injured When Apartment Stairway Collapsed

by Whittel & Melton, LLC

Two individuals suffered non-life threatening injuries Tuesday night when a wooden staircase between the first and second floor gave way at a Palm River apartment complex.

Hillsborough County Fire Rescue transported the two adults to a local hospital, according to the St. Petersburg Times.

A ladder truck safely escorted four adults, three infants, and one family dog off the second floor.

County code enforcement is further exploring how the collapse happened.

According to a Harvard University renter demographics study, 80 percent of Americans aged 29 and under rent homes. While the number of renter’s shows a trend of declining with age, 4.1 million households aged 65 and above fall within the home renter category.

Property owners are responsible for injuries on their property, such as negligence or communication errors. Any person or organization that owns a property has a legal obligation to keep the area free from hazards or notify the public if a hazard cannot be fixed immediately.

Property owners must provide reasonable accommodations for tenants and routinely examine, preserve, and restore all dangerous areas. Here, the two injured adults could file a premises liability lawsuit against the apartment complex owners for negligence in maintaining the property.

Since the adults were sent to the hospital for suffering injuries, whether they are permanent ones or not, they could be compensated for any medical expenses, lost wages, and any additional pain and suffering that is endured.