South Florida Injury Lawyers Blog

Published on: April 12, 2013

South Florida Bicycle Accidents a Spring and Summer RIsk

In the state of Florida, Traffic Crash Statistics reveal that there were 4,925 bicycle crashes in 2010.

This was a 3.16 percent increase in the number of accidents when compared to the 4,774 crashes that occurred in 2009. The number of bicyclists injured also went up by 3.95 percent from 2009 to 2010, with 4,376 injuries in 2009 and 4,600 injuries the following year. Only the number of deaths went down and the decline was significant, with around 25 percent fewer people dying in 2010. Still 76 bicyclists were killed over the whole year that year as compared with 99 riders the year before.

While there were fewer bike rider deaths in Florida in 2011, our Fort Lauderdale bicycle accident attorneys know that Florida still remains one of the most dangerous states for bicycle riders. Many riders are aware of this and some are even deterred from riding as a result. On the website of the Florida Bicycle Association, for example, the bike coordinator indicated that fear of motorists was one of the most common deterrents to bicycle riders.

It is natural to be afraid of drivers who may be taking dangerous and unnecessary chances on the road that put bicycle riders at risk. However, riders shouldn’t let concerns over driver behavior prevent them from doing an activity they enjoy. Both bike riders and drivers of motor vehicles have an important role to play in making the streets safer for bike riders, in reducing injuries and in reducing fear. If drivers and bicycle riders both made a commitment to making smart choices and respecting each other, this would have a significant impact on road safety and would improve life for everyone.

Tips for Bicycle Riders and Drivers to Stay Safe
Bicycle riders can take certain steps to make an accident less likely and to protect themselves from the most serious of injuries in the event that an accident does occur. For example, bicycle riders should:

Check the bike, including the air and brakes, before each ride to make sure it is in good repair.
Wear comfortable cloths that you can ride easily in and that will not get caught in the pedals or spokes of the bike.
Wear a helmet every time you ride.
Try to avoid heavily trafficked areas especially if those areas are lacking in a sidewalk or a safe place to ride a bicycle. For purely recreational riding, using trails and areas away from cars is a great way to take an extra step to safety. If you use your bike for transportation and need to go places, you should consider your route carefully in advance to try to find the most bike-friendly way to travel.
Wear bright colored clothing and use a light at night. This can help drivers to notice you so they don’t hit you.
Use appropriate hand signals to alert drivers to your intentions, follow the rules of the road, don’t speed and don’t fail to yield the right-of-way when it is not your turn.

These rules can help bicycle riders to stay safer and can reduce the chances of a crash. However, drivers have some safety steps to take too. For example, drivers of passenger cars should refrain from doing anything that could put a bike rider at risk including speeding; distracted driving; drunk driving; tailgating or failing to yield the right-of-way. By avoiding these risky behaviors, hopefully bicyclists will be a little bit safer this spring and summer as they enjoy their bicycles.
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Published on: April 10, 2013

Broward Authorities Investigate Deadly Port Accident

By Dean Freeman

Officials with the Broward County Sheriff’s Office are searching for answers as to why a four-story scissor lift plummeted onto a concrete dock in Port Everglades, killing two county public works employees and causing a third to suffer critical injuries.

Our Broward injury lawyers understand the workers had been making some minor repairs to the passenger gangway when the equipment collapsed.

While the Occupational Safety & Health Administration might normally be tapped to look into a tragic work accident such as this, the agency does not have jurisdiction in this matter because, per federal law, it doesn’t have jurisdiction over accidents involving public employees.

This incident speaks to a greater trend, and that is the serious problem of injuries and fatalities to longshore workers and maritime employees. The U.S. Bureau of Labor Statistics reports these are among the most dangerous jobs in the country, with about 350 suffering critical injuries every year.

Longshore workers are responsible for loading and unloading cargo, repairing ships and building bridges. Harbor and dock workers most frequently suffer injuries relating to equipment and machine accidents, slips and falls and drownings.

Roughly a fifth of all shipyard deaths are the result of equipment failures. Other problems include slippery work environments, lack of protective gear for safety and a failure of employers to implement proper safety protocols.

In 2011, OSHA released a list of new standards regarding shipyard safety. those include things like minimum lighting levels, presence of trained first aid workers, motor vehicle safety and storage and handling of hazardous materials. Those rules became enforceable Aug. 2011.

Many of those who work in shipyards are covered under the Longshore and Harbor Workers’ Compensation Act, which provides compensation benefits to some 500,000 workers who suffer a disabling injury or employment-related disease that occurs in the waters off the U.S. or on adjoining ports.

Scissor lifts are most often used on construction sites, but they are also used in ship maintenance and repair. OSHA reports that the equipment can be dangerous if it’s used during bad weather or if it’s overloaded or the guard rails are removed or if the ground beneath it is unstable. The conditions on the day of the fatal Port Everglades accident were reportedly sunny and dry with low winds.

All workers on scissor lifts should be equipped with safety harnesses. The equipment shouldn’t be used at all if winds are above 28 miles per hour.

Scissor lifts have a wide variety of uses – from sporting events to musical concerts. This is the second fatal accident in Florida involving a scissor lift in the last year. Last summer, a construction worker at a West Palm Beach mall was killed after falling 20 feet to the concrete floor while removing asbestos.

According to OSHA, work-related falls are “100 percent preventable,” with proper training, safety equipment, supervision and safety protocol.
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Published on: April 8, 2013

South Florida Tourism Injuries Abound

By Dean Freeman

NFL footballer Donte Stallworth and his girlfriend were involved in a scary accident recently when the hot air balloon in which they were traveling crashed into a string of power lines in South Florida.

Our Vero Beach injury lawyers understand that while the pair suffered some burns, they are expected to make a full recovery.

While the incident is being investigated by both the National Transportation Safety Board and the Federal Aviation Administration, it’s a good opportunity to point out that this is one of the many ways in which tourists risk injury when they vacation in Florida.

Many operators in this state follow the appropriate safety standards, properly maintain their equipment and provide the necessary training to personnel and patrons. Some don’t. Tragedies do happen.

Jet skis in particular have a well-deserved reputation for danger.

One spring afternoon two years ago, rapper Sean Kingston and a passenger were critically injured after crashing a jet ski into a Miami bridge. Injuries included a torn aorta, fractured wrists, water in the lungs and a broken jaw. The crash was determined to be caused by operator inexperience and carelessness.

Then last summer, singer Usher’s 11-year-old stepson was rendered brain-dead and later died after being struck by a jet ski while he sat in an inner tube in Lake Lanier outside of Atlanta.

The National Association of Rescue Divers recommends the following to ensure safety with regard to jet ski use:
–Take at least one lesson on usage to ensure you understand the controls and features;
–Wear the proper safety equipment – eye wear, tennis or deck shoes, life jacket, etc.;
–Keep the safety lanyard attached to you;
–Stay way from wildlife and swimming areas;
–Never operate a jet ski at night;
–Passengers under 18 should wear a helmet;
–Don’t operate the jet ski if you’ve been drinking.

Another popular tourist activity in Florida is parasailing. Millions of vacationers do it safely every year. However a few years ago, two teen sisters on vacation in Pompano Beach were in the air, tethered to a speed boat. The weather suddenly turned, and despite the girl’s cries to be brought down, the boat kept going. The tow line snapped. The wind caught the chute with the girls attached. They were flung into the roof of a nearby hotel. One of them died. Another suffered permanent brain damage.

That is not an accident. That’s negligence. For a number of reasons, it should never have happened.

There are few governmental inspections or regulations for parasailing equipment, so patrons should take the time to research operators. Florida has roughly 240 statewide.

Before heading out, ask the following questions:
–How long as the company been in business?
–Is the company licensed?
–Does it exist in a well-established location?
–Is the boat captain a U.S. Coast Guard licensed captain?
–Is the current weather safe for sailing?
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Published on: April 6, 2013

Florida Spring Breakers Face Countless Dangers

By Dean Freeman

Few of those seeking a sunny respite from the monotony of college courses and part-time jobs consider that spring break has a host of potential dangers.

West Palm Beach injury lawyers have learned that our city was ranked 5th in the nation as the most dangerous spring break destination, according to a survey by Avvo.com.

Other Florida cities that made the list include Orlando (No.1), Daytona Beach (No. 2), Panama City (No. 8), Jacksonville (No. 9,), Miami (No. 10). Rounding out the top 20 were Fort Myers (No. 11), Fort Lauderdale (No. 13), Key West (No. 15) and Naples (No. 18).

All total, that’s half of the top 20. Part of that is simply because Florida is a primary spring break destination. The ratings were based on a number of variables, including risks of rapes, murders, fatal car crashes, drowning and overdoses.

A recent story by ABC News indicated that the greatest risk to spring breakers is binge drinking. It’s hard to separate this from other potential risks, but in and of itself, it can be deadly. Earlier this month, a 20-year-old from Michigan died while celebrating spring break in Panama City. An autopsy revealed alcohol poisoning was the cause of death.

Numerous studies have shown that binge drinking among teenagers and young adults is a major problem. It’s amplified though during spring break because it’s considered part of the experience. You’re SUPPOSED to get drunk and wild and crazy, and many vacationers feel an enormous amount of pressure to engage in that behavior just to fit in. But all too often, it can lead to serious illness, poor decision-making, and sadly, even death.

Binge drinking is described as the rapid consumption of four or five more drinks in a row. It can quickly lead to poisoning. Spring breakers should seek medical attention for a friend if he or she:
–Is unconscious;
–Has breathed less than eight times a minute;
–Has uncontrolled vomiting;
–Has skin that looks pale or blue-tinged;
–Is having seizures.

Never just assume someone can sleep it off. Better to be safe and make the phone call.

Another thing you want to avoid is wandering out alone or losing track of your friends. Especially if you’re drinking, you become a vulnerable target for both property crimes and violent crimes.

Avoid this by formulating a plan with your friends before you get to your destination for the night. Pick a location to meet in case you lose one another. Arrive with your friends and leave with your friends.

Also make it a point to keep an eye on your drinks. Drugs like Ketamine, GBH and Rohypnol are frequently used as date rape drugs that are slipped into drinks. Hold your drink the entire time. If you set it down or walk away from it, consider it gone. If you notice your drink tastes or looks funny, toss it and find your friends immediately.

Minimize your risk of theft crimes by keeping your valuables locked in a safe location. Don’t flash cash or valuables in public. Travel in packs to reduce your risk.
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Published on: April 4, 2013

South Florida Riptides Can Claim Lives on Spring Break

By Dean Freeman

While we welcome the spring breakers who flock to enjoy the warm respite and sandy beaches Florida offers, our Palm Beach County personal injury lawyers also want to make sure all of these vacationers make it back safely.

Sadly in recent years, there has been a spate of deaths attributed to ocean swimmers who drowned in powerful riptide currents.

Riptides are powerful currents of water that flow away from the shore. They can occur at any beach – including the great lakes – but they tend to be prevalent in Florida.

The U.S. Lifesaving Association reports that more than 100 people die each year due to riptides. About 80 percent of the rescues performed by beach lifeguards are attributed to riptides. Last year, the National Weather Service extended public warnings to beach goers after numerous deaths were reported in a single month.

Among those incidents:

A 14-year-old swimming with friends in New Smyrna Beach was swept away by a current. His body was recovered the following day. That same day at another beach in Volusia county, a 66-year-old man was caught in a riptide. Rescuers were able to reach him, but he lost consciousness as the rescue was taking place. He never recovered.

The weekend before that, a 42-year-old woman was killed while trying to rescue her daughter and the girl’s two friends who had been caught in a rip tide. The girl’s father was able to save the three youngsters, but her mother had lost consciousness by the time rescuers arrived. She died at a hospital several days later.

That same day in Pensacola, a 23-year-old man from Mississippi drowned after being caught in a riptide.

The counties of Palm Beach, Broward, Miami-Dade and Volusia frequently are at high risk for riptide currents.

They can sweep up even good swimmers, but non-swimmers or weak swimmers are particularly at risk. The primary reason people drown in riptides isn’t because they are dragged underwater, but rather because they are afraid, they panic and they quickly become exhausted (or they can’t swim well).

Panic is understandable, but it will do nothing to serve you in this situation. Do your best to stay calm.

Remember that riptides run horizontally and pull you away from shore. It’s best not to fight the current but to calmly tread water until you can get out of the current and/or draw attention to yourself by facing the shore, waving your hands and shouting.

Swimming at beaches with lifeguards can help to significantly reduce your risk. You can also check the weather reports to see whether the beach where you’re swimming is at risk.

If you can’t swim, don’t go too far into the water and don’t go alone. Same goes if you are intoxicated. You will have less mental stamina and physical energy to react if you are caught in a riptide.

If you are at the beach and you notice someone is in trouble, it is best not to go in yourself and try to save them. Many, many people have died this way. First, you should alert a lifeguard. If none is on duty, call 911. If you are able, throw them something that floats, which should increase their chances of survival by allowing them to stay above water until help can arrive.
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Published on: March 26, 2013

Drive It Home Encourages Parents To Help Teens Avoid Car Wrecks

By Dean Freeman

Car accidents are the leading cause of death for young drivers, and the National Highway Traffic Safety Administration indicates that drivers ages 16-19 are three times as likely to get hurt in a crash as compared with other drivers. In many cases, teens are more prone to accidents because they don’t know how to drive very well, are inexperienced or make bad choices to do unsafe things.

Our Fort Lauderdale car accident attorneys know that kids tend to mimic the driving behavior that they see from their parents. In fact, a study from the University of Michigan Transportation Research Center revealed that parents have a significant impact on how their kids drive.

With parent involvement making such a big difference, it should come as no surprise that research from the Allstate Foundation revealed that the majority of parents both regretted not monitoring their teen drivers better and regretted not spending more time teaching their kids to drive.

Parents Express Regret on Failing to Provide Safe Driving Guidance
According to the National Safety Council (NSC), the recent Allstate Foundation study revealed that:

Almost half of all parents responding to the survey wished that they had monitored their teenage driver more closely after the teen got a license.
More than half of teen drivers said they wish they had more driving time behind the wheel with their parents.
Two-thirds of parents wish they had spent more time teaching their teen driver how to drive effectively in high-risk situations.
Nine out of ten parents indicate that it is important for their teens to learn how to manage night time driving. However, one in three reported not covering this subject with their teen.
Around 30 percent of parents said they weren’t setting ground rules to prevent dangerous driving behaviors like night time driving or driving with too many other passengers in the car.
Most parents- around 75 percent- are not aware that driver inexperience is the leading cause of teen car wrecks. The majority incorrectly believe that risk taking is the major reason for auto accidents involving teens.
64 percent of parents said they were looking for resources and help in managing their teenager’s driving experience.

To help parents and kids get on the same page and to make it easier for parents to be effective in teaching their kids driving safety, The Allstate Foundation and the National Safety Council have now launched the Drive It Home Initiative.

The Initiative will help parents to better educate their teenagers on safe driving by providing parents with important educational resources. The NSC website has tips for parents about safe driving and there is a Drive It Home Show coming to multiple cities throughout the United States including Fort Myers Florida.

Hopefully, the efforts of Drive It Home can help to prevent deadly teen car accidents that put the teenager as well as other drivers and passengers in danger.
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Published on: March 21, 2013

South Florida Tourist Drowning a Tragic Reminder of Risks

By Dean Freeman

Most resorts and hotels have pools, as do amusement parks and many private residences. While pools can provide a great way to enjoy a summer afternoon and to cool off from the heat, our Florida swimming pool accident attorneys know that swimming pools can also be very dangerous, especially for children.

Unfortunately, a recent tragic accident at a Disney resort served as an important reminder of how devastating the consequences of a swimming pool accident can be. As the weather gets warmer and people go on vacation for the summer, everyone nationwide should look upon this tragic Disney accident as a wake-up call to focus on swimming pool safety.

The Drowning Accident
According to CNN, a Missouri family was visiting Disney’s Pop Century Resort this March when the tragic accident happened.

A 13-year-old boy from the family was playing in the swimming pool with several friends. Relatives were watching the boy and his friends jump in and out of the water but there were no lifeguards on duty at the swimming pool. Suddenly, however, the young boy did not surface from the swimming pool.

Although it was only a matter of minutes before someone noticed that he was submerged in the water, help came too late. CPR performed at the accident scene by two volunteer firefighters were not enough to save the boy. He was pulled out of the swimming pool during the Sunday incident, but he subsequently died on the following Tuesday morning.

It is still not clear exactly how or why the young boy drowned in the pool. Also unclear at this time is whether Disney will be liable for the wrongful death that occurred.

Drowning Injuries and Liability
Drowning is something that doesn’t just happen. As a water safety expert interviewed by CNN pointed out, there is always an incident that causes the drowning and the drowning can occur only in situations when someone is under the surface of the water and unable to rise or to call for help.

The process of active drowning starts after the swimmer has been under the water’s surface for between 20 and 30 seconds. Swimmers can be under for around a full minute holding their breath before damage starts to happen, but once the swimmer has been under without oxygen for 90 seconds or longer then there is no guarantee of full recovery even when rescue happens. One four or more minutes have passed, then recovery from the drowning is no longer possible and even a person who has been resuscitated will likely have suffered permanent brain damage.

With a minute of time before permanent damage is done, lifeguards may be able to save lives. However, there was no lifeguard on duty in this case.

While it is true that Disney did have a sign up indicating that swimmers entered the pool at their own risk, such signs do not automatically mean that the resort is not liable when injury occurs to their guests. Pool owners throughout Florida and in other resorts around the country routinely post such signs to try to escape lawsuits if someone gets hurt, but a negligent resort owner or a resort that puts its guests at risk in some way may still be held responsible when injury or death occurs.
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Published on: March 17, 2013

South Florida Boating Accidents Likely through Spring Break

By Dean Freeman

It’s spring break and we’re sure many of you will be hitting the water. It’s that perfect time to uncover the boat and spend the day along the coastline for sun, fun and some time away from school and work.

Unfortunately, Florida continues to be the most dangerous state for boating accidents. Year after year, we see far more boating accidents than any other state in the country. According to the most recent statistics from the Florida Fish and Wildlife Conservation Commission, there were close to 700 boating accidents reported in the state of Florida last year. Coming in at second was the state of California with about 400 accidents.

Our Fort Lauderdale accident attorneys understand that Florida has more registered vessels than any other state. In 2010, there were more than 914,000 registered watercraft in Florida. It’s no wonder we see so many accidents. It’s important that all boaters are properly trained before heading out. Knowledge is your best bet against these types of accidents.

Boating Accidents in Florida:

-Palm Beach: 58

-Miami-Dade: 74

-Broward: 41

Monroe County ranked in as the most dangerous, seeing more than 90 boating accidents in 2011.

If you’re heading out on the boat between 4:00 p.m. and 5:59 p.m., you might want to be extra careful. We saw more accidents during this time in 2011 than during any other time of the day.

So what are the most common causes of boating accidents?

-Collision with other vessels.

-Collisions with other objects.

-Passengers falling overboard.

-Flooded boats.

-Capsizing.

Officials with the Broward County Sheriff’s Office offer you some safe boating tips. Make sure you review these tips and share them with your crew before heading out on your next boating adventure.

-Make sure you complete a boaters’ education course.

-Get your boat inspected frequently. You can get it checked for free by U.S. Power Squadron volunteer organizations and the Coast Guard Auxiliary.

-Make sure that your boat has a working radio. Have it on at all times.

-Pack more gear than you think you need. Consider tagging along flares, batteries, a first-aid kid, drinking water and some sunscreen.

-Know how much your boat can hold. Never pack it over capacity.

-Make sure that all children under the age of 6 are wearing a Coast Guard-approved life jacket at all times.

Unfortunately, alcohol also plays a major role in the cause of boating accidents. A hot day on the water combined with the consumption of alcohol can be a deadly combination. The practice proves even deadlier when the boat operator is unaware that the same impaired driving laws apply to boats on the water as well as cars on the road.

Be safe out there and enjoy your spring break responsibly, whether you’re on dry land our out there in the big blue.
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Published on: March 13, 2013

Explosion Accidents Top Cause of Construction Worker Fatalities

By Dean Freeman

In a recent construction accident in Pompano Beach, a backhoe sliced a natural gas line. Traffic was detoured for hours because of it, according to the Sun Sentinel.

The construction accident happened just after 4:00 p.m. and right before rush hour on N. Federal Highway. A four-block section of the area was closed off until the gas leak was contained. It reopened around 8:00 p.m. when repair crews from TECO and firefighters were able to cap the gas leak.

Our Fort Lauderdale construction accident attorneys understand that construction workers face some serious risks for accidents. There are more on-the-job accidents experienced in the construction industry than any other industry out there. Some of the most serious risks for these kinds of accidents come from fire and explosion. These can lead to some of the most devastating and catastrophic injuries, and oftentimes result in permanent disability and even death.

According to the Bureau of Labor Statistics, there were close to 1,000 construction workers killed on the job in the U.S. in 2011. Many of these accidents, injuries and fatalities could be prevented with just a little more planning. It’s important not to rush just to meet a schedule or deadline demand. You need to step back, evaluate the work site and make sure that all of the proper and necessary safety precautions are being taken to protect you and your fellow coworkers.

In 2011, explosions and fires killed more than 140 workers in the U.S. These kinds of accidents account for close to 5 percent of all workplace fatalities for the year. It’s important for supervisors and workers to understand the causes of these kinds of accidents and work together to help to prevent them in the future.

Four Types of Injuries Associated with Explosions:

-Primary blast injuries. These kinds of injuries affect the lungs, ears and gastrointestinal tract.

-Secondary injuries. These are usually a result of workers being hit by flying objects projected from the blast. This can even happen when an explosion is strong enough to lift someone off the group and toss them into an object.

-Tertiary blast injuries. These are oftentimes caused by high-energy explosions. These injuries include crush injuries, burns and inhalation of toxic substances.

-Quaternary explosion injuries are all of the other injuries that occur as the result of an explosion.

These accidents and injuries can be prevented. It’s important that companies and workers understand the risks on their job site. It’s important to make sure that all chemicals are stored properly and that all underground wires and lines are mapped out before digging. All workers should be provided with the proper protective equipment and training. Remember that it’s your employer’s responsibility to make sure you’ve got all the tools you need to be safe on the job. Being aware and knowledgeable about these risks is the first, and most effective, step in protecting everyone on your job site.
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Published on: March 13, 2013

SaferProducts Keeping Consumers Away from Dangerous Products in South Florida

By Dean Freeman

Happy Birthday SaferProducts.gov! Over the last two years, the official website has posted close to 14,000 reports of consumer product safety concerns. This website is helping to keep Americans safe and away from dangerous products.

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death from thousands of types of consumer products under the agency’s jurisdiction. But these reports are no good if you’re not paying attention. Our Fort Lauderdale injury attorneys encourage residents to check the list of recalled products and to check it often. Many times, dangerous products make their way into our homes and we never even know about it.

To help to celebrate this 2-year birthday of this life-saving resource, we’re here to fill you in one some of the latest recalls. Review the information and share it with your friends and family members.

Break-Barrel Air Rifle Recalled by Soft Air USA:

This air gun has been recalled because officials have discovered that it can discharge even while the safety is engaged. This serves up a serious risk for the user and for anyone nearby. If you have this air gun, contact the company by calling (866) 763-8247 for information about a full refund.

Garlic Slicers Recalled by The Pampered Chef:

These slicers have been recalled by the CPSC because the blade on them can dislodge during use. There have already been nearly 25 reports of this happening. If you have this slicer, don’t risk injury. Contact the company by calling (877) 917-2433 to get information on a replacement product.

Mattresses Recalled By SlumberWorld:

These mattresses don’t meet federal safety criteria for the open-flame standard. Unfortunately, this poses a serious fire hazard to users. Involved in this recall are these model number mattresses: 829 First Edition, 1213 Limited Edition and the 1214 Limited Edition Deluxe or New Edition. If you have one of these mattresses in your home, call the company at (808) 421-3159 for a free repair.

Hello Kitty City Motor Scooters Recalled by Dynacraft:

These scooters can accelerate unexpectedly while in use. This can cause a rider to fall and suffer from some serious injuries. Model number 8801-03 falls under this recall, which is printed underneath the scooter’s center platform. There have already been close to 10 incident reports and three injury reports submitted to the company. If you have one of these scooters, stop using it immediately and contact the company at (800) 551-0032 for information on a free refund.
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