Florida Accident Attorney Blog

A day of kiteboarding off South Florida's Treasure Coast turned tragic as a 38-year-old man was reportedly killed in a shark attack, possibly involving multiple sharks.

The Martin County Sheriff's Office reported that a lifeguard saw a kite board surfer in trouble about 500 yards off shore near Stuart, Florida. The lifeguard, who paddled out to assist, found Stephen Howard Schafer on his board bleeding and surrounded by sharks. The victim was brought to an area hospital but died of his injuries.

Stuart, Florida is in Martin County south of Fort Pierce and north of West Palm Beach, in the Port St. Lucie, Florida Metropolitan Statistical Area.

Kiteboard surfers strap their feet to a board and are pulled along the water by a sail. Like traditional surfing, it's a form of water recreation enjoyed by adventurous people who appreciate Florida's sun, sand, and surf. A Palm Beach County, Florida accident lawyer is aware that any type of water sports recreation comes with some risk of injury or even death. This includes boat accidents, personal watercraft accidents, surfing accidents, and parasailing accidents.

A Miami, Florida newspaper reported that the beach in Stuart remained open after the fatal shark attack. The last fatal shark attack in the Sunshine State occurred off the Florida Panhandle in 2005. It is unknown at this time what type of sharks were involved in this fatal attack near Stuart, Florida.

Kiteboarder dies in rare fatal shark attack off Florida
Associated Press, Miami Herald Feb. 4, 2010

Lifeguard describes rescue of shark attack victim
Associated Press, Yahoo! News Feb. 4, 2010

Related Web Resources

Florida Museum of Natural History: How to Avoid a Shark Attack

International Shark Attack File

Wikipedia: Kitesurfing

Martin County Florida

Florida motorists who own a Camry, RAV4, Avalon, or any other number of popular Toyota cars, trucks, and SUVs may have reason to be concerned as to whether they are safe to drive.

Toyota, which has prided itself as an industry leader in building safe, reliable cars, has expanded its safety recall of millions of vehicles. They've also done what no other auto manufacturer has ever done before -- stopped production and sales while they try to identify the source of a suspected automotive defect that could lead to deadly traffic accidents on Florida and U.S. roads and highways. Six factories so far are involved in the shutdown.

Problems for Toyota made the news last year when in November, the National Highway Traffic Safety Administration (NHTSA) announced that the auto maker had a fix for a problem with the gas pedal becoming entrapped by floor mats on some models. The serious safety issue came to light after fatal car crashes were attributed to the accelerator getting stuck and motorists being unable to stop their out-of-control, speeding vehicles (see previous blog entry, Florida Driving Alert: Toyota Lexus Issues Safety Advisory After Fatal Car Accident Involving Floor Mats).

However, Toyota has now expanded the recall in the U.S. and to Europe and has stopped production and sale of vehicles that may have the potential for the same deadly problem. It is unclear what repairs or redesign Toyota will come up with to permanently fix the problem. The Associated Press reports that Toyota learned about an accelerator problem for the Tundra in March 2007; concerns about truck accidents arose when owners reported the gas pedal was slow to rise when they tried to slow down.

Fort Lauderdale car accident lawyers follow automotive safety recalls closely, as they involve auto manufacturer product liability and Florida driver safety. We have not heard the last in this historic automotive recall and production and sales stoppage -- as Toyota works to identify and fix the source of the problem, dealers stand by idle with showrooms and lots full of cars, and consumers wonder what to do with vehicles that they thought were safe to drive. Car and Driver reported that owners of affected cars may be able to ask for and obtain loaner vehicles (see link below), though to date, Toyota had not issued a mandate for dealers to loan out other cars.

Toyota recalls additional 1.09M vehicles in US
Associated Press, MiamiHerald.com Jan. 28, 2010

Background: Toyota Announces Fix for Accelerator Pedal Entrapment Problem
NHTSA Press Release Nov. 25, 2009

Related Web Resources

Frequently Asked Questions For Sticking Accelerator Pedal Recall and Suspension of Sales
Toyota Press Room Jan. 2010

List of Recalled Toyota Models
NHTSA Office of Defects Investigation Jan. 28, 2010

How To: Safely Drive a Recalled Toyota (Or Score a Loaner)
Car and Driver Jan. 27, 2010

Toyota recall Q & A: What to do if your car suddenly accelerates
Los Angeles Times Jan. 28, 2010

An Illinois resident originally from North Fort Myers, Florida was sentenced to 2 years in prison following a pedestrian car accident that left a Cape Coral boy with serious injuries.

According to news reports, three-year old Gage Root suffered several broken bones and other serious injuries in Oct. of 2008, when he jumped out of a child's wagon being pulled by his aunt and ran across a construction site on Del Prado Blvd near Kismet Pkway. The boy was struck and dragged by a vehicle that did not stop at the accident scene. Police identified the maroon Lincoln involved in the Florida hit-and-run crash as belonging to Kenneth W. Upmann, 43.

News reports state that Upmann had left Florida during the police investigation, but tips led authorities to his location in Warren, Illinois. He was extradited back to Florida. Last week, a Lee Circuit Court judge gave Upmann a plea deal of two years in prison and three years probation.

Fort Myers pedestrian accident lawyers follow cases such as this where people out for a walk in Florida are seriously injured or killed by hit and run drivers.

Construction zone accidents are unfortunately not all that uncommon. Safety advocates advise pedestrians, motorists, police, flaggers and road workers at construction sites to use extra caution to avoid car-pedestrian accidents.

(See related blog entry Report Sheds Light on South Florida Highway Construction Zone Accidents & Deaths).

Man accused of running over Cape Coral boy strikes plea deal
News-Press.com Jan. 14, 2010

Suspect in Hit-and-Run Accident from October Arrested in Illinois
CapeCoral.net May 8, 2009

A research paper to be published in 2010 by the American Journal of Obstetrics & Gynecology finds that "cesarean delivery was associated with decreased odds of all birth trauma...due to decreased odds of clavicle fractures..., brachial plexus..., and scalp injuries..." as compared to infants who were delivered through the vaginal canal. The paper (in press) was originally presented in at the District IV Meeting of the American College of Obstetricians and Gynecologists in Orlando, Florida, in Sept. 2008.

Brachial plexus injury and Erbs Palsy are paralyzing conditions that can arise when medical mistakes are made during child birth.

Along with shoulder dystocia, these types of birth injuries can occur during a difficult delivery process, for example when the infant's shoulder gets "stuck" -- resulting in nerve damage that can affect mobility and usage of the shoulders, arms, and hands.

Florida Erbs Palsy lawyers are versed in the medical liability, malpractice, and negligence issues surrounding these types of debilitating birthing injuries. Responsible doctors are aware of a patient's medical history and communicate with the mother about her birthing options, particularly when vaginal birth may cause difficulties (e.g., in overweight women or those who have experienced difficult vaginal births in the past).

The miracle of childbirth always comes with risks. The new journal article concludes that, "Infants delivered by cesarean are at risk for different types of birth trauma from infants delivered vaginally." A brachial plexus injury attorney who has worked with Florida families and injured children knows that mothers should be informed by their doctors and obstetricians of their risks and options prior to actually delivering their babies.

Route of delivery and neonatal birth trauma (Abstract -- Article In Press)
American Journal of Obstetrics & Gynecology Jan. 15, 2010

Citation: Moczygemba CK, Paramsothy P, Meikle S, et al. Route of delivery and neonatal birth trauma. Am J Obstet Gynecol 2010;202:x.ex-x.ex.

Related Web Resources

CDC: Reproductive Health

United Brachial Plexus Network

Floridians should check their medicine cabinets, handbags, desk drawers -- anywhere they might keep a bottle of Tylenol, a pack of Rolaids, or any number of other popular over-the-counter (OTC) medications. Manufacturer Johnson & Johnson has issued a large-scale product recall due to a musty smell that has sickened some consumers.

The December Tylenol drug recall was issued after consumers complained of a moldy smell coming from the product, causing nausea and other gastro-intestinal distress. The odor has been linked to a chemical used to treat wooden palettes used in product storage. This month, Johnson & Johnson expanded the recall to include other products including St. Joseph's Aspirin, Benadryl, Motrin and Rolaids. See link below to Product Recall List where consumers can search for their products' lot numbers.

Broward County, Florida defective product lawyers follow cases such as this one closely, when OTC medications or prescription drug recalls make the news due to people becoming sick, experiencing severe side-effects, or in some cases, suffering wrongful death (e.g., manufacturer Merck pulled its arthritis drug Vioxx from the market in 2004 after the drug was connected to heart attacks, a fatal skin disease, and serious intestinal problems).

The U.S. Consumer Product Safety Commission (CPSC) and the U.S. Food and Drug Administration (FDA) monitor product liability issues such as the Tylenol case, to protect consumer health and well being. The FDA posts a public list of medical product recalls on its website (see link below), including recalled drugs and medical equipment.

Tylenol recall expanded to Motrin, Benadryl, more
USAToday.com Jan. 18, 2010

McNeil Product Recall Press Release

Related Web Resources

McNeil Product Recall List

FDA 2010 Safety Alerts for Human Medical Products

This past week has been particularly dangerous and deadly on Fort Myers, Florida, area roads and highways. Florida Highway Patrol and news sources reported the following traffic accidents:

• On Tuesday, a car accident with a school bus occurred in Fort Myers Shores at Parkview and 5th Street, injuring three students and the bus driver. The driver of the motor vehicle that struck the schoolbus faces charges.
• On Monday, Nicholas Contessa, age 58, of Fort Myers, Florida, was killed on I-75 when he lost control of his vehicle following a tire blowout accident. The victim's car was the only vehicle involved in this fatal Florida highway rollover accident.
• Last Friday, a pedestrian was killed in North Fort Myers, Florida, in a hit-and-run accident on West North Shore Ave and Business 41; police were seeking the driver of a white van.

Fort Myers, Florida car accident lawyers may be consulted in cases where negligent or reckless driving may have contributed to serious traffic accidents resulting in injury or death.

Accident in Fort Myers Shores injures four
NBC-2.com Jan. 12, 2010

Victim in fatal Fort Myers I-75 crash identified
NewsPress.com Jan. 11, 2010

One person dead in North Fort Myers accident
NBC-2.com Jan. 8, 20108

Anyone who has driven on South Florida's interstates and highways knows the going can be risky, particularly during heavy commuter traffic and at night -- where the combination of speed and volume can lead to accidents. Now, The New York Times has done a report highlighting how highway construction zones pose additional hazards that can cause both serious Florida traffic accidents and motorist and construction worker injury or death.

According to the report, highway construction zone accidents are sometimes caused by driver error, with speed, driving under the influence, and other forms of reckless driving to blame. Highway construction sites often involve lane reductions, cones, concrete barriers, and other unexpected obstacles -- as well as construction workers in or near the road and construction equipment. Drivers who fail to safely slow down and move over or negotiate a highway construction site can cause serious and fatal accidents involving motorists, police on detail, and the construction workers themselves.

The report also points to highway construction company liability, citing a 2007 crash in Sarasota, Florida, where a "rolling roadblock" for work being done on Interstate 75 resulted in 10 people injured and 2 motorists killed in a single night. The report discusses how highway construction sites are managed, how traffic is flowed around them, and the actual road conditions created during highway construction. All can cause hazards that can be deadly if a car or truck accident occurs in the construction zone.

Florida highway traffic accident lawyers are knowledgeable about driving laws and safety regulations designed to keep motorists, construction workers, law enforcement, and emergency personnel safe on Florida's highways.

Fatal Florida I-95 Construction Zone Accident Investigation Continues
Barely a week after The Times report was published, a four-car crash occurred on Florida I-95 at a highway construction site that left James Toles IV, 19, of Savannah, Georgia, dead and Michael Jones, 18, of Macon, Georgia, seriously injured. Four others were hospitalized. Florida Highway Patrol stated that conditions in the construction zone did not cause the crash, though it appears some victims got outside their vehicles and were struck by other vehicles that came upon the crash scene. The initial crash involved two vehicles including a Saturn that ended up straddling a concrete barrier. The investigation into the accident continues.

Efforts Lag to Improve Safety at Work Zones
NewYorkTimes.com Dec. 22, 2009

Danger in the cone zone
Inadequate review of road construction increases risks
HeraldTribune.com Dec. 26, 2009

Deadly I-95 wreck probe continues
Florida Today Dec. 30, 2009

A teenage boy is recovering from a New Year's Eve single-car rollover traffic accident in Plantation, Florida, that claimed the lives of two of his teenage friends.

According to the Sun Sentinel, Plantation Police reported that the fatal car crash happened on New Year's Eve around 8 p.m. on Sunrise Blvd. A black Hyundai was traveling west at a high rate of speed when the driver lost control and struck a brick sign. CBS4 News reported that the sign was at the Plantation Technology Park complex.

Eighteen-year-old David Naboretti from Lauderdale Lakes, Florida, was able to escape the wreckage. He was transported to Broward General Medical Center for treatment. His friends, 18-year-old Ledaaron Sweeting, of North Lauderdale, and 17-year-old John F. Smith, also of Lauderdale Lakes, were pronounced dead at the scene.

Plantation, Florida, auto accident lawyers may be consulted by families who have questions about liability in single-car accidents where death or injury to drivers, passengers, and pedestrians have occurred.

The name of the driver of the car in this fatal South Florida traffic accident has not been released. Police are investigating whether drugs and/or alcohol played a factor leading up to the holiday crash.

Teen recovering from New Year's Eve wreck
Sun-Sentinel.com Jan. 3, 2010

Car Crashes Into Sign In Plantation, Two Men Die
CBS4.com Dec. 31, 2009

Related Web Resources

Teen Driving: Drive with Care
2009 Florida Department of Highway Safety and Motor Vehicles

Teen Crashes: Everyone Is at Risk (PDF doc)
AAA Foundation Report 2009

Capoera Construction of Florida is among four companies being fined by OSHA in connection with a fatal construction accident in Texas last summer that claimed three workers' lives.

According to news reports, on June 10, a scaffolding collapse occurred at the 21 Rio Apartment Complex construction site in Austin, Texas, and three construction workers fell to their deaths. A candlelight vigil was held this month to remember the fallen workers and to bring light to the issue of construction worker safety, construction company liability, and preventing work-related accidents.

OSHA cited Florida-based Capoera Construction with serious violations including "failing to provide a competent person to inspect the scaffold prior to use." The other companies cited by OSHA for safety violations in the construction worker deaths are Andres Construction Services, Greater Metroplex Interiors, and Mast Climber Manufacturing. In total, all companies may face up to $160,000 in fines and other penalties.

South Florida construction accident lawyers know the dangers workers face when they go to work building, repairing, and renovating homes and commercial buildings. OSHA -- the United States Department of Labor, Occupational Safety & Health Administration -- has guidelines and regulations in place to keep construction workers safe from injury or death.

Florida has a significant Latino and Hispanic population, with many Spanish-speaking workers employed by the construction industry (and related building and maintenance industries such as landscaping and housekeeping). Florida Spanish speaking injury lawyers may assist with cases where Latino or Hispanic construction workers are injured or killed in the course of their jobs, possibly entitling them to Florida Workers Compensation benefits and/or other compensation and damages. OSHA reports that nationally, more than 5,000 workers were fatality injured on the job in 2008.

OSHA issues citations, proposed penalties in construction accident
KVUE.com Dec. 16, 2009

Related Web Resources

Workers Defense Project

OSHA Homepage

OSHA En Espanol

Florida consumers should be wary of any toys purchased or received as holiday presents that may pose safety hazards to children. The U.S. Federation of State Public Interest Research Groups (US PIRG) has published the 24th Trouble in Toyland report and interactive website that allows parents to search for toys that may cause personal injury to children (see links to resources below).

In addition to monitoring child product liability recalls posted by the U.S. Consumer Product Safety Commission (CPSC), the US PIRG lists toys still on store shelves that could pose danger to children. The group's website states that toys on their list may pose choking hazards, emit overly loud sounds, or contain potentially toxic chemicals.

Fort Lauderdale, Florida product liability lawyers keep up-to-date on recalls including toys and other products that could be harmful to children. In addition to toys being recalled for safety hazards in 2009, a number of other child product related recalls made headlines:

> The Dorel Juvenile Group recalled 447,000 infant car seat carriers with the Disney and Eddie Bauer logos, due to risk of the seat carrying handles breaking.

> The Consumer Product Safety Commission renewed its recall of Simplicity Drop Side Cribs (first recalled in 2007) after another child death occurred, bringing the total to 11 child deaths. The 2009 recall states that babies may suffocate if they become trapped by the sides of the crib, which drop down to allow access.

> In a related drug product recall, Proctor & Gamble recalled 700,000 packages of Vicks Dayquil Gel Caps because the packaging was not child proof.

Baby car seat carriers recalled
Gainsville.com Dec. 19, 2009

CPSC: Simplicity Drop Side Cribs Recalled by Retailers Due to Risk of Death from Suffocation
CPSC.gov July 2009

Vicks Dayquil recalled because packaging isn't child-proof
CNN.com Dec. 18, 2009

Related Web Resources

U.S. PIRG websites:

Toy Safety homepage

Toy Safety database and unsafe toys 2009 list

Consumer Product Safety Commission child product recalls

A CBS News investigation revealed that China may not be the only country that has manufactured defective drywall construction products, which have made hundreds of Floridians and other homeowners in southern states sick -- and left their homes in shambles. Some have even abandonned their homes, which they feel are no longer safe or fit to live in.

Chinese drywall manufacturers have been under scrutiny since earlier this year, when homeowners in communities such as West Palm Beach, Florida, began noticing foul-smelling fumes emitting from their walls. (See related blog item from April '09, South Florida Construction Product Liability: Faulty Chinese Drywall to Be Tested.

The CBS report, released last month, asserts that some U.S. companies may also be responsible for manufacturing faulty dry wall that crumbles and gives off noxious, foul-smelling, sickening fumes. The defective product also causes electrical wiring to corrode. To add insult to injury, some home owners are reporting that their insurance companies are not only denying their claims for damage caused by the faulty drywall, but they are cancelling their homeowners' policies. And because scam artists like to prey on people in desperate circumstances, the Federal Trade Commission issued an alert in Dec. warning homeowners against fraudulent offers of faulty drywall tests (see link below).

A number of lawsuits have been filed on behalf of homeowners against American construction product manufacturers, including Georgia Pacific and National Gypsum.

Florida product liability lawyers are familiar with laws and regulations as they relate to the manufacture of construction products such as drywall used to build homes. Drywall became popular in the 1950s as an inexpensive and lightweight construction material, used as an alternative to plaster for framing walls.

Beware of Bogus Tests, Inspections, and Fixes for Damaged Drywall
Federal Trade Commission, Dec. 11, 2009

Homeowners Charge U.S. Made Toxic Drywall
CBSNews.com Nov. 23, 2009

Related Web Resources

U.S. Consumer Product Safety Commission: Drywall Information Center

Florida Dept. of Public Health: Dry Wall

The Associated Press reported that some 300 guests at a luxury Miami, Florida hotel have been evacuated following the death of one guest who is believed to have contracted Legionnaire's disease from drinking city-supplied water. Two other guests reportedly became ill.

The Miami Herald reported that on Sunday, guests of the EPIC Hotel were relocated to other nearby facilities to avoid any further spread of what is believe to be Legionnaires' Disease -- also known as Legionellosis and Pontiac Fever. According to the CDC website, Legionnaires' Disease is associated with travel and may occur in hotels or on cruise ships.

Miami, Florida premises liability lawyers are well versed in safety regulations in place to protect hotel guests such as tourists and conference attendees from harm, illness, or personal injury, while staying at or visiting a commercial establishment.

The Miami Herald reported that the Epic Hotel had a water filtration system designed to reduce chlorine in the water, which may have allowed bacteria to grow. The tourist who died from Legionnaire's Disease was European and had stayed at the hotel in September before embarking on a cruise, only to be rushed back to the hospital, where he died. Two other European visitors contracted the disease in November.

The Miami-Dade County Health Department and state officials are investigating. The Herald reported county officials as stating that no action was taken until this month due to "inefficient international communication channels." The Epic hotel was determined to be the common element between the tourist who died and the other two who became sick.

300 hotel guests relocated after bacteria kills 1
Associated Press, Yahoo! News Dec. 14, 2009

Tourist killed by hotel water
MiamiHerald.com Dec. 13, 2009

Related Web Resources

Epic Hotel

Centers for Disease Control and Prevention (CDC):
Legionellosis Resource Site

Miami Dade Health Department