Florida Accident Attorney Blog

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

A Florida Turnpike road worker was killed early last week when he was struck by a dump truck at a construction site. The Fort Lauderdale highway accident occurred near the Commercial Boulevard exit ramp, where work to widen the road was taking place in the northbound lanes.

According to news reports, this fatal construction accident occurred around 3 a.m. on Tues. Dec. 8. Florida Highway Patrol reported that Arturo Moradiellos, 64, was working with the Community Asphalt Corp. construction crew. Moradiellos was standing in back of a dump truck when it backed up over him.

FHP reports that a preliminary investigation of this Florida Turnpike death showed that the backup alarm on the dump truck was working, but the victim failed to hear it. Alcohol did not appear to be a factor. The driver of the dump truck was part of the same road crew as his colleague who was killed.

Fort Lauderdale construction accident lawyers realize the dangers inherent in road construction work. Such projects often work overnight, in tight spaces, to minimize lane closures and traffic congestion for the thousands of commuters and vacationers who travel the Florida Turnpike daily.

Highway construction workers are also at risk of being struck by motor vehicles that swerve into the construction site. This fatal Fort Lauderdale, Florida highway accident remains under investigation.

Turnpike Construction Worker Killed On The Job
CBS4.com Dec. 8, 2009

FHP: Turnpike worker killed in accident
MiamiHerald.com Dec. 8, 2009

Related Web Resources

Federal Highway Administration: Work Zone Safety

National Work Zone Safety Information Clearinghouse

A Fort Myers, Florida traffic accident involving a school bus claimed the lives of two men last week. According to the Miami Herald, on the morning of Thurs. Dec. 3, Adrian Nunez-Romero, age 30, and Elfego Mercado-Quintana, age 28, were killed when their vehicle struck a school bus.

The Herald reported this was the area's second fatal accident involving a school bus in just more than a week, and at least the third schoolbus accident to happen that week.

On Mon. Nov. 30, another Ft Myers traffic accident sent a trainee school bus driver to the hospital with work-related injuries. No further details were available on these South Florida motor vehicle crashes involving schoolbuses.

Florida School Bus Safety
Fort Myers, Fla. truck accident lawyers are knowledgeable about safety regulations governing the operation of commercial motor vehicles, including school buses used to transport children and teenagers to and from school. School buses are also sometimes used to transport other non-school groups, such as senior citizens and church groups.

School bus safety is always a concern for Florida parents, as young children getting on and off the schoolbus may be more vulnerable to car and pedestrian accidents.

2 men killed in Fort Myers crash with school bus
Associated Press, Miami Herald Dec. 4, 2009

Related Web Resources

NHTSA School Bus Safety Program

School Bus Information Council

Florida Weekly published a report stating that Charlotte County and Lee County, Florida, are among the most dangerous places in the nation for motor vehicle / bicycle accidents and pedestrian accidents. The article states that, "Traveling without a motor vehicle here can be more dangerous than almost anywhere else in the United States...."

The author, who references Transportation for America's recently released "Dangerous by Design" traffic engineering report, quotes a number of Floridians involved in Southwest Florida pedestrian accidents as well as car and bike accidents.

The "Dangerous by Design" study examined safety issues on roadways that were designed for motor vehicles but not for other vehicles (such as bicycles) or walkers. Florida Weekly cites some sobering facts that emerged from the study...

> Of the 360 most dangerous places for cyclists and walkers in the U.S. -- Lee County, Florida, is no. 23.

> Though it's the safest urban place to walk in Southwest Florida, the Naples-Marco Island region is still twice as deadly for pedestrians when compared to the national average.

> Charlotte County, Florida is the most dangerous place in the state to travel on foot.

In their work with injured people and bereaved families, Fort Myers, Florida car accident lawyers witness the tragic results of what can happen when car, SUV, van, or truck accidents involve bicyclists or pedestrians.

The BikeWalkLee group seeks to make Lee County, Florida streets safer for those on bicycles or on foot by urging transportation planners to finish street construction with bike paths, sidewalks, and signage that promote safe travel for all. The group's website states that, "Florida is ranked #1 in the nation for both bicycle and pedestrian fatalities per capita in 2007." Florida pedestrian deaths caused by motor vehicle accidents amounted to 490 deaths in 2008 and 530 deaths in 2007 (National Highway Traffic Safety Administration, Traffic Safety Facts Florida 2004 - 2008).

Southwest Florida's Deadly Streets
FloridaWeekly.com Dec. 3, 2009

Related Web Resources

Transportation for America: Dangerous by Design

BikeWalkLee

Florida drivers should be aware of an ongoing large-scale defective auto product recall issued by Toyota/Lexus, which affects popular models including Camry, Avalon, Prius, and Tacoma vehicles manufactured between 2004 and 2010 (see link to advisory, below, for exact models and years). It is the largest product recall in Toyota's history affecting millions of vehicles.

The recall occurred following a highly publicized fatal car crash in California in August, where a 2009 Lexus reached speeds of 120 mph when the gas pedal became stuck in the open position. NHTSA attributed the problem to the accelerator pedal becoming snared by an ill-fitting removable floor mat. The family in the Lexus placed a frantic 911 call prior to crashing into an SUV, flipping and bursting into flames. The crash killed the vehicle's driver and occupants: an off-duty California highway patrol officer and three members of his family. The L.A. Times reported that the Lexus involved in the accident was a loaner car from the dealer, and that the floor mat was improperly installed.

Toyota has stated that it will change the length of the gas pedal and the shape of the floor underneath it to avoid future motor vehicle accidents. In addition, Toyota will replace any of its floor mats in the affected models with new floor mats. The Toyota newsroom issued instructions of what drivers should do to avoid a car accident if their gas pedals become stuck. However an investigation by ABC News reported up to 2,000 consumer reports of "runaway" Toyotas, leaving some safety experts and dealers to question whether the car manufacturer's planned solutions will fix the root problem.

A Florida auto product liability lawyer is familiar with laws and safety regulations put in place to protect consumers from being injured or killed due to automotive product defects. Defective tires is another area of motor vehicle safety concern that makes news headlines whenever a tire recall is issued.

NHTSA's SaferCar.gov website provides a searchable database for consumers to check for product recalls related to their vehicles or tires.

Toyota Announces Details of Remedy to Address Potential Accelerator Pedal Entrapment
Toyota Press Room Nov. 25, 2009

Toyota Recall Fails to Address 'Root Cause' of Many Sudden Acceleration Cases, Safety Expert Says
ABC News Investigation Revealed Over 2,000 Complaints of 'Runaway Toyotas'
ABCNEWS.com Nov. 25, 2009

New details in crash that prompted Toyota recall
L.A. Times Oct. 25, 2009

Related Web Resources

Toyota/Lexus Consumer Safety Advisory:
Potential Floor Mat Interference with Accelerator Pedal (Models & Years listed here)
Toyota Press Room Sept. 29, 2009

Toyota recalls 3.8 million vehicles
Potentially dangerous floor mats cited for company's largest U.S. recall
MSNBC.com Sept. 29, 2009