Florida Accident Attorney Blog

Discount retail club giant Costco has failed in its efforts to move a slip and fall injury lawsuit from the state of New York, where the accident victim resides, to Florida where the accident occurred.

News reports state that the slip and fall accident took place at a Costco store in North Miami, Florida, in 2009, when an elderly patron allegedly slipped on a beverage that was spilled on the floor. The accident victim sued Costco in her city of residence, Brooklyn, NY, stating that the fall caused her multiple injuries including spine and shoulder injury, requiring treatment by chiropractor.

Defendant Costco sought to move the slip / fall injury case to Florida, stating that it would be difficult to defend itself in New York (as store employees from Florida may need to be flown to New York for interviews etc.). However the New York State Supreme Court has denied Costco's request to move the case to Florida.

Miami, Florida slip and fall injury lawyers know that supermarkets, department stores, and other retailers may be held liable if a patron slips, trips, falls and gets injured. When a slip-fall injury occurs in a public establishment in Fla., it's best to consult an experienced personal injury attorney to advise you on your rights and whether you may have a case.

Wet floors that have not been cleaned up promptly are a common cause of patrons slipping, falling and injuring themselves in stores, hotels, restaurants, and other Florida establishments. The property owner is required to keep the premises in reasonably safe condition, and to alert patrons if and when a portion of the property is under construction or otherwise hazardous. Slip/trip/fall injuries can range from cuts and bruises to broken bones to head, neck and spine injuries, which can be quite serious, even fatal.

However there is a burden of proof in Florida regarding slip and fall injury cases in regards to premises liability and negligence. Effective July 1, 2010, Florida Statute 768.0755, titled "Premises liability for transitory foreign substances in a business establishment," states that: "If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it…."

This is why if you slip, trip and fall in a store or other public establishment in Florida and get hurt, it is always best to (1) Seek medical attention right away and document your injuries and (2) Get advice from an experienced Florida slip & fall injury attorney.

Related Miami, Florida Accident Attorney Articles:

Slip, Trip or Fall Accidents in Florida : Not All Cases Are the Same

Defendants Settle for $400,000 After Woman Injured in Fall Accident; Slipped on Wet Bathroom Floor in Florida Restaurant Hotel Chain

Juror Key to $505,000 Award in Florida Supermarket Slip-and-Fall Injury Case

Sources:

Costco can't move "I slipped on a slurpee" lawsuit
Reuters in SunSentinel.com Aug. 25, 2011

The 2011 Florida Statutes: Statute no. 768.0755
Premises liability for transitory foreign substances in a business establishment

As part of National Safety Month, the National Safety Council (NSC) declared June 19 - 25, 2011 as "Prevent Slips, Trips, and Falls" week. The NSC reports that falls cause an astonishing number of accident injuries in the United States, leading to 8.6 million visits to hospital emergency rooms.

As an experienced Fort Lauderdale, Florida slip and fall accident injury lawyer knows all too well, slip / trip / fall accidents -- whether they occur on a flat wet surface (such as in a supermarket, restaurant, or hotel or public restroom), a dry surface that may have obstructions or other walking hazards (such as broken concrete or stairs), or slip-and-fall accidents that occur from a height or elevation (such as scaffolding, ladder, roof, and other Fla. construction accident falls) -- are a leading cause of broken bones; head, neck and spine injuries; and other serious personal injuries and fatality.

Slip and fall accidents in Fort Lauderdale, West Palm Beach, Miami and other South Florida communities can cause serious injury and even death to our beloved senior citizens, many of whom are living in Florida nursing homes (where neglect or poor housekeeping and care can lead to seniors falling). The NSC reports that people over age 65 are four times more likely to suffer a death from a fall accident than any other age group. Some statistics related to older adults and the severity of fall injuries:

> The Centers for Disease Control (CDC) estimates that in the year 2000, the total direct cost of all fall injuries for people 65 and older exceeded $19 billion.

> The NSC reports that falls are the leading cause of injury-related deaths among adults aged 73 and older and the second leading cause of death for older adults ages 60 to 72.

> The U.S. Consumer Product Safety Commission (CPSC) reports that common scenarios where senior slip and fall accident injuries may occur include falling on stairs (either going down or up the stairs), falling over obstacles including electrical cords and loose carpet and rugs, and other obstacles on the floor; falling off step stools and ladders.

> For the year 2000, the CPSC reports more than 3,300 product-related deaths for people ages 65 and older (though the CPSC says the actual number of seniors who die from falls is most likely much higher, as "CPSC buys and reports only deaths that have a product identified.")

> Fall injuries are increasing for all age groups, reports the CPSC. From 1997 through 2002, the total number of consumer product hospital emergency room-treated injuries for people ages 65 and older increased by 21%, and for other adults (ages 20 to 64) the increase was 15 percent.

From the perspective of Broward County, Florida personal injury attorneys, slip-and-fall accidents may have premises liability issues. It's best to consult an experienced slip and fall injury lawyer if you or a loved one have been injured in a fall in Fla. that occurred in a public or retail space, hospital or nursing home, during the course of construction or other work, or on someone else's property.

Sources:

National Safety Council:

Preventing Slips, Trips and Falls

Protecting Ourselves from Slips, Trips and Falls

CDC Injury Center:
Costs of Falls Among Older Adults

U.S. Consumer Product Safety Commission:
SPECIAL REPORT: Emergency Room Injuries Adults 65 and Older (PDF)

A Miami newspaper reports that a Florida homebuilder has settled a class action lawsuit for $1.2 million, which will be awarded to homeowners who are living on or near a former WWII bombing range.

According to an Associated Press story in the Miami Herald, Florida homeowners in a southeast Orlando, Fla. subdivision sued the homebuilder, after learning that their homes were built on or near the Pinecastle Jeep Range. The Florida homeowners in this lawsuit claimed that they were never informed of the homes' proximity to the bombing ranges; and that their home values declined after live bombs and munitions were discovered in their area. The settlement will reportedly be divided amongst 118 homeowners.

A Palm Beach County, Florida construction liability lawyer is familiar with laws surrounding Fla. homebuilding and consumer safety.

Lawsuits such as this one can be very complex, given issues surrounding liability and the construction, homebuilding, and real estate industries. As part of the settlement, the builder in this Florida lawsuit reportedly did not admit to liability or wrongdoing.

The U.S. Environmental Protection Agency (EPA) states that "millions of acres of former munitions ranges were transferred from the military to be used for other purposes" -- and that unexploded ordnances and munions continued to pose health and safety hazards to the American public. CNN reported in 2008 that the U.S. Army Corps of Engineers had launched a cleanup effort to the Orlando, Florida neighborhood cited in the lawsuit.

Bombing range lawsuit settled for $1.2 million
MiamiHerald.com Feb. 17, 2011

Live Bombs Haunt Orlando Neighborhood
CNN.com June 30, 2008

Related Web Resource

Military Munitions/Unexploded Ordnance
United State Environmental Protection Agency

UPI and other media reports that a family from Calif. has filed an injury lawsuit after their child received burns from eating hot nacho cheese at Disney World theme park in Orlando, Florida.

According to news reports, the child, age 4, was burned on the face while eating nachos with hot cheese at Disney World. The lawsuit filed in a California court holds Walt Disney Parks and Resorts responsible for the child's injuries that were incurred in Florida. A Disney spokesperson reportedly said they are reviewing the specifics of the lawsuit.

When a child or other family member is injured while on vacation in Florida -- whether at a hotel, restaurant, beach resort, or other recreational facility -- they may consult an experienced Fort Lauderdale, Florida premises liability lawyer to see if they have a legitimate case or claim.

A premises liability lawsuit in Florida can be complicated, so it is best to consult an experienced Fla. injury attorney as soon as possible, after the accident has occurred.

A Florida vacation is normally an exciting, relaxing time for the whole family. However accidents can happen -- while on a cruise, parasailing, boating, swimming -- or even while just shopping or eating out at a Florida restaurant. Experienced South Florida injury attorneys have legal insight regarding whether negligence on the part of the property owner or premises management may have contributed to the person's injuries.

Related Florida Injury Attorney Articles:

Florida Cruise Ship Accidents and Injuries Can Happen -- at Sea or in Ports of Call

Defendant in Florida Restaurant Slip and Fall Injury Case Settles for $400K

Florida Parasailing Bill Aims to Prevent Deadly Parasail Accidents

Sources:

Disney sued for child's nacho cheese burns
UPI.com Feb. 11, 2011

Nacho Lawsuit: Parents Sue Disney Over Hot Cheese Incident
LAist.com Feb. 13, 2011

A senior citizen who suffered an accidental fall while at working at a North Carolina Walmart store has died from his injuries. According to media reports, the 72-year-old department store associate had been working on a rack when he attempted to descend a ladder. The man reportedly missed the ladder and fell to the concrete floor below. The employee, whose name has not been released, died of his injuries. The North Carolina Department of Labor is investigating this fatal work accident.

Falling from a ladder or higher elevation is one of the most common types of work-related accidents causing injury, disability, and death -- including construction accidents. However, as this case illustrates, one need not be a roofer, builder, or utility worker to suffer a serious or deadly work fall from a ladder or higher elevation; any job involving climbing and ladder work can be hazardous.

In addition, slip and fall accidents are a major cause of bone breaks, head injury, and other serious and sometime fatal injuries among the elder population. As more senior citizens -- including those here in Florida -- put off retirement or take part-time jobs to keep financially afloat, they too are at risk of work-related falls and other work accidents.

A South Florida fall accident injury lawyer may be consulted by families of injured or deceased Fla. workers to help determine whether employer liability, premises liability, or other third-party negligence may have contributed to a work accident causing injury or death. Florida Workers compensation claims may be filed in cases where a worker has been injured as the result of falling from a ladder or higher elevation on the job.

Employee Dies After Falling At Walmart, Labor Department Investigating
WFMY News 2 April 30, 2010

Related Web Resources

From the CDC / National Institute for Occupational Safety and Health (NIOSH):

Preventing Construction Falls

Fatal Falls from Elevations (PDF)

Florida news media report that the Friday night death of a promising high school football star who fell over a hotel balcony rail was the second such fatal fall accident to occur in the past two weeks of Spring Break.

Police in Panama City Beach, Florida reported that Matthew James of Ohio, who had been recruited to play for Notre Dame, was on the balcony of a Days Inn hotel with several friends when he reportedly went over the rail and fell to his death. Witnesses told police that James may have been leaning over the railing and arguing with another hotel guest on another balcony before the accident occurred. While the investigation remains ongoing, police believe alcohol may have been involved in James' death.

The Centers for Disease Control and Prevention (CDC) notes that unintentional injuries is the leading cause of death for young people under age 30. The CDC lists a number of potential hazards to teens' and college students' safety during spring break in Florida and other vacation destinations, particularly when alcohol is involved. These include drunk driving accidents, sexually transmitted diseases, acts of violence, swimming pool accidents, and other causes of injury and drowning death including boating accidents and personal watercraft accidents.

Spring Breaker Death-Update
WJHG.com April 3, 2010

Matt James, Notre Dame Recruit, Dies in Fall From Hotel Balcony
SportsIllustrated.com April 3, 2010

Related Web Resource

CDC: Spring Break Health and Safety Tips

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

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

The U.S. Dept. of Labor, Bureau of Labor Statistics (BLS) reported that the national rates of fatal work injuries are down, including in Florida. Preliminary data released for The National Census of Fatal Occupational Injuries showed that 5,071 work injury fatalities were reported in the United States in 2008 -- down from 5,657 work deaths reported in 2007.

Florida work related deaths declined from 363 in 2007 to 290 in 2008. Of those deaths,

107 were due to transportation accidents
56 were caused by assaults and violent acts
41 resulted from "contact with objects and equipment"
Fall accidents caused 39 deaths
Exposure to harmful substances or environments caused 38 workers to perish
6 workers died in fires or explosions

Nationally, construction accidents causing death declined by 20 percent, in the private construction sector, and fatal falls were down. However rates of workplace suicides rose by 28% (though workplace homicides decreased), and fatal workplace injuries in the forestry, farming, and fishing industries also saw an increase. The BLS will release the final statistics in April 2010.

The National Census of Fatal Occupational Injuries in 2008 (PDF file)
U.S. Department of Labor, Bureau of Labor Statistics, Aug. 20, 2009

Related Web Resources

Census of Fatal Occupational Injuries (CFOI): Current and Revised Data

Florida Safety Council: OSHA Training

Florida Atlantic University: Institute for Design and Construction: Safety Science

A study published in the journal Ergonomics found that people who work in hospitals are far more likely to lose work time and file Workers Compensation claims due to slip/trip/fall injuries than people in other private industry sectors.

The 10-year study -- which took place between 1996 - 2005, and whose authors were affiliated with the CDC, NIOSH, and health care facilities in the U.S. and Finland -- reported that lost workdays for hospital employees who had suffered slip-trip and fall injuries amounted to 35.2 per 10,000 full-time equivalents (FTE). That statistic is 75 percent greater than the average for all other private industries combined (which is 20.2 per 10,000 FTEs).

Causes of Slip, Trip, and Fall Accidents and Injuries
Hospitals, of all places, should be safe for both staff and patients. However, just like other establishments such as restaurants and hotels, hospitals can be prone to the same safety hazards that cause people to slip or trip and fall and get hurt -- wet floors and slick or slippery spots being the most common cause, along with obstacles on the floor or in walkways, loose or nonexistent handrails, and damaged flooring and stairs/steps.

Florida slip, trip and fall lawyers are sometimes consulted by individuals and families who suffer broken bones or other serious injuries as a result of slipping and falling while on the property of a commercial establishment. Premises liability may be an issue in some of those cases.

The Ergonomics study revealed that housekeepers, food services staff, and transport and EMS staff were at highest risk of suffering personal injury in a slip/trip/fall accident. The study went on to make recommendations for broad-based prevention programs for hospitals, including cause identification and hazard assessment, improvements to flooring, changes to housekeeping procedures and products, programs for outside ice and snow removal, and slip-resistant footwear for certain groups of employees.

Evaluation of a comprehensive slip, trip and fall prevention programme for hospital employees
Ergonomics, Volume 51, Issue 12 December 2008, pages 1906 - 1925

Related Web Resources

Slips, Trips & Falls
The International Contact Group for Researchers

The International Ergonomics Association

CDC: Falls Among Older Adults

A news source reports that a Plantation, Florida child was saved and brought to the hospital after falling into a swimming pool.

According to the news report, the swimming pool accident occurred early Saturday. The Plantation Fire Department was called to a home where a 3-year-old had fallen into the pool. The child had been pulled from the pool by the time rescue workers arrived and was breathing and conscious. The toddler was brought to Plantation General Hospital to be examined, and initial reports indicated the child would be OK.

Florida Pool Accidents and Drownings
An experienced Florida accidental drowning lawyer stays up-to-date on state and federal safety laws that the owners of public swimming pools must abide by. The recently enacted Virginia Graeme Baker Act requires the owners of all Florida public pools and spas to put safety covers on drains to prevent small children from being sucked in and injured or drowned.

In addition, the owners of private swimming pools may be subject to Florida premises liability law if someone is injured or drowns on their property. Safety advocacy groups urge all private swimming pool owners to review safety recommendations and install fencing, drain covers, and other safety equipment, so their pools are safe for children and adults. It is also recommended that an adult supervise children in the pool at all times. Drowning is the leading cause of accidental death for children younger than age 5 in Florida.

Child rescued after falling in pool at Plantation home
South Florida Sun-Sentinel June 20, 2009

Related Web Resources

Preventing Tragedies:
Broward County and Palm Beach County Pool Accidents

Virginia Graeme Baker Act:
Information for Compliance with the 2007 Pool & Spa Safety Act

A Pompano Beach child celebrating his ninth birthday suffered serious burns at Palm Beach International Raceway, when the go-kart he was driving went out of control, flipped, and burst into flames. A news report stated that the child was trapped in the burning vehicle for about 30 seconds until bystanders rescued him. His nylon suit was not fire resistant, and the child was driving his own go-kart when the vehicle accident occurred.

The South Florida Sun Sentinel reported that although all parents are required to sign a waiver before their children use the kart track, the Palm Beach County Sheriff's Office was investigating this case. Following the accident, the boy was reported to be in critical condition at University of Miami/Jackson Memorial Burn Center

It is unclear whether Florida premises liability laws may come to bear on this case. The same news source reported that no track officials responded on scene immediately when the accident occurred. In addition, the Consumer Product Safety Commission (CPSC) was unsure whether the go-kart would fall under its jurisdiction for product liability; the CPSC monitors product safety for thousands of consumer products.

The CPSC issued a report on go kart safety in 2000, which estimated that 113 children under age 15 died as a result of go-kart accidents from 1990 to 1999. In the year 1999, an estimated 12,600 children under 15 were treated in hospitals for go-kart accidents. Most of the accidents involved boys age 8 or older and were a result of collision with other vehicles or with stationary objects, loss of stability, or falling from the vehicle. (Source: Go - Kart Related Injuries & Deaths to Children, CPSC, Sept. 2000.)

Since 1983, at least 9 drivers have died from crashes at Palm Beach International Raceway in Jupiter, Florida, which was once known as Moroso Motorsports Park. The track draws in tourists, racing fans, and other spectators who come to see drag racing, drift car racing, and other competitive racing events. Karting "arrive & drive packages" are offered to the public as a recreational activity.

Pompano Beach boy burned in Palm Beach County go-kart crash
South Florida Sun Sentinel May 27, 2009

Related Web Resources

Palm Beach International Raceway

U.S. Consumer Product Safety Commission

The Red Cross issued a press release for Memorial Day Weekend reminding families to take extra care when swimming at America's beaches, lakes, and in swimming pools.

A nationwide survey showed that one in four people knew someone who had died by drowning, and that 50 percent of Americans had personally experienced an incident where they feared they might drown. In addition, the survey showed that while 90 percent of families with young children plan to relax in the water over the summer months, nearly half stated that they will swim at locations that do not staff lifeguards on duty.

Florida Drowning Deaths
According to the U.S. Consumer Product Safety Commission (CPSC)...

• Florida swimming pool accidents that lead to drowning are the number-one cause of accidental death of children under 5 years old.
• Nationally, every year about 300 children under five years old die by drowning, and an additional 2,000 require emergency room treatment for injuries suffered from submersion under water. Most of these accidents occur in family swimming pools.
• Medical costs for children requiring emergency room treatment can soar into hundreds of thousands of dollars when brain injury occurs.

An experienced Florida drowning accident attorney is familiar with state and federal safety regulations designed to protect consumers.

Premises liability laws are in place to protect people who may become injured on someone else's property. The CPSC states that many communities have safety regulations in place that instruct private swimming pool owners on measures to take to keep residents and visitors safe. In addition, the federal Virginia Graeme Baker Pool and Spa Safety Act put safety requirements in place for public pools in Florida and every other state.

Florida boat accidents are another cause of death by drowning for both adults and children. Please be safe this Memorial Day weekend and take precautions for yourself and your children.

New Red Cross Survey Shows Nearly 50 Percent of People Have Had A Drowning Scare in Their Lifetime
American Red Cross May 20, 2009

Related Web Resources

U.S. Consumer Product Safety Commission:

Prevent Child Drownings

Virginia Graeme Baker Pool and Spa Safety Act

Florida Personal Injury Attorney Debi Chalik fought for and won a $400,000 settlement for a client who suffered serious injuries resulting from a slip fall accident. Tonya I., a client of The Law Offices of Chalik & Chalik, slipped and fell on a wet bathroom floor at a Florida restaurant and hotel chain location. The client claimed that her slip and fall accident aggravated a lower-back injury, which caused nerve compression. She also claimed that a head injury suffered in the fall triggered a structural defect in the brain called a Chiari malformation, causing seizures, difficulty swallowing, and memory loss. Tonya required spinal surgery to treat her injuries.

Attorney Debi Chalik, a partner in the South Florida based Chalik & Chalik Law Offices, investigated the facts and circumstances surrounding Tonya's accident. Attorney Chalik determined that the establishment failed to adequately maintain their property and keep it safe for patrons so they would not injure themselves. After months of negotiation, the property owner agreed to pay $400,000 to compensate Tonya for her injuries.

As an experienced slip trip and fall accident lawyer, Attorney Debi Chalik fought hard to prove the owner of the property was accountable for the client's injuries. Slip and fall accidents can cause broken bones, head injuries, and in cases like Tonya's, multiple injuries that require surgery, medication, and lengthy rehabilitation.

University of Florida Slip Trip and Fall Accident Injury and Fatality Statistics
A University of Florida study estimated that in 1999, more than 1 million Americans suffered a slip, trip or fall injury, and over 17,000 died as a result. The study breaks down slip/fall injuries into "same-level falls" (such as slipping on a wet floor) vs. "elevated falls" (such as falling off a ladder). The study reported that 12 to 15% of all Workers Compensation claims are caused by slip fall accidents, and that 5,100 workers died in 1999 as a result of such mishaps. Back injuries are the most common type of injuries in slip fall accidents.

A slip fall injury only takes a second to occur, but the problems incurred can last for months, years, or even a lifetime. Sometimes these accidents can even cause death. An experienced South Florida slip/fall accident lawyer helps clients such as Tonya recover and go on with their lives by fighting for the compensation they deserve and need to cover medical bills and lost wages.

Defendants Settle: $400,000.00 Fall on Wet Bathroom Floor
Chalik & Chalik Newsletter Volume #3 2009

Related Web Resources

University of Florida: Preventing Injuries from Slips, Trips, and Falls

National Safety Council: Falls in the Home and Community

According to the National Safety Council (NSC), slip trip and fall accidents are the nation's leading cause of injury-related deaths among senior citizens aged 65 and older. The NSC estimates that 13,000 elderly people perished after having a slip/fall accident and another 1.8 million ended up in a hospital emergency room after suffering a fall during 2003.

Because South Florida is such an appealing retirement and winter destination for seniors, slip and fall accidents are always of great concern. The Centers for Disease Control and Prevention (CDC) estimates that every 18 seconds, a senior citizen is brought to an emergency room after a fall and every 35 minutes, an elderly person dies as a result of personal injury sustained in a slip and fall accident. What's more, the CDC reports that over 90 % of hip fractures in the senior population result from accidental falls.

South Florida Nursing Homes and Slip Fall Accidents
When they get older and can no longer fully care for themselves, we entrust the care of our grandparents, parents, uncles and aunts to South Florida nursing homes and other elder care facilities. The National Center for Injury Prevention and Control estimates that a nursing home with one hundred beds experiences 100 to 200 falls among its elderly residents every year.

Slip trip and fall accidents among Florida elderly may sometimes be caused by their frailty and orthopedic conditions such as osteoporosis and arthritis. Nursing homes and other elder-care facilities are responsible for taking measures to prevent falls among their residents. This includes installing proper hand rails, keeping floors and hallways dry and free of obstructions, having proper lighting, and providing assistance to elderly patients who require help getting out of bed and maneuvering.

An experienced Palm Beach Florida slip trip and fall attorney helps families whose elderly loved ones have been injured in a fall determine whether a nursing home or other property owner is liable for their injuries.

Falls in Nursing Homes: Facts
National Center for Injury Prevention and Control June 10, 2008

Related Web Resources

NSC.org: Falls in the Home and Community

CDC.gov: Preventing Falls Among Older Adults

The Broward Sheriff's Office is investigating a fatal Ft Lauderdale car / bike accident that took the life of Leon Hamer of Coral Springs, Florida -- a husband, father of two girls, and physician assistant.

The fatal Broward County car crash happened in the early hours Saturday morning as Hamer, 63, and two friends were winding down a 25-mile cycling trip. A Mercedes driven by Raj Motwani, 34, of Fort Lauderdale Florida struck Hamer at Glades Parkway and State Rd 84 in Weston. No charges have been filed against the Fort Lauderdale driver though the investigation continues.

Florida and Fatal Car Bike Traffic Crashes
The year-round sunny climate in South Florida makes bicycling for all ages very appealing. Unfortunately, in 2007, Florida led the nation in fatal accidents between cars and bicyclists (119 killed), followed closely by California (109 fatalities). According to the National Highway Traffic Safety Administration publication, NHTSA Traffic Safety Facts 2007: Bicyclists and Other Cyclists...

• Some 44,000 bicyclists suffered injuries and 698 bicyclists were killed in motor vehicle accidents in 2007. (NHTSA defines bicycle riders as "pedacyclists" who ride "two wheel non motorized vehicles" as well as tricycles and unicycles, to differentiate them from motorcycle riders.)
• The average age of pedacyclists killed in car accidents in the U.S. is 40 years old.
• In Florida, 119 pedacyclists were killed in car crashes in 2007.
• In the U.S., some 52,000 pedacylists have been killed in traffic accidents since fatality estimates were first recorded in 1932.

A family spokesperson told CBS4 News that Mr. Hamer was a seasoned cyclist who took safety precautions, including wearing bright clothing, and they don't understand how he was hit. A Fort Lauderdale car accident lawyer looks at all aspects of an accident when a motor vehicle strikes a pedestrian or bicyclist, to help determine liability in a personal injury or wrongful death case.

Bicyclist Hit And Killed In Early-Morning Crash
CBS4.com March 8, 2009

Related Web Resources

Federal Highway Safety Administration: Pedestrian & Bicycle Safety

Broward Sheriff's Office

The Wall Street Journal reported that the U.S. Consumer Product Safety Commission has launched a federal investigation of potentially hazardous drywall from China used in South Florida construction projects. Though no South Florida construction accidents have been linked to the products, the investigation is focusing on whether sulfuric gases emitted by the drywall can corrode electrical wiring and pose a safety hazard.

An experienced Fort Myers Florida product liability lawyer can assist workers, homeowners, and others who think they may have suffered personal injury or exposure to hazardous toxins due to faulty building materials.

More than 90 complaints are being followed by the Florida Department of Health related to the high-sulfur Chinese drywall used in homebuilding projects--15 of which are believed to be in South Florida. According to the Wall Street Journal, Lennar Homes of Miami, which used the Chinese drywall in some of their homes, is suing Chinese manufacturers after homeowners complained of noxious odors. Homebuilders in Palm Beach County and Homestead Florida also report they are aware of the problem.

U.S. Senator Bill Nelson of Florida, the politician who advocated for tougher regulations for Chinese-made toys, is behind this investigation. The National Law Journal reports that a Fort Myers Florida couple who wanted to file a lawsuit delayed court action after the manufacturer offered to inspect their property. However several class action lawsuits against builders and manufacturers of the Chinese drywall are in process.

WSJ: Feds launch probe on Chinese drywall
South Florida Business Journal Feb. 20, 2009

Fla. Couple Delays Suit After Drywall Manufacturer Offers Inspection
The National Law Journal March 4, 2009

Related Web Resources

Florida Department of Health

U.S. Senator Bill Nelson of Florida

The recent accidental swimming pool drowning of an infant in Orlando County Florida is a tragic example of what can go wrong if pool safety measures are not fully in place. The Florida swimming pool drowning occurred earlier this month, when Orange County Fire Rescue responded to a mother's 911 call that her one-year-old baby had fallen into a backyard swimming pool.

The mother had attempted to perform CPR on her child, who was then airlifted by rescuers to a local hospital and later pronounced dead. Authorities have no plans to press charges against the parents. However news reports state that authorities commented that a safety fence around the swimming pool may have prevented this Florida accidental drowning death of a child.

The U.S. Consumer Product Safety Commission (CPSC) reports that in Sunbelt States, the number-one cause of death in children aged 5 and younger is drowning.

A South Florida pool accident attorney can help determine who might be liable in a swimming pool drowning death.

Florida law states that safety fencing is required for all new pools installed in Florida homes, as well as pools that were installed in homes after 2001. The CPSC recommends that private homes have fencing around swimming pools of at least 4 feet high, without handholds or anything children could use to climb on. News reports state that the home of the Orlando County family who lost their infant to drowning was built in 1986 and protective fencing was not required.

Baby drowns in Orange County
MyFoxOrlando.com Feb. 19, 2009

Preventing Child Drownings
U.S. Consumer Product Safety Commission

Related Web Resources

U.S. Consumer Product Safety Commission: Pool and Spa Safety Publications

Safe Kids USA: Water Safety Campaign

The U.S. Bureau of Labor Statistics reports that although the overall national rate of work-related deaths has decreased in recent years, fatal Florida workplace injuries increased in 2007 to 362 deaths. Falls accounted for 15% of all work-related deaths in the U.S. in 2007 (U.S. Department of Labor 2008).

The United States Department of Labor, Occupational Safety & Health Administration (OSHA) reports that the most common cause of construction worker fatalities in Florida and every other state is due to falling. Falls account for one out of every three construction worker deaths.

The most common type of construction fall accident is falling from a roof, though other types of falls such as those resulting from scaffolding and crane collapses can also be catastrophic.

A Fort Myers construction accident attorney can help determine whether the construction company, contractor, property owner, or another party is liable if a Florida construction worker dies as the result of a construction slip fall accident.

OSHA: Preventing Fatal Falls in Construction Sept. 25, 2008

Related Web Resources

South Florida Associated General Contractors

South Florida Construction Safety Forum

The next time you make a trip to a Fort Myers Florida shopping mall, drive with caution: Ft Myers Florida car crashes and fender benders happen on a regular basis in the parking lots, access roads and areas surrounding Lee County Florida shopping malls.

Shopping mall parking lots can be notoriously difficult to navigate, as drivers throw caution -- and the rules of the road -- to the wind in frantic search of a parking space. The layout of some shopping mall driving, drop-off, and parking areas, combined with shrubbery, hedges and other visual obstacles, can add to the confusion of mall driving. According to a report by Fort Myers Florida news source NewsPress.com, Lee County traffic accidents are the second-largest problem at area malls, with 129 accidents reported in recent months. Malls and car accidents mentioned in the report include...

Bell Tower Shops, South Fort Myers, Florida (28 crashes)
Coconut Point Mall (24 crashes) and Miromar (12 crashes)
Edison Mall, Ft Myers, Florida (32 crashes)
Gulf Coast Town Center, San Carlos Park, Florida (33 crashes)

Fort Myers police dispute some of the numbers in the report, saying that some accidents may have actually occurred on South Florida highways in front of the malls, such as US 41.

The last thing anyone wants when they go shopping is to come home with a dent in their car -- or worse. An experienced Fort Myers Florida car accident lawyer can help determine liability and the driver's options in cases where a moving or parked car is hit in a parking lot.

Car crashes high in mall parking lots
NewsPress.com Feb. 8, 2009

Related Web Resource

Mall Safety: AutoTrader.com