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

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

South Florida public swimming pools are supposed to be safer for kids, thanks to a new act that went into effect Dec. 19, 2008, requiring drain covers for pool filtration systems. As we've discussed before, Florida swimming pool accidents are a leading cause of childhood injury and the number-one cause of infant drowning deaths in Florida.

But some child safety advocates are concerned that the new federal Virginia Graeme Baker Pool and Spa Safety Act is not being enforced, as some states have not begun inspecting pools or have allowed pools with uncovered drains to remain open.

The law was named after former U.S. Secretary of State James Baker's granddaughter Virginia, age 7, who died as the result of a horrific hot tub accident. In 2002, at a school graduation party, Virginia was sucked into a hot tub drain and trapped on the bottom of the pool. The fierce suction in swimming pool drains can essentially eviscerate a child if the suction pulls the child in by the abdomen. Virginia's mother and two other adults eventually freed the little girl, but by the time she got to the hospital, it was too late.

The controversy now is how individual states, including Florida, will go about enforcing the new federal swimming pool safety law. Child safety advocates are calling for immediate inspections of all public swimming pools and demanding that states close down non-compliant facilities, before more children like Virginia suffer a needless and wrongful death.

As South Florida swimming pool accident lawyers, we are well aware of the many dangers swimming pools present to young children. We will be following this story to see how well the new federal Virginia Graeme Baker law is being enforced in public swimming pools in South Florida and around the state.

Some ignore law to prevent pools from being child deathtraps CNN.com Jan. 15, 2009

Related Web Resources

Safe Kids USA: Water Safety Campaign

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

The Association of Pool and Spa Professionals

You're walking down the concourse of a South Florida shopping mall, when suddenly you slip and fall on a wet floor and injure your back. Who is liable for your medical bills and lost wages? Or maybe it's a parent or grandparent in a Florida nursing home who falls when attempting to get out of bed and breaks a hip. Who is responsible in that case?

Premises Liability in Florida
Laws are in place to protect Florida citizens and visitors from slipping, tripping, falling, and injuring themselves while shopping or out in other public places, as well as while visiting the homes of others. Property owners are liable to keep their properties safe from dangerous obstructions and conditions that could cause a person to slip, trip and fall. These laws extend to Florida swimming pool safety as well, including decks and stairs.

If you slip and fall -- and you are physically able -- we recommend you do the following:

• Take pictures (your cell phone camera may suffice) of the conditions that caused you to slip and fall. Once the accident scene is cleaned up, those details will be lost!


• Write down all the details leading up to the fall -- what you were doing, where you were walking, the lighting, conditions of the floor or ground, and any obstructions present.


• If you are physically unable to document the details yourself, ask a friend or family member to record what you can remember as soon as possible.


• If witnesses are nearby who could vouch for what happened, ask for their names and phone numbers.


• If you are injured in a public place, report the accident to the store manager or property supervisor. Insurance companies have a field day with "unreported accidents." Get your accident on record BUT take care not to speak to the property owner's attorney or insurance company. That's what your personal injury attorney does on your behalf.

If you need to file a lawsuit against the property owner for damages and compensation, be prepared to have your story called into question. Lawyers for the property owner's insurance company may try to make the Florida slip and fall accident seem as if it was your fault, or even that your injuries were caused by a pre-existing condition or an earlier accident.

As South Florida personal injury lawyers, we've assisted many people over the years who got injured in slip/trip and fall accidents while shopping, dining, or visiting public places. The cases that turn out favorably for many plaintiffs are the ones where the injured parties had the foresight to document what happened immediately -- before time, stress, and the property owner's insurance company -- can make the details fuzzy.

Florida's infant death rate due to drowning is double the rate as compared to other states in the nation. Swimming pool accidents account for the majority of infant drowning deaths here in Florida.

With so many grandparents returning to Florida to spend the winter, pediatricians want to remind seniors tending to their beloved grandchildren to be especially aware of hazards that could cause small children to have slip and fall accidents in and around swimming pools.

Pediatricians also recommend that Florida parents, grandparents, and caregivers learn infant CPR, as nonfatal drowning accidents can still cause brain damage in developing children, when the brain is deprived of oxygen.

The Consumer Product Safety Commission is behind a new law that went into effect Dec. 19, 2008 designed to increase swimming pool safety measures at all public pools and spas. The law pertains to drain covers and other pool and spa mechanisms that can cause children to become trapped under water. Nationally, drowning is the second-leading cause of accidental death for children ages one to 14.

As residents of the Sunshine State as well as Florida swimming pool accident lawyers, we can't stress swimming pool safety enough -- particularly when children are in the picture. Please be aware of consumer safety tips for swimming pool owners and check your pool safety equipment regularly.

Florida has highest infant drowning rate
NBC2 News Online Nov. 23, 2008

New pool safety law goes into effect this holiday season
ConsumerReports.org Nov. 24, 2008

Related Web Resource
American Academy of Pediatrics: Pool Safety for Children

Here in Broward County and the Palm Beach and Fort Lauderdale area, we South Florida residents enjoy some of the finest year-round weather in the nation. Besides our world-class beaches, Florida's swimming pools are a big part of our lifestyle. Many homes and condo and apartment complexes have them, and public swimming pools offer a way to cool down for families who don't own their own swimming pools.

The dark side to the sunny South Florida lifestyle is Florida has a higher than national average rate of childhood deaths due to drowning. Some sobering statistics:

• According to the CDC, drowning was the number-one cause of death for Florida children ages 0 to 5 years old in 2005 (45%), followed by motor vehicle traffic accidents (30.9%).


• Nationally, drowning is the second leading cause of death due to injury in children ages 1 to 14.


• In 2004 in the U.S., 761 children age 14 and younger died due to drowning.

The Virginia Graeme Baker Pool and Spa Safety Act, which became effective Dec. 20, 2007, was designed to make public swimming pools and spas safer. The U.S. Consumer Product Safety Commission (CPSC) is administering this Federal act, which mandates that all U.S. public swimming pools and spas must be in compliance with safety requirements by Dec. 20, 2008.

Some of the safety requirements include proper fencing and barriers, a "safety vacuum release system" at suction outlets where water is pumped and recirculated, and drains that have covers and otherwise meet Consumer Product Safety standards to avoid entrapping swimmers. Of course, adult supervision by watchful parents or caregivers is one of the best means of preventing child pool drowning and accidents.

Public pools and spas in Florida and the other states who have not complied with the Pool and Spa Safety Act by Dec. 20, 2008, will be found to be in violation of the Act.

New Swimming Pool and Spa Safety Act for All Public Pools International Business Times Nov. 10, 2008

Related Web Resources

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

The Association of Pool and Spa Professionals

Call them snowbirds, retirees, lifelong Floridians, or simply people who enjoy lots of sunshine, warm breezes, beaches and golf. South Florida is home to flocks of senior citizens who come here to retire or escape the northern winter. Some never leave at all. Why should they?

But even the healthiest, most active seniors in Florida are at risk for slip-and-fall injuries.

A 2008 report issued by the Centers for Disease Control and Prevention (CDC) states that falls are the number-one cause of fatal and non-fatal injuries for people age 65 and older. Women tend to fall more frequently than men, and the risk of falling increases with age. Frail seniors are also at greater risk for fall-related injuries than people who are active and engage in fall prevention fitness activities. The study also estimated that every year, fully one-third of older adults will suffer a fall.

Falls and fall-related injuries can seriously impact the quality of life for a senior. Falls can cause broken bones, muscle injuries, and put a further burden on an already taxed healthcare system. In some cases, falls can be fatal. A friend told us the sad story of her uncle, an active senior who enjoyed daily walks on the beach. While returning from his walk one day, he slipped and fell on the steps leading up to his residence and hit his head. He suffered a stroke and died a week later.

Florida laws that oversee premises liability state that businesses, residences, retirement homes and communities, and healthcare facilities must keep their properties safe and avoid circumstances (such as spills, floors or stairs in disrepair, broken or inadequate handrails, and obstacles) which can lead to falls. This also applies to nursing homes, where so many of our frailest seniors depend on others to keep them from harm.

Self-Reported Falls and Fall-Related Injuries Among Persons Aged >65 Years -- United States, 2006 CDC Morbidity and Mortality Weekly Report, March 7, 2008