Orlando Personal Injury Lawyer

Disney Replaces Crashed Monorail

Ed Normand — Fri, 06 Nov 2009 12:40:54 GMT

Recently, Disney announced that a “new” monorail train, named Teal, is now up and running at Walt Disney World in Orlando, Florida. The monorail at Disney received heightened media attention over the summer, as two trains were involved in a deadly crash which killed 21-year-old Disney employee Austin Wuennenberg. According to reports, Disney decided to use the undamaged, leftover parts from the two trains involved in the crash to build the new Teal train.

For my blog posting over the summer about the crash, please see Disney Accident.

Originally posted at InjuryBoard by Ed Normand

Unemployed and Uninsured

Ed Normand — Tue, 03 Nov 2009 12:41:17 GMT

So far in 2009, almost 300,000 Floridians have lost their health insurance, along with their jobs. The link between health coverage and the rise in unemployment is important, because nearly two-thirds of people under the age of 65 get health coverage through their employment, or the employment of a spouse. Florida ranks third in the nation, among working age-adults, in the number of people who have lost their health insurance since January 2009, behind only California and Texas.

Several options are available to those who become unemployed, including COBRA, where you pay to extend current health coverage, but oftentimes individuals do not have the necessary financial means. However, the current trend of citing tort reform as a means to reduce health insurance costs are misplaced. During a time when more and more individuals are needing to purchase insurance on their own, it might be easy for some to point the finger at the alleged “evil” of medical malpractice lawsuits. Much has been proposed about the potential reduction in insurance costs if awards in medical malpractice cases were capped, or eliminated altogether. What individuals don’t realize is that in actuality, little to no savings in premiums have resulted from current attempts at tort reform. In fact, insurance companies in Florida like Aetna, have stated that tort reform has produced little or no savings in insurance rates in Florida, due in part to lawsuits only making up a tiny fraction of the overall healthcare spending in the United States each year. Reducing costs needs to come from within the system, starting with reducing the myriad of preventable medical errors committed by the small percentage of bad apple physicians each year.

Originally posted at InjuryBoard by Ed Normand

More Dangers of Distracted Driving

Ed Normand — Tue, 03 Nov 2009 12:38:14 GMT

A client of mine was forever maimed in a recent car crash, but she wasn’t even driving. Jane was walking in her neighborhood, in broad daylight, when a car veered off the road, and mowed her down. Jane now has a broken hip, a collapsed lung, and two broken legs, a fractured spine and may never walk again. What is even more sad is that this was all completely preventable. Jane’s husband is the Home Owners Association President in their neighborhood, and has witnessed countless reckless drivers for months. In fact, he’s been trying to get help from anyone to improve safety in his neighborhood, but to no avail. Drivers have hit everything from light poles and fences, to even homes. Jane’s husband set up multiple surveillance cameras in the area before his wife’s accident, and was able to catch the entire accident on video.
Jane faces months of recovery, and most likely will never be the same. She’s in critical condition at a local hospital, with severe injuries. The video shows the terrible accident, and clearly shows how the car in question ran Jane down. The driver admitted to being distracted when he ran off the road.
I’ve blogged previously about the dangers of distracted driving. For my previous article, please visit: orlando.injuryboard.com/automobile-accidents/dangers-of-distracted-driving.aspx
It is about time the Florida Legislature does something to stop driving while texting and other forms of distracted driving. Studies have confirmed that distracted drivers are less safe than drunk drivers! Lets fix both, perhaps we need a Mothers Against Distracted Drivers group before the carnage stops.

Originally posted at InjuryBoard by Ed Normand

Officials Release Cause of Tragic Bus Accident

Sandy Grinnell — Fri, 30 Oct 2009 06:05:00 GMT

The National Transportation Safety Board (NTSB) has released its findings on the cause of the bus accident that took the lives of 17 and injured 38 more back in August of 2008. The bus left the highway at about 68 miles per hour, broke through a metal bridge railing and ended up 8 feet below the bridge.

After an extensive review of the crash, it was determined that the bus had been driving for a significantly long distance with an under-inflated tire. The low tire pressure resulted in such a complete tire failure that there was no way the driver could have possibly maintained control of the bus.

The report revealed that number of deaths and the significant injuries were also the result of the fact the brdige railing failed in keeping the bus from plunging over the side. To make matters even worse, the luggage racks inside the bus failed and prevented passengers from exiting and impeded the rescue of the injured.

The most significant recommendations coming from the NTSB were to:

the Federal Highway Administration by increasing the requirements for bridge railings and repair of older bridges, and

the National Highway Traffic Safety Administration (NHTSA) which was asked to impose a requirement that all new motorcoaches over 10,000 pounds have tire pressure monitoring systems, and develop performance standards for the luggage racks. In addition, the NTSB asked NHTSA once again to develop requirements for passenger safety restraints, including restraints for children, on all new buses.

Originally posted at InjuryBoard by Sandy Grinnell

What Should Be Done to Curb Jaywalking?

Sandy Grinnell — Wed, 28 Oct 2009 16:12:31 GMT

When police try to enforce jaywalking laws, it's often a cause for a lot of verbal bashing by the anti-government, anti-establishment types and even some city officials. See what happened last July when police officials in the City of Savannah tried to make their city safer for pedestrians by issuing jaywalking tickets. Now their fines were out of line, but some complained just about the enforcement.

But what should be done? Just last night on my way home I had a man cross against the light with his two young children running along behind him. Now we had the green light but traffic had to wait for them to all get across. Then at the next light, another man ran into traffic - crossing on the green light and again cars had to screech to a halt to miss him. You also see a lot of folks step out between parked cars to cross the street, practically scaring the living daylights out of the drivers who pass them. Then yesterday an elderly woman in South Daytona tried to cross the street in her motorized wheelchair, not at a crosswalk, and unfortunately was struck and killed by a passing vehicle.

Now if a pedestrian, or individual in a wheelchair, is hit and found to be at fault, of course the driver would not be cited. The pedestrian would cited if they lived through accident. But who wants to go through life knowing you killed someone with your car - even if it wasn't your fault? I can imagine you would still have nightmares.

Apparently walking to the corner to cross and then waiting for the light is just too much trouble. So what's the solution? Do we need more education? More enforcement? I don't have an answer - but I do know that I stay vigilant watching for jaywalkers just waiting to step in front of my car.

Originally posted at InjuryBoard by Sandy Grinnell

Are Manufacturers Liable If I am Injured by Their Product?

Sandy Grinnell — Mon, 26 Oct 2009 09:23:18 GMT

Injured by a piece of equipment or product you were recently using? Then you might be eligible to bring a product liability suit against the manufacturer, supplier, or retailer depending on where you got the product. Product liability is the area of law that holds these businesses liable for the injuries that their products cause to the public. Most product liability cases are based of negligence, strict liability, breach of warranty, and consumer protection claims. These laws vary from state to state and from claim to claim. There are three major types of product liability claims: a manufacturing defect, a design defect, and a failure to warn or a marketing defect.

Strict Liability focuses on the product itself. Under this theory the manufacturer is liable if the product causes injury regardless of whether the product itself was defective. The courts look for facts in individual strict liability cases which characterize warranty from the manufacturer to the consumer, be it an expressed or implied warranty. Expressed warranties are those which are noted on the product during purchase whereas implied warranties are those which are common to all products in that category. Strict liability, unlike negligence, does not require the manufacturer itself to be negligent in production. In negligence the plaintiff must prove that the manufacturer or distributor fell below a standard of care. However strict liability focuses only on the product itself.

States are also enacting consumer protection statutes for specific remedies in regards to product defects. Statutory remedies are enacted for products that do not necessarily cause injury but simply are defective or unusable but still cause an economic loss. This only allows the consumer to recover for the economic loss of the product but no damages to their person.

No consumer should ever be injured by a product that a manufacturer holds out to be safe for public use. If you or anyone you know has been injured from a recent purchase or product they were using, please don’t hesitate to contact someone for legal representation.

Originally posted at InjuryBoard by Sandy Grinnell

Gov. Crist Calls for Investigation into Caregiver Screening

Sandy Grinnell — Wed, 21 Oct 2009 15:49:34 GMT

Kudos to the Sun Sentinel for bringing inadequate employment screening for daycare and senior care workers to light. Their in depth article has apparently caught the attention of Govenor Crist who has called for a statewide investigation.

Crist has asked the eight agencies involved in the screening to come up with recommendations by November 2 so that they can be addressed at the special session in December. The first focus may be electronic fingerprinting which should alleviate the current 8 week turn around.

According to the Governor,

"When it comes to the safety and security of Florida's vulnerable populations, we must make every effort to ensure that their professional caregivers do not have criminal histories," Crist said in a statement.

An earlier blog on this site discussed the problems with the current system in that background checks are only performed in Florida, not natiowide; facilities can allow employees to begin working prior to getting the results of the background check; and there is a lack of state inspection of employee files at most facilities.

Originally posted at InjuryBoard by Sandy Grinnell

Theme Park Injury Caught on Video

Ed Normand — Mon, 19 Oct 2009 09:00:00 GMT

Knott’s Berry Farm in Buena Park, California, billed as "America’s 1st Theme Park" was the site of another ride accident in mid-September, 2009. Riders were struck with debris and two passengers were injured, after a cable on the ride snapped. Luckily, no one else was injured during the accident. Incredibly, the entire ordeal was caught on video! A 12-year-old boy suffered lacerations on his leg, and an adult male complained of back pain afterwards. In the video, you can clearly see the point in the video where the cable breaks, and the ride starts going backwards. The fear and confusion on the eyes of the riders is evident, especially once smoke starts emanating from underneath the ride. The riders begin to panic at the end of the video, as they realize they are strapped into the ride, and unable to get out. The video, posted on Youtube, provides an eye-opening insight as to what happens when a ride malfunctions.

www.youtube.com/watchhttp://www.youtube.com/v/6EGHHjN0bQs&hl=en&fs=1&"> name="allowFullScreen" value="true">http://www.youtube.com/v/6EGHHjN0bQs&hl=en&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344">

Originally posted at InjuryBoard by Ed Normand

Another Florida Theme Park Employee Accident

Ed Normand — Fri, 16 Oct 2009 16:00:00 GMT

Last night, the Orlando Fire Department was called out to Universal Studios in Orlando, Florida. An employee working on the Revenge of the Mummy ride fell from a ladder, and landed on a platform. Rescue workers took the employee to a local hospital to be evaluated. Though it appears the employee is going to be OK, this most recent accident only highlights the risk of injury and even death that employees face at theme parks. After a rash of employee accidents over the summer, workplace safety is becoming a growing concern for theme park workers.

The most publicized accident over the summer was the untimely death of Disney monorail operator Austin Wuennenberg in July 2009. Austin was operating a monorail train during a night shift, and was killed when the train he was operating collided with another train. Unfortunately, Austin was not the only Disney employee to lose his life over the summer. In August, stunt performers from two separate Disney shows, Indiana Jones Epic Stunt Spectacular, and Pirates of the Caribbean - Captain Jack’s Pirate Tutorial, each lost their lives. Anislav Varbanov suffered a head injury while rehearsing for the Indiana Jones show, an injury which later claimed his life. Fellow stuntman Mark Priest broke his neck while performing in the Pirates of the Caribbean show. Mark ended up losing his life several days later.

Employees were also injured at other Florida theme parks over the summer. In July, an employee was seriously injured after being struck head-on by the Dueling Dragons roller coaster at Universal Studios in Orlando. The employee, who was doing a safety-inspection of the ride, was unresponsive after the accident and suffered multiple fractures to his head. At Tampa’s Busch Gardens, an employee was injured when he fell 35 feet from the Skyride and landed on his back. The employee suffered a vertebrae injury, but fortunately was not paralyzed as a result. With three employee deaths at Disney and several injuries at other theme parks during the summer months alone, one can’t help but wonder if the safety regulations in place are sufficient to protect employees. I have written consistently about the need for federal oversight of the parks for the protection of visitors. Now it seems that employees increasingly need protection too.

For my posting on theme park injuries during the second quarter of 2009, please see my blog entry at: http://orlando.injuryboard.com/defective-and-dangerous-products/injuries-on-disney-rides-and-attractions-second-quarter-2009.aspx?googleid=270352

Originally posted at InjuryBoard by Ed Normand

Did You Know Today is "Global Handwashing Day"?

Sandy Grinnell — Thu, 15 Oct 2009 15:46:12 GMT

Who knew? In under-developed countries, 1.5 million children die each year diarrheal-related illnesses each year. The focus of this year's Global Handwashing Day is to improve the hygiene and sanitation to reduce the number of these deaths.

At a time when the H1N1 virus is spreading across this country, the emphasis couldn't come at a better time. The CDC tells us that the best defense against the swine flu is to wash, wash and wash your hands. Since it is thought that the virus is spread primarily by coughing and sneezing, the CDC has the following recommendations for you to stay healthy:

Cover your nose and mouth with a tissue when you cough or sneeze. Throw the tissue in the trash after you use it.

Wash your hands often with soap and water, especially after you cough or sneeze. Alcohol-based hands cleaners are also effective.

Avoid touching your eyes, nose or mouth. Germs spread that way.

Stay home if you get sick. CDC recommends that you stay home from work or school and limit contact with others to keep from infecting them.

Originally posted at InjuryBoard by Sandy Grinnell