Orlando Personal Injury Lawyer - Miscellaneous

Orlando/Kissimmee Tops List of Deadliest Metro Areas for Pedestrians

Sandy Grinnell — Mon, 09 Nov 2009 17:04:44 GMT

According to the Transportation for America (TFA) latest report, Central Florida has the worst ranking in the number of pedestrian deaths for 2007 and 2008 among metro areas that have a million plus residents. 16.9% of all our traffic fatalities involved a pedestrian.

For every 100,000 residents in the Orlando/Kissimmee area, there was an average of 2.86 pedestrians killed on our streets in 2007 and 2008 putting us at the top of the list. However, Orlando was not the only Florida city to rate poorly for the safety of pedestrians. The next top three spots went to Tampa/St.Pete/Clearwater, Miami/Ft.Lauderdale/Pompano Beach and then Jacksonville.

The TFA report was aptly named Dangerous by Design as the report attributes these preventable deaths to very roads that most commuters have begged for to make their drive to work more bearable. It's the thoroughfares, or "arterial roads", like Semoran Blvd, Colonial Ave and Silver Star Road that have been widened to six lanes with a turn lane in the middle that are the most dangerous for pedestrians as they seldom come with pedestrian crosswalks.

The TFA also cites a lack of funding as a contributing factor in the high number of pedestrian deaths. The report states that although 11.8% of all traffic fatalities involve pedestrians, only 1.5% of transportation funds are aimed at improving the safety conditions for pedestrians.

These deaths are preventable and the officials at Transportation for America are asking for your help in making our streets safer for those who walk, try to cross or bike on our city streets. Let your voices be heard in Washington by contacting Transportation Secretary LaHood and requesting that pedestrian safety become a national transportation priority.

Originally posted at InjuryBoard by Sandy Grinnell

Orlando, Florida Theme Park Injury Reports

Ed Normand — Sat, 07 Nov 2009 16:55:02 GMT

For the second consecutive quarter, Disney World was the only major theme park in Florida to report any guest injuries. None of the other major theme parks - including Universal Studios, Sea World, Wet ‘n Wild, or Busch Gardens in Tampa, reported a single guest being injured in that time period. Disney World reported eight injuries occurring during the third quarter. Neither the Federal Government nor the State of Florida regulate the big theme parks and they are under a Florida based voluntary reporting system that has many loopholes. The lack of reported injuries for the last 6 months at all of the theme parks except Disney shows that the voluntary reporting system is not working and injuries are happening that are not being reported. This is clear from an examination of lawsuits filed against the theme parks. The lawsuits consistently relate to injuries at the parks that the parks never report to the State of Florida or anywhere else.

The injuries at Disney during the third quarter of 2009 include the following:
A 31-year-old woman had a seizure after riding the Rock ‘n Roller Coaster, and a 50-year-old woman experienced chest pains and shortness of breath after riding the same ride. A 54-year-old man had a seizure riding Star Tours, a full-motion flight simulator based on the Star Wars films. A 40-year-old man fell and broke his right wrist while getting off of Test Track, a simulated excursion through the rigorous testing procedures that GM uses to evaluate its cars, culminating in a high-speed drive around the exterior of the attraction. A 52-year-old woman complained of dizziness and memory loss after riding Mission: Space, which boasts that it realistically simulates an astronaut’s trip to Mars. A 66-year-old man felt sick after riding Expedition Everest, a high-altitude, high-speed roller coaster train ride to the “Roof of the World.” A 74-year-old woman lost her balance getting off of Peter Pan’s Flight, fell, and hit her head and broke her wrist. Finally, a 57-year-old woman passed out after riding Splash Mountain, and fractured her skull after collapsing on a concrete floor.

State regulators rely on the big theme parks to voluntarily report any significant injuries to guests. It is clear that many injuries are not being reported. According to these records, Disney is now falling far behind the other big theme parks’s safety records for the second straight quarter. With the lack of regulation it is not clear if this is a sign of safety issues at Disney or, more likely, that other parks are not reporting all the injuries at the parks. It is time that state regulators need to step in. Government oversight is needed as self-policing is clearly not working. For my previous blog on the injuries at the big theme parks for the second quarter of 2009, please check our prior blogs on Disney Accidents.

Originally posted at InjuryBoard by Ed Normand

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

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

Summer's Over But Drowning Dangers Still Loom In Your Home

Sandy Grinnell — Wed, 14 Oct 2009 15:45:21 GMT

As we prepared for hot summer days and fun in the pool last June, the Consumer Product Safety Commission (CSPC) reminded parents of ways to keep their children safe from drowning around pools and lakes. Now that most pools are closed for the season, the CPSC wants parents to be aware that there are just as many drowning dangers in the home as there are outside the home .

Did you know that from 2003 to 2005, an average of 90 children under the age of 5 died each year by drowning in something other than a pool or spa? Most of those children were under the age of two and the majority of those drowned in a bathtub or bathinette. Children have even drowned in just a bucket with water in the bottom.

Inez Tenebaum, Chairman of the CPSC, says that

“What parents need to know is that anywhere there is water, there is a potential drowning hazard to children. Parents shouldn’t let their guard down; young children need constant supervision around bathtubs, bath seats and buckets.”

Since most young children are not allowed to take a bath by themselves, toddler drownings usually take place when the parent walks away for just a minute to answer the phone, go to the front door, or to get the towel that they forgot.

The CPSC has asks parents and child care workers to following these guidelines:

Never leave young children alone, even for a moment, near any water. Young children can drown quickly in even small amounts of water.

Always keep a young child within arm's reach in a bathtub. If you must leave, take the child with you.

Don't leave a baby or toddler in a bathtub under the care of another young child.

Never leave a bucket containing even a small amount of liquid unattended. Toddlers can fall headfirst into buckets and drown. After using a bucket, always empty and store it where young children cannot reach it. Don’t leave buckets outside where they can collect rainwater.

Learn CPR (cardiopulmonary resuscitation). It can be a lifesaver when seconds count.

Originally posted at InjuryBoard by Sandy Grinnell

Statute of Limitations for Personal Injury Lawsuits

Sandy Grinnell — Thu, 03 Sep 2009 06:00:00 GMT

A statute of limitations is a special kind of statute that limits the time in which a plaintiff who has a claim can bring that claim in the courts. For this reason, the statute of limitations can be raised as a defense – basically, the defendant can argue that the court should not hear the claim because the plaintiff did not bring it within the prescribed time period. While this may seem unfair at first, the policy behind these kinds of statutes makes a lot of sense. The statutes prevent claims from coming into the courts when a claim is stale, after witnesses have forgotten facts, and after evidence has become more difficult to obtain.

Different kinds of claims have different statutes of limitations, and there can be different “triggers” for a statute of limitation to start to “run.” Usually, this happens when the claim accrues. A statute of limitation can be triggered by an injury (such as with a claim that arises from a vehicle accident) or by the discovery of an injury (such as with a medical malpractice claim). In Florida, the statute of limitations usually “runs”, or lasts, four years for most injuries but can vary due to different circumstances. For claims of libel, slander, or medical malpractice, the statute of limitations is just two years. However, it is important to note that statutes of limitation vary by state, and different rules about which statute of limitations apply can affect claims that occur between parties from different states or when claims arise across state lines.

Because the statute of limitations can bar a claim, it is crucial for plaintiffs to preserve a claim by filing suit or taking action within the limitations period. However, there are exceptions to the statute of limitations. Sometimes, a court will “toll” the statute of limitations, and recognize a period of time as not counting against the time a plaintiff has to file a claim. Typical reasons for tolling a statute of limitations include: minority (the victim of the injury was a minor at the time the injury occurred), mental incompetence (the victim of the injury was not mentally competent at the time the injury occurred), and the defendant's bankruptcy (the "automatic stay" in bankruptcy ordinarily tolls the statute of limitations until such time as the bankruptcy is resolved or the stay is lifted). A court will apply exceptions based not only on the statute, but on case law that has interpreted those statutes. If you have questions about how the statute of limitations may affect your claim, you may wish to consult an attorney. Often, it is best to receive advice about potential claims relatively soon after the injury occurs or otherwise the claim accrues.

Originally posted at InjuryBoard by Sandy Grinnell

Local Seniors to Challenge the Wii Game

Sandy Grinnell — Fri, 14 Aug 2009 16:49:46 GMT

As a part of the national Injury Board Coordinated Wii Donation Project, our firm selected the Share the Care Center in downtown Orlando.

Share the Care is a local non-profit organization that provides support to the care giver as well as to those who need to be cared for. The centers provide a safe environment for seniors, rehab patients or individuals with physical limitations that prevent them from staying home alone. While the centers are called adult day care centers, they are much more than just a place where clients are dropped off for the day. The center's staff encourage interraction, cognitive skills games, and physical exercise according to the client's capabilities.

While the Wii was being installed on Monday, Orman Kimbrough introduced the firm staff members and we served cake and iced tea. Then - it was time for the games to begin. The easiest game to intoduce the Wii to the seniors was bowling, and everyone cheered as several of the them took their turn knocking down the pins. And you should have seen the look on the their faces - it was priceless!

We were extremenly pleased that we selected Share the Care as the recipient of the Wii game. As Ed Normand said, "At our personal injury firm, we have the opportunity to help people from all walks of life. Our work to stop nursing home abuse brings us in contact with our senior citizens, and their living conditions in the long term care facilities where they live. Sadly we see our citizens, and their past contributions to society, being neglected and forgotten. It is our hope that by encouraging and enabling our seniors to stay mentally and physically fit using the Wii, it will subsequently improve their quality of life and help to pay them back for all the good the provided in their lives."

If their first experience with the Wii is any indication, I'm sure that it will provide hours of physical challenges, and lots of laughs, too!

Originally posted at InjuryBoard by Sandy Grinnell

Swine Flu Death Is First in Florida

Sandy Grinnell — Tue, 16 Jun 2009 11:57:29 GMT

The Florida Department of Health has reported the first death in Florida attributed to the swine flu. A nine-year old boy from South Florida was the first of the 417 reported cases to have succumbed to the H1N1 virus.

Surgeon General Dr. Ana Viamonte Ros reported:

"While most cases of H1N1 swine flu are mild, there are exceptions like this tragic case. Nationally, the CDC is reporting 45 deaths associated with swine flu, and as the flu progresses that number will unfortunately rise."

The World Health Organization is calling the spread of the H1N1 virus a pandemic, meaning that it has now spread world-wide. The strain of the flu is not as deadly as it was originally thought and travellers around the globe can help stop the pandemic by taking the following precautions:

Wash hands frequently and avoid touching your eyes, nose and mouth.
Avoid close contact with people who are coughing or otherwise appear ill.
Stay home from work or school if you have a respiratory illness.
Anyone who thinks he or she has influenza should call their doctor.

Originally posted at InjuryBoard by Sandy Grinnell

Cocoa Beach Attorney - The Worst Kind of Representation

Sandy Grinnell — Mon, 08 Jun 2009 11:51:44 GMT

According to the Orlando Sentinel, a Florida attorney, Andrew Meynhart of Cocoa Beach, was arrested Friday for grand theft for stealing settlement funds from a 9-year-old client.

The young boy was awarded a $100,000 settlement in the death of his father resulting from an auto accident back in 2006. According to the report, Mr. Meynhard was successful in obtaining the settlement, but has not distributed the funds and has sent false trust account reports to the deceased's estate back in Iowa. Actual bank statements showed on only $20.00 in the account.

This type of activity is reprehensible by any officer of the court and is not only considered grand theft, but is also a strict violation of the The Florida Bar Rules.

The Florida Bar serves "to protect the public from unethical lawyers" and the Florida Bar Rules are very specific as to an attorney's fiduciary responsibilites to his/her client. It was The Florida Bar that revoked Mr. Meynhart's license to practice law earlier this year.

Originally posted at InjuryBoard by Sandy Grinnell

NSC Offers Free On-line Safety Courses for One Week Only

Sandy Grinnell — Fri, 29 May 2009 12:19:11 GMT

As part of their National Safety Month in June, the National Safety Council (NSC) is offering two of their courses for free if you register the week of June 1 - 7. The two courses are

“Alive at 25® Parent Program,” for parents of teen drivers, and
“First Aid and CPR with AED,” basic training for adults.

Normally there is a fee for both of these courses.

The “Alive at 25® Parent Program” is a course that teaches parents about the risks teen drivers face each time they are behind the wheel. It offers suggestions to reinforce good driving habits to make them better, safer drivers. To register go to http://www.parentprogram25.com/NSM and you will have 30 days to finish the course.

The "First Aid and CPR with AED" is a 3-hour personal safety course that could turn you into hero if someone faces a live-threatening medical situation. Go to http://www.nscfirstaid.com/nationalCPRweek% to sign up for the course the NSC describes as:

.... course, offered in conjunction with National CPR/AED Week, users will learn the latest method of cardiopulmonary resuscitation (CPR) and how to use an automated external defibrillator (AED), as well as how to help a person who is choking. First aid topics include bleeding, wound care, shock, burns, serious injuries, fractures and sprains.

Remember, both of these courses are offered for free but only if you register next week, June 1 - 7.

Originally posted at InjuryBoard by Sandy Grinnell