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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

Check Your Homeowner's Insurance Policy Before Getting That Trampoline

Sandy Grinnell — Mon, 15 Jun 2009 11:26:32 GMT

It looks like a lot of fun when you see kids bouncing around on a trampoline. But did you know they could be a huge liability? According to the website Insurance4USA, many insurance companies have a "trampoline exclusion."

Trampoline incidents are one of the leading causes of visits to the emergency room in the US. For this exact reason, many companies have placed “trampoline exclusions” in their policies to protect themselves from trampoline claims. This means if a homeowner has a trampoline and someone gets hurt on it, the company will not pay for damages. Thus opening up one’s personal assets to cover the damages or the legal defense costs associated with the claim. Companies with these exclusions don’t have a grandfather clause stating homes already with a trampoline are afforded the coverage. The exclusion applies across the board.

But with that tall net around the outside, they look pretty safe, right? The Consumer Products Safety Commission says that in 2001 there were close to 92,000 emergency room visits due to trampoline injuries, and most them of them occurred at private homes. 93% of the injuries involved children under the age of 15. With all trampoline exclusions, makes you wonder if any of them were covered by the homeowner's insurance policy.

So be forewarned, if you have a trampoline in your backyard, you may be in violation of your homeowner's policy. Even if they cover the first claim, that claim is likely to be your last as your insurance carrier may cancel your homeowner's insurance policy.

Originally posted at InjuryBoard by Sandy Grinnell

Fall Injuires at Shopping Areas and Theme Parks

Ed Normand — Tue, 06 Jan 2009 14:49:00 GMT

Recently we have seen tourists and other shoppers falling and getting hurt because outlet malls and even theme parks are not complying with the law by properly maintaining their public stores and parking areas. Some of these injuries are very severe and involve complicated fractures and surgeries. The tragic part of it all is that the injuries could be prevented if the stores would just follow the Florida building codes and comply with normal safety standards. For example, the building codes prohibit cracks and ledges on walkways that create trip hazards. Yet many times we see holes and other obstructions in sidewalks and parking lots.

To add to the problem store owners deliberately draw the attention and eyes of shoppers away from the floor and up to the shelves where they sell their products. While there is nothing wrong with this marketing method, it does create an extra duty of care on the store to keep the floor clean and unobstructed so that distracted shoppers will not trip.

In some cases a shop will leave trip hazards like cords and rope on the floor and then blame the customer for looking at the shelves instead of the floor. It is important to watch out for yourself but if you do fall you must take actions to protect yourself after the fall. Take photos of the area, contact witnesses and get the witness name and number. Many times the store or theme park will not record the identifies of witnesses that do not help them. Finally, contactg a lawyer who can work with experts that know the building codes and can look for the presence of code violations that caused the fall.

Originally posted at InjuryBoard by Ed Normand

Legionnaires Disease Contracted by Orlando Tourists

Ed Normand — Fri, 14 Mar 2008 16:14:07 GMT

The Orange County, Florida Health Department confirmed that two tourists were infected with the potentially deadly
Legionnaires' disease. The disease is caused by a type of bacteria known as Legionella. These bacteria grow in warm water sources, including swimming pools, spas, water tanks, plumbing containers and, most famously, in building air-conditioning systems.

A hotel in Orlando, near Universal Studios, voluntarily shut down while the Florida Health officials investigate the cause of the infection. The two tourists who were infected stayed at the hotel whose address is at 7400 Canada Avenue in Orlando, Florida. According to the Orlando Sentinel, State Health officials have not confirmed if the hotel was the source of the infection. Tests are being undertaken to determine if Legionella is present at the hotel. According to State officials, 175 cases of Legionnaires' disease were reported in Florida last year.

The disease does not spread from person to person that is why health officials are investigating the places where the tourists were staying when they likely contracted the disease. The disease is usually acquired when victims breathe in air that contains water infected with the bacteria. By way of example, a common way to get the infection is from breathing in steam from a spa with water that has not been adequately cleaned and disinfected. The disease can be deadly and in fact it is lethal in 5 to 30 percent of all cases. It is usually treated with antibiotics.

Originally posted at InjuryBoard by Ed Normand

Injuries at Orlando Area Theme Parks: First Quarter 2009

Ed Normand — Fri, 11 Sep 2009 09:13:20 GMT

During the first three months of 2009, Orlando area theme parks reported seven injuries - with six of those injuries occurring at Disney theme parks or water parks. In exchange for reporting injuries requiring a hospital stay of longer than 24 hours, Florida theme parks are exempted from State ride-safety inspections.

The injuries are as follows:

At Florida’s second-busiest theme park, Universal Studios Orlando, a 68 year-old man’s left arm went numb after he rode E.T. Adventure, a ride that invites you to "[bring the kids and board your flying bikes as you soar across the stars to help E.T. save his home planet."

At Disney World’s Magic Kingdom, four injuries were reported during the first quarter of 2009. First, a 75 year-old woman felt light-headed and nauseous after riding Space Mountain, where guests are "blast[ed] off on a journey into outer space . . . [and] feel the wind race across [their] face . . .." Next, a 56 year-old man experienced chest pain after visiting the Haunted Mansion, a "spooky tour of an ominous haunted house." Third, a 46 year-old woman lost consciousness after riding Snow White’s Scary Adventures, which warns riders that they "may need an extra dose of courage" and to "get ready for a journey through dark and creepy surroundings." Lastly, a 40 year-old woman broke her left ankle after exiting Astro Orbiter, which "takes [g]uests of all ages for a flight aboard a rocket-like spaceship . . .."

There were two other reported injuries at Disney during the first quarter of 2009. The first was a 59 year-old man who had chest pain after riding Spaceship Earth at Epcot, "a 16-minute omnimover ride through time and space for Guests of all ages . . .." Finally, a 67 year-old woman suffered a cervical injury after crashing near the end of Toboggan Racers, a 250 foot "waterslide race" at Disney’s Blizzard Beach.

Notably, there were no reported injuries at either SeaWorld Orlando or Busch Gardens Tampa Bay during the quarter.

The major theme parks are exempt from all State and Federal ride injury reporting requirements. The incidents reported above are based on a voluntary agreement between Florida and the big theme parks to report certain ride related incidents meeting only certain criteria. Therefore, there may have been many other injuries that the theme parks chose not to report that could be of interest to consumers before deciding to participate in a certain attraction.

Originally posted at InjuryBoard by Ed Normand

Slippery Shopping

Bruce Gibson — Tue, 27 Nov 2007 15:20:54 GMT

I never cease to be amazed at the number of stores that respond to spills or other dangerous conditions on their floor by simply throwing out a plastic cone and leaving it there. As if this is where their responsibility ends. How often have you asked someone to please clean up 'aisle 5' , only to be met with a blank stare....who me? Recently, it took me three attempts to get an employee to even respond to a spill (syrup) beside the check out aisle. I just wanted to make someone aware of a potential problem but unfortunately, the employee is unconcerned, or too busy, or it's not his responsibility. As a result of their corporate thoughtlessness, someone is often severely injured.

In a recent law suit against a local supermarket our elderly client fell and was badly injured when she slipped in an area in which a spill had recently been mopped up. The item my client came to purchase was on that aisle and despite how carefully she tried to walk in that area, she slipped and fell, suffering a fractured hip which required surgery. Yes, a 'wet floor' sign had been set out in the aisle, but why couldn't they simply have taken the time to wipe the floor dry, rather than leaving it wet and inviting customers to keep shopping? Thankfully, we were able to successfully address the store's poor practice and my client's injuries were acknowledged and she was fairly compensated by the jury. But it should not take a law suit to correct this constant threat of harm from slippery floors, inconspicuous wet spots, merchandise displays in the aisles, or on-going construction tools and materials. Such hazards are far too prevalent in store-front commerce but for now, it seems , it requires litigation to get them to acknowledge the problem.

In the meantime, continue to pursue the employees and/or the store manage , to address your safety concerns in and around their businesses. Afterall, it is you and me, the public, that they are inviting in, for their profit.

For more information on this subject, please refer to the section on Premises Liability / Slip & Fall.

Originally posted at InjuryBoard by Bruce Gibson

What is Premises Liability?

Staff Writer — Sat, 24 Feb 2007 03:45:24 GMT

Premises Liability, also known by many people as "slip and fall" (a term meant to be disparaging to the victims of property owners' negligence) refers to the condition of a property being unreasonably unsafe and at the risk of, or causing someone injury. For more information, see the premises liability section on InjuryBoard.com.

Originally posted at InjuryBoard by Staff Writer

Bork Settles Lawsuit

Diego Madrigal — Mon, 19 May 2008 07:27:00 GMT

Former Supreme Court Nominee Robert Bork has settled a million dollar lawsuit he had filed when he fell from a platform while giving a speech. This is noteworthy because Bork is a very conservative jurist who was actually a proponent of "tort reform" which has limited access to courts for many people. I find it funny that Bork, who I actually am a very big fan of, rallies against frivilous lawsuits until he is injured himself. Now, many people will probably say that Bork was legitimately injured, therefore making the lawsuit a legitimate one rather than a frivilous one. This is very true, but my response to those people is that a great majority, if not all, of the people myself, my firm, and other members of the plaintiff's bar represent are injured just as badly and legitimately, if not worse than Judge Bork.

Trial lawyers would be fools to bring frivilous lawsuits. Since the lawyers work on contingency fee basis, if they lose a case they get NOTHING. There is no greater motivator to making sure you only bring good cases than the thought of having worked hundreds of hours for free. It is a self-policing industry which I will explain soon on this blog.

It is my hope that people who rally against access to our courts come to the realization that this system of checks and balances and justice is what made our country great. Hopefully they realize this before they are the ones who are blocked from making a fair recovery in front of a jury of their peers.

Originally posted at InjuryBoard by Diego Madrigal

Should Businesses Have A Get Out Of Jail Free Card For Child Injuries?

Ed Normand — Thu, 19 Mar 2009 14:36:30 GMT

For many years businesses have required parents to sign forms before a child can participate in an activity. Usually the form-called a pre-injury release--is filled with legalese and the parents will not know what it is they signed until the child is hurt or dies. Then they realize that the form purports to release the business from all liability for death or injury to the child even when the injury results from the negligent or reckless conduct of the business. Further, the release works to free the insurance company for the business from any liability even though a premium was paid for liability insurance to protect and compensate the injured child in this very situation. Finally, the release is used to protect the business even when only one parent signs the release, and even when signed without the knowledge of or over the objection of the other parent.

Recently the Florida Supreme Court was asked to decide if a pre-injury release is valid to allow a business to escape all liability for its alleged negligent conduct that resulted in the death of a minor. The Court held that pre-injury releases are not valid as to minors involved in commercial activities. The Court astutely concluded that there is "injustice" to deny a child a right to legal accountability when the child is injured by the negligence of a commercial business just because one parent signed all rights away. It noted that pre-injury releases take away all incentive for businesses to use safety precautions. After all if a company can get out of responsibility by just having a parent sign a piece of paper that is a lot cheaper than training its employees or making sure the product or activity is safe to begin with. The Court carefully noted that the decision did not apply to non-commercial interests such as church or community groups, or school events.

Florida businesses, including the big theme parks, are lobbying hard right now to get the Florida Legislature to overrule the Supreme Court. They want a law that says one parent can sign away all rights of a child to recover from commercial for profit businesses even when the business is negligent or reckless and that negligence directly causes death or injury to a child. Florida legislators must decide if it makes sense to give a business a free ride to hurt our children and make a profit to boot.

It makes better sense to adopt a law that would that would make a pre-injury release valid as to injuries caused by the "inherent risk" of an activity. But if the child is injured from the negligent or reckless conduct of the business there would be no protection. An example is swimming with dolphins. If a dolphin knocks over a child, a business should not be responsible for that, however, if they drop a hot electrical wire into the tank and the child gets electrocuted then they would be liable. This is the compromise suggested by the Florida Justice Association. The theme parks are fighting this language. They and other businesses want absolute liability for all negligent and reckless conduct even when it directly injures or kills a child. They do not seem to consider that it will hurt Florida tourism if a child tourist is hurt or killed but, because of a signed paper full of legal mumbo jumbo, the business can hurt or kill a child with absolutely no recourse whatsoever. If the theme parks get their way, this will be a lesson soon learned by parents of residents and tourists alike. Is that how we really want Florida to treat our children and the children of our tourists that we invite to the State?

Originally posted at InjuryBoard by Ed Normand

Be Careful Where You Let Your Crocs Wander

Patricia Doherty — Tue, 25 Sep 2007 05:43:30 GMT

Do you or your children wear the comfortable Crocs? If so, be aware there are more and more reports of people, and especially children, getting thier Crocs or similar shoeware , caught in escalators or similar moving walkways. The Associated Press reports that the flexibility and grip that makes Crocs so popular is what puts the wearer at risk for entrapment to occur. Some of the injuries reported have included, a child's toe being ripped off, an child's toenail being pulled off and another child foot being gashed.

Some businesses are posting signs warning about the hazards of sandals and Crocs (or similar brand shoes) on moving stairs and walkways. In one retail store catering to children a sign is posted advising customers wearing flip flop sandals or Crocs to use the elevators.

SO be aware and be careful - a child should always ride an escalator with an adult, hold the adult's hand and stand in the middle of the step so the feet do not touch the sides or front of a step.

For more information on this subject, please review our section on Premises Liability / Slip & Fall.

Originally posted at InjuryBoard by Patricia Doherty