Florida Injury Lawyer Blog

Many of us associate slip and fall injuries with wet winter months, but in fact the summer can pose a number of tripping hazards:

1) Overgrown plants, weeds, and hedges. Trailing weeds and plants can be a slip and fall hazard and can lead to serious personal injuries such as head injuries, broken bones and other serious problems. Always keep plants well cut and make sure that walkways, stairs, and sidewalks are clear.

2) Wet leaves. Wet leaves and grass cuttings quickly become slippery and dangerous. After raking or mowing your yard, always store leaves and cuttings in a compost pile or in a plastic bag for disposal.

3) Fresh paint on sidewalks, walkways and stairs. Fresh paint is surprisingly slippery, especially on asphalt. Place “wet paint” caution signs around a freshly painted area and as soon as the area is dry add no-slip strips.

4) Repair work. Summer is often the time when we repair decks and the exteriors of our homes. Unfortunately, the process can mean that bits of debris, tools, and other tripping hazards end up on our yards. If you are having repair work done, make sure that you select an insured, responsible company. If you are doing some DIY work, carefully clean up after your work is done for the day. Place signs around the affected area, warning visitors of the construction being done.

5) Evening get-togethers. Evening barbeques, parties, and events bring visitors to your home. However, to keep your visitors safe you need to make sure that sidewalks and walkways are clear and well-lighted. You also need to keep evening pests to a minimum. If you serve alcohol, make sure that each of your guests can get home safely.

6) Toys and tools left outside. Children playing outside often leave toys outside. Adults will sometimes leave books, tools, and other items on a lawn or in a yard. Get into the habit of regularly picking up items left outdoors. Create an activity area away from sidewalks and walkways, if possible, where toys and tools can be used.

7) Gardening. Gardening poses a number of tripping hazards. Newly-dug holes for plants and plant beds can pose a tripping hazard, as can garden hoses, small decorative pots placed by walkways and even small plants. Even garden gnomes, stepping stones and small stone decorations can cause tripping. When gardening, keep walkways clear and always clearly mark new holes or dangers in your yard.

In the summer, the heat can be a serious cause for concern. While most of us are happy to see more sunshine and nice weather, the high temperatures that are common in a Florida summer can be a serious hazard, especially to the young and the elderly. Very hot summer days can cause heat stroke, sun stroke, skin blistering, dehydration, and even death. Here’s how to stay safe this summer:

1) Never leave an elderly person, a child, or a pet alone in a car. Even with the windows open slightly, the heat inside a car can climb rapidly in just a few minutes. Being left alone in a car on a hot day is a common injury to children and children have died after being left alone in a car on a hot day.

2) Burn injuries are common in the summer. Keep in mind that seat belt buckles, playground equipment, toys left outdoors, car seats, chair surfaces, tables, and other items left outdoors can be hot enough to burn.

3) Know the signs of heat distress. Red, dry, and hot skin with no sweat is a sign of heat stroke, as is a high body temperature, strong pulse, headache, nausea, dizziness, and confusion. Anyone who appears to be in distress or who feels unwell because of the heat should get medical help immediately.

4) Stay hydrated. Even if you are not thirsty, sip water throughout the day. You may be dehydrated even if you show no symptoms. Keep in mind that caffeine and alcohol can cause you to become more dehydrated. If you drink caffeinated or alcoholic drinks, drink more water or avoid caffeinated or alcoholic drinks completely on very hot days.

5) Make sure you and your loved ones wear sun block. A sun block, hat, and sunglasses all offer protection from the heat and sun. If you are sensitive to the sun, consider staying out of the sun between the late morning and early afternoon, when the sun’s rays are at their strongest. Also, check your medications. Some medications make you more susceptible to sunburn or heat-related illness.

Each summer, almost 3 million emergency room visits will be made involving children ages 14 and under who have sustained a serious injury due to pedestrian accidents, car accidents, trips and falls, and other incidents. Many emergency room staff are actually preparing for the summer season, sadly expecting to see more children in the emergency room. Experts predict that about 2000 children will die due to preventable injuries during the summer months.

To keep your children safe and healthy this summer:

1) Practice active supervision at all times. Active supervision means that adults and parents are not only present, but are also fully engaged in watching children during their summertime activities at all times. This means that the adult supervisors are not reading, talking on the phone, or taking part in other activities. The supervisor is alert to any possible dangers at all times, and ready to act quickly in the event of an injury.

2) Practice pool smarts. Pools pose a serious drowning hazard for children. If you have a small, pool, or hot tub, you need to have a sturdy gate and a fence around the pool that is at least 4 feet high. Your pool or hot tub should have a safety valve and release as well as a drain cover that has an anti-entrapment device or feature. Many people feel that inflatable pools do not pose a danger, but they're just as dangerous as full-sized pools. They need to be surrounded by a fence or emptied out completely when not in use. Even small inflatable pools have enough water for a child to drown.

3) Give your kids the right gear for their summer activities. Helmets for sports and bicycling, for example, can help prevent brain injuries. If you will be traveling with your child this summer, make sure that they have a booster seat or car seat. To prevent boating accidents, make sure that your children have a well fitted life jacket at all times when you are on your boat.

4) Stay safe on the playground. If you have your playground at home, make sure that there's at least 12 inches of soft surfacing -- such as sand, mulch, shredded rubber, or another synthetic product -- at least 6 feet around all equipment. No matter what playground equipment your child is playing on, make sure that your child is not wearing any drawstrings or any hoods that can pose a choking hazard.

4) Take a look around your home and property. Remove any poison or toxic material from your home. If you have cleaning products, for example, place them in a secure and locked cabinet. Outside, remove poisonous plants, pool chemicals, and pesticides from any area where children have access.

5) Always check your car and walk around your car before locking it. Each summer, up to six children die because they're left unattended in a hot car. A car can become warm enough to seriously injure or kill a child in just minutes on a hot day, and even on overcast or mild days, temperatures inside a car can be dangerous to a child's health.

In the summer, when many of us have our pools open, pools can pose a serious danger as well as a property liability issue. Pools lead to serious personal injuries and drowning. An incorrectly maintained or inadequately supervised pool can lead to brain injuries, spinal cord injuries, broken bones, and even fatalities. In addition to keeping your pool clean and inviting, you'll want to take steps to avoid pool accidents at your home.

Pool drains that resist UV degradation can pose a hazard because they create suction that can entrap children underneath the water, causing them to drown. It is important to install anti-entrapment devices on the drains to prevent body parts and hair from becoming trapped. In addition, properly sized drain covers are a must in order to keep drains clear and to prevent injuries.

If you have children, teach them not to play near the pool without adult supervision, and make certain that they do not remove drain covers or pool covers. Even if you take every precaution, you need to make sure that your children aren't inadvertently creating hazards in the pool area. If your child removes a drain cover, for example, someone could be injured and you could face many legal problems. Adult supervision should be available at the poolside any time someone is swimming and any time children are near the pool.

When no one is using your pool, make sure that you have a good pool cover covering the entire surface of the pool. If there's any standing water on the surface of a pool cover, it is good to remove this excess water. Small children can drown even in the small amount of water that can gather at the top of the pool cover. Before you swim again, make sure that you remove the pool cover completely.

It is important to surround your pool, hot tub, or spa with a good fence. The fence should be at least 4 feet high and should completely enclose the spa or pool to prevent anyone from entering your property and inadvertently harming themselves in the pool. The gates in the fence should have a self-latching mechanism and should be locked for your complete protection.

The first lawsuit stemming from the recent outbreak of the H1N1 virus (commonly called the swine flu) has been filed. The wrongful death claim has been filed by Steven Trunnell, the husband of Judy Trunnell. Judy Trunnell was the first American to die from the virus and her husband is suing Smithfield Foods. That US company owns the pig farm in Mexico where the recent outbreak is thought to have originated.

Trunnell underwent a caesarean section a few days before her death and delivered a baby girl. A few days later, May 5, she was admitted to hospital and she never recovered from the flu symptoms which lead to coma and death.

One issue in the suit may be whether Trunnell had health problems before her death. Her husband claims that she enjoyed “excellent” health while health officials have reported that Trunnell suffered from “chronic” health problems, which played a role in her death. The CDC eventually amended its claims to assert that Trunnell had mild asthma and psoriasis. Trunnell’s husband claims his wife did not have asthma, but was prescribed an inhaler once for a cold. Trunnell’s husband initially contacted an attorney because he was concerned about the inaccuracies reported by health authorities to the media about his wife.

Steven Trunnell has filed a petition in Cameron County’s state district court. The petition requests permission to gather more information about Smithfield Foods to determine whether a wrongful death claim is legitimate. Steven Trunnell and his attorney allege that overcrowding and poor conditions at the Veracruz, Mexico pig farm owned by Smithfield Foods created a breeding ground for the virus. Smithfield Foods, a $12 billion company, has stated that their pig farm does not have a negative impact on the health of the surrounding communities. Some health officials have questioned whether the H1N1 virus originated at the Veracruz, Mexico pig farm.

Steven Trunnell’s case may be one of many, especially if his petition is granted and his attorneys are allowed to question Smithfield Foods employees and other relevant parties to gather information and evidence. So far, there have been three deaths in the US, but the HINI virus has wreaked havoc with tour operators, travel businesses and even small businesses who have had employees travel to Mexico.

In fact, many businesses are worried about the legal impact of the H1N1 virus. Many worry that if a sick employee infects others in the workplace, the employer will be held at least partially responsible. Many employers are concerned about creating a safe workplace and are supplying disinfecting wipes and hand sanitizers. Other employers are wondering how to discourage sick employees from coming in to work and are wondering about sick time policies and the H1N1 virus. Since the virus originates in Mexico, some employers are also worried about discrimination lawsuits if they ask employees from Mexico who have recently visited their native country to stay home. It is also possible that the virus will create some headaches with workers compensation when some ill employees file claims.

According to most experts, the summer season means more personal injuries resulting from playgrounds and playground accidents. Playground injuries can range from simple bumps and scrapes, to serious head injuries, spinal cord injuries, broken bones, and even fatalities. Each summer, many children visit emergency rooms as a result of injuries incurred on playground equipment.

There are many ways that injuries can happen at the playground. Loose clothing can become caught on monkey bars or other playground equipment, posing a choking hazard or trapping a child. Children can easily fall from slides, ladders, and other equipment on the playground. Even with a soft cushion around the equipment, injuries can result. Children can also bump into the wood and metal that most playgrounds are made from, harming themselves.

Germs are another major concern at most playgrounds. According to research conducted in 2007 by ABC News, 59 of 60 playgrounds researched had harmful bacteria on playground equipment. This bacteria could lead to infections and illnesses. Many parents do not think about wiping playground equipment before a child uses it, but it can be a good precaution. At the very least, have wipes handy so that your child can wash their hands after playing on the equipment -- before he or she eats a snack.

Since playgrounds often contain many germs, it becomes important to disinfect any wounds that develop at the playground. A simple scrape can tale a long time to heal if it is exposed to bacteria from playgrounds. Disinfectant wipes, antibiotic cream, and good washing are all important when treating minor injuries at the playground.

One major problem with playground injuries is that parents are less prepared for them. While at home many parents have a first aid kit and easy access to a telephone in order to call for help in the event of an injury, at a playground these items may not be so handy. It is a good idea for families to carry cell phones so that they can call for help in an emergency. It is also a great idea to have bandages and antibiotic ointment on hand in the event of a bump or scrape at the playground.

It is important for parents to check the safety of playgrounds in their area. All playgrounds should have a soft surface such as sand, shredded rubber, or another surface, that is at least 12 inches deep. This soft surface should extend well beyond the edges of all equipment. Playground equipment should be well constructed, sturdy, and in good repair. Unsafe playgrounds should be reported at once to the municipality where you live.

Many people assume that bicycle accidents are “too small” to require an attorney. This is, in fact, incorrect. Bicycle accidents cause fatalities each year as well as serious injuries, including brain injuries, broken bones, and spinal cord injuries. Even minor accidents can severely affect a bicyclist’s life. If you have been in a bicycle accident, a qualified Florida personal injury attorney can:

1) Help you understand your legal rights. Many bicyclists do not fully understand their rights if they have been struck by a car. Unfortunately, many motorists and some authorities blame bicyclists for accidents involving cars, even when a driver was at fault. An attorney can ensure that you are not blamed for an accident that was not your fault.

2) Help you get the assistance you are entitled to under the law. Even if you have been in a relatively minor accident, you may have to pay many costs stemming from the incident. You may have hospital and doctor bills, you may have lost income, and you may need to replace your bicycle and other personal property. If you have been in a serious accident, you may need surgery, physiotherapy, and additional assistance. Without legal help, you might have to pay many of these costs out of pocket. An attorney can ensure that you get help to pay for these costs.

3) Help you negotiate with car or homeowner insurance. Insurance providers sometimes offer very low amounts to bicycle accident victims, even when victims have suffered serious injuries or expect to incur high medical costs as a result of their accident. An attorney can negotiate on your behalf so that your claim is handled quickly and fairly.

4) Find answers about what really happened. An attorney has access to investigators who can gather evidence about an accident and can help determine liability. If you have been blamed for an accident, especially, it is useful to get legal help to find out what really happened. If you think that a driver’s negligence caused an accident, getting legal help can ensure that you get the answers you need.

5) Help you get the best quality of medical care. Without legal help, you may not be able to afford optional treatments that can help you recover from your accident more fully. An attorney can help ensure that you can get these treatments.

Many homeowners in Florida and across the country are worried about whether they have Chinese drywall. Some drywall made in China has been found to be tainted, or made with products that emit sulphide gases such as hydrogen sulphide gas, which is toxic. Some homeowners have reported that the drywall corrodes pipes and wiring, causing problems with appliances and key home systems.

Worse, some experts believe that the Chinese drywall releases dangerous chemicals into the air, which can cause serious illnesses and health problems. Homeowners who have been exposed to Chinese drywall chemicals may experience fatigue, shortness of breath and other breathing problems, dizziness, headaches, sleep problems, and eye irritations. It is believes that 100 000 homes across the country have Chinese drywall. Some media reports have suggested that 10-million square feet of the tainted Chinese drywall was brought into parts of Florida. Experts estimate there are 35 000 homes in Florida affected by the problem drywall.

While recalls of China-made products have been in the news for the past few years, there are several facts about the Chinese drywall problem that make it particularly worrying. There is no recall that can easily fix the drywall problem. Many homeowners affected by the problem cannot simply remove the drywall without tearing down substantial parts of their homes. Worse, ascertaining whether there is tainted drywall present is difficult without taking apart walls.

In early March, a lawsuit was filed against the Knauf Plasterboard Tianjin Co. Ltd. of China and against WCI, a builder. Other companies and contractors have been named in product liability suits stemming from the tainted drywall scandal. Unfortunately, manufacturers of the drywall have denied any problems with the product and have denied that any personal injury can result from the drywall. Some companies involved in the lawsuit —such as WCI – have simply filed for bankruptcy, which means that homeowners may have a difficult time getting a settlement or a resolution.

The tainted Chinese drywall was likely first imported into the US in 2005. That year, a housing boom meant that US-made supplies and drywall were not readily available. By late 2008, homeowners first began to learn that their drywall might be tainted. Research is still being done to definitively link tainted drywall to homeowner health problems. Toxicologist Patricia Williams of the University of New Orleans has been doing preliminary research and has found that there does appear to be a link between the drywall and some troubling symptoms, such as sinus irritation, bleeding noses and skin rashes.

Homeowners who are worried about Chinese drywall in their homes might want to look for some common signs of the problem drywall. The drywall has been reported to give off an odor similar to rotten eggs. Also, homeowners with the drywall have reported that air-conditioning evaporator coils corrode very quickly and must be replaced. Some homeowners also require wiring repairs and pipe repairs in homes that are not very old. Inexplicable wiring, air conditioning and pipe problems can be a sign of Chinese drywall problems.