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Fort Myers tourist injury lawyerFederal job site safety regulators declined to fine an Orlando water park after closing an investigation into a series of electric shocks sustained by guests and workers earlier this year, but personal injury lawsuits could still be filed if any guests were hurt. Five lifeguards were reportedly hospitalized and several visitors were shocked, but media reports do not indicate anyone suffered a serious or lasting injury.

Florida theme parks are a significant draw in the Sunshine State, and owners/operators owe their guests a substantial duty of care to ensure they are not faced with unreasonable danger.

In this case, guests and lifeguards at Universal Studios’ Volcano Bay water park reported feeling the shocks – in the water and on the wet pavement near it – for hours before the park shut down.

The Occupational Safety and Health Administration (OSHA) concluded the danger arose from a  grounding rod that was mistakenly driven through an electrical conduit way back when the park was being constructed. This led to damage to the electrical wiring, resulting in an electrical current being fed through the ground – ultimately reaching water and wet ground surfaces. Electrical readings on the sidewalk’s edge of the water measured between 20 and 30 volts of electricity.

Even 2nd graders know water-plus-electricity is a dangerous combination. This can be true even at relatively low voltage. As explained by The Ohio State University’s Department of Physics, the body’s actual resistance to an electric shock depends on the point of contact (where on the body it happens) and the condition of the skin (whether it’s wet or dry). That is why a 75-volt shock can be just as deadly as a 750-volt shock. Continue reading

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Cape Coral bicycle accident lawyersDrunk driving has long been a serious problem on Florida roads, but increasingly, so is drunk bicycling. The National Highway Traffic Safety Administration reports alcohol intoxication was a factor in 37 percent of all deadly bicycle crashes in 2017. That includes both motorists and cyclists.

As our Cape Coral bicycle accident lawyers can explain, not only can bicyclists be arrested for DUI just like drivers, the fact of a bicyclist’s intoxication can hurt the chances of securing a favorable verdict or settlement in the event of a crash with a car.

That is not to say it is impossible for a cyclist to win a bicycle accident lawsuit if he or she consumed alcohol prior to a crash. Frankly, it can make for a tougher case resulting in a reduced damage award. It is a fact that can alter your attorney’s strategy during settlement negotiations and at trial, so it is important to be forthright with your lawyer early on when discussing your legal options. Continue reading

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Fort Myers medical malpractice wrongful deathA state appellate court in Lee County urged the Florida Supreme Court to revisit the question of whether a largely debunked “insurance crisis” still justifies limiting – or altogether prohibiting – damages to survivors in some medical malpractice wrongful death cases.

As our Fort Myers medical malpractice attorneys can explain, state law currently bars adult children from recovering any non-economic damages in wrongful death medical malpractice lawsuits. The effect of this is that a negligent doctor or hospital may be held liable to pay non-economic damages for a patient who lives, has minor children and/or a surviving spouse, but not if that same patient dies with only adult children as survivors. This raises equal protection of constitutional concerns.

The 2nd District Court of Appeal has asked the state high court to reconsider this, calling it “a matter of great importance,” after ruling it had no choice but to dismiss the wrongful death lawsuit filed by the surviving adult children of a woman who allegedly died as a result of medical malpractice. Continue reading

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Florida car accident lawsuitThe crash itself, into a palm tree after the driver lost control, should not have killed him. He had not even suffered any broken bones. But according to the South Florida car incident lawsuit, an alleged malfunction of the Model S Tesla’s doors meant there was no escaping the electric vehicle after the lithium battery ignited. First responders, finding no other way to extricate him, watched on helplessly. The anesthesiologist’s widow says he died from smoke inhalation. Now, she’s suing Tesla, on behalf of herself and their five children.

The retractable door handles are supposed to auto-present when a key fob is detected nearby, the lawsuit said. But this time, it did not. The door handles could not be accessed, rendering the car a “death trap.”

This is far from the first time a Tesla has caught fire. Our Fort Myers car accident attorneys anticipate that unfortunately, this will probably be far from the last wrongful death lawsuit with a similar fact pattern.

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If you suffer car accident injuries in a crash caused by another driver’s sudden health emergency – such as a seizure or heart attack – the claim can be impeded by a defense known as the “sudden emergency doctrine.”car accident injuries

As our Cape Coral car accident injuries lawyers can explain, the law expects drivers to conduct themselves with a certain degree of reasonable care. Failure to do so is negligence.

But the law also recognizes that emergencies can arise. The sudden emergency doctrine is a defense that can be raised for people who are confronted with some unexpected danger. If established, it can mean the defendant isn’t held to the same standard of care as they might otherwise be for their actions. Continue reading

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One of the top concerns an injury lawyer hears upon meeting with prospective clients is: How much will this cost me?

Most who have suffered a serious personal injury are hurting financially as well as physically – which is why they’re seeking compensation from the at-fault party  in the first place.Fort Myers injury lawyer

The good news is that with personal injury litigation, you won’t need to pay upfront. In fact, you won’t pay any attorney fees at all unless you win.

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It’s imperative when you take a personal injury case to court that you are not only doing so in the appropriate jurisdiction, but that you are applying the correct laws. Although it comes as a surprise to some, just because a case is litigated in Florida doesn’t necessarily mean Florida law should be applied.car accident lawyer

Generally, Florida law is applied to cases litigated in Florida. However, if an argument can be raised under the Choice of Law doctrine, the court can decide to choose to conduct a choice of law analysis.

As our Fort Myers car accident lawyers can explain, this can have a major impact on the proof burden or the remedies to which one is entitled. Some state standards are more relaxed, others more stringent. Sometimes, it’s federal law that must be applied. It’s necessary early on in each case to ascertain the appropriate jurisdiction – and choice of law – applied to all or any aspect of the case. Continue reading

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Not a month – or sometimes week – passes in Lee County where there isn’t a serious or fatal motorcycle accident. Florida in general has some of the most dangerous roads in the country – more than once noted by federal traffic safety regulators to have more deadly motorcycle crashes than anywhere else in the country.motorcycle accident lawyer

Because of their vulnerability in being openly exposed to the roadway, fixed objects and other vehicles, motorcyclists are 28 times more likely to die when they’re involved in a crash than occupants of passenger vehicles, according to the Governors’ Highway Safety Association.

By their very nature, motorcycles are less crash-worthy than closed vehicles. They are also less visible to other motorists and offer less stability than four-wheeled passenger vehicles. Further, motorcyclists and any passengers they carry are more vulnerable and exposed to the elements and road conditions than the average driver. This is why operating a motorcycle needs some combination of both physical and mental skills – and special licensing. Continue reading

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Cape Coral drunk driving injury lawyerAn alleged drunk driver who fled from the scene of a deadly crash in Sarasota this spring was arrested on charges related to the crash, including DUI manslaughter and leaving the scene of crash with death and serious bodily injury, as well as unrelated drug trafficking charges.

Authorities believe alcohol was a key factor in the crash, which killed a 70-year-old woman and critically injured her infant grandson. The driver suspected of DUI, as well as another motorist, sustained minor injuries.

As our Cape Coral DUI wrongful death lawyers can explain, criminal charges aren’t the only course of legal action available to victims of DUI accidents.
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Cape Coral pedestrian accidentFirst, the good news: The Cape-Coral-Fort Myers metro area is no longer ranked No. 1 as the most dangerous place to walk along the roadside. But cause for celebration is tempered, as our Cape Coral pedestrian accident attorneys can explain because this area still ranks No. 8 out of 20. Further, 8 of the top 10 most dangerous communities are in Florida. Nine of the top 10 were in the Southern U.S.

The latest Dangerous by Design report from Smart Growth America reveals that nearly 50,000 pedestrians were struck and killed by motor vehicles in the decade prior to 2017. Of those, more than 11 percent – 5,433 – happened in Florida (home to 6.7 percent of the U.S. population), with nearly 148 of them in Lee County alone.

Smart Growth America has been indexing pedestrian danger for years, and Florida’s roads have always been perilous. The Pedestrian Danger Index (PDI) factors how many pedestrians were killed by drivers, weighted against the population of each metro area and the percentage of people who commute to work on foot. Continue reading

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