Orlando Personal Injury Blog

One teenager was killed and five others seriously injured after an car accident on I-95 in Brevard County last week. The crash happened in Melbourne near the Pineda Causeway, and the van was carrying six teens who were traveling back home after winning a basketball tournament. The van blew a tire, hit another car and turned over several times. Brandon Fritz, 15, a student at Eau Gallie High School, was ejected from the vehicle and killed. Read the rest »

A man from Martin County was struck and killed recently during a boating event in Lake County. Fifty-three-year-old Mark Van Winkle and a woman, Lorraine Moody, were ejected from their boat while participating in the Classic Race Boat Regatta on Lake Dora in Tavares, according to Joy Hill, spokeswoman for the Florida Fish and Wildlife Conservation Commission. It has been reported that the event is not a competition but a showcase for vintage boats since none of the vessels can legally race. It was the sixth annual event, which attracts 8,000 to 10,000 people including spectators, vendors and participants who are all eager to kick off the boating season. Read the rest »

A church van and six other vehicles were involved in an Orlando multiple vehicle accident that sent eleven people to area hospitals Wednesday morning. The crash occurred on West Colonial Drive near Paul Street. One of the victims was rushed to the hospital in critical condition, and the others suffered non-life threatening injuries. The eastbound lanes of West Colonial Drive were shut down for more than an hour after the accident so that crews could clear the scene. Read the rest »

National Transportation Safety Board (NTSB) investigators recently finished looking into a fiery aviation accident that killed four people in November 2010. In their report, the NTSB cited errors made by the pilot and a certified flight instructor that led to the crash at Palm Beach International Airport. The NTSB report stated that the Piper PA-44 Seminole bound for Melbourne from the Bahamas crashed nose first into the runway right after takeoff around 6:05 p.m. on November 11, 2010 and subsequently caught fire, killing all four people aboard. All the victims were either employed by or attended the Florida Institute of Technology’s FIT Aviation School near Melbourne.

The report said that the crash was caused by "the failure of both the pilot and the certified flight instructor to ensure that the left fuel selector was in the on position for takeoff" and "their failure to follow the proper procedures when the left engine lost power shortly after takeoff."

The NTSB determined that these two errors led to engine failure and the inability to control the aircraft. Pre-flight checklists require that both fuel selectors be switched on during takeoff. The accident investigation revealed that the left fuel selection lever and the fuel selector valve were both in the off position when the plane took flight that day. If proper preflight protocols are observed, the aircraft’s fuel selector is supposed to be switched from the on position to the crossfeed position while the aircraft is taxiing. Just before takeoff, the checklist states that the pilot is supposed to move the fuel selector from the crossfeed position to the on position.

Shortly after takeoff, the pilot radioed the air traffic control tower that her aircraft was experiencing engine failure and that she needed to turn around and land as quickly as possible. NTSB investigators found no evidence of mechanical malfunction or failure during their investigation.

We tend to take air travel for granted these days, and safety protocols like the checklists mentioned above as well as proper aircraft maintenance schedules and other safety measures help ensure that air travel is safe. However, not all aircraft owners place passenger safety above all other concerns and sometimes cut corners to save money. That does not appear to be the case in this unfortunate accident, but it does happen, and when it does, victims and their families deserve effective and experienced legal representation. If you or a close family member has been injured in an aviation accident and you would like to learn more about your legal options, call Orlando aviation accident attorney James O. Cunningham today at 888-425-2004 or 407-425-2000. Mr. Cunningham has been using his skills and experience as an Orlando personal injury lawyer to help injured people since 1977 and works hard to ensure that his clients receive the fair and just compensation they deserve.

A series of articles published in recent months in the Miami Herald have shed light on elder abuse occurring in many state-run assisted living facilities, and it appears that Florida lawmakers are taking steps to toughen oversight of these facilities. The newspaper found that elder abuse is rampant in state facilities, often with little or no repercussions for the at-fault parties or the state agencies responsible for oversight. Orlando personal injury lawyer James O. Cunningham was alarmed to learn of the abuse in many state nursing homes and applauds Florida legislators for the recent passage of committee bills 7176 and 7174.

If made into law, and that seems increasingly likely, the bills will transform the state’s oversight of state-run homes from one of the worst in the country to possibly the toughest. Some lawmakers are calling for the closure of the state’s worst nursing homes where some residents have died from negligent care and banning the caretakers responsible for the abuse from ever working in these facilities again. Two Senate committees recently announced the bills, following the Miami Herald articles that detailed the dangerous squalor that frail elders were subjected to in some of the worst facilities.

Sen. Nan Rich, a Weston Democrat and Vice Chair of the Children, Families and Elder Affairs Committee voiced her outrage at the reports, saying, "[The state] wasn’t doing its job. They were not enforcing the regulations, and not closing down facilities that didn’t correct the violations and abuse."

If passed, the bills will improve oversight and implement mandatory penalties in fatal neglect incidents. The bills would also create a public ratings system based on each facility’s regulatory history. In addition, the bills would remove some of the powers of the state’s Agency for Health Care Administration, which has faced sharp criticism for failing to close or penalize facilities with records of poor patient care.

Florida is home to many seniors who rely on state- and privately-run facilities to provide their day-to-day needs. While many assisted living facilities place the needs and welfare of the people under their care above all other considerations, the sad fact of the matter is there are other facilities that do not. These negligent facilities fail to provide the level of care their patients deserve, and this abuse results in deteriorating health conditions, sharply diminished quality of life and other unacceptable conditions. If you know or suspect that someone in an assisted living facility is suffering from abuse, you owe it to him or her to report it to the local police department. If someone in your family has suffered some type of elder abuse at home or in a nursing home and you want aggressive and experienced legal representation, call James O. Cunningham today at 888-425-2004 or 407-425-2000. Schedule a free consultation today to get an Orlando elder abuse attorney with more than 35 years of experience on your side.

Legoland Florida is a newcomer to our state’s crowded amusement park scene and is located in Winter Haven. The new amusement park recently announced that there were six accidents during the first ten weeks since the park opened. Fortunately, none of the accidents resulted in serious injuries for the guests, but the news shed some light on amusement park incidents at Florida theme parks that sometimes get overlooked in the news. Orlando personal injury attorney James O. Cunningham has first-hand knowledge of amusement park accidents. He and other Orlando amusement park accident lawyers help ensure that our state’s many theme parks take guest safety seriously by raising awareness about lapses in safety measures and maintenance protocols that endanger guests and workers.

In Florida, major theme parks such as Legoland Florida are required to report any ride-related accidents that result in a guest being taken to a hospital for treatment lasting 24 or more hours. These reports are monitored by the Florida Bureau of Fair Rides Inspection, which receives quarterly reports about accidents from nearly all Florida amusement parks. The Bureau recently released its list of reports for Legoland for the last quarter of 2011, which included the following incidents:

• A woman cracked a rib while riding the Aquazone Wave Racers ride.
• A five-year-old boy injured his foot when it became stuck between his vehicle and the unloading platform as he tried to exit the Lost Kingdom Adventure before the ride had stopped.
• The shoulder of a 43-year-old woman "popped out of place" as she rode the Coastersaurus roller coaster.
• A six-year-old boy suffered a facial injury when he was struck by a gate at the Dragon Coaster.
• A 15-year-old girl suffered a foot injury when she placed it outside her vehicle and it got caught between two vehicles on the Dragon Coaster.
• A 44-year-old man slipped and hurt his back during an evacuation from the Technic Test track ride.

Thankfully, most of these injuries appear to be relatively minor, but many guests at Florida theme parks are not so lucky and suffer serious, even fatal, injuries on rides that are supposed to be thrilling but safe to enjoy. Since 1977, Orlando personal injury lawyer James O. Cunningham has represented people injured in amusement park accidents, and he has a proven record of success in these cases. If you or a loved one has been injured in a theme park accident and you would like to learn more about your legal options, schedule a free consultation today by calling Mr. Cunningham at 888-425-2004 or 407-425-2000.

York International has issued a recall for nearly 226,000 gas furnaces for manufactured homes made by Unitary Products Group (UPG) due to fire concerns with some models. The furnaces affected by the recall were sold under the Coleman, Coleman Evcon and Red T brands and were subject to a similar recall in 2004. York has said that some models are prone to overheating, which can cause the heat exchanger to crack, creating openings that can allow flames to reach the outside of the furnace. The company reports that if this occurs, drywall, paneling and other nearby combustibles can catch fire, which poses a serious fire and smoke hazard to anyone living in the home.

The furnaces affected by the recall are silver with white access panels and feature front access panels with emblems that say "Coleman," "Coleman Evcon" and "Red T." The models affected by the recall include these:

• DGAM075BDD
• DGAM075BDE
• DGAM075BDF
• DGAT070BDD
• DGAT070BDE
• DGAT070BDF
• DGAT075BDD
• DGAT075BDE
• DGAT075BDF
• DLAS075BDD
• DLAS075BDE
• DLAS075BDF

Homeowners and renters who suspect that their furnace is affected by the recall can find the model number written on a faceplate. They will need to remove both front access panels and look for the faceplate mounted on the left inside surface of the lower panel. These models were sold and installed in homes across the United States between 1995 and 2000 as original furnaces and replacement furnaces in manufactured homes.

Homeowners and renters who live in manufactured homes with recalled furnaces should stop using the furnace immediately until after the unit has been inspected and repaired or replaced. UPG has acknowledged at least 393 incidents involving the recalled furnaces, some involving extensive property damage. Anyone living in a home with a recalled furnace can schedule a free inspection and repair by calling UPG at 888-665-4640 between 8 a.m. and 5 p.m. CST Monday through Friday.

Given the number of manufactured homes in Central Florida, Orlando personal injury lawyer James O. Cunningham is concerned about how many Floridians are at risk for serious injury from fires caused by these defective furnaces. In well over three decades practicing personal injury law, he has seen many defective products cause people serious, even fatal injuries, and he has a record of success helping injured people receive compensation through court awards and settlements. If you or a loved one has been injured by a defective product and you have questions about your legal options, call 888-425-2004 or 407-425-2000 to schedule a free consultation. Before you sign anything offered by the at-fault company or their legal representatives, call Mr. Cunningham and have the documents reviewed by an experienced Orlando personal injury attorney.

Orlando personal injury lawyer James O. Cunningham and other attorneys throughout Florida will be monitoring news out of Tallahassee this coming February when lawmakers are expected to vote on a bill in the Florida House that would abolish a dangerous dog ordinance in Miami-Dade County. Florida’s current dangerous dog law was passed in 1990 and allows local governments to take appropriate action against dogs deemed dangerous after a complaint is made and served on their owners. Owners can appeal the dangerous dog classification in county court and, depending on the county’s ruling, may be required to register animals with their county’s animal control department. If an animal’s actions warrant it, the county can issue an order to have the animal impounded and/or destroyed.

The current law prohibits local governments from regulating specific breeds of dogs, but bans on pit bulls and other breeds with reputations for aggressiveness in Miami-Dade County and several municipalities were allowed to continue, as they were in place before the law went into effect. County lawmakers passed the Miami-Dade ban in 1989, after a pit bull viciously mauled an eight-year-old girl, leaving her permanently disfigured.

The proposed bill slated for review in February would abolish longstanding bans on pit bulls and other dangerous dog breeds in Miami-Dade County and other locations in Florida. Mr. Cunningham and other personal injury attorneys in Central Florida hope that legislators veto the bill and allow local ordinances to continue keeping residents safe from dangerous dog breeds.

Mr. Cunningham has been helping people injured in dog attacks since 1977 and fully endorses any laws that ban dog breeds with reputations for aggressiveness and unprovoked attacks. He knows very well that young people and the elderly are especially likely to be seriously injured by pit bulls and other dangerous dog breeds, as he has successfully helped them seek damages against negligent dog owners. These damages help injured people cover hospital care, expensive plastic surgery and lost wages, and they compensate them for pain and suffering and other costs caused by attacks. If you or a close family member has been injured in a dog attack and you would like to explore your legal options, call Mr. Cunningham at 888-425-2004 or 407-425-2000 to schedule a consultation. Call today to get an experienced Orlando personal injury attorney with a proven record of success in these cases on your side.

Defective metal-on-metal artificial hip implants are rapidly becoming the largest medical implant failure in years. The failure rate of these implants, the tens of thousands of patients who will need to have these implants surgically replaced, the costs of replacement and the scale of litigation involved all make this a very serious situation for taxpayers, who may be on the hook for billions in the coming years. Orlando personal injury lawyer James O. Cunningham has been following this story closely, as many people in Central Florida have had these devices surgically implanted in recent years before government investigations led to massive recalls of these implants.

A case involving a metal-on-metal hip implant patient in Illinois illustrates the hardships that these patients must endure through no fault of their own. The 55-year-old man had to spend five months in 2011 stuck in a recliner in his home unable to move due to complications involving a recalled artificial hip. In August of last year, he underwent replacement surgery to remove the defective implant and replace it with another model, but his pelvis fractured soon after the surgery. The fracture resulted in doctors having to abandon the replacement hip, and the patient suffered a serious infection. This one incident resulted in massive healthcare bills, including $400,776 in hospital expenses and over $28,000 in doctors’ bills.

These hip implants were supposed to last 15 or more years, but doctors and patients are now finding that these devices are failing in just a few years. Making matters worse, these implants tend to release tiny shards of metal as they fail, resulting in degenerative conditions that impair patients’ quality of life and threaten their health. Surgeons perform around 250,000 hip replacement surgeries in the U.S. each year, and around 500,000 Americans received a metal-on-metal artificial hip before they were recalled.

Orlando personal injury attorney James O. Cunningham would like to remind his readers that these recalled devices were manufactured and sold by several different corporations. Many of these corporations have contacted implant recipients and offered to pay for the costs of having them replaced. Mr. Cunningham cautions readers that signing these documents may result in having the defective implant replaced, but it will also likely prevent them from seeking damages for the additional health problems caused by the defective products. If you or a family member has received a metal-on-metal hip implant and you would like to learn more about the recall, your rights and legal options, call Mr. Cunningham today. He has law offices conveniently located throughout Central Florida, and you can schedule a free and confidential consultation by calling 888-425-2004 or 407-425-2000.

The investigation continues into a pileup that has killed ten people and injured several others. The crashes occurred on a stretch of I-75 near Gainesville, FL late Saturday, January 28 and early Sunday, the 29th. It has been reported that wreckage was strewn along the road for about a mile, and the highway was closed for hours. One survivor said that the scene looked “like the end of the world.”

It appears that a patch of fog in addition to smoke from a 62-acre fire that started Saturday in Paynes Prairie, a wildlife area near the highway just south of Gainesville, resulted in extremely low visibility for drivers. A spokeswoman for the Florida Forest Service said that it was unknown how the fire started. Sadie Darnell, Alachua County Sheriff, reported that the first deputies to arrive on the scene were only able to see a few inches in front of their faces due to the smoke, fog and darkness. Rescuers could only listen for the screams of victims. At least 12 passenger cars and seven big rigs collided in both the northbound and southbound lanes of I-75. People with injuries went to Shands Hospital, and authorities hope to release the names of the victims Monday.

If you’ve been injured in an auto accident, it’s important to contact a skilled personal injury lawyer who can help you build a case and establish the at-fault party in the accident. Orlando personal injury attorney James O. Cunningham has been helping injured people since 1977, and he can help you get the compensation you need to cover medical bills and time away from work as well as other expenses. Call 888-425-2004 or 407-425-2000 today to schedule your free consultation.