A Not So Safe Ride: Beware of Escalators and Elevators

Elevator and escalator accidents may not be a hot media topic but serious catastrophic injuries related to these electric vertical transporters are occurring everyday.  Malfunctions, sudden drops or stops, shaft fires, slips, trips, shoelace or garment entanglements, uneven thresholds, and unexpected door openings are only a few of the dangerous incidents related to escalators and elevators. Elevator/escalator installers, repairmen and maintenance men are at the most risk for danger due to their repeated mechanical service calls. Some common injuries they along with other passenger accident victims may experience include sprains, strains, fractures, cuts, head trauma, depression, burns, amputation of limbs, paraplegia, quadriplegia, nerve damage, facial paralysis and even death. 

Without even knowing about the numerous dangers, many people have a fear of riding on these modern day lifts and with great reason! An elevator accident is often the result of neglect, lack of maintenance or faulty design or installation. Unfortunately, the accident may even be due to a dishonest maintenance company. Some companies and repairmen will lie about the frequency or accuracy of their maintenance and inspections in order to get paid for a day of work, without actually doing anything at all. If their inaction results in an injury, the company will be at fault. There are typically three parties that may be responsible for an escalator or elevator injury: the person or company that owns the property; the company that makes the elevators; or the person or company that maintains the device. 

If you or a family member have been hurt or injured in an elevator or escalator accident, call attorneys Gonzalez & Cartwright at (888) 888-3903 for a free consultation. Visit www.gonzalezcartwright.com for additional information.

Cheerleading Dangers…What You Need To Know!

Today, cheerleading is considered one of the most dangerous sports our youth can become involved in. Unbeknownst to the many spectators and admirers mesmerized at the sophisticated tricks, acrobats and air tossing stunts performed by bright smiling "flyers," the sport of cheerleading is the leading cause for catastrophic injury and disability afflicting 50% of young female athletes on both the high school and college level.
 

While having to generate enthusiasm and excitement for their teams, many cheerleaders experience horrific and devastating falls from up to 15 feet in the air during risky flips and high flying performances. According to the National Center for Catastrophic Sport Injury Research, in 2007 there were over 30,000 cheerleaders who had to go to the emergency room for treatment. The devastating injuries sustained by these cheerleaders included spinal cord & head injuries, blows to the chest, lung and heart, broken bones, fractures, dislocations, sprains/strains, concussions and contusions.
 

Cheerleading injuries continue to rise each year, in part because cheerleading has evolved into a high-risk competitive sporting activity and also because illtrained, uncertified or inexperienced coaches sometimes attempt to teach team participants stunts that are at a higher difficulty level than their squad is capable of achieving. This should never happen! School coaches and institution administrators, who put pressure on teams and demand dangerous routines and acrobatic stunts can and should be held liable for wrongful behavior. Parents can review“ A Parents Guide to Cheerleading Safety” which offers the five top questions to ask officials when their child joins a school cheerleading squad.
 

If your child or a member of your family was injured in a cheerleading accident, you may be entitled to compensation that may include medical expenses or bills, loss of income, and consideration for pain and suffering. Call attorneys Gonzalez & Cartwright today at 888-888-3903 for a free no-obligation consultation. Or visit us at www.gonzalezcartwright.com for additional information.

You Have to Pay to Play: Governor Scott gets $100,000.00 from Insurance Company on Wednesday and Signs the Law They Purchased on Friday – Sorry Consumers, You Don’t have Enough Money for Your Governor

Bowing to pressure from Governor Rick Scott and insurance lobbying groups, the Florida Legislature passed House Bill 119, dramatically changing automobile insurance personal injury protection benefits. According to Governor Scott and big insurance companies, reform was necessary to combat fraud which was causing Florida residents’ motor vehicle insurance costs to soar.
 

Consumer advocates were disappointed with the “reform.” “Floridians are in for a rude awakening,” Florida Consumer Action Network spokesman Bill Newton said. “Instead of measures aimed at preventing true fraud, we’re left with a bill that pads the pockets of big insurance companies.”

It is not clear that facts even support the purported basis for the bill. According to Insure.com, the average premium in Florida is $1,476 a year, while the national average is $1,500.

Why was Governor Scott so interested in this legislation? The legislation appeared dead on Wednesday with the House and Senate at a stalemate. However, on March 7, 2012, Governor Scott’s Political Action Committee received $100,000.00 from United Group Underwriters, an affiliate of United Automobile Insurance Company. On Thursday, Governor Scott went to work to get the bill passed. According to the Miami Herald, a lawyer familiar with the legislation, David Kuczenski said, “What’s really interesting is the governor and insurance commissioner are becoming like voices for the insurance industry as opposed to the consumers.” That’s not surprising when the Governor is for sale.

Read more in the Miami Herald. And this Miami Herald article too.

United Auto Insurance Company is well known to Tallahassee insurance regulators. Based in Miami Gardens Florida, over the past ten years The Florida Department of Financial Services has received more than 7,600 complaints of unlawful practices by this company.

Under the new PIP law, policy holders injured in motor vehicle accidents will not receive the PIP benefits they purchased unless they seek treatment within 14 days of the accident. These payments will be capped at $2,500.00 even though the policy holder purchased $10,000.00 in benefits, unless a medical care provider certifies that the insured person has an “emergency medical condition.”

The 2012 PIP Legislation dramatically limits Floridians health care choices. The government has chosen to take over Floridian’s medical decision making including when, where and how Floridians receive treatment. For consumers, the legislation represents a significant blow to their ability to control their own medical care. Consumers can no longer decide when they will seek treatment, how often they may see their doctor, or even from whom they will receive treatment.

If you have any questions or concerns regarding your rights under this law, please contact us at (888) 888-3903 for a free consultation.

Restore Justice? Times Sure Have Changed

“Restore Justice 2012” – it is a catchy name. It makes us all think they seek justice for all Floridians. Their goal? To remove sitting justices from the Florida Supreme Court. The question is, “why?”
 

A look at the supporters of this group answers this question. One supporter has another catchy name, the “American Justice Partnership.” This group’s claim to fame is its support of Governor Scott Walker of Wisconsin - the same governor who eliminated collective bargaining for public service unions after stating during the election that he would negotiate with the unions. He is also the same guy who imposed the largest cuts to education funding in Wisconsin history and a puppet of the politically active billionaire Koch brothers. Recently, Politifact – a project of the Tampa Bay Times that rates the accuracy of statements by politicians – found that two-thirds of the statements made by Scott Walker were mostly false or worse.

The American Justice Partnership is supported by Associated Industries of Florida (“AIF”). This group is chaired by disgraced former State House Speaker, Republican Tom Feeney. Mr. Feeney was a crony of Jack Abramoff and, in September 2006, Feeney was named one of the “20 Most Corrupt Members of Congress” in a report by Citizens for Responsibility and Ethics in Washington. AIF is a special interest lobbying group. Their special interest is big insurance companies and businesses. They oppose consumer rights and access to courts to correct wrongs. Their most recent lobbying efforts involved insurance “bad faith.” A “bad faith” claim only occurs when an insurance company fails to pay the benefits it is lawfully obligated to pay – often subjecting its insured to personal judgments against their assets because of the insurance companies’ unreasonable refusal to pay benefits. AIF would like to eliminate “Bad Faith” so that consumers are left holding the bag for the insurance companies’ unlawful failure to pay benefits.

AIF would also like to prevent patients from seeking recovery from their doctors when those doctors commit malpractice. Along those lines, AIF supports House Bill 385 and Senate Bill 618. These Bills grant immunity to doctors who have committed malpractice.

I remember a time when restoring justice meant protecting the working men and women of Florida. When Atticus Finch fought for justice for Tom Robinson who was unable to fight for himself, that used to represent the pursuit of justice. Now “restoring justice” means protecting unscrupulous insurance companies from their insureds and protecting bad doctors from the patients they injured, maimed or killed. Times sure have changed.

Florida Workers Under Attack / Luckily, Big Business has Florida Legislature Looking Out for Them

The 2012 legislative session has been dominated by special interests. Republican supermajorities in both houses along with a Republican Governor are moving forward with bills designed to protect special interests such as insurance companies and big business. The people who will pay for this are working men and women and Florida Taxpayers.
Three bills currently before the Florida Legislature are: HB 609 - designed to pre-empt Dade County’s Wage Theft Law, CS HB 245 - allowing unlicensed and unregulated insurance companies to take homeowners out of Citizens Insurance, and SB 1316 - designed to eliminate access to the court system in medical malpractice cases.

HB 609 specifically pre-empts Dade County’s Wage Theft Law. The Wage Theft Ordinance, which is governed by Chapter 22 of the Code of Miami-Dade County, became effective on February 28, 2010, applies to private sector employees and employers. The Wage Theft Ordinance’s stated policy is to eliminate and prevent wage theft and eliminate the underpayment or nonpayment of wages earned by persons working in Dade County. Its purpose is to provide a streamlined procedure for recovery when employers fail to pay all or part of a worker’s wages, fail to pay legally required overtime, fail to compensate employees for work they are required to do before their shifts officially begins or after their shifts end, or fail to pay the lawful minimum wage.

Over the years, GOP law makers have argued that courts are inefficient venues to address civil wrongs. They have also argued that local governments are best able to address the needs of their local constituents. However, when Dade County enacted an ordinance to protect their working citizens, GOP lawmakers decided to side with Macy’s, Beall’s, and the Florida Retail Federation. Ironically, these lawmakers argued that the Court system is the most efficient place to resolve wage disputes despite the fact that the filing fees often exceed the amount of wages due. They also argued that the central government in Tallahassee is a much better venue to address wage theft in Dade County than the local government in Dade County.

The most revealing fact of the debate concerning this bill in Tallahassee - GOP lawmakers agreed that wage theft is a significant problem in Florida, yet they only sought a bill to overturn Dade County’s law. GOP representatives had no interest in enacting a statewide wage theft law. In fact, when Rep. Scott Randolph, D-Orlando, made a motion to table the issue so that lawmakers could amend the bill and add language creating a statewide law, GOP representatives voted along party lines to scuttle the proposed amendment. Many GOP lawmakers who claimed they supported a statewide law, voted against Randolph’s motion to begin drafting such a law.

Click here to read more.

Click here for the facts on wage theft.

Protecting Yourself Against Negligent Security

Criminal attacks can easily take place when businesses or property owners fail to provide adequate security for their patrons. People who own and operate property can be held responsible for injuries that occupants, employees, residents, guests, and customers sustain. Unfortunately, assault crimes including rape, robbery and abduction take place in numerous South Florida commercial locations including West Palm Beach, Miami-Dade and Broward. Malls, gas stations, apartment complexes, stadiums, bars, hotels, college campuses, supermarket and bank parking lots are popular breeding grounds for these types of crimes and frequently leave women and children as victims. 

Although these crimes cannot always be prevented, it is the property owners responsibility to eliminate risk and to provide reasonable and adequate security measures to protect people from potentially dangerous situations.  Safe environments include proper lighting in dark areas and stairwells, video security and monitoring in high crime areas, working alarm systems and call boxes, efficient locks & doors, keeping bushes and hedges trim, and hiring security guards if necessary.
 

If you or a family member have been injured or attacked as a result of negligent security, the property owner may be in violation of certain Florida laws and you may be entitled to receive compensation for your injuries or losses. Contact Gonzalez  & Cartwright today at 888-888-3903 for a free consultation about your potential Florida negligent /inadequate security lawsuit. Visit us online at www.gonzalezcartwright.com for additional information.