Uneven Pavement Accidents in Fort Myers: When to Call a Trip and Fall Lawyer

Uneven pavements in Fort Myers pose a significant risk to pedestrians, potentially leading to serious trip and fall injuries. These hazardous conditions can have an impact on anyone, from residents going about their daily routines to tourists exploring the city. When accidents occur due to negligence in maintaining sidewalks and walkways, it's crucial to understand your rights and the legal options available.

Navigating the complexities of premises liability and negligence claims can be challenging. This article aims to shed light on the common causes of uneven pavements, the types of injuries that may result, and the legal responsibilities of property owners. It will also discuss when it's appropriate to contact a trip and fall lawyer, how to investigate these incidents, and what to expect in terms of compensation and insurance claims. Understanding these aspects is essential to protect your rights and seek justice if you've been injured due to hazardous pavement conditions.

Common Causes of Uneven Pavements in Fort Myers

Uneven pavements in Fort Myers can result from various factors, creating potential hazards for pedestrians and increasing the risk of trip and fall injuries. Understanding these causes is crucial for property owners to maintain safe walkways and prevent accidents that may lead to premises liability issues.

Weather-related damage

Fort Myers' subtropical climate has a significant impact on pavement conditions. Heavy rainfall and high humidity can cause soil erosion beneath concrete slabs, leading to uneven settling. This erosion creates voids under the pavement, causing sections to sink or tilt. Additionally, the frequent temperature fluctuations can cause concrete to expand and contract, resulting in cracks and surface irregularities.

Tree root growth

Tree roots pose a considerable challenge to pavement integrity in Fort Myers. As roots grow and expand in search of water and nutrients, they exert pressure on concrete structures, causing lifting, shifting, and cracking. This not only creates uneven surfaces but also potential tripping hazards. The problem is particularly prevalent in areas with mature trees planted close to sidewalks or walkways.

Poor construction or maintenance

Inadequate construction practices or neglected maintenance can contribute to uneven pavements. Improperly compacted soil beneath concrete slabs can lead to settling and sinking over time. Poor drainage design can result in water pooling, which weakens the underlying soil structure. Additionally, delayed repairs of minor cracks or surface damage can escalate into more severe issues, creating hazardous conditions for pedestrians.

Property owners have a duty of care to address these issues promptly to prevent trip and fall injuries. Failure to maintain safe walkways may result in negligence claims and potential legal action.

Potential Injuries from Tripping on Uneven Pavements

Uneven pavements in Fort Myers can lead to serious trip and fall injuries, ranging from minor bruises to severe trauma. The severity of these injuries often depends on factors such as the height of the uneven surface, the speed of the fall, and the individual's physical condition. Understanding the potential consequences is crucial when considering whether to contact a trip and fall lawyer.

Fractures and sprains

One of the most common outcomes of tripping on uneven pavements is fractures and sprains. As people instinctively try to break their fall, they often extend their arms, leading to wrist, arm, or elbow fractures. Ankle and hip fractures are also frequent, especially among older adults. Sprains, particularly in the ankles and wrists, can occur when joints are twisted during the fall. These injuries can result in significant pain, limited mobility, and extended recovery periods.

Head injuries

Head trauma is a particularly serious consequence of tripping on uneven pavements. When a person falls forward or backward, there's a risk of hitting their head on the ground or nearby objects. This can lead to concussions, contusions, or more severe traumatic brain injuries (TBIs). Symptoms of head injuries may include headaches, dizziness, confusion, and in severe cases, loss of consciousness. The long-term effects of TBIs can have a significant impact on a person's quality of life.

Soft tissue damage

Soft tissue injuries are another common result of tripping on uneven pavements. These can include bruises, cuts, abrasions, and more severe injuries like torn ligaments or muscles. While some soft tissue injuries may heal relatively quickly, others can cause chronic pain and require extensive medical treatment or physical therapy. In some cases, these injuries can lead to long-term complications and affect a person's ability to perform daily activities or work.

Legal Responsibilities of Property Owners

Property owners in Fort Myers have a legal obligation to maintain their premises in a reasonably safe condition for visitors. This responsibility extends to addressing uneven pavements that may cause trip and fall injuries. Understanding these legal obligations is crucial for both property owners and those who may have suffered injuries due to hazardous conditions.

Duty of care

Property owners owe a duty of care to individuals who lawfully enter their premises. This means they must take reasonable steps to prevent foreseeable harm. For instance, if a property owner is aware of a broken sidewalk, they have a responsibility to repair it promptly or provide adequate warnings to visitors. The extent of this duty may vary depending on the type of property and the status of the visitor, but generally, owners are expected to exercise reasonable care to protect the safety of all lawful entrants.

Regular inspections

To fulfill their duty of care, property owners should conduct regular inspections of their premises. This includes checking for potential hazards such as uneven pavements, cracks, or other surface irregularities that could lead to trip and fall accidents. Inspections help identify issues before they cause harm and demonstrate that the property owner is taking proactive steps to maintain safety.

Timely repairs

When hazardous conditions are identified, property owners have a responsibility to address them promptly. This may involve repairing uneven pavements, filling cracks, or taking other necessary measures to eliminate the risk of trip and fall injuries. If immediate repairs are not possible, property owners should provide clear warnings or barriers to protect visitors from potential harm.

When to Contact a Trip and Fall Lawyer

Knowing when to reach out to a trip and fall lawyer is crucial for protecting your rights and seeking compensation for injuries caused by uneven pavements. The decision to contact an attorney often depends on several factors, including the severity of injuries, the need for evidence collection, and the statute of limitations.

Severity of injuries

The extent of injuries sustained in a trip and fall accident plays a significant role in determining whether to seek legal representation. Serious injuries such as broken bones, head trauma, or internal bleeding may require extensive medical treatment and have long-term consequences. These cases often involve substantial medical expenses, lost wages, and potential long-term disability. A personal injury attorney can help calculate the full extent of damages, including future medical costs and lost earning capacity, ensuring that victims receive fair compensation for their suffering.

Evidence collection

Prompt action in gathering evidence is critical in trip and fall cases. A skilled lawyer has the resources and expertise to collect crucial evidence such as surveillance footage, witness statements, and accident reports. They can inspect the scene, document hazardous conditions, and consult with experts if necessary. This evidence is vital in establishing liability and proving negligence, which is essential for a successful claim. Acting quickly is important, as some types of evidence may disappear or be altered over time.

Statute of limitations

Time is of the essence when it comes to filing a trip and fall lawsuit. In Florida, the statute of limitations for most premises liability cases is two years from the date of the injury. This means victims have a limited window to initiate legal proceedings. Working with an experienced trip and fall lawyer ensures that all necessary deadlines are met and that a strong case is built within the required timeframe. Failing to file within this period may result in losing the right to seek compensation for injuries and damages.

Conclusion

Uneven pavements in Fort Myers pose serious risks to pedestrians, potentially leading to various injuries and legal complications. This article has explored the common causes of these hazards, the types of injuries that can result, and the legal responsibilities of property owners. Understanding these aspects is crucial to protect one's rights and seek justice in case of an accident.

For those who have experienced a trip and fall incident due to uneven pavements, it's essential to consider the severity of injuries, the need to gather evidence, and the time limits for filing a claim.

If you have been injured on uneven pavement or other tripping hazard, call your Fort Myers Trip and Fall Lawyers at Pittman Law Firm, P.L. today for a free consultation.

Taking prompt action and seeking professional legal advice can make a significant difference in securing fair compensation and holding negligent property owners accountable.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

Fort Myers Drowning: How to Prevent Swimming Pool Accidents

We've all heard the heartbreaking stories of Fort Myers drowning incidents, and they serve as a stark reminder of the importance of pool safety. As a community, we must take action to prevent these tragedies and protect our loved ones. Swimming pools offer a refreshing escape from Florida's heat, but they also come with serious risks that we can't ignore.

In this article, we'll dive into the key aspects of swimming pool safety to help prevent accidents. We'll explore the specific risks in Fort Myers, outline essential safety measures, and discuss the importance of teaching water safety skills. We'll also look at the legal responsibilities of pool owners and how understanding liability can play a role in keeping our pools safe. By the end, you'll have a clear picture of how to make swimming a safer and more enjoyable experience for everyone.

Understanding Swimming Pool Risks in Fort Myers

In Fort Myers, we face unique challenges when it comes to swimming pool safety. Our warm climate means we have more pools and longer swimming seasons, which unfortunately increases the risk of accidents. I've researched the statistics, and they're eye-opening. Florida has the highest drowning death rate in the nation for children under 5, a fact that hits close to home for many of us.

Common causes of drowning

The most common causes of drowning in Fort Myers are lack of supervision, not knowing how to swim, and alcohol use. Drowning is often silent and can happen in seconds. Many people think drowning victims will splash and yell for help, but that's not usually the case. Victims often extend their arms laterally to try to breathe, keeping their mouths at water level. Young children have a diving reflex, making them naturally inclined to hold their breath and sink if they fall in.

Another surprising fact is that most child drownings occur when the child has been missing for less than five minutes. This shows how quickly tragedy can strike. Pool drains also pose a significant danger if they're not equipped with proper anti-entrapment devices.

Age groups most at risk

Children between 1 and 4 years old are at the highest risk of drowning in Fort Myers. The statistics are heartbreaking - there are enough children under 5 who die by drowning each year to fill 3-4 preschool classrooms. It's the leading cause of unintentional death for children between 1 and 14 years old.

Interestingly, the next most at-risk group is adults 85 and older. This highlights that swimming pool safety is important for all age groups, not just children.

Statistics on Local Pool accidents

Looking at local statistics, Florida had the highest rate of drowning for the 1- to 4-year-old age group at 7.29 per 100,000 children in 2010. From 1999 to 2010, there were 566 pool drowning deaths among children 1 to 4 years old in our state.

Most drownings in Fort Myers occur in home swimming pools, especially during the summer months of June, July, and August. About 66% of drownings for children under 4 happen in swimming pools, while for those over 10, only 16% occur in pools.

These statistics underscore the importance of pool safety measures in Fort Myers. You need to be vigilant about supervision, teaching water safety skills, and ensuring our pools have proper safety features. By understanding these risks, you can take steps to prevent tragic accidents and make our swimming pools safer for everyone.

Essential Pool Safety Measures

To prevent Fort Myers drowning incidents, we need to implement crucial safety measures around our pools. These steps can significantly reduce the risk of accidents and keep our loved ones safe.

Proper fencing and barriers

One of the most effective ways to prevent pool accidents is to install adequate fencing around the pool area. The U.S. Consumer Product Safety Commission recommends that pool fences should be at least four feet high and fully enclose the pool. They should be climb-resistant, with no objects nearby that could be used to scale the fence. It's essential to have self-closing and self-latching gates to ensure the pool area remains secure even if someone forgets to close the gate.

When installing fencing, you need to make sure there are no footholds or handholds that could be used to climb over. The fence should completely isolate the pool from the house and yard. For wood, vinyl, plexiglass, and brick fences, the spacing between vertical members should not exceed 1 ¾ inches if the distance between horizontal members is less than 45 inches. If using chain-link fencing, the mesh size should not exceed 1 ¼ inches square.

Pool alarms and covers

In addition to fencing, pool alarms and covers provide an extra layer of protection. Pool alarms can alert us to any unauthorized entry into the pool area. There are various types of alarms available, including surface and subsurface models. Surface alarms, like the SwamCam Pool Alarm, are typically less expensive and easy to install but may be triggered by wind or rain. Subsurface models, such as the Blue Wave Pool Alarm System, offer more accurate detection with fewer false alarms.

Many modern pool alarms connect to smartphone apps, sending notifications directly to our phones. Some even come with camera features for visual monitoring. When choosing an alarm, look for certifications that ensure the product meets quality standards.

Pool covers are another essential safety feature. They can prevent accidental falls into the pool when it's not in use. Safety covers should be strong enough to support the weight of a person and be properly anchored to the pool deck.

Supervision guidelines

While physical barriers and alarms are crucial, nothing replaces proper supervision. For children under five years old or those who lack swimming skills, the American Academy of Pediatrics recommends "touch supervision." This means staying within arm's length of the child at all times when they're in or near the water.

It's important to avoid distractions like cell phones or conversations with other adults while supervising children in the pool. If we need to leave the pool area for any reason, we should clearly designate another adult to take over supervision.

Remember, drowning can happen quickly and silently. By implementing these essential pool safety measures and maintaining vigilant supervision, you can significantly reduce the risk of Fort Myers drowning incidents and ensure our pools remain a source of enjoyment rather than danger.

Teaching Water Safety Skills

Teaching water safety skills is crucial in preventing Fort Myers drowning incidents. By equipping children and adults with the necessary knowledge and abilities, you can significantly reduce the risk of accidents in and around swimming pools.

Swimming lessons for children

One of the most effective ways to prevent drowning is to enroll children in swimming lessons. Early swimming instruction can reduce the risk of accidental childhood drowning by 88%. This is especially important since drowning is the leading cause of accidental death in children under 4.

CPR and first aid training

Knowing CPR and first aid is essential for anyone who spends time around water. These skills can make a critical difference in an emergency situation, potentially saving lives before professional help arrives.

The American Red Cross offers comprehensive CPR and first aid training courses. These classes cover how to recognize and respond to aquatic emergencies, as well as how to provide care for breathing and cardiac emergencies, injuries, and sudden illnesses.

Their Adult and Pediatric First Aid/CPR/AED Blended course teaches students to recognize and care for various first aid emergencies, including burns, cuts, scrapes, sudden illnesses, and head, neck, and back injuries. Upon successful completion, participants receive a two-year certification.

Water safety education programs

Beyond swimming lessons and CPR training, comprehensive water safety education programs are vital in preventing Fort Myers drowning incidents. These programs aim to teach children and adults about the potential dangers of water and how to stay safe.

The American Red Cross offers several water safety courses for both adults and children. Their Basic Water Rescue course is a 4-hour certification program that teaches participants how to prevent, recognize, and respond to aquatic emergencies. It's suitable for anyone involved in aquatic activities, including public safety personnel, camp staff, and teachers.

For younger learners, the Red Cross has developed WHALE Tales, a series of short, engaging videos that teach important water safety topics. Each lesson centers on a memorable rhyming phrase to help children retain what they've learned. The program includes activity sheets and quizzes to reinforce the lessons.

By implementing these water safety measures – swimming lessons, CPR and first aid training, and comprehensive education programs – you can work to prevent Fort Myers drowning incidents and ensure that our community enjoys water activities safely.

Legal Responsibilities of Pool Owners

As pool owners in Fort Myers, we have significant legal responsibilities to ensure the safety of our pools and prevent drowning incidents. Understanding these obligations is crucial for protecting our loved ones and avoiding potential legal issues.

Florida pool safety laws

The Residential Swimming Pool Safety Act, outlined in Chapter 515 of Florida Statutes, sets specific requirements for pool safety measures. For pools built after October 1, 2000, at least one safety feature must be in place. These features include:

1. An enclosure that isolates the pool from access to the home
2. An approved safety pool cover
3. Exit alarms on all doors and windows providing direct access to the pool
4. Self-closing, self-latching devices on all doors leading to the pool area

To pass the final inspection and receive a certificate of completion, your pools must meet one of these requirements. Failing to comply can result in a second-degree misdemeanor charge. However, if you equip the pool with a safety feature and attend a drowning prevention education program within 45 days of citation, penalties may be waived.

Liability in drowning accidents

As pool owners, we can be held liable for drowning incidents that occur on our property, especially if negligence is involved. This applies to both invited guests and, in some cases, child trespassers under the attractive nuisance doctrine.

Negligence can include:

• Failure to properly maintain and operate the pool
• Inadequate supervision of pool users
• Not addressing potential hazards in and around the pool area

In the event of a drowning accident, you may face premises liability lawsuits. For private homeowners, these claims are typically handled by homeowners' insurance companies. It's crucial to understand that our responsibility extends beyond the pool itself to the surrounding area, including potential slip and fall hazards.

Importance of proper insurance

Given the increased liability risk associated with pool ownership, it's essential to have adequate insurance coverage. Most homeowners' policies include a minimum of $100,000 in liability protection, but as pool owners, you should consider increasing this amount to at least $300,000 or $500,000.

Additionally, you may want to explore umbrella liability policies. For an extra $200 to $300 per year, we can obtain $1 million in liability protection above your standard homeowners' coverage. This extra layer of protection can be crucial in the event of a serious accident or lawsuit.

It's also important to ensure that you have sufficient coverage to replace the pool itself in case of damage from storms or other disasters. When installing a new pool or making significant changes, you should inform your insurance company to ensure our coverage is up to date.

By understanding and fulfilling your legal responsibilities as pool owners, you can help prevent Fort Myers drowning incidents and protect yourself from potential legal and financial consequences. Remember, safety should always be our top priority when it comes to pool ownership.

Conclusion

Swimming pool safety is a vital issue in Fort Myers, with far-reaching effects on our community's well-being. By putting into action essential safety measures, teaching crucial water skills, and understanding our legal duties as pool owners, we can greatly reduce the risk of tragic accidents. This means we can enjoy our pools while keeping our loved ones safe and sound.

To wrap up, it's up to all of us to make sure our pools are secure and to spread the word about water safety.

If you or someone you care about has been hurt in a swimming pool accident, call Pittman Law Firm P.L. today for a free consultation. 

By working together and staying alert, we can create a safer environment for everyone to enjoy the refreshing waters of Fort Myers.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

When to Hire a Fort Myers Premises Liability Lawyer

Have you ever been injured due to a hazardous condition on someone else's property in Fort Myers? When accidents happen because of negligence, you might need a Florida premises liability lawyer like Pittman Law Firm, P.L. to protect your rights. Premises Liability Attorneys specialize in cases where property owners fail to maintain safe conditions, leading to injuries and financial losses for visitors.

Understanding when to hire a premises liability lawyer is crucial to ensure you receive fair compensation. Whether you've suffered harm due to a slip and fall, inadequate security, or any dangerous condition, an experienced attorney like David Pittman can guide you through the complex legal process. They can help gather evidence, negotiate with insurance companies, and if necessary, represent you in court to hold negligent property owners accountable. In this article, we'll explore key signs that indicate it's time to seek legal help, the benefits of hiring an attorney, and what to expect when filing a premises liability claim in Fort Myers.

Understanding Premises Liability in Fort Myers

Definition of premises liability

Premises liability is a legal concept that holds property owners responsible for injuries occurring on their property due to unsafe conditions resulting from negligence. In Fort Myers, as in the rest of Florida, both public and private property owners have a legal duty to keep their premises safe for visitors. When they fail to do so, either intentionally or unintentionally, it's considered negligence under the law.

Common types of premises liability cases

Fort Myers sees various types of premises liability cases. Slip and fall accidents are perhaps the most common, often occurring in grocery stores or other businesses due to wet floors or other hazards. However, premises liability extends beyond just slip and falls. Other common cases include:

1. Swimming pool accidents
2. Dog bites
3. Inadequate security leading to assaults
4. Elevator and escalator accidents
5. Accidents due to poor maintenance
6. Injuries from falling merchandise in stores

Each of these situations can lead to serious injuries and potential grounds for a premises liability claim. A Florida premises liability lawyer can help determine if you have a valid case based on the specific circumstances of your accident.

Florida laws governing premises liability

Florida law categorizes visitors into three types: invitees, licensees, and trespassers. Invitees, such as customers in a store, and licensees, like social guests, are owed a duty of care by property owners. This means owners must maintain their property in a reasonably safe condition and warn of known dangers.

Trespassers, on the other hand, are generally not owed the same level of care. However, there are exceptions, particularly when it comes to children. Property owners in Fort Myers must take steps to protect children from attractive nuisances like swimming pools or dangerous machinery, even if the child is trespassing.

Under Florida Statute 768.0701, the fault of all parties who contributed to an injury must be considered in premises liability cases. This means that even if you were partially at fault for your injury, you may still be able to recover compensation.

To prove a premises liability case in Fort Myers, you typically need to establish that:

1. The property owner owed you a duty of care
2. They breached that duty through negligence
3. This breach directly caused your injury
4. You suffered damages as a result

It's important to note that Florida has a two-year statute of limitations for most premises liability cases. This means you have two years from the date of your injury to file a claim. Working with a skilled premises liability lawyer in Fort Myers can help ensure you meet all necessary deadlines and build a strong case for compensation.

Key Indicators It's Time to Hire a Lawyer

When you've been injured on someone else's property in Fort Myers, it's not always clear when you need legal help. However, certain situations strongly indicate that you should consider hiring a Florida premises liability lawyer. Let's explore some key signs that suggest it's time to seek professional legal assistance.

Severity of injuries

If you've suffered serious injuries due to a hazardous condition on someone's property, it's crucial to consult a premises liability lawyer. Severe injuries often lead to significant medical expenses, lost wages, and long-term consequences. These may include:

• Broken bones
• Brain injuries
• Internal bleeding
• Soft tissue injuries

A Florida premises liability lawyer can help you pursue compensation for these damages, including medical bills, ongoing treatments, and lost income. They can also assist in calculating future medical costs and potential long-term disability expenses.

Property owner's denial of responsibility

When a property owner or their insurance company denies responsibility for your injuries, it's a clear sign that you need legal representation. Property owners might try to shift blame or claim they weren't aware of the dangerous condition. In such cases, a premises liability lawyer in Fort Myers, Cape Coral, Estero, or Bonita Springs, can:

• Review your case to determine if the property owner breached their duty of care
• Gather evidence to support your claim
• Negotiate with insurance companies on your behalf
• Demonstrate the property owner's negligence or failure to maintain safe premises

Remember, under Florida law, property owners have a legal obligation to maintain reasonably safe conditions for visitors. If they fail to do so, they may be held liable for resulting injuries.

Complexity of the case

Premises liability cases can be legally complex, especially when dealing with issues like:

• Inadequate security leading to assaults
• Swimming pool accidents
• Dog bites
• Slip and fall incidents due to poor maintenance

These cases often involve intricate legal concepts such as foreseeability, reasonable care, and the status of the injured person (invitee, licensee, or trespasser). A skilled Florida premises liability lawyer can navigate these complexities, ensuring your rights are protected and you receive fair compensation.

Moreover, if your case involves multiple parties or requires expert testimony to prove negligence, it's essential to have an experienced attorney on your side. They can help gather necessary evidence, interview witnesses, and build a strong case to support your claim.

In conclusion, if you've suffered severe injuries, face denial of responsibility from the property owner, or are dealing with a complex premises liability case in Bonita Springs or Fort Myers, it's time to consult a Florida premises liability lawyer. They can provide the expertise and guidance needed to navigate the legal process and fight for the compensation you deserve.

Benefits of Hiring a Premises Liability Attorney

When you've been injured on someone else's property in Fort Myers, hiring a Florida premises liability lawyer can significantly impact the outcome of your case. These legal professionals bring a wealth of knowledge and experience to the table, offering numerous advantages to those seeking compensation for their injuries.

Legal expertise and case evaluation

A premises liability attorney possesses in-depth knowledge of Florida law and can accurately assess the strength of your case. They understand the complexities of proving negligence and establishing a duty of care, which are crucial elements in premises liability claims. With their expertise, they can evaluate the viability of your claim and determine the potential compensation you may be entitled to receive.

These lawyers are well-versed in the specific requirements of Florida's premises liability statute. They can help you navigate the legal process, ensuring that all necessary elements are addressed to build a strong case. Their understanding of legal concepts such as foreseeability and reasonable care can be invaluable in establishing the property owner's negligence.

Evidence gathering and preservation

One of the most critical aspects of a premises liability case is gathering and preserving evidence. A skilled attorney knows exactly what evidence is needed to support your claim and how to obtain it. They can:

• Inspect the scene of the accident
• Interview witnesses
• Locate and analyze security camera footage
• Review maintenance records and log books
• Consult with experts if necessary

Prompt action in collecting evidence is crucial, as some types of evidence may disappear or be altered over time. Your lawyer will work diligently to ensure that all relevant evidence is gathered and properly preserved to support your case.

Negotiation with insurance companies

Dealing with insurance companies can be challenging, especially when you're recovering from an injury. A Florida premises liability lawyer can handle all communications and negotiations with insurance adjusters on your behalf. This is particularly beneficial because:

• Insurance companies often try to minimize payouts or deny claims altogether
• Adjusters may use tactics to get you to accept a low settlement
• Lawyers understand the true value of your claim and won't be swayed by initial low offers

Your attorney will leverage their negotiation skills and knowledge of insurance practices to fight for a fair settlement. They can identify bad-faith insurance practices and advise you on whether an offer is reasonable based on the specifics of your case.

By hiring a premises liability attorney, you gain an advocate who will work tirelessly to protect your rights and maximize your chances of obtaining fair compensation. Their expertise in legal matters, evidence gathering, and negotiation can make a significant difference in the outcome of your case, allowing you to focus on your recovery while they handle the complex legal aspects of your claim.

The Process of Filing a Premises Liability Claim

Initial consultation

When you've been injured on someone else's property in Fort Myers, your first step should be to consult with a Florida premises liability lawyer. During this initial meeting, you'll discuss the details of your accident, including how it happened and the extent of your injuries. The lawyer will evaluate your case to determine if you have grounds for a claim and explain your legal options.

A skilled premises liability lawyer will ask questions about the hazard that caused your injury, whether there were any warning signs, and if you reported the incident to the property owner or manager. This information helps establish the property owner's duty of care and potential negligence.

Investigation and evidence collection

If you decide to move forward with your claim, your Florida premises liability lawyer will begin a thorough investigation. This crucial step involves gathering evidence to support your case. Your attorney will collect various types of evidence, including:

1. Photographs and videos of the accident scene
2. Witness statements
3. Surveillance footage, if available
4. Incident reports
5. Medical records and bills
6. Property maintenance records

Your lawyer may also consult with experts to strengthen your case. These experts can provide testimony on issues such as the property owner's duty of care, the dangerous condition that caused your injury, and the extent of your damages.

Claim filing and negotiation

Once your lawyer has gathered sufficient evidence, they will file a claim with the property owner's insurance company. This claim will detail the circumstances of your accident, the property owner's negligence, and the compensation you're seeking for your injuries and losses.

After filing the claim, your Florida premises liability lawyer will enter into negotiations with the insurance company. Insurance adjusters often try to minimize payouts, so having an experienced attorney on your side is crucial. Your lawyer will use the evidence collected to argue for fair compensation that covers your medical expenses, lost wages, pain and suffering, and other damages related to your injury.

Potential litigation

If a fair settlement cannot be reached through negotiations, your lawyer may recommend filing a lawsuit. This decision is based on the strength of your case and the potential for a better outcome in court. While most premises liability cases settle out of court, being prepared for litigation can often lead to more favorable settlement offers.

During the litigation process, your Florida premises liability lawyer will represent you in court, presenting evidence and arguments to support your claim. This may involve calling witnesses, including expert witnesses, to testify on your behalf. The litigation process can be complex and time-consuming, but a skilled premises liability lawyer will guide you through each step, fighting for your rights and working to secure the compensation you deserve.

Conclusion

Navigating the complex world of premises liability in Fort Myers can be challenging, but understanding when to seek legal help is crucial to protect your rights and get the compensation you deserve. From slip and fall accidents to inadequate security cases, a skilled Florida premises liability lawyer can make a big difference in the outcome of your claim. They bring expertise in evidence gathering, negotiation with insurance companies, and if needed, representation in court.

Remember, if you've suffered serious injuries, face denial from property owners, or are dealing with a complex case, it's time to consider legal help.

If you have been injured and need a Fort Myers Premises Liability Lawyer, call Pittman Law Firm, P.L today for your free consultation.

By working with an experienced attorney, you're taking a crucial step to protect your rights and increase your chances of receiving fair compensation for your injuries and losses.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

How Fort Myers Business Owners Can Prevent Slip and Fall Accidents

Slip-and-fall accidents are a significant concern for businesses in Fort Myers, Florida, especially in high-traffic environments such as restaurants, retail stores, hotels, and offices. Such incidents can not only harm customers and employees but also pose legal and financial risks to the business. At Pittman Law Firm, P.L.  we represent people who sustain significant injuries as a result of lax or negligent safety conditions at local businesses. A lot of these accidents could be avoided by more vigilant oversight and adopting safety protocols that would ensure that their patrons will avoid serious injuries. 

Here’s how you can proactively prevent slip and fall hazards:

Implement Regular Floor Maintenance

A key strategy in preventing slip-and-fall accidents is to adopt a diligent floor maintenance schedule. This includes performing routine cleaning using non-slip cleaning products and promptly addressing any spills or wet areas by using clear signage. It's essential to ensure all flooring is in excellent condition, repairing any damaged tiles, carpets, or mats immediately. By taking these proactive steps, you demonstrate a commitment to safety that reassures both your customers and employees, while simultaneously protecting your business from potential liabilities.

Monitor and Maintain Walking Surfaces

Monitoring and maintaining walking surfaces should be at the forefront of your safety protocols. Proactively inspect all areas where foot traffic is common, and keep an eye out for uneven surfaces, loose carpeting, or any other hazards that could pose a risk.

In parking lots and outdoor walkways, be vigilant about filling potholes and removing debris or ice. By ensuring that all surfaces are even and secure, you show clients that their safety and comfort are your utmost priorities. This not only minimizes the chance of accidents but also fosters a trusting relationship with your customers, assuring them that your business values their well-being. In doing so, you are investing in a more secure environment that will benefit both your patrons and your business's long-term success.

Regular inspections are essential. Ensure that floors, sidewalks, and parking lots are free from hazards like water, oil, or debris. Regular maintenance checks can prevent minor issues from becoming significant hazards.

Educate and Train Employees

A well-informed team is a cornerstone of a safe environment. Implement regular training sessions focused on the importance of workplace safety, customer well-being, and immediate hazard identification. Empower your employees with the knowledge to identify potential risks and equip them with the skills to mitigate these issues effectively. Clear communication regarding safety protocols and emergency procedures should be emphasized, ensuring that every team member is ready to act promptly and efficiently. By investing in comprehensive training, you not only safeguard your clients but also reinforce your commitment to a secure, client-focused business atmosphere. Such dedication not only builds a loyal customer base but also enhances the overall reputation of your business as a truly caring and dependable service provider.

Equipping your employees with the right knowledge empowers them to contribute to a safer workplace. Conduct regular training sessions that emphasize the importance of immediate hazard reporting and proper cleaning techniques. By fostering a culture of awareness and accountability, you ensure your team is not only prepared to respond quickly to potential slip-and-fall risks but also consistent in maintaining a safe environment. Your commitment to employee education showcases your dedication to their well-being and reinforces a sense of community and trust within your business.

Use Appropriate Signage

Strategically placed signage plays a crucial role in preventing accidents and ensuring client safety. Utilize clear, visually appealing signs to alert clients and employees to potential hazards, such as wet floors, uneven surfaces, or areas under maintenance. Assertively positioning these signs demonstrates your proactive approach to risk management, providing peace of mind to everyone in the vicinity. Additionally, ensure that signage is kept up to date and complies with industry standards to maintain both effectiveness and credibility. By prioritizing transparent communication through signage, you reinforce your commitment to creating a safe and welcoming environment for all clients. This conscientious attention to detail not only underscores your organization's dedication to safety but also nurtures a strong client relationship grounded in trust and care.

Visual cues play an integral role in preventing accidents by alerting both staff and visitors to potential hazards. Ensure that clear, well-placed signage is used to warn of temporary conditions, such as wet floors, or areas undergoing maintenance. By investing in high-quality, easily visible signs, you communicate an assertive dedication to safety and customer care. This proactive measure not only helps reduce accidents but also underscores your commitment to a client-focused service experience, enhancing your reputation as a conscientious business.

Regularly inspect these signs for visibility and condition, replacing them as needed to maintain their effectiveness. By visibly communicating potential dangers, you not only prevent accidents but also demonstrate a genuine concern for the safety and experience of everyone who visits. This proactive approach reinforces your dedication to a client-focused environment where safety is paramount.

Implement Slip-Resistant Solutions

Incorporating slip-resistant measures is a compassionate yet assertive approach to ensuring client safety. Consider investing in slip-resistant mats, coatings, or flooring materials, particularly in areas prone to moisture, like entrances or washrooms. These solutions reduce the likelihood of accidents, demonstrating a proactive commitment to client-focused safety measures. Regular evaluations of these materials’ effectiveness should be conducted to ensure their continued reliability. This conscientious attention to detail not only enhances the safety of your premises but also significantly contributes to the peace of mind for all who enter. Through these precautions, you reinforce your dedication to providing a secure, welcoming environment for both employees and clients alike.

Improve Lighting

See Clearly, Walk Safely

Proper lighting is essential for maintaining a safe and welcoming environment. By ensuring all areas of your premises are well-lit, you help minimize the risk of accidents caused by poor visibility. Place particular emphasis on stairwells, hallways, and entrances, where inadequate lighting can lead to slips and falls. Consider using energy-efficient LED lighting, which provides bright illumination while being cost-effective. Regular maintenance checks to replace any faulty bulbs or fixtures are crucial to sustain these lighting standards. These assertive measures reflect your compassionate commitment to the well-being of clients and staff, showing that you prioritize their safety and comfort at every turn. In doing so, you foster an environment where everyone can navigate with confidence, reinforcing trust in your client-focused approach.

Adequate lighting is crucial, particularly in entrances, stairwells, and parking lots. Good visibility helps reduce the risk of tripping and slipping, ensuring safety for everyone.

Utilize Non-Slip Mats and Rugs

A Simple Solution

Positioning non-slip mats and rugs in high-traffic areas is a straightforward yet highly effective strategy to prevent slips and falls. These mats are particularly beneficial in entryways, kitchens, and bathrooms, where the likelihood of wet or slick surfaces is higher. When choosing non-slip mats, consider materials that provide maximum traction and durability, offering a long-term solution that aligns with your safety objectives. Ensure regular inspections of these mats to address any wear and tear that might compromise their effectiveness. Through these proactive measures, you demonstrate a clear, client-focused commitment to safeguarding the well-being of every individual who visits your premises. This thoughtful attention not only protects those who enter but also enhances their overall experience, reinforcing your reputation as a caring and attentive service provider.

Place non-slip mats in high-traffic areas and locations prone to wetness, such as near entrances and restrooms. This simple measure can make a world of difference.

Spill Response and Cleaning Protocols

Act Fast

Quickly addressing spills with a structured cleaning protocol is essential to maintain a safe environment for all visitors. Each spill, whether minor or major, requires immediate attention to prevent accidents. Establish a clear response plan involving readily accessible cleaning supplies, training for staff, and clearly defined roles for efficient spill management. Encouraging employees to report spills promptly and act swiftly demonstrates your commitment to safety and care, ensuring that everyone feels valued and protected. By implementing these measures, you reinforce your steadfast dedication to creating a secure and welcoming atmosphere, underscoring your client-focused ethos that prioritizes the well-being of clients and guests alike.

Implement a system for immediate spill cleanup, and ensure all employees know the protocols. Regular training on these procedures is vital.

Visibility Matters

Ensuring that hazard warning signs are not obstructed is crucial for maintaining their effectiveness. Regular walkthroughs of the facility should be conducted to make sure signs remain unobstructed and can be easily seen from a distance. It is important to emphasize that the placement and condition of these signs reflect your commitment to safety and client wellness. This attentiveness not only upholds safety standards but also reassures clients that their well-being is your top priority. In areas with high client traffic or increased risk, additional measures such as floor markings or barrier systems can be employed to guide and protect visitors. Implementing these comprehensive safety strategies shows your clients that you are deeply invested in their safety and comfort, fostering trust and satisfaction within your community.

Post clear warning signs for wet floors or areas under cleaning. Make sure these signs are visible from all angles to effectively warn both customers and employees.

Install and Maintain Handrails

Support When Needed

Handrails provide essential stability and support as individuals navigate stairs, ramps, and other potentially hazardous areas. By installing robust handrails, you offer an additional layer of safety for everyone, reducing the likelihood of falls. It's crucial that these handrails are periodically inspected and maintained to ensure their reliability and strength. Regular maintenance checks allow you to promptly address any wear or damage, ensuring that the handrails remain secure and effective. Through these efforts, you demonstrate a genuine concern for the well-being of your clients and staff, reinforcing your commitment to a secure and supportive environment. This proactive approach not only minimizes risk but also enhances the overall client experience by fostering a sense of safety and care.

Consider installing handrails on staircases and ramps. Ensure they are in excellent condition and securely attached to provide necessary support.

Adhere to Local Regulations

Stay Compliant

Adhering to local regulations is not just a legal obligation; it is a foundation on which trust and credibility are built. By consistently staying informed about the latest safety guidelines and implementing them into your daily operations, you show your unwavering commitment to excellence and responsibility. This vigilant approach protects your clients, staff, and business, ensuring that you operate smoothly and safely within the confines of the law. Your clients will appreciate the diligence and care taken to comply with all necessary regulations, reinforcing their confidence in your capacity to provide a trustworthy and reliable service. In doing so, you not only meet but exceed expectations, enhancing your reputation as a conscientious and client-focused leader in your field.

In Fort Myers, businesses must adhere to various local regulations, including the Florida Building Code and OSHA guidelines. These regulations cover the safety standards for handrails, walking surfaces, and more to prevent slip-and-falls.

Regular Maintenance and Inspections

Proactive Measures

Maintaining a rigorous schedule of regular maintenance and inspections is pivotal in ensuring the safety and satisfaction of your clients and staff. By diligently checking equipment, facilities, and infrastructure, you demonstrate your dedication to providing a secure environment, which is the cornerstone of excellent service. Understanding that your clients rely on you for their safety and well-being, taking assertive steps to address potential hazards before they arise is not just responsible but essential. This client-focused approach minimizes the risk of accidents and malfunctions, fostering a trusted relationship with your clientele. Regular maintenance not only extends the lifespan of your assets but also shows your unwavering commitment to quality and care, reinforcing that you prioritize the needs and safety of those you serve. By being proactive, you deliver peace of mind, allowing clients to confidently engage in their activities, knowing they are in safe hands.

By implementing these measures, businesses can create a safer environment for everyone. Should you need assistance navigating local regulations or implementing these safety practices, reach out to a professional who understands the Fort Myers landscape and can offer personalized guidance. Prioritizing safety not only protects your business but also shows your commitment to the well-being of your community.

If you or someone you love has been injured in a slip and fall accident, call Pittman Law Firm today for a free consultation.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

How to Sue Your HOA for Negligence in Florida

Have you ever felt frustrated with your Homeowners Association's negligence in maintaining common areas or addressing safety concerns? Whether you live in a residential housing community, condominium, or mobile home complex, In Florida, you have legal recourse if your HOA fails to fulfill its duty of care. Understanding your rights and the process of filing an insurance claim against or suing an HOA for negligence can help you protect your interests and seek financial compensation for any personal injuries or damages you've suffered due to unsafe conditions.

Florida law provides homeowners, renters, or people visiting the property with options to hold their HOAs accountable for breaches of duty. This blog will guide you through the steps to sue your HOA for negligence, including building a strong case, overcoming common HOA defenses, and exploring legal strategies. You'll learn about typical examples of HOA negligence, how to gather evidence, and what to expect when taking legal action against your association. By the end, you'll be better equipped to make informed decisions about pursuing a lawsuit and seeking monetary compensation for HOA-related negligence.

Common Examples of HOA Negligence in Florida

In Florida, Homeowners Associations (HOAs) have a duty of care to maintain common areas and ensure the safety of residents. However, negligence can occur, leading to unsafe conditions and potential legal action.

Here are some common examples of HOA negligence you might encounter:

Failure to Maintain Common Areas

One of the primary responsibilities of an HOA is to keep common areas in good condition. This includes maintaining grounds, walkways, stairways, swimming pools, recreational areas, common areas, and lobbies. If your HOA neglects these areas, it can result in serious problems. Some examples of negligence would be failing to fix uneven pavement or pavers that results in a trip and fall accident, leaving a puddle of water in the lobby that can cause a slip and fall, or not repairing broken stairs that can result in an injury.

Inadequate Security Measures

HOAs have a responsibility to provide a secure environment for residents. This may involve implementing reasonable security measures such as installing and maintaining security cameras, ensuring proper lighting in parking lots and common areas, and managing access control points. If an HOA fails to address known security risks or neglects to maintain existing security equipment, it could be held liable for incidents that occur as a result. For example, if a crime takes place in a poorly lit area that the HOA failed to maintain, the association might be found negligent.

Building a Strong Case Against Your HOA

To build a strong case when suing your HOA for negligence, you need to gather compelling evidence and establish the association's failure to uphold its duty of care. This process involves careful documentation, thorough investigation, expert testimony, and a clear demonstration of damages. Getting the help of an experienced Premise Liability Attorney is key to building the best possible case for yourself. 

Documenting Violations

The first step is to thoroughly document the HOA's negligence and any resulting damages. This includes taking photos and videos of hazardous conditions in common areas, such as poorly maintained walkways or inadequate lighting. Keep a detailed record of dates, times, and specific incidents related to the HOA's failure to maintain safety standards. Keep records of any attempts you may have made to report the dangerous condition and/or violation. Collect any correspondence with the HOA about the issue, including emails, letters, and records of phone calls. These documents help show a pattern of behavior, the HOA's awareness of the problem, and their failure to correct or fix the issue.

Gathering Expert Testimony

Expert testimony can be crucial in clarifying the standard of care expected from a reasonable HOA. Specialists in areas such as engineering, safety, or property management can provide professional opinions on whether the HOA met its obligations. Their insights can help establish if the HOA's actions or inactions fell below the expected standard of care. Expert witnesses can also explain complex issues to a jury, making your case more compelling.

Establishing Damages

To successfully sue your HOA for negligence, you must prove that you suffered damages as a result of their breach of duty. This could include medical expenses from injuries caused by unsafe conditions, economic damages, like lost wages or unpaid medical bills and property damage due to poor maintenance. Gather all relevant medical records, evidence of your lost wage claims and financial statements to support your claim for compensation. Additionally, document any pain and suffering or loss of enjoyment of life resulting from the HOA's negligence.

Legal Strategies for Suing Your HOA

When considering legal action against your HOA for negligence, it's crucial to understand the available strategies and their implications. Suing an HOA can be complex, but with the right approach, you can protect your rights and seek compensation for damages caused by the association's negligence.

Breach of Fiduciary Duty Claims

One powerful legal strategy is to pursue a breach of fiduciary duty claim. HOA board members have a responsibility to act in the best interest of the community. If they fail to maintain common areas, misuse funds, or neglect their duties, you may have grounds for a lawsuit. To build a strong case, gather evidence of the board's actions or inactions that led to unsafe conditions or financial losses.

Negligence Per Se Arguments

Another effective strategy is to use negligence per se arguments. This approach involves demonstrating that the HOA violated specific laws or regulations, which automatically establishes their negligence. For example, if your HOA failed to comply with building codes or safety regulations, you can use this as evidence of their negligence in court. This strategy can be particularly useful in cases involving slip and fall accidents or other premises liability issues.

Overcoming Common HOA Defenses

When suing an HOA for negligence, you might face several defenses. Understanding these can help you build a stronger case.

Here's how to address some common defenses:

Business Judgment Rule

This rule protects HOA boards from liability if they act in good faith. To overcome it, you need to show the board's decision was unreasonable or made without proper information. Gathering evidence of the board's decision-making process and any expert opinions they ignored can be crucial.

Exculpatory Clauses

HOAs often include clauses in their governing documents to limit liability. However, these clauses may not always hold up in court, especially in cases of gross negligence or willful misconduct. Your lawyer can help challenge the validity of these clauses based on Florida law and public policy considerations.

Contributory Negligence

The HOA might argue that you were partly responsible for your injury. To counter this, document the unsafe condition thoroughly and gather witness statements to show the HOA's negligence was the primary cause of your injury. Remember, even if you're found partially at fault, you may still be entitled to compensation under Florida's comparative negligence laws. By anticipating these defenses and preparing accordingly, you can strengthen your case when suing your HOA for negligence.

Conclusion

Suing your HOA for negligence in Florida can be a complex process, but it's crucial to protect your rights and ensure a safe living environment. By understanding common examples of HOA negligence, gathering strong evidence, and exploring various legal strategies, you can build a solid case to hold your association accountable. Remember that overcoming HOA defenses requires careful planning and expert legal guidance.

Taking action against HOA negligence not only helps you seek compensation for damages but also has an impact on improving community standards. If you've been hurt due to unsafe conditions in common areas, it's essential to act promptly. If you need to make a claim against your Homeowners Association, call Pittman Law Firm, P.L. today for a free consultation. By standing up for your rights, you play a part in creating safer and better-managed communities for everyone.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

Florida's Legal Battle Over Disney's Arbitration Clause Explained

Have you been following the latest Disney news about their legal battle in Florida? A recent wrongful death lawsuit against Disney has taken an unexpected turn, bringing attention to the company's use of arbitration clauses in their terms and conditions. This case, stemming from a tragic incident at a Disney Springs restaurant, has sparked debate about consumer rights and corporate accountability.

You might be wondering how this legal dispute could affect you as a Disney+ subscriber or a visitor to Disney World and Magic Kingdom. The lawsuit, which involves allegations of an allergic reaction at Raglan Road Irish Pub, has led to a significant shift in Disney's legal strategy. As the case unfolds, it raises important questions about food allergies, consumer protection, and the fine print in those agreements you often click through without a second thought.

The Wrongful Death Lawsuit Against Disney

Background on the Wrongful Death Disney Case

You might be wondering about the details of the wrongful death lawsuit against Disney. In February 2024, Jeffrey Piccolo filed a lawsuit against Walt Disney Parks and Resorts following the tragic death of his wife, Dr. Kanokporn Tangsuan. The incident occurred during their visit to Disney Springs at Walt Disney World Resort in Florida in October 2023.

Details of the Incident

Dr. Tangsuan, a 42-year-old physician from New York, had severe allergies to dairy and nuts. The couple, along with Piccolo's mother, chose to dine at Raglan Road Irish Pub, partly due to its advertised commitment to accommodating patrons with food allergies. Despite informing the waiter multiple times about Tangsuan's allergies and receiving assurances that the food was allergen-free, tragedy struck. About 45 minutes after their meal, Tangsuan experienced difficulty breathing while shopping alone nearby. She self-administered an EpiPen but collapsed and was rushed to the hospital, where she later passed away.

Legal Claims Made by the Plaintiff

In the lawsuit, Piccolo is seeking over $50,000 in damages plus legal costs. He accuses both Raglan Road Irish Pub and Walt Disney Parks and Resorts of negligence in preparing Tangsuan's food improperly and failing to train their employees adequately to guarantee allergen-free meals as requested. The medical examiner's investigation determined that Tangsuan's death resulted from anaphylaxis due to elevated levels of dairy and nuts in her system.

Disney's Initial Legal Strategy

Invoking the Disney+ arbitration clause

You might be surprised to learn that Disney's initial legal strategy in this wrongful death lawsuit involved an unexpected twist. The company sought to force the case into arbitration based on a clause in the Disney+ user agreement. According to court documents, Disney's lawyers argued that because the plaintiff, Jeffrey Piccolo, had signed up for Disney+ in 2019, he had agreed to resolve all disputes with any part of the Walt Disney Family companies through binding arbitration.

Rationale Behind the Arbitration Request

Disney's legal team claimed that the terms and conditions of the streaming service stipulated that any dispute must be settled out of court through arbitration. This strategy extended beyond just the Disney+ subscription. The company also cited Piccolo's use of their website in 2023 to purchase theme park tickets as another basis for arbitration. While this approach might seem far-fetched, it's not without precedent in the corporate world.

Potential Benefits for Disney

You might wonder why Disney would pursue this strategy. Large companies often prefer arbitration over lawsuits for several reasons. It allows them to avoid the publicity and expense of a public trial. As one trial lawyer explained, "It's much more advantageous from a corporate client's perspective that they are much less likely to incur a great deal of cost." Arbitration is generally seen as more cost-efficient and less time-consuming than a lawsuit that goes before a court or jury. Additionally, corporations tend to favor arbitration based on the assumption that professional arbitrators might take a more dispassionate view of evidence and damages compared to potentially emotionally swayed jurors.

The Plaintiff's Response

Arguments against arbitration

You might be surprised by the plaintiff's response to Disney's arbitration strategy. Jeffrey Piccolo's lawyer, Brian Denney, argued that it was "absurd" to believe that over 150 million Disney+ subscribers had waived all rights to sue the company and its affiliates indefinitely, especially for cases unrelated to the streaming service. Denney stated that such a notion was "outrageously unreasonable and unfair" and would "shock the judicial conscience."

The legal team pointed out that Piccolo had only agreed to Disney+'s terms on a trial basis and had canceled the service before the free trial ended. They also highlighted that the "My Disney Experience Terms and Conditions," which Piccolo agreed to when purchasing 2023 Epcot tickets, didn't contain an arbitration provision and actually allowed for lawsuits to be filed in Orange County, Florida.

Legal Team's Stance on Disney's Strategy

Piccolo's attorneys argued that Disney's attempt to enforce arbitration "bordered on the surreal." They raised an interesting point about Dr. Kanokporn Tangsuan's estate, stating that it wasn't bound by any agreements since Dr. Tangsuan hadn't signed them and the estate didn't exist at the time of the incident. This argument brought attention to a broader issue: can personal injury and wrongful death cases be subject to waivers and conditions that the victim or their future estate didn't explicitly agree to?

Public Reaction to Disney's Approach

The court of public opinion swiftly sided with Mr. Piccolo, criticizing Disney for its attempt to bind him to arbitration. Many viewed this private legal process as disadvantageous to plaintiffs. The backlash was intense, with social media users expressing their shock and disappointment. One commenter even wrote, "Disney villains are real," highlighting the negative sentiment towards the company's legal tactics.

Disney's Reversal and Future Implications

Disney has made a significant shift in its legal strategy. In an unexpected turn of events, the entertainment giant has decided to withdraw its request for arbitration in the wrongful death lawsuit.

Disney's Decision to Withdraw Arbitration Request

Disney's Experiences Chairman, Josh D'Amaro, announced that the company would waive its right to arbitration and allow the case to proceed in court. This decision marks a dramatic reversal from their initial stance, which sought to settle the dispute out of court based on arbitration clauses in Disney+ and theme park ticket agreements.

Reasons Behind the Reversal

The company's change of heart appears to stem from a desire to put "humanity above all other considerations." D'Amaro acknowledged the unique circumstances of the case and the need for a sensitive approach to expedite a resolution for the grieving family. This move suggests that Disney recognized the potential harm to its public image outweighed the benefits of pursuing arbitration.

Potential Impact on Future Cases

While this decision allows Mr. Piccolo's case to move forward in court, it raises questions about future implications. Brian R. Denney, the plaintiff's lawyer, pointed out that the arbitration clauses Disney initially relied upon still exist on various platforms. This situation potentially puts other people injured by Disney's alleged negligence at risk of facing similar legal challenges.

The reversal has caught legal experts off guard. Matt Adler, a partner at Troutman Pepper, noted that it's highly unusual for a party to withdraw an arbitration request instead of letting a judge decide. This move might prompt other corporations to reconsider their approach to arbitration clauses, especially in high-profile cases with significant public interest.

Conclusion

The Disney lawsuit has shed light on the far-reaching effects of arbitration clauses and their potential to impact consumers in unexpected ways. This case has sparked a broader conversation about corporate accountability, consumer rights, and the fine print in user agreements that often goes unnoticed. Disney's decision to withdraw its arbitration request marks a significant shift, potentially influencing how other companies approach similar situations in the future.

As this legal battle continues to unfold, it serves as a reminder of the importance of understanding the terms and conditions we agree to, even for seemingly unrelated services. It also highlights the need for companies to balance legal strategies with ethical considerations and public perception. If you have questions about an accident or injury case, call a legal professional to discuss your options. Moving forward, this case may lead to more scrutiny of arbitration clauses and their scope, potentially resulting in changes to how companies craft and enforce these agreements.

This case, and the far reaching legal consequences it has, is very concerning for personal injury, lawyers throughout Florida. Pittman Law Firm, P.L. is closely watching the situation and will provide updates as they unfold in this case. 

Pittman Law Firm represents injured people in Fort Myers, Bonita Springs, Naples, and throughout Southwest Florida. If you have questions about an auto accident or other personal injury matter,  please call us today for your free consultation.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

What to Do if Your Child is Injured at School in Fort Myers, Florida

As a parent, your child's safety is always your top priority. When you send your child to school, you trust that they will be protected and cared for. However, accidents can happen, and it's crucial to know what to do if your child is injured at school in Fort Myers, Cape Coral, Lehigh Acres or the surrounding areas. Understanding your rights and the steps to take can make a significant difference in ensuring your child's well-being and obtaining fair compensation if necessary.

On this blog we'll explore the common types of school injuries that occur in Lee County, Florida schools, from playground accidents to sports-related incidents. You'll learn about the immediate actions to take after your child is hurt, the concept of school liability under Florida law, and your legal options as a parent. We'll also discuss how factors like inadequate supervision or breach of duty can affect your case and the role a personal injury lawyer can play in helping you navigate this challenging situation.

Common Types of School Injuries in Southwest Florida

When you send your child to school, you expect them to be safe. However, accidents can happen, and it's crucial to be aware of the common types of injuries that occur in Southwest Florida schools.

Playground Accidents

Playground injuries are a significant concern in schools. Each year, about 200,000 children require emergency department treatment due to playground-related injuries. These incidents often occur when children fall from tall equipment like monkey bars. Other common playground injuries include:

• Trips over equipment
• Injuries from swings
• Bruises, scrapes, or cuts from sharp edges
• Head injuries, which can be serious or even fatal
• Broken bones, sprains, and wounds to the teeth and mouth

Sports-Related Injuries

Sports activities at school can lead to various injuries. These may range from minor sprains to more severe conditions. It's essential to ensure proper safety measures are in place during sports activities to minimize the risk of injuries.

Slip and Fall Incidents

Slip and fall accidents are a common occurrence in schools. These incidents can result in serious injuries, especially on wet or slippery surfaces. Some key points to consider:

• Falls are the leading cause of hip fractures and traumatic brain injuries
• Wet floors, uneven pavement, and poor lighting can contribute to these accidents
• Proper maintenance and prompt addressing of hazards can prevent many slip and fall incidents

To protect your child, it's crucial to be aware of these common school injuries. If your child is injured at school, consult with Personal Injury Attorney David Pittman to understand your legal options and ensure your child's rights are protected.

Immediate Steps to Take After Your Child is Injured

Seek Medical Attention

If your child is injured at school, your top priority is to ensure they receive proper medical care. In case of serious injuries, the school should call emergency services (911). For less severe injuries, have your child examined by the school nurse or seek medical attention from a licensed physician or hospital. Remember, even if the injury seems minor, it's crucial to have it professionally assessed to prevent potential complications.

Document the Incident

To protect your child's rights and support any potential claims, it's essential to document the incident thoroughly. Request an incident report from the school principal's office immediately. This report should include a detailed description of the accident, any witnesses present, and the staff members involved. If possible, take photos of the injury and the accident scene. Keep all medical records and bills related to the injury, as these will be crucial if you need to file a claim later.

Notify School Authorities

Inform the school principal's office about the incident and express your intention to file a claim report. The school will complete an incident report and forward it to the School Insurance of Florida claim office. Upon receiving this report, School Insurance of Florida will mail you details about policy benefits, claim filing instructions, and a claim form. It's important to submit the completed claim form within 90 days of the accident to receive benefits.

Remember, if you're considering legal action, it's advisable to consult with Personal Injury Attorney David Pittman. They can guide you through the process, help you understand your rights, and ensure you take all necessary steps within the required timeframes.

Understanding School Liability in Southwest Florida

When your child is injured at school, you may wonder about the school's responsibility. In Southwest Florida, school liability is a complex issue involving several legal concepts.

Duty of Care

Schools in Florida have a legal obligation to protect students' safety. This duty stems from the special relationship between schools and students, known as the in loco parentis doctrine. It means schools act in place of parents during school hours and activities. This duty extends to reasonably supervising students and providing a safe environment, even during off-campus school-sponsored events.

Negligence

If a school fails to fulfill its duty of care, it may be considered negligent. Examples of school negligence include:

• Premises negligence: Improper maintenance of school grounds creating unnecessary risks
• Negligent supervision: Failure of staff to provide proper oversight
• Violence: Injuries resulting from acts of violence on school grounds

To prove negligence, you must show the school breached its duty, leading to your child's injury and resulting damages.

Sovereign Immunity

Public schools in Southwest Florida are protected by sovereign immunity, a legal doctrine that typically shields government entities from lawsuits. However, Florida law allows for exceptions. If the school district's negligence led to your child's injury, especially by breaching an operational duty, sovereign immunity may be waived.

It's important to note that even when liability is established, Florida law caps damages at $200,000 per child or $300,000 per incident. For catastrophic injuries, families may need to pursue a state legislative bill for full compensation.

Navigating school liability cases can be challenging. If your child is injured at school, consult with Personal Injury Attorney David Pittman to understand your legal options and ensure your child's rights are protected.

Legal Options for Parents of Injured Children

If your child has been injured at school in Lee County, Florida, you have several legal options to pursue compensation. Understanding these options can help you protect your child's rights and secure the support they need.

Filing a Claim

To start the legal process, you need to file a claim. For public schools, you must first submit a Notice of Claim to the school district and the state's Department of Financial Services within 60 to 90 days. This notice should describe the accident, the negligence involved, your child's injuries, and the compensation you're seeking. For private schools, you can typically file a claim directly with the school's liability insurance carrier.

Potential Compensation

Through a personal injury lawsuit, you may recover both economic and non-economic damages. These can include:

1. Medical expenses already incurred
2. Estimated future medical costs
3. Lost earning capacity if the accident affects your child's development
4. Pain and suffering

Keep in mind that for public schools, Florida law caps damages at $200,000 per child or $300,000 per incident. In cases of catastrophic injuries, you may need to pursue a state legislative bill for full compensation.

For expert guidance through this complex process, consult with Personal Injury Attorney David Pittman to ensure your child's rights are protected and you receive fair compensation.

Conclusion

Protecting your child's safety and well-being at school is crucial, and knowing what steps to take if an injury occurs can make a big difference. This article has explored the common types of school injuries in Southwest Florida, the immediate actions to take after an incident, and the legal concepts surrounding school liability. Understanding these aspects can help parents navigate challenging situations and ensure their children's rights are protected.

If your child is hurt at school, remember to seek medical attention right away, document the incident thoroughly, and notify school authorities promptly. Personal Injury Attorney David Pittman can provide valuable guidance to help you understand your legal options and pursue fair compensation if needed. By being informed and proactive, you can better safeguard your child's interests and work towards a positive resolution in the event of a school injury.

FAQs

What should I do if another student injures my child at school?
If your child is injured by another student at school, initially discuss the incident with school officials. For severe injuries, consider consulting a lawyer to understand your legal options.

Is it possible to file a negligence lawsuit against a school in Florida?
Yes, you can sue a school for negligence in Florida. To do so, you must demonstrate that the school had a duty of care towards your child, which is generally established by your child's enrollment. Additionally, you need to prove that the school breached this duty, your child was injured as a result, and the injury was due to the school's negligence.

What steps should be taken if a child gets injured?
When a child is injured, handle them with extreme care, supporting the area above and below the injury. Comfort the child and transport them to a hospital if necessary. Administer pain relief if you believe they are in pain and are heading to the emergency department.

If your child has been injured at an accident at school, call Pittman Law firm today for a free consultation.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

Why a Trip and Fall Accident Often Leads to a Broken Wrist

Have you ever wondered why a simple trip and fall or slip and fall often results in a broken wrist? You're not alone. This common injury happens more frequently than you might think, and understanding the reasons behind it can help you stay safe and informed. A broken wrist can have a significant impact on your daily life, affecting everything from work to personal care.

We will explore the instinctive response that leads to wrist fractures during falls. You'll learn about the factors that increase your risk of a broken wrist and the immediate and long-term consequences of this injury. We'll also discuss how to tell if you have a broken wrist or a sprain, when surgery might be needed, and tips for living with a cast. By the end, you'll have a clear understanding of why wrist injuries are so common in slip and fall accidents and how to best protect yourself.

The Instinctive Response: Extending Arms During a Fall

When you experience a slip and fall, your body's natural reaction is to extend your arms. This instinctive response, while protective in nature, can lead to unintended consequences. Let's explore the mechanics behind this reaction and why it often results in a broken wrist.

Protective Reflex

Your body has a built-in protective mechanism that kicks in during a fall. This reflex causes you to extend your arms to brace for impact. Studies have shown that this reaction occurs about 100 milliseconds before you hit the ground. It's a lightning-fast response aimed at safeguarding your head and torso from injury.

However, the effectiveness of this protective arm reaction depends on several factors:

1. The speed of the fall
2. The height from which you're falling
3. The direction of the fall

These elements influence how quickly you can orient your hands and arms to protect yourself. In a slip and fall scenario, you often have less time to react, which can affect your ability to position your arms effectively.

Force Distribution

When you extend your arms during a fall, you're essentially trying to distribute the force of impact. Your arms act as shock absorbers, attempting to slow your body's momentum and prevent more serious injuries to vital areas like your head or spine.

The way your arms respond to the fall can vary based on the height:

• From lower heights, your elbows tend to be more flexed at impact
• As fall height increases, your arms extend more fully

This modulation helps your body adapt to different fall scenarios. However, it's important to note that while this strategy can protect other parts of your body, it puts your wrists at significant risk.

Unintended Consequences

While extending your arms is a natural protective response, it often leads to unintended consequences, particularly for your wrists. When you land on your outstretched hands, the force of impact is concentrated on a relatively small area – your wrists. This concentration of force is what frequently results in a broken wrist.

The risk of injury increases with:

• Higher fall velocities
• Increased body weight
• Reduced muscle strength (often seen in older adults)

Additionally, older adults may have delayed arm responses during a fall, which can further increase their risk of injury. This delay not only reduces the chances of successfully recovering balance but also minimizes the time available to prepare for impact, potentially leading to more severe wrist injuries.

Factors Increasing Risk of Wrist Fractures

When you slip and fall, several factors can increase your risk of a broken wrist. Understanding these can help you take precautions to protect yourself.

Age and bone density

As you age, your bones naturally become less dense, making them more susceptible to fractures. After 50, bone breakdown often outpaces bone formation, particularly for women during menopause. This leads to conditions like osteopenia (low bone density) or osteoporosis, which significantly increase your fracture risk.

A bone densitometry test (DXA scan) can measure your bone mineral density (BMD). The results are compared to the average BMD of a young adult:

• T-score of -1 to +1: Normal bone density
• T-score of -1 to -2.5: Osteopenia
• T-score of -2.5 or lower: Osteoporosis

Remember, for every one-point drop below 0, your fracture risk doubles.

Surface conditions

The type of surface you fall on plays a crucial role in determining the severity of your injury. Hard, unyielding surfaces increase the impact force on your wrist, raising the fracture risk. Conversely, more compliant surfaces can help absorb some of the impact, potentially reducing the likelihood of a break.

Fall height and angle

The height from which you fall significantly affects the impact force. A fall from standing height (about 75 cm) can generate an impact force of around 980 N on your hand. At this force, your risk of a wrist fracture is between 25% and 50%.

The angle of your fall also matters. Wrist fractures are more common in forward or backward falls where you instinctively extend your arm to catch yourself. This outstretched hand position concentrates the impact force on your wrist, increasing the fracture risk.

To protect yourself, be aware of your surroundings, maintain good bone health, and learn proper falling techniques. If you're concerned about your bone density or fall risk, consult with your healthcare provider for personalized advice and potential preventive measures.

Immediate and Long-Term Consequences of a Broken Wrist

Pain and swelling

When you experience a slip and fall that results in a broken wrist, you'll likely feel severe pain immediately. This pain might worsen when you try to grip, squeeze, or move your hand or wrist. Along with the pain, you'll notice swelling and tenderness in the affected area. Bruising is also common, and you might see an obvious deformity, such as a bent wrist.

It's crucial to seek medical attention right away if you suspect a broken wrist, especially if you experience numbness, swelling, or difficulty moving your fingers. Delaying diagnosis and treatment can lead to poor healing and decreased function.

Mobility limitations

After a wrist fracture, you'll experience significant limitations in your wrist's range of motion. You may have trouble moving your wrist up and down, side to side, or turning your hand palm-side up. These limitations can affect your daily activities and may require occupational therapy to regain full function.

Initially, your wrist will be immobilized in a cast or splint for several weeks. Once the cast is removed, it's normal to feel stiff and weaker, but this should improve within a couple of weeks for uncomplicated fractures. However, if stiffness, weakness, or pain persist, you may need additional therapy.

Potential complications

While most wrist fractures heal well with proper treatment, there are potential complications to be aware of. Some patients may experience permanent stiffness or pain. Fractures that extend into a joint can lead to arthritis years later. If you notice pain or swelling in your wrist long after the initial break, it's important to consult your doctor for an evaluation.

In rare cases, trauma to the wrist can injure adjacent nerves and blood vessels. If you experience numbness or circulation problems, seek immediate medical attention. Additionally, complex regional pain syndrome is a potential complication that can cause ongoing pain and sensitivity in the affected area.

Conclusion

Understanding the mechanics of slip and fall accidents and their connection to wrist fractures sheds light on a common yet often overlooked injury. The body's instinctive response to extend the arms during a fall, while protective in nature, puts the wrists at significant risk. Factors such as age, bone density, surface conditions, and fall height all play a role in determining the likelihood and severity of a wrist fracture.

The consequences of a broken wrist can be far-reaching, affecting daily activities and potentially leading to long-term complications. Being aware of these risks and taking preventive measures can help reduce the chances of injury. Remember, if you suspect a broken wrist after a fall, seeking prompt medical attention is crucial to ensure proper healing and minimize potential complications.

Personal Injury Attorney David Pittman has represented thousands of Southwest Florida residents in accidents for over 30 years. Pittman Law Firm, P.L represents clients in Fort Myers, Cape Coral, Fort Myers Beach, San Carlos Park, Estero, Bonita Springs, North Naples, Naples Park, Naples, golden Gate and all throughout Lee and Collier counties. 

If you have sustained injuries after a trip and fall or slip and fall accident, call Pittman Law Firm, P.L. today for a free consultation.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

Why Social Media Can Hurt Your Personal Injury Case More Than You Think

Have you ever considered how social media can hurt your personal injury case? In today's digital age, what you post online can have a significant influence on the outcome of your legal claim. Social media platforms have become an integral part of our daily lives, but they can also serve as a goldmine of information for insurance companies and defense attorneys looking to discredit your case.

Your social media activity can impact your credibility, provide evidence about your injury severity, and even contradict your testimony. Insurance companies often conduct social media investigations to gather accident details and find evidence against you. It's crucial to understand how social media and personal injury claims intersect, as seemingly innocent posts can shape jury perception and potentially undermine your case. To protect your interests, it's essential to be aware of the risks and take steps to safeguard your online presence during legal proceedings.

The Digital Footprint: How Social Media Posts Become Evidence

In today's digital age, your social media activity can have a significant impact on your personal injury case. Personal Injury Attorney David Pittman advises, "it's crucial to understand how your online presence can become evidence in legal proceedings."

Types of posts that can be used as evidence

Social media content that can be used as evidence includes posts, comments, photos, and videos from platforms like Facebook, Instagram, Twitter, or Snapchat. Even seemingly innocent updates about your daily activities or check-ins at locations can be relevant to your case. For instance, a post showing you engaging in physical activities might contradict claims of severe injuries, potentially damaging your case.

How Defense Attorneys Access Your Social Media

You might think that setting your profile to private protects you, but this isn't always the case. Defense attorneys have various methods to access your social media content:

1. Public information: Any publicly available posts are fair game.
2. Legal discovery: Attorneys can request access to your social media records through court orders.
3. Witness cooperation: Friends or acquaintances might voluntarily provide information.

The Legal Basis for Using Social Media as Evidence

Courts generally consider social media content admissible if it's relevant, authentic, and obtained legally. The Federal Rules of Evidence govern the admissibility of such content. However, the authentication process can be challenging due to the ease of manipulation in digital content. Courts often require additional evidence, such as IP address logs or expert testimony, to establish the authenticity of social media posts.

Remember, even private messages can potentially be used as evidence if obtained legally. It's crucial to exercise caution in your online activities throughout your personal injury case to protect your interests.

Contradicting Your Claim: When Posts Undermine Your Case

Social media can significantly impact your personal injury case by providing contradictory evidence. Insurance companies and defense attorneys often scour social media accounts to find information that could undermine your claims of injury. Even seemingly innocent posts can be misconstrued and used against you.

Examples of Damaging Posts

Photos or videos showing physical activities can be particularly harmful to your case. For instance, if you claim a severe back injury but post pictures of yourself hiking or dancing, this could raise doubts about the legitimacy of your injury. Similarly, check-ins at locations or posts about vacations might be used to argue that your injuries are not as debilitating as you claim.

How Innocent Posts Can Be Misinterpreted

Social media often presents a highlight reel of our lives, focusing on positive moments. A simple status update like "I feel great today!" might reflect a small improvement in your condition, but it could be interpreted as evidence of full recovery. Even photos from social gatherings or dinner outings can be misconstrued as proof of a normal, active lifestyle, potentially conflicting with claims of severe injury or disability.

The Impact on Your Credibility

When social media activity contradicts your injury claims, it can severely damage your credibility. This inconsistency can weaken your bargaining position, leading to reduced settlement offers or even the dismissal of your entire claim. Insurance companies may use this evidence to minimize payouts or refuse to settle altogether. Remember, even if your profile is set to private, your posts can potentially be accessed through legal discovery processes.

Privacy Settings Are Not Foolproof: Why 'Private' Doesn't Mean Safe

You might think that setting your social media profiles to private offers complete protection, but this isn't always the case. Personal Injury Attorney David Pittman advises, "it's crucial to understand the limitations of privacy settings in social media platforms".

How Private Posts Can Still Be Accessed

Even with strict privacy settings, your social media content can be accessed in various ways. Insurance companies and defense attorneys may send a letter of preservation, requiring you to maintain and preserve all social media evidence. This means that even private posts could potentially be subject to legal scrutiny. Additionally, search engines, court databases, and proprietary databases can be used to uncover information about you that's accessible via the internet.

The Risks of Friend Requests and Tags

Be cautious of friend requests from unknown individuals, as they might be attempts to gain access to your private information. Remember, you're not only responsible for what you post but also for what your family and friends might post or tag you in. It's advisable to ask your loved ones to refrain from tagging you in any posts during your personal injury case.

Legal Ways to Obtain 'Private' Information

Courts have ruled that "private" social media content isn't necessarily privileged information. In legal proceedings, if the information is relevant to the case, it may be discoverable. For instance, in Forman v. Henkin, the Court of Appeals determined that private Facebook materials could be used as evidence if directly relevant to the legal matter at hand. This ruling means that even your private posts could potentially be used against you in a civil lawsuit.

Best Practices: Navigating Social Media During a Personal Injury Case

 Personal Injury Attorney David Pittman advises, "navigating social media during a personal injury case requires extreme caution."

 Here is some guidelines from Pittman Firm, P.L. to protect your interests:

Guidelines for social media use

1. Set all your social media accounts to private.
2. Avoid accepting friend requests from unknown individuals.
3. Refrain from posting anything about your case, injury, or recovery process.
4. Don't share photos of physical activities or vacations that could contradict your injury claims.
5. Be mindful that even "private" posts can potentially be accessed through legal means.

What to Tell Friends and Family

It's crucial to inform your loved ones about the importance of social media discretion during your case. Ask them to:

1. Avoid tagging you in posts or sharing information about your injury.
2. Refrain from discussing your case online.
3. Respect any confidentiality agreements related to your settlement.

Alternatives to Social Media for Updates

Instead of relying on social media to keep your network informed, consider these alternatives:

1. Communicate updates through phone calls or in-person meetings.
2. Use secure messaging apps for private conversations.
3. Designate a trusted family member to relay important information to others.

Remember, the safest approach is to minimize your social media presence entirely until your case is resolved. If you must use social media, exercise extreme caution and consult with your attorney before posting anything that could potentially impact your case.

The impact of social media on personal injury cases is far-reaching and often underestimated. From providing contradictory evidence to damaging credibility, online posts can significantly influence the outcome of legal proceedings. It's crucial to recognize that privacy settings aren't foolproof, and even seemingly innocent updates can be misconstrued to undermine your claim.

To protect your interests, it's wise to exercise caution in your online activities throughout your personal injury case. This means being mindful of what you post, setting strict privacy controls, and educating friends and family about the potential risks. If you have been injured in an accident, call Pittman Law Firm, P.L. today for your free consultation.We handle cases in Bonita Springs, Fort Myers, Cape Coral, Estero, San Carlos Park, Naples, Naples Park, Golden Gate, Fort Myers Beach, Sanibel, Captiva, Marco Island, Lehigh Acres and all across Southwest Florida.

Remember, the safest approach is to minimize your social media presence until your case is resolved, ensuring that your online footprint doesn't jeopardize your chances of a fair settlement.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.