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Can Your Insurance Premiums Increase After an Accident That Wasn’t Your Fault? Understanding Florida Law

shebaabraham@goldberg-law.com (Sheba Abraham) — Sat, 15 Mar 2025 18:44:48 GMT

Goldberg Noone Abraham – Fighting for the Rights of Florida Drivers

Being involved in a car accident is stressful enough, but worrying about your insurance premiums increasing, even when the crash wasn’t your fault, is a stress we see often. At Goldberg Noone Abraham, we understand how frustrating the automobile accident insurance claim process can be, and we want Florida drivers to know their rights under Florida law.

What Does Florida Law Say About Premium Increases After a No-Fault Accident?

Under Florida Statute § 626.9541(1)(o)3.a, insurance companies are prohibited from raising your premiums solely because you were involved in an accident that was not your fault . This is part of Florida’s Unfair Insurance Trade Practices Act, designed to protect consumers from unfair treatment by insurance companies.

This means that if you were hit by another driver and you were not at fault, your insurer cannot legally increase your premium based on that accident alone. However, some insurance companies try to find loopholes or justify rate hikes under other factors.

Common Insurance Tactics: How Insurance Companies Try to Work Around the Law

Even though insurers can’t increase your premiums directly due to a no-fault accident, they might still attempt to justify rate hikes through other means, such as:

Reassessing Risk Factors: Insurance companies may claim they are adjusting rates due to an overall change in risk factors, even though the timing aligns with your accident.
Geographic Rate Adjustment s: If you live in an area with a high accident rate, they may argue that regional risk is causing premium increases.
Claim Frequency Adjustments: If you’ve had multiple claims (even if they weren’t your fault), they might use that to justify raising rates.

If you have questions about your premiums after an accident that was not your fault, call us for a free consultation. We are dedicated to ensuring insurance companies treat you fairly under Florida law.

Navigating Property Damage after an Accident

Tue, 02 Jul 2024 00:08:27 GMT

Navigating Property Damage Claims after an Automobile Crash

Automobile accidents can be stressful and confusing, particularly when it comes to handling the aftermath of property damage claims. In Florida, property damage liability coverage is not just recommended—it's required by law. Understanding how this insurance coverage works and what it entails can make the claims process smoother and help you get back on track quickly.

What is Property Damage Liability Coverage?

Property damage liability coverage is designed to reimburse you for your vehicle and all personal property damaged as a result of an automobile accident. Unlike collision coverage available under your own insurance policy, this coverage is provided by the insurance policy for the at-fault vehicle.

What Does Property Damage Liability Cover?

In the event of an accident, property damage liability insurance covers a wide range of items, including:

Vehicles : The cost to repair or replace a damaged vehicle.
Car Seats: Replacement of child car seats and car seat bases that were in the vehicle during the accident.
Personal Items: Coverage also extends to personal items such as destroyed phones, laptops, sunglasses, helmets, jewelry, clothing, and other belongings that were clearly damaged because of a wreck.

Steps to Take After an Accident

We highly recommend you contact your attorney when beginning the claims process with an insurance company. The insurance company will often request a recorded statement quickly after opening your claim. Providing clear and accurate details is important to making sure your claim is handled properly and promptly.

If you have questions after an automobile accident, our attorneys are available 24/7 at (239) 461-5508 to answer your questions.

HB 837 - Who Won?

Tue, 19 Mar 2024 17:27:04 GMT

The Dark Side of Insurance: Profits Over People

In the realm of consumer protection, insurance companies wield immense power. While their primary purpose should be to safeguard individuals and provide financial security in times of need, recent legislative developments have highlighted a disturbing trend: the prioritization of insurance company profits over the welfare of consumers. The Florida Tort Reform Act 2023 (also known as HB-837), stands as a stark example of this troubling phenomenon, where insurance companies stand to benefit while consumers bear the brunt of rising premiums and diminished rights.

The passage of HB-837 was heralded as a step toward reducing premiums and fostering insurance company competition. However, behind the veil of propaganda lay a bill crafted to serve the interests of insurance corporations at the expense of ordinary citizens. Under the guise of reducing premiums, the true implications of this legislation have become clear: a win for insurers and a loss for consumers.

One of the most glaring failures of HB-837 is the continued increase in insurance premiums Floridians everywhere are facing. With fewer checks and balances in place, insurance companies have been given free rein to hike up prices, leaving consumers grappling with exorbitant costs for essential coverage. While proponents of the bill argued that the tort reform would drive premiums down, the reality has proven to be quite the opposite. Floridians are feeling the squeeze of skyrocketing premiums with no reasonable alternatives. To manage these increasing costs, policyholders have been forced to drop valuable coverage that would have protected their family in the event of a catastrophic injury or loss.

Moreover, HB-837 has eroded crucial consumer rights, further tilting the scales in favor of insurance companies. Protections once afforded to policyholders have been diluted or outright eliminated, leaving individuals vulnerable to exploitation and unfair practices. From arbitrary claim denials to limited recourse for grievances, the balance of power has shifted decisively in favor of insurers.

Southwest Florida, particularly after Hurricane Ian, knows all to well what happens when an insurance company fails to treat its policyholders fairly. At the end, the true measure of a just society lies not in the profits of its corporations, but in the fair treatment and protection of upstanding citizens.

As we are approach the one year mark since the biggest insurance industry handout in Florida legislative history, we ask you - who really won?

Insurance Premiums Rising?

shebaabraham@goldberg-law.com (Sheba Abraham) — Tue, 15 Aug 2023 11:01:45 GMT

Insurance Trends & Forecasts

Insurance, at its core, is a promise . Policyholders pay a sum of money, known as a premium , to an insurance company. In return, the company promises to pay out a specified amount should a particular event, like a car accident or house fire, occur. Theoretically, the system operates on trust and risk calculation , but the mechanics of how insurance companies profit can sometimes leave consumers scratching their heads.

The Risk Calculation

Insurance companies employ a fleet of actuaries, professionals skilled in mathematics, statistics, and finance, to predict the likelihood and cost of a claim. Using vast amounts of data, actuaries determine the premiums policyholders should pay. Their goal is to ensure the premium covers potential claims, operational costs, and allows for a desirable profit margin.

Losses and Profits

At first glance, it seems counterintuitive for an insurance company to profit from losses. After all, a large claim payout would mean that the insurer is losing money. However, it's essential to understand the bigger picture. Insurance companies pool the premiums of many customers. While one policyholder might may suffer a covered loss, several others will not. This pool of premiums, when effectively managed, should exceed the total payout for claims.

Investments

Insurance premiums don’t just sit idle. Once they’re collected, insurance companies actually invest a significant portion of these funds, typically in low-risk assets like bonds. The returns from these investments often form a sizable portion of an insurance company’s profit. Even if an insurer breaks even between the premiums collected and claims paid, they can still turn a profit through savvy investments.

Florida Trends in Auto Insurance

Florida saw its population rise enormously during the pandemic. From April 2020 to April 2021, approximately 330,000 people moved to Florida. This equated to over 900 people moving to the state each day. The busier the roads, the more likely an accident will occur. But let's look at specific causes for the rise in auto insurance premiums:

1. Rising Inflation

If you are involved in a car accident, the cost to repair your vehicle is now much higher than it used to be. Skyrocketing cost of materials and labor directly impacts how much it would take to repair or replace a vehicle after a crash.

2. Rising Cost of Healthcare

Similarly, higher healthcare costs play a role in pushing up premiums. At Goldberg Noone Abraham, we are seeing the average hospital bill after a car accident 2-3x higher than what we saw just ten years ago. While there are many factors resulting in these high charges, the patient or victim of the car accident is still left with that debt, resulting in more insurance claims for reimbursement. The same is true for their future medical needs. What once seemed affordable is no longer.

3. Uninsured Drivers

Florida ranks sixth among the states with the highest percentage of uninsured drivers. In addition, in Florida, vehicle owners are not required to carry bodily injury liability insurance. This means a reckless driver can cause an accident, resulting in injuries, and lawfully have no insurance to pay for the consequences. We have urged our legislature to change the law to ensure people are held accountable, instead of forcing people to use their own insurance to pay for someone else's negligence.

4. Litigation Costs

Insurance companies often point the finger at the consumer for the increase in lawsuits, but in reality -- insurance companies are consistently wrongfully denying claims and lowballing the consumers they feel they can take advantage of. This course of dealings leads to lawsuits as consumers are left with no choice but to hire an attorney to get the insurance company to do the right thing. In some circumstances, insurance companies have been heavily fined for its practices of knowingly denying valid claims. When insurance companies are held to higher standards, good faith claims handling practices will increase and litigation costs will go down.

Ultimately, there are a number of factors that contribute to the rise of insurance premiums. While insurance companies are for-profit entities and have strategies to ensure profitability, it's essential for consumers to be informed. Understanding how premiums are calculated and where the money goes can lead to better choices in policies and planning.

Daycare Injuries

shebaabraham@goldberg-law.com (Sheba Abraham) — Sat, 25 Mar 2023 01:03:47 GMT

What You Need to Know About Daycare Injuries in Florida

As a parent, one of the most important decisions you will make is choosing the right daycare for your child. You want to be sure that your child is in a safe, nurturing environment while you are at work. Unfortunately, not all daycares live up to this expectation, and sometimes children are injured as a result of carelessness, or even worse, intentional abuse.

If your child has been injured while in the care of a daycare, you may be wondering what your options are.

Daycares have a legal duty to provide a safe environment for the children in their care. This duty of care includes ensuring that the facility is properly maintained, the equipment is safe, the appropriate child to caregiver ratio is met, and the staff is properly trained. If a daycare fails to meet this duty of care, and a child is injured as a result, the daycare may be held liable for the child's injuries.

Types of Injuries

There are many different types of injuries that can occur in a daycare setting. Some common injuries include:

Injuries from unsafe playground equipment or furniture
Burns from hot liquids or surfaces
Choking or suffocation
Ingestion of toxic substances
Physical abuse by staff
Sexual abuse by adults permitted to be around the children

If your child has suffered any of these injuries while in the care of a daycare, it is important to seek legal representation from a personal injury law firm with experience advocating for children's rights. The Goldberg Noone Abraham law firm will conduct a thorough investigation, including reviewing the facility's licensure, history of violations, and other incidents. It is important to act quickly, because evidence must be preserved, especially surveillance videos that may have recorded the incident itself.

There are many regulations that apply to licensed childcare facilities, and it is important that facilities be held accountable when failure to abide by those regulations lead to preventable injury, abuse, or death.

Florida Statute 402.305 provides the following Licensing Standards for child care facilities:

(1) LICENSING STANDARDS.—The department shall establish licensing standards that each licensed child care facility must meet regardless of the origin or source of the fees used to operate the facility or the type of children served by the facility.

(a) The standards shall be designed to address the following areas:

1. The health, sanitation, safety, and adequate physical surroundings for all children in child care.

2. The health and nutrition of all children in child care.

3. The child development needs of all children in child care.

This Statute also provides minimum staff to child ratios:

4) STAFF-TO-CHILDREN RATIO.—

(a) Minimum standards for the care of children in a licensed child care facility as established by rule of the department must include:

1. For children from birth through 1 year of age, there must be one child care personnel for every four children.

2. For children 1 year of age or older, but under 2 years of age, there must be one child care personnel for every six children.

3. For children 2 years of age or older, but under 3 years of age, there must be one child care personnel for every 11 children.

4. For children 3 years of age or older, but under 4 years of age, there must be one child care personnel for every 15 children.

5. For children 4 years of age or older, but under 5 years of age, there must be one child care personnel for every 20 children.

6. For children 5 years of age or older, there must be one child care personnel for every 25 children.

7. When children 2 years of age and older are in care, the staff-to-children ratio shall be based on the age group with the largest number of children within the group.

If your child has been injured due to the negligence of a daycare, Goldberg Noone Abraham will fight to ensure your child's rights are protected. D aycares have a duty of care to provide a safe environment for your child, and if they fail to meet that duty, they may be held liable for your child's injuries.

To learn more, or to set up a free consultation, call (239) 461-5508 or e-mail Info@goldberg-law.com.

Road Safety Tips

Wed, 15 Mar 2023 11:48:34 GMT

As traffic increases, caution needs to increase as well.

We have all noticed the extra time our commute to work, school, or the average errand is taking. The number of vehicles on Southwest Florida roads has been steadily increasing over the last few years. Roadway expansions and maintenance are also underway. When there is heavy traffic, there is always an increased risk of more accidents.

Below are 4 tips for driving safely in heavy traffic:

Keep a safe distance : It's important to maintain a safe distance between your vehicle and the one in front of you, especially in heavy traffic. This gives you enough time to react in case the other driver suddenly brakes or changes lanes. A good rule of thumb is to maintain a distance of at least one car length for every 10 mph of speed.
Stay alert and focused : In heavy traffic, it's easy to get distracted by all the other cars around you. Avoid using your phone or engaging in other activities that take your focus away from the road. Stay alert and aware of your surroundings, and be prepared for sudden changes in traffic flow.
Use your turn signals : Using your turn signals is important in heavy traffic to signal your intentions to other drivers. This helps avoid confusion and reduces the risk of collisions. Always signal before changing lanes or making a turn, and be sure to check your mirrors and blind spots before doing so.
Be patient : Patience is key when driving in heavy traffic. It can be frustrating to be stuck in a slow-moving line of cars, but getting angry or impatient won't help you get to your destination any faster. Instead, take a deep breath, stay calm, and focus on driving safely. Remember that everyone else on the road is also trying to get where they're going, and we all need to share the road responsibly.

Despite doing everything right, you may still become the unfortunate victim of automobile negligence. If another person hits you while on the road, our attorneys are available 24/7 at (239)461-5508 to answer your questions immediately after an automobile accident. With offices in Fort Myers and Cape Coral, we serve all of Southwest Florida.

Southwest Florida Roads Increasingly Dangerous

Tue, 29 Nov 2022 21:35:40 GMT

Motor Vehicle Accidents on the Rise in Southwest Florida

In the days, weeks, and months following Hurricane Ian, Southwest Florida has seen inoperable traffic lights, stop signs blown down, and intersections with huge piles of debris blocking the views of drivers and pedestrians. While these hazards on a roadway alone are dangerous enough, there are also several other conditions affecting the increase in motor vehicle crashes in Fort Myers, Cape Coral, Estero, Bonita Springs, North Fort Myers, and surrounding areas:

INCREASED TRAFFIC

Hundreds of contractors and renovation companies have come to Southwest Florida since Hurricane Ian to handle the extensive repairs required as a result of the damage SW Florida sustained. The companies have come with huge trucks, crews of workers, large equipment and many additional work vehicles. The more vehicles on the road, the more likely accidents will take place in our area, especially in smaller areas only designed to handle so much vehicular traffic.

ROADWAY REPAIRS AND DEBRIS REMOVAL

Many roads are still partially closed while work is being performed, leaving a single lane for the flow of two directions of traffic. While these repairs and debris removal is extremely necessary, it does slow down traffic and often leaves inattentive drivers surprised when they come to a sudden stop or change in the normal flow of traffic. Further, we are seeing many work vehicles blocking a single lane of traffic, without proper warnings or personnel there to guide traffic around the vehicle blocking traffic. This forces drivers to quickly evaluate and proceed into the opposite lane of oncoming traffic, often miscalculating the speed and distance of the traffic ahead.

DISTRACTED DRIVING

One thing that has remained consistent is the amount of distracted driving continuing to endanger the public. While many people are tired of the post-Hurricane Ian conditions that remain on our roadways, now is not the time to relax and forget about the dangers on the road. More pedestrian traffic, inadequate lighting from inoperable signs and lights that used to shine onto the streets at night, often leads to crashes with devastating consequences.

If you or a loved one has been injured in an automobile accident, our attorneys are available 24/7 at (239)461-5508 to guide you through the steps ahead. If roadway factors played a role in the accident, photographs of the area are particularly valuable.

How is Fault Determined in a Personal Injury Case?

Sun, 14 Aug 2022 23:31:50 GMT

How is Fault Determined in a Personal Injury Case?

Comparative negligence is a principle that guides an insurance company’s evaluation of a personal injury claim. The state of Florida is a “Comparative Negligence” state. This means if someone is injured in Florida as a result of another’s negligence, compensation for injuries one is entitled to is reduced by his or her own share of responsibility.

Some cases are obvious, such as those involving a drunk driver or a rear-end crash caused by a distracted driver. But, like most things in life, the determination of who is at fault for an accident is not simply black and white. We often hear people say “I received the citation but I believe the other person is responsible for causing this accident.” In many situations, two vehicles in an accident may bear some portion of responsibility.

For example, suppose Person A is traveling with the right of way through an intersection, when person B, coming from the opposite direction starts to approach a left turn directly into person A’s path. Person A is unable to avoid Person B, and as a result, their vehicles crash. Person A suffered serious injuries. However, the investigation reveals that Person A was traveling 15 miles over the speed limit. This is an example of a case involving “comparative negligence.” Person A’s compensation will be reduced by his own share of responsibility in causing this accident.

But who makes the determination of the share of responsibility?

In most cases, a jury will make this determination during a civil trial. The judge will instruct the jury on the laws that apply to a specific set of circumstances, and then after hearing all of the evidence, a jury will make the final allocation of responsibility. While the Florida Traffic Crash Report is a very important resource for evaluating the facts of an accident, there are instances where the analysis of law enforcement is limited. This can be due to a variety of factors, such as critical witnesses not remaining at the scene after an accident, vehicles that were removed from the scene before being fully analyzed, and in many instances - one of the driver’s injuries were so serious, they are unable to share their account of the incident.

If you or a loved one has suffered serious injuries as a result of an accident, and another individual may be responsible, call Goldberg Noone Abraham immediately for a free consultation. Our team will investigate the facts and circumstances, and give you our honest assessment as to whether you have a valid claim.

What Coverages Do I Need?

shebaabraham@goldberg-law.com (Sheba Abraham) — Wed, 03 Aug 2022 22:36:24 GMT

Do I Need Uninsured/Underinsured Motorist (UM) Coverage?

Are you sure you and your family are protected if you are the victim of an automobile accident?

Trial attorney and partner, Michael Noone, warns consumers to be weary of insurance companies that tell you to 'Only Buy What You Need.’ He explains that this phrase really means the insurance company will try to push only those coverages that lead to the largest profit margins for the insurance company. Uninsured/Underinsured Motorist (UM) coverage is the most important coverage you can purchase to protect you and your loved ones, but is not a huge profit maker to insurance companies. Because of this, the state of Florida actually had to pass a law forcing insurance companies to offer this coverage when they sell bodily injury liability coverage, because many insurance companies would not do it on their own.

In Florida, bodily injury liability coverage is not required, so there are many drivers on the road with no way of paying for the injuries they cause. Uninsured/Underinsured Motorist (UM) coverage is designed to protect you if you are involved in a car accident with a driver who lacks adequate insurance to pay for your injuries. We see way too many accidents where the at-fault driver has no insurance coverage to pay for the medical bills or lost wages they cause. In many cases, when our client also has no UM coverage, there is nothing we can do.

Florida Statute 627.727 lays out the requirements insurance companies must follow to verify that a consumer is knowingly rejecting UM coverage or selecting lower limits than the bodily injury liability coverage they have on their policy. It states:

The rejection or selection of lower limits shall be made on a form approved by the office. The form shall fully advise the applicant of the nature of the coverage and shall state that the coverage is equal to bodily injury liability limits unless lower limits are requested or the coverage is rejected. The heading of the form shall be in 12-point bold type and shall state: “You are electing not to purchase certain valuable coverage which protects you and your family or you are purchasing uninsured motorist limits less than your bodily injury liability limits when you sign this form. Please read carefully.” If this form is signed by a named insured, it will be conclusively presumed that there was an informed, knowing rejection of coverage or election of lower limits on behalf of all insureds. The insurer shall notify the named insured at least annually of her or his options as to the coverage required by this section. Such notice shall be part of, and attached to, the notice of premium, shall provide for a means to allow the insured to request such coverage, and shall be given in a manner approved by the office.

The legislature took these steps because they also know how important it is to have uninsured/underinsured motorist coverage to protect you and your family.

Tentative Settlement Reached in Surfside Condo Collapse Lawsuit

Tue, 08 Mar 2022 16:47:32 GMT

First reported by CNN

The families of victims and the survivors of a Surfside Florida condo collapse have agreed on a tentative settlement of more than $55 million with three defendants in a wrongful death lawsuit, according to court documents filed on Tuesday.

In the middle of the night on June 24th, 2021, the Champlain Towers Condominiums experienced a partial building collapse. This led to the deaths of 98 people, ranging in age from one to 92 years old.

Insurers representing the engineering firm responsible for inspecting and certifying the building's structural integrity, Morabito Consultants, and the firm representing the condo association, Becker & Poliakoff P.A., have agreed to settle for $16 million and $31 million, respectively, according to a joint motion to stay all claims against the defendants. Another defendant, DeSimone Consulting Engineers, has agreed to settle for $8.55 million, according to the filing.

Miami-Dade Circuit Judge Michael Hanzmann has preliminarily approved the settlement.

The tentative settlement does not include any admission of wrongdoing from the companies.

An attorney representing some families of the victims, Stuart Grossman, told CNN Tuesday: "My clients, four separate families, are quite pleased with the amounts of these settlements and the fact that they came early as opposed to much later in costly litigation."

The settlement still must receive final approval.

EpiPen Lawsuit $264 Million Settlement

Wed, 02 Mar 2022 16:43:01 GMT

In 2016, the drugmaker Mylan, now known as Viatris Inc, faced widespread public outrage and condemnation due to a dramatic increase in the price of EpiPen allergy treatments, an auto-injectable device that delivers the drug epinephrine for use when experiencing a life-threatening allergic reaction known as anaphylaxis. That price increase saw a pair of EpiPen treatments soar from $100 in 2008, to $600 in 2016, making it less accessible for the patients who needed it.

On Monday, Viatris Inc (Mylan) agreed to a $264 million settlement to resolve a class action lawsuit alleging it engaged in a scheme to delay generic competition to its EpiPen allergy treatment. This case, brought on behalf of consumers, health insurance companies, and other third-party payers, was scheduled to go on trial this month with the plaintiffs seeking $1 billion in damages.

This lawsuit accused Mylan and Pfizer of “unlawfully exercising its monopoly power”, or engaging in wide-ranging anticompetitive behavior that allowed them to maintain a monopoly over the market for these devices.

EpiPens are made by two subsidiaries of Pfizer and are sold by Viatris.

Much of the original case against Mylan was dismissed last year, however, by U.S. District Judge Daniel Crabtree in Kansas City, Kansas, leaving only a claim concerning a 2012 patent litigation settlement with generic drug-maker Teva Pharmaceutical Industries Ltd.

Viatris said the settlement, which is pending court approval, does not contain any admission of liability.

The plaintiffs alleged that the defendants entered into an unlawful “pay-for-delay” settlement with Teva which resulted in the delayed released of a generic version of the EpiPen, allowing Mylan to dramatically increase its product's price without fear of a competitive product.

The plaintiffs alleged that Mylan as part of a “quid pro quo” agreed to also settle unrelated patent litigation involving a brand name drug Teva produced and delay the release of Mylan's proposed generic version of said medication.

Teva and Pfizer have denied wrongdoing. Pfizer agreed to a settlement of $345 million last year. Teva was not a defendant.

"Should I Replace My Child's Car Seat After an Accident?"

Thu, 17 Feb 2022 16:33:17 GMT

Car accidents can be a terrifying, especially when you have your precious child in the car with you. Even an accident as minor as a fender bender can cause damage to a child's car seat or booster seat, which can potentially leave the seat unable to properly protect your child in future accidents.

According to the National Highway Traffic Safety Administration (NHTSA), car seats should always be replaced following a moderate or severe crash to ensure a consistent level of crash protection for child passengers. Even following a minor crash, child safety experts advise that you should replace your seat in most cases following a crash, as structural damage is not always apparent.

What defines a minor crash?

According to the NHTSA, a minor crash where you may not have to replace the car seat is one in which ALL of the following are true:

The vehicle was able to be driven away from the site of the crash.
The vehicle door nearest to the car seat was not damaged.
No passengers in the vehicle sustained any injuries in the crash.
No airbags were deployed during the crash; and
There was no visible damage to the car seat.

What damage should I look for?

When examining the car seat for damage, there are various signs to look for. There could be breaks in the stitching, torn webbing, cracks, or breaks in the seat itself. The Insurance Institute of Highway Safety also recommends that parents search for damage such as cracked plastic parts, bent metal parts, or stretched harnesses or belts.

However, crash damage may not be readily apparent or even visible to the naked eye, and unfortunately there is no dependable or scientific way to verify a seat's continued ability to protect your child. In many cases, it is advised to simply replace the car seat or booster seat after any crash.

In any case, absolutely never use a car seat that has been involved in a moderate to severe crash.

Florida child seat laws:

According to Florida Statutes 316.613, every driver is required to use a federally approved car seat for infants and young children aged five or below. The National Highway Traffic Safety Administration also recommends that drivers always use a car seat for children who have not yet reached the manufacturer's stated maximum weight or height limits. Also, while not legally required, the NHTSA recommends that kids under 12 years old should always ride in the back seat due to the dangers posed by airbags to young passengers.

Will insurance cover the loss of a car seat following a crash?

If a negligent driver crashes into your vehicle, you should submit a request for reimbursement to replace your child's car or booster seat to the at-fault driver's insurance company. This claim is made under the "property damage coverage" under the at-fault driver's insurance policy.

Even if you have handled your vehicle's property damage through collision coverage on your own policy, you can still submit this claim.

Additional compensation you may be entitled to:

If your child's car seat was damaged during an accident, our experienced personal injury attorneys can help you seek compensation for it and any other property that had been damaged in the accident. Examples of other losses we can help you recover compensation for include:

Past medical bills
Lost wages for time you spent recovering
Your lost future earnings if you are unable to return to your job
Past and future pain and suffering
Mental Anguish
Scarring and Disfigurement, if applicable.

Are there time limits when it comes to filing a claim?

According to Florida Statute , you have four years from the date of their accident to file a personal injury case in court. Our accident attorneys can answer any further questions you have regarding filing a case and can help you file a claim within the required time.

Our attorneys work on a contingency-fee-basis…what that means is that you will not owe us anything unless you win your case. Our experienced and compassionate personal injury attorneys would be happy to meet you for a free consultation to discuss the details of your case, as well as answer any other questions that you may have.

Call us any time at (239) 461-5508 or contact us using this form to be connected with a member of our legal team.

Cigarettes and House Fire Safety

Mon, 07 Feb 2022 16:29:06 GMT

This weekend our community experienced 2 different fires confirmed to have been caused by discarded cigarette butts. Friday evening, a Cape Coral family of four lost their home to a fire caused by a cigarette that had been left on a couch or chair. Thankfully, the family and their pets were able to escape without injury. On Sunday afternoon in Lehigh Acres , a cigarette thrown from a vehicle ignited a bush fire that grew to cover ¼ acre. It took fire fighters from two separate stations to contain the blaze.

U.S. fire departments reported an estimated 17,200 home structure fires in 2014 which had been caused by smoking materials (cigarettes, pipes, cigars). These fires were responsible for 570 deaths, 1,140 injuries, and approximately $426 million in direct property damage that year alone. Fires caused by cigarettes and other smoking materials are the number one cause of home fire deaths in the U.S., but they are preventable. It is important for smokers to always exercise fire safety, so that similar events do not occur.

Smoking Fire Safety Tips:

Always smoke outside. There are many flammable surfaces and materials in your home that could catch fire if touched by a lit cigarette or a hot ember. It is always safer to smoke outside, but make sure that you are disposing of your butts properly, and never throw them on the ground.

Never smoke in bed. As described above it is never a good idea to smoke indoors, but it is especially dangerous to smoke on your bed. Mattresses and bedding can be extremely flammable. Smoking in bed is also dangerous due to the possibility of falling asleep while holding a lit cigarette.

Make sure your cigarette is fully extinguished, every time. Never walk away from a lit cigarette. Use ashtrays with a wide base or a bucket filled with sand. When throwing butts and ashes in the garbage, make sure to pour water on them first to ensure they're fully out.

Be alert – do not smoke when taking medications that make you feel tired. You may not be able to correctly prevent or escape from a fire if you are fatigued or have taken sedative medications.

Never smoke near medical oxygen. Medical oxygen is highly flammable and can explode if a spark or open flame comes near. Even if the oxygen is turned off, it still poses a risk of fire.

If you are a cigarette smoker, it is important to always keep fire safety in mind so to avoid dangerous, or even deadly, situations. While smoking-related fires only account for 2% of residential building fires, they are a leading cause of civilian fire deaths, accounting for 14% of fire deaths in residential buildings. If you are interested in quitting smoking, you may find resources at www.TobaccoFreeFlorida.com .

Staying Safe While Having Fun - Bounce House Injuries

Thu, 13 Jan 2022 16:23:51 GMT

When getting ready to allow your child to play on an inflatable device such as a bounce house, the possibility of injury is probably the last thing on your mind. Unfortunately, childhood injuries on bounce houses and similar attractions are on the rise. If you or your child has been injured on one of these devices, you may be entitled to compensation from the negligent party. Our attorneys have decades of experience with handling complex personal injury cases, including those regarding product and premises liability, and are available to speak to you any time at (239) 461-5508 .

While bounce houses and other inflatable attractions are an extremely popular attraction at birthday parties, festivals, and other events, they can be tremendously dangerous. Over recent years, pediatric injuries caused by using a bounce house or other inflatable devices have greatly increased; according to the Child Injury Prevention Alliance an average of 30 children are injured daily on bounce houses. These injuries account for almost 4,000 emergency room visits per year in the United States. Injuries caused by bounce houses can include (but are not limited to):

Bone fractures, most commonly in the arms, legs, hands, and feet
Head and neck injuries
Loss of teeth.

The Child Injury Prevention Alliance offers the following safety tips to help families considering renting or using a bounce house:

Children under six years old should not play in bounce houses.
One child being on the bounce house at a time is the safest way to play, but if playing in groups, there should be no more than four children of similar age and size playing at a time.
Parents should not allow their children to perform flips, somersaults, or general rough housing, as these activities result in the most severe injuries.
An adult should be closely supervising the bounce house and the children inside at all times, prepared to intervene at any point should any child get hurt.
Children should take off their shoes and any jewelry or eyeglasses before entering the bounce house, as well as remove anything sharp from their pockets.
While playing in the bounce house, children should remain towards the center, avoiding the exit, sides, or walls.
Should the bounce house begin to deflate, children should stop playing immediately and safely leave the bounce house.

Bounce houses are a fun addition to any event, but it is important to remember to exercise caution. After sustaining injuries on a device such as a bounce house, you may have questions regarding if you are able to file a lawsuit to recover damages. Determining liability in an injury case surrounding a bounce house accident can be a complicated process, and is best handled by an experienced legal expert. Should you or your child be injured in a bounce house accident, the first thing you should do is seek medical treatment. Next, you will want a compassionate and experienced lawyer on your side; fill out this simple form , and a member of our team will contact you to schedule a free consultation with one of our attorneys.

We hope you stay safe, and have fun!

Confidence is the Antidote to Social Anxiety Disorder - Featuring Scot Goldberg, Esq

Wed, 05 Jan 2022 16:16:47 GMT

Written by Keith Grossman, Esq. Originally published in the December 2021 edition of Res Gestae Magazine.

Since being approximately 5-years-old, Attorney Scot Goldberg started experiencing headaches, stomach aches, massive weight loss, weight gain, uncontrollable shaking, cold feet, restless legs, insomnia, and an overwhelming feeling of dread. The cause of these symptoms was unknown. "From a toddler up, until after graduating from high school, I was tested for everything from cancer to IBS (Irritable Bowel Syndrome). (I had) ct scans, upper and lower GI testing:' Goldberg says.

The overwhelming feeling of dread came from a "sinking feeling that no one else understands or even believes you that you're having these conditions:'

Goldberg was finally properly diagnosed in 1991, when he was a 20-year-old in college. The diagnosis was social anxiety disorder. Dr. Laura Streyffeler, a licensed mental health counselor, says, "People confuse being shy or being introverted as having social anxiety disorder. That's not what it is. It's where being around other people interferes, or significantly impacts, your ability to function:'

With social anxiety disorder, the person fears others are scrutinizing them and judging them negatively. They worry about embarrassing or humiliating themselves. They also fear others will notice they appear anxious. They may have low self-esteem and poor social skills. Everyday interactions cause significant anxiety and selfconsciousness. As a result, they avoid doing things and speaking to people.

Streyffeler says, "Some people don't want to even go outside their home or other 'safe place':'

The fear and anxiety lead to avoidance that can disrupt the person's life. It affects relationships, daily routines, work, school, and other activities. There's also a concern that people with social anxiety disorder are at increased risk for suicide, substance use and major depressive disorder.

It is estimated that fifteen million American adults have social anxiety disorder. It typically begins in the early to mid-teens, though it can sometimes start in younger children or in adults. More than 75% of people experience their first symptoms during their childhood or early teenage years.

The symptoms can be visible, like a flushed face or chest, sweating, trembling or a shaky voice. The anxiety can cause headaches, stomach issues, upset stomach or nausea, trouble catching your breath, dizziness or lightheadedness, cold feet, erratic heart rate, stomach cramps, feeling that your mind has gone blank and muscle tension. Goldberg says, "All of these issues can be scary and very real:'

Streyffeler explains social anxiety disorder is not diagnosed just based on the symptoms. She says the diagnosis is based on asking questions and "looking at the context of their whole life:' Many times the cause can be traced back to "some type of trauma': She also says, "Most of the time, there's a genetic predisposition:'

There are ways to successfully manage social anxiety disorder, primarily by learning coping skills in psychotherapy and taking medications. Getting help early always assists with treatment. The course of treatment helps the person gain confidence and improve their ability to interact with others.

Streyffeler says, "The disorder adds insult to injury because it makes people really feel like they're broken, but they're not, just struggling:'

Goldberg says, "Back then, it was still treated in the general population as a weakness, or a stigma. My family and friends would not let me view it that way. The help of a good therapist is the most important part of the puzzle for me. After finally being diagnosed, I was lucky enough to be referred to a psychiatrist who helped me with meds, and had me speak to a psychologist in his office:'

Streyffeler says the type of coping skills to use depends upon how old the person is, what type of support system they have and the type of person they are. She says, "Just seeing a therapist isn't going to make it go away. You have to do the work."

Streyffeler says people make the mistake of focusing on the diagnosis label. "They focus on the cause or on the symptoms, and don't work on coping:' Goldberg believes "confidence is the antidote to anxiety, even sometimes when you have to fake it''. He counsels you have to believe you will be alright and you shouldn't “hide in your safe place to avoid the runaway thoughts and fears''.

"The safe place is usually at home, with only people around you that understand your condition. A familiar place is a safe place and will allow you to feel comfort. However, retreating there and not venturing out is a slippery slope. When I did this, or still do this, I know that I am not helping myself or my illness:'

Other ways to reduce the impact of social anxiety disorder include exercising, meditating, journaling, managing time and energy by setting priorities and avoiding unhealthy substances, which can include caffeine or nicotine. Streyffeler says, "Working off that nervous energy helps:'

From his course of treatment, Goldberg has learned, "you have to be willing to accept the uncomfortable feeling you get from anxiety. Not fight it but allow it to flow through you. Knowing that you will not feel this way for long, and it will not kill you. I know it sounds funny to say it will not kill you, but when you're at your wits end, that's how it feels:'

"I know that certain things will trigger the anxiety, so I am not looking for it, but at the same time, if it happens, I know what I can do to help myself. This is of great help to me mentally, and it also allows for other people with these issues to know that they are not alone. It's ok to feel anxious, but always knowing you will feel better in time, and not to let it take over your life:'

"Even with treatment, you can still fall under these very real objective side effects of anxiety. However, treatment gives you hope. Hope is a very powerful tool when you have gone for years, and no one could tell you why you're feeling this way. It does not magically go away. Ever. It can return for good reason or for no apparent reason. Treatment or no treatment”.

When feeling anxious in a social situation, getting fresh air or some deep breathing can help. Streyffeler says, "Oxygen counteracts adrenaline, which is triggered by the 'fight or flight' response of the anxiety:'

Most people who have social anxiety disorder don't want to speak about it. They want to hide it. One person characterizes talking about it publicly as "career suicide''.

Streyffeler says high-functioning professionals, such as attorneys, can be good at hiding the anxiety and putting on a strong public persona. She says they are able to do that because they may not feel vulnerability; rather, "they perceive themselves in a power position."

Streyffeler also point out high-functioning professionals can be proficient at developing "high coping skills".

Despite his condition, Goldberg is a successful trial attorney, manages a busy personal injury practice and meets with several clients and business contacts daily. While social anxiety disorder is something Goldberg will always deal with, he wants other people with the same condition to know, "they can still continue to do great things".

Goldberg believes it's important to talk about anxiety to let people know it's more common than they think.

He says, "The most important thing anyone can do to support people with social anxiety is to talk about it. Get it out in the open. As a society we have to embrace the people that have this issue, as a way to understand and support what they are going through. In doing that, the people that have this are more likely to seek help. The more people with this disease that are free to speak about it, the more it will help them assimilate back into society, as well as make those same people not afraid to talk about it. Hearing others talk about their struggles and their accomplishments about social anxiety just promotes others to come out into the sun and realize that there is a better way."

TikTok Class Action Lawsuit - Are You Eligible for Compensation?

Mon, 15 Nov 2021 16:14:08 GMT

If you or your minor children have used the TikTok or Musical.ly apps prior to September 30th, you may be entitled to compensation from a class-action lawsuit.

According to court documents, a federal court in Illinois has granted preliminary approval to a $92 million settlement in the TikTok, Inc., Consumer Privacy Litigation, which is a lawsuit alleging the company “violated federal and state law by collecting and using” personal data through it's TikTok and Musical.ly apps. The lawsuit alleges that TikTok violated the Illinois biometric privacy law, which prevents companies from harvesting consumer data without consent, including via facial and fingerprint scanning. Illinois is currently the only state with a law that allows people to seek monetary damages for such unauthorized data collection.

To be eligible for compensation in this matter, you must have been using the app since at least September 30th and need to submit a claim form (link below) by March 1st, 2022. Parents may submit this form for minors. Those living in Illinois who have used the TikTok app to create videos may be entitled to six times the payment, court documents show. If you would like to submit a claim, please follow this link: https://www.tiktokdataprivacysettlement.com/

Astroworld Concert Tragedy - What Comes Next?

Tue, 09 Nov 2021 16:11:14 GMT

An estimated 50,000 people descended on NRG Park in Houston on Friday night to attend the sold-out, 2-day long Astroworld Festival headlined by Travis Scott. Unfortunately, what was supposed to be a weekend of music and fun became a deadly tragedy, with at least eight people losing their lives and scores more injured following a lethal crowd crush as Travis Scott took the stage. In the days and months following this tragedy, top safety and security experts across the nation will be busy answering the calls of injury and wrongful death attorneys working to get justice for their clients. As of now, at least sixteen lawsuits have already been filed against Scott and event organizers. Security experts will begin by reviewing the type of event being hosted, the location, physical layout, the number of attendees, the number of security personnel to staff the event, and a multitude of other factors.

Safety experts will also review the emergency plans to determine who drafted them, how they were approved, whether they were sufficient for an event of this size, and most importantly, whether the planned security measures were followed. In a detailed 56-page operations plan obtained by CNN, concert organizers detail procedures to follow in the case of “the ever-present threat of a mass casualty situation”. According to this plan, concert organizers advise their staff to notify Event Control of a suspected deceased victim by using the code “smurf” and were told to “never use the term ‘dead' or ‘deceased' over the radio.” Additionally, this plan establishes a clear chain of command in the case of an incident, identifying the role of the executive producer as well as the festival director as the only individuals with the authority to stop the concert. In the case of this event, a mass casualty event was declared by the Houston Police Department at 9:38pm, with the show promoter Live Nation agreeing to cut the show shortly thereafter. However, witnesses report that Travis Scott continued to play his full set, ending at 10:15pm, 37 minutes after the mass casualty event was declared, so it is unclear if promoters followed any of these plans.

It is well known that large, tightly packed events of this nature can be particularly dangerous. Coupling this increased risk with behavior that encourages fans to breach security measures in place is a recipe for disaster. A crowd crush occurs when crowds of people become too dense, with six people per square meter becoming dangerous; seven or more can become deadly. Surging crowds like the one seen at Astroworld can lead to a myriad of life-threatening health complications, including the loss of the ability to breathe, the loss of blood circulation, and traumatic injuries from waves of pressure to the abdomen, chest, or head. This is also not the first Astroworld festival to have ended in injuries; in November 2019 3 people were trampled and hospitalized after thousands rushed to enter the festival. These victims were sent to the hospital and the concert continued as planned. Crowd control concerns had already been raised hours before the start of Friday's event, as video emerged online of thousands of people storming through the VIP entrance of the sold-out festival, ending in one injured and making it impossible to maintain crowd-safety.

Why punitive damages are necessary:

Travis Scott has a long history of encouraging dangerous behavior from his fans. In 2015, Scott was arrested on charges of inciting a crowd to jump barriers at a Lollapalooza concert in Chicago. He plead guilty to disorderly conduct. Just two years later, in 2017, Scott was arrested again after inviting his fans to approach the stage, prompting fans at the Walmart Music Pavilion in Rogers, Arkansas, to breach barricades and overrun security. In that case, he also plead guilty to misdemeanor disorderly conduct. That same year, a fan of his became paralyzed following being pushed from a third-floor balcony during a show at Terminal 5 in New York City.

Travis Scott consistently chooses fame and profit over the safety and lives of his fans. He has a clear understanding of the seriousness of safety protocols, yet he repeatedly chooses to disregard those same measures. Without damages intended to punish the wrongdoer and deter similar future misconduct, there will be an incentive to continue the danger that continues to earn fame and recognition. Many of those who survived will forever be haunted by the memories and injuries caused by the negligence of those holding this event. Safety matters. May the lives of these young fans and their grieving families forever be our reminder.

October is Domestic Violence Awareness Month

Wed, 06 Oct 2021 16:07:22 GMT

October is Domestic Violence Awareness Month, and with the Gabby Petito case shocking the nation, it is a tragic reminder of the very real dangers of domestic violence, and how easily it can be hidden in plain sight. If you or someone you know is in a dangerous situation, please call ACT – Abuse Counseling & Treatment's 24-hour hotline at (239) 939-3112 (interpreters available upon request).

ACT – Abuse Counseling and Treatment, Inc., defines domestic violence as a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner. Abuse may be physical, sexual, emotional, financial, or psychological actions or threats if action with the goal of influencing another person. Also included in this are any behaviors that frighten, intimidate, terrorize, manipulate, humiliate, hurt, blame, injure, or otherwise wound someone. Domestic violence can happen to any person, regardless of race, age, sexual orientation, religion, or gender. Domestic violence affects people of all education and socio-economic backgrounds.

Unfortunately, another negative aspect of the COVID-19 pandemic is that there have been higher rates of domestic violence reported in our country, with less resources available for the victims involved. From October 1, 2020 to September 30, 2021, the Charlotte County Sheriff's Office responded to 2,718 domestic violence related calls to service ( source ). These situations tend to be extremely complicated and unpredictable, presenting a safety risk to all involved. In response to this, the Collier County Sheriff's Department deploys a specialized unit consisting of a Domestic Violence Investigator, an Intelligence Technician, and a Victim Advocate through a partnership with C.A.R.E. (more information on C.A.R.E. may be found here ). C.A.R.E. is The Center for Abuse & Rape Emergencies, Inc., and is a local victim services center which services Charlotte County. For those in Lee County needing similar services, please contact ACT (Abuse Counseling and Treatment) through their 24-hour hotline at (239) 939-3112. ACT will not discriminate against any individual in need of services and may offer special accommodations if needed.

Goldberg Noone Abraham partner and trial attorney Sheba Abraham has fought for the legal rights of victims of sexual and violent physical attacks, and understands the trauma and stigma associated with not only the event itself, but also in pursuing justice against the assailant. Victims often blame themselves or are re-victimized by the process of reporting the incident to law enforcement. Abraham says, “we understand the sensitive nature of sexual assaults, and even in cases where a lawsuit must be filed, we take steps to protect the victim's identity and any personal records relating to the event.” “It is very important to me that my clients get the counseling and care they need for their road recovery and trust our office to do the rest.” Attorney Abraham has successfully represented local assault victims , and understands the intricacies involved in these extraordinarily complex cases. “As a woman, I have a passion for standing up against anyone who would perpetrate this type of heinous crime and fighting for these victims is one of the main reasons I chose to become a personal injury lawyer.”

Don't hesitate to seek expert legal advice if you've been victimized in a sexual or violent physical assault. The attorneys at Goldberg Noone Abraham are always just a phone call away at (239) 461-5508 , or you can click here to complete our short online contact form and we will reach out to you immediately.

Cape Coral Police “Alert Today Alive Tomorrow Program”

Thu, 23 Sep 2021 16:03:15 GMT

The Cape Coral Police Department has announced that they will be conducting High Visibility Enforcement Details (HVE) from October 1st, 2021, until May 14th, 2022, in an effort to protect Cape Coral's most vulnerable road users. The CCPD's goal in this enforcement effort is to increase awareness and compliance of traffic laws relating to the safety of pedestrians and bicyclists.

Unfortunately, Lee County is among the top 25 counties in the state for traffic crashes resulting in serious or fatal injuries to bicyclists or pedestrians. In Cape Coral alone, between October 2nd, 2020 and September 15th, 2021, there were 134 traffic crashes involving bicyclists or pedestrians (74 of these crashes being pedestrian-only) and 4 fatalities (3 pedestrians and 1 bicyclist were lost). The High Visibility Enforcement Details are being funded through a contract with the University of North Florida and the Institute of Police Technology and Management (IPTM). The program is also in partnership with the Florida Department of Transportation's initiative on improving pedestrian and bicyclist safety.

While the High Visibility Enforcement Details are primarily focused on safety education for motorists, bicyclists, and pedestrians, committing traffic violations may result in a warning or citation, depending on the circumstances. The Cape Coral Police Department asks you to remember the following:

Motorists – obey all posted speed limits, never drive while under the influence, and always be aware of any bicyclists or pedestrians around you.
Bicyclists – obey all traffic laws, always ride in the direction of traffic, and use lights and reflective clothing if riding at night.
Pedestrians – only cross the street on crosswalks or at intersections. Obey all pedestrian signals and ensure that you are visible if walking at night, using lights or reflective clothing if possible.

The best way to prevent an accident is to be proactive with your safety, which is the primary message behind the “Alert Today Alive Tomorrow” program. The Goldberg Noone Abraham team hopes that you and your family are never involved in such an accident, but if the worst should happen, we are here for you. Our attorneys are available by phone or online 24 hours a day, 7 days a week. Please call us at (239) 461-5508 or fill out this simple form .

Source: https://www.capecops.com/newsroom/2021/9/15/alert-today-alive-tomorrow

Drowsy Driving Dangers

Fri, 03 Sep 2021 15:58:46 GMT

Drowsy driving is a significant issue in the United States; an estimated 1 in 25 adult drivers have fallen asleep while driving in the last 30 days ( source ). There are many factors that can contribute to driving drowsy, such as taking certain medications, untreated sleep disorders, drinking alcohol, and coming off of a long work shift. September 1 – 7 is recognized as Drowsy Driving Prevention Week in Florida, in honor of Ronshay Dugans, who tragically lost her life after a drowsy cement truck driver hit her school bus after falling asleep at the wheel.

Even if a driver does not fall completely asleep, driving while drowsy affects your ability to drive safely. Fatigue can cause delayed reaction speeds, make you less able to focus on the road, and can affect your ability to make good decisions. The National Highway Traffic Safety Administration estimates that drowsy driving was responsible for 72,000 crashes, 44,000 injures, and 800 deaths in 2013. However, the CDC believes that these numbers may be underestimated, and that up to 6,000 fatal crashes each year may be caused by drowsy drivers. In order to protect yourself and those around you, it is important to learn the warning signs of drowsy driving:

Difficulty remembering the last few miles driven
Yawning or blinking frequently
Missing your exit
Drifting from your lane
Hitting a rumble strip on the side of the road.

If you experience any of these warning signs, pull over to rest or change drivers. “Cheats” or “hacks” such as opening a window or turning up the radio are not effective ways to keep yourself alert. For more warning signs, visit American Academy of Sleep Medicine .

Labor Day Weekend is one of the busiest travel times of the year. If you are embarking on a long drive this holiday weekend, please exercise caution, watching for the warning signs of drowsiness in yourself, and in the other drivers surrounding you. Should the worst happen and another driver hurts you or someone you love due to falling asleep at the wheel, our attorneys are available for you 24 hours a day, 7 days a week at (239) 461-5508 , or at www.Goldberg-Law.com . We hope that you have a safe and fun holiday weekend.

Carbon Dioxide Safety and Boats

Fri, 27 Aug 2021 15:53:31 GMT

With the Labor Day holiday approaching, many are looking forward to taking their boats out for one last summer day on the water. While the dangers of drowning are often discussed, there is another very real danger lurking on the waters – carbon monoxide poisoning. The U.S. Coast Guard reported 41 cases of boat-related carbon monoxide poisoning, and 5 deaths in 2020. Please heed the following safety tips, and remember that our attorneys are available for you 24 hours a day, 7 days a week, should you ever need our assistance.

What is Carbon Monoxide?

Carbon monoxide (CO) is an odorless and colorless gas which is lethal in high amounts. CO is found in fumes any time that you burn fuel in cars or trucks, small engines, gas ranges, etc. ( source ). The most common symptoms of CO poisoning include headaches, weakness, dizziness, vomiting, stomach upset, chest pain, and confusion. Many victims of CO poisoning describe the symptoms as being “flu-like”. High levels of CO inhalation can be lethal, and CO poisoning can potentially cause you to pass out and fall into the water.

Carbon Monoxide and Boats:

CO is produced by the gasoline-powered engines and onboard generators on boats. Houseboats and other larger boats sometimes have generators that vent towards the rear of the vessel. This venting creates the dangerous possibility of CO poisoning for people on the rear swim deck or water platform. On these larger boats, CO builds up above the water near the water platform. This CO that builds in the air space beneath the stern deck, or on or near the swim deck, can kill a person in seconds.

Travelling at slow speeds or idling the engine can cause CO to build up in a boat's cabin, cockpit, bridge, and aft deck, or in an open area. Wind from the aft section of the boat can increase this buildup of CO.

Back drafting can cause CO to build inside the cabin, cockpit, and bridge when a boat is operated at a high bow angle, is improperly or heavily loaded, or has an opening with draws in exhaust ( source ).

How To Prevent Carbon Monoxide Poisoning on Boats:

The most important step you can take to prevent CO poisoning is to install and maintain a working CO detector listed by Underwriter's Laboratories (UL) as appropriate for marine use inside the boat. The following tips from the CDC will also be helpful for preventing the potential of CO poisoning.

Properly install and maintain all fuel-burning engines and appliances.
Educate all passengers regarding the signs and symptoms of CO poisoning.
Swim and play away from areas where engines vent their exhaust.
Watch children closely when they play on real swim decks or water platforms.
Never block exhaust outlets. Blocking outlets can cause CO to build up in the cabin and cockpit areas – even when hatches, windows, portholes, and doors are closed.
Dock, beach, or anchor at least 20 feet away from the nearest boat that is running a generator or engine. Exhaust from a nearby vessel can send CO into the cabin or cockpit of a boat.
If you believe a person on your boat has CO poisoning, immediately move them to an area with fresh air and contact Emergency Services.

Flood Safety Tips

Tue, 10 Aug 2021 15:44:34 GMT

According to the Centers for Disease Control , flooding is the deadliest hazard associated with thunderstorms; on average, 85 Americans are killed in floods each year. Floods are also among the most common and costly natural disasters experienced in the United States. There are many safety risks associated with flooding, but the most common cause of death occurs when someone drives a vehicle through hazardous moving flood waters. Standing flood water also carries risks, such as infectious diseases, chemical hazards, and floating debris, which can all cause injuries or death. Living in Southwest Florida, many of us are accustomed to occasional flooding, but it is important to never become complacent to this danger.

Steps to Protect Yourself During Flood Conditions:

Find safe shelter immediately.
Do not walk, swim, or drive through flood waters.
Remember the phrase “ turn around, don't drown! ”.
Only six inches of moving water is enough to knock you over if standing, and one foot of moving water could potentially sweep a vehicle away ( source ).
Prepare your emergency supplies kit, making sure to pack medications, insurance cards, immunization records, and clean drinking water.
Know the difference between a flood/flash flood WATCH or a WARNING
A flood/flash flood WATCH means that a flood or flash flood is possible in your area.
A flood/flash flood WATCH means that a flood or flash flood is possible in your area.
A flood/flash flood WARNING means that a flood or flash flood is either already occurring or anticipated to occur soon. If you fall under a flood or flash flood warning, take IMMEDIATE precautions. ( source )
Listen to your local emergency TV or radio station for updates.
Absolutely do not drink flood water – do not ingest flood water. Do not brush your teeth, wash your dishes, or clean/prepare foods with this water, as you never know what exactly is in it.
If using a generator, take steps to prevent carbon monoxide poisoning by leaving the generator outdoors, at least 20 feet away from any doors, windows, or vents.
Be mindful of the risk of electrocution – do not touch or use any electronic equipment if it is wet, or if you are standing in water.
Remember the phrase “ when in doubt, throw it out! ”. What this means is that you should throw out any food or bottled water that came into contact with the flood water.
If your home was flooded, practice what is known as “ safe cleaning ”.
Remove any insulation or drywall that was damaged by flood waters and potential sewage.
Throw away any items that can not be cleaned with a bleach solution, such as mattresses, stuffed animals, pillows, or carpeting.
Clean walls, hard floors, and other non-porous items may be washed by soap and water, followed by a disinfecting solution made of one cup of bleach to five gallons of water .

CDC’s Eviction Moratorium Set to Expire Saturday

Thu, 29 Jul 2021 15:39:23 GMT

The eviction moratorium ordered by the Federal Centers for Disease Control (CDC) is set to expire this Saturday, July 31st, with no sign that it will be extended again. The order, which took effect September 4th, 2020, bans landlords from evicting their tenants for non-payment of rent if their tenant meets certain qualifications. This order did NOT, however, release the tenant from their obligation to pay rent. During this moratorium, tenants could still face eviction for reasons other than the inability to make rent payments. If you are concerned that the end of this order will put you or your family in financial stress, the following local programs may be able to offer some help.

Local Assistance Programs:

If you need rental assistance or other housing help, there are resources available.

LeeCares Emergency Rental Assistance Program: Lee County will pay up to six months of past due rent and utilities and three months of prospective payments for qualified households, plus ongoing payment of future rent as permitted. However, rental assistance cannot exceed a total of 12 months for each qualified household. The total months include past due, current due, and prospective payments. Learn more and see if your household qualifies here: https://leeflcares.com/
St. Matthew's House: St. Matthew's House is a Christian ministry program which provides housing, hunger, and addiction relief in Southwest Florida. Learn more at: https://stmatthewshouse.org/get-help/ or call St. Matthew's House at (239) 774-0500.
United Way of Lee, Hendry, Glades, and Okeechobee: United Way 211 is a free 24-hour non-emergency helpline that exists to help people navigate their way through available human and social service agencies in Lee, Hendry and Glades counties. To speak with one of their Community Resource Specialists in either English or Spanish, please dial 2-1-1 or 239-433-3900. Learn more here: https://unitedwaylee.org/need-help/
OUR Florida: OUR Florida is a federally funded emergency rental relief program with the goal of supporting Florida residents and businesses recover from the financial effects of COVID-19. OUR Florida provides renters who qualify with relief on unpaid rent and utility bills and supports landlords and utilities with relief on lost revenue to support their continued recovery. Learn more at: https://www.ourflorida.com/ or call (833) 493-0594 .

“When It Roars, Go Indoors” - Lightning Safety in Southwest Florida

Tue, 27 Jul 2021 15:28:09 GMT

Florida is known as the “lightning capital of the nation”, and for good reason – on average, Florida experiences thunderstorms 75 to 105 days per year. According to the CDC , Florida has recorded more than 2,000 lightning injuries over the last 50 years. Just within the last two weeks, our community has experienced three different instances of people being struck by lightning. On July 17th, a 17-year-old was struck by lightning at Residents' Beach on Marco Island ; on July 24th, a couple was struck by lightning in view of their children at the Sanibel Beach Club , and their condition is currently unknown; and on July 26th, a person was struck and injured while on Clam Pass Beach in Naples. While your chances of being injured by a lightning strike is about one in a million, it is important to remain vigilant when it comes to lightning safety, as you never know when it can strike.

How to Protect Yourself from Lightning Strikes:

Outdoor Lightning Safety

If you are outdoors and see a developing storm, or hear thunder in the distance, the safest thing you can do is seek immediate shelter, and not return outdoors until at least 30 minutes after the last roll of thunder that you hear. Keep in mind that a safe shelter would be defined as one with a roof, walls, and a floor, or a fully enclosed metal-top vehicle. If for whatever reason you are unable to get indoors, the following suggestions may help to minimize your risk of lightning injury:

Avoid tall structures such as trees, poles, fences, etc., and open areas.
If you feel your hair stand on end, assume the “lightning position” by either kneeling or crouching, bend forward, and put your hands on your knees. The goal is the be low and minimize your contact with the ground, so it is not a good idea to lay down completely.
Adhere to the 30-30 rule . After you see lightning, start counting to 30. If you hear thunder before you reach 30, go indoors.
Stay away from water, including swimming pools, beaches, rivers, or canals. If on the water, land any boats, canoes, kayaks, or other watercraft and seek shelter ashore.
A Note for Boaters – If thunderstorms are forecast, do not go out into the water. If skies become threatening or if you observe thunder or lightning, return to land immediately. If you get caught in a storm, stay away from all metal/electronic devices (including your radio unless it is an emergency) and move into your boat's cabin. If your boat has no cabin, then drop anchor and get as low as possible ( source ).

Indoor Lightning Safety

While you may think that being indoors protects you from lightning strikes and injury, according to the CDC, about one-third of lightning injuries occur indoors. The below tips should help you and your loved ones stay safe from lightning indoors.

Avoid contact with water, which means avoid bathing, showering, washing dishes, etc., as lightning can travel through plumbing.
Avoid using corded phones, as they are unsafe during a storm. Wireless or cellular phones are fine, though.
Exercise caution around electronic equipment, as lightning can travel through electrical systems and television and radio receptors.
Avoid concrete walls and floors, meaning do not lie on concrete floors or lean against concrete walls. The reason for this is that lightning can travel through any metal wires or bars involved in the construction ( source ).

While you are more likely to be bitten by a shark than be struck by lightning, it is important to take the right precautions, and to remain vigilant to the danger of lightning strikes. As the last few weeks have shown our community, injuries from lightning strikes can happen to anyone if you are not careful.