Lakeland Florida Injury Lawyer Blog

According to the News Chief, around 8:13 a.m. on Tuesday, July 14. Winter Haven, FL police received a call about the accident at 8:19 a.m., Sgt. Brad Coleman stated Wednesday.

Winter Haven Police Sgt. Coleman identified the driver as Douglas Phares, 27, of 144 Hawthorne Road, in Winter Haven, FL.

He was driving a 2008 Ford F150 truck used by a lawn-service company.

Phares, the only person in the truck at the time of the accident, was charged by police with failure to use due care, Sgt. Coleman stated.

The pickup hit the power pole head on, severing the pole at the base and at the top.
Winter Haven, FL city spokeswoman Joy Townsend reported that a vehicle struck a power pole in an accident at Third Street and Avenue C, S.W., knocking out power there.

Townsend also stated that as a result of the vehicle accident, the intersection of Third Street and Avenue C, S.W., in Winter Haven, FL would be closed and traffic would be detoured for most of the day Tuesday.

TECO confirmed that the accident and wider power outage were related.

However, power was back on for at least some residents and businesses at approximately 9:04 a.m.

Power was restored to all customers by approximately 2:15 p.m., another TECO representative stated.

The concrete power pole that was struck by the vehicle had to be replaced, Townsend stated.

No one was injured in the accident, Coleman reported.

According to the Florida Public Service Commission general safety tips:

• Contact your utility company if tree limbs are in contact with power lines.
• Stay away from downed power lines.Watch for overhead power lines at boat ramps and while on the water.
• Call your utility company before digging so that underground lines can be located.
• Never try to remove anything hanging from or tangled in a power line.
• Always make sure appliances are properly grounded before use.
• Carefully read the instructions on electrical appliances before using.

Rivas Law Group, LLC is a personal injury law firm located in Winter Haven, FL. Attorney Tania L. Rivas is dedicated to meeting the legal needs of injured victims in Polk County, FL. At Rivas Law Group, we represent victims, never insurance companies. If you or a loved one has been injured in an accident, please call us immediately at (877) 299-5539 for a free legal consultation. You owe no legal fees or costs unless you receive a recovery.

According to News Chief, around 10:25 a.m. on Wednesday, June 14 Haines City, FL Police Officers responded to a house that was set ablaze at 400 S. 14th Street, in Haines City, FL during a man's apparent attempt to kill himself, Haines City, FL police reported.

Stephen Kenneth Benson, 62, of Haines City, FL, the owner of the home, told Haines City, FL Police officers just prior to being airlifted to Orlando Regional Medical Center , in Orlando, FL that he intentionally set the fire in an attempt to commit suicide.

Benson was admitted to the Orlando Regional Medical Center, in Orlando, FL in critical condition, according to the Haines City, FL Police report.

Haines City, FL Police reported that Benson's roommate, 63-year-old Vercil F. Snyder, of Haines City, FL was taken to Heart of Florida Regional Medical Center in Haines City, FL.

He was treated for smoke inhalation and released.

Damage to the house exceeded $50,000, according to the Haines City, Fl police report.

Haines City, Fl Investigators with the state Fire Marshal's Office responded to the burned house and classified the fire as Arson; Haines City, FL police report states.

According to the U.S. Department of Justice, Arson is defined as any willful or malicious burning or attempting to burn, with or without the intent to defraud, a dwelling house, public building, personal property, motor vehicle or aircraft etc.

Nationally, 62,807 arson offenses were reported by 14,011 law enforcement agencies that provided up to 12 months of arson data in 2008.

Of those agencies, 13,980 provided expanded offense data concerning 56,972 arsons.

The average dollar loss per arson offense is $16,015.

In 2008, arson offenses decreased by 3.6 percent when compared to with the 2007 reported numbers, U.S. Department of Justice reports.

Rivas Law Group, LLC is a personal injury law firm located in Winter Haven, FL. If you or a loved one has been injured in an accident, please call us toll free at (877) 299-5539. Your consultation is free and you are not responsible for any legal fees or costs unless you receive a recovery.

One curious resident led to a massive discovery of tainted drywall at the Carlton Arms apartment complex in Winter Haven, Florida.

According to ABC Action News, a resident smelled a sulfur like odor and informed the owners of the property.

After investigating the odor, workers spotted signs of tainted drywall.

The majority owner of the property, Mark Mahaffey said, "We deeply regret any inconvenience this may cause our residents, but we have been advised the drywall needs to be replaced."
Mahaffey does not know when people will be moved out or when removing the drywall will start.
But residents like John Hartlieb are angry.

"That will be a big inconvenience to have to pick up and move i do not know how long we will be gone, or come back to our apartments or how long it will take," he said.
He also has health concerns.

"I am not sure what kind of effect living in an apartment of drywall will have on my girlfriend or my son is a concern."

Premises liability is a somewhat fuzzy term which serves as an umbrella for many kinds of proceedings counting those relating to structural design flaws, unsafe conditions, environmental hazards, improper traffic patterns and a wide variety of other issues.

According to the Herald Tribune, The issue of Chinese drywall began surfacing publicly late in 2008, when homeowners around Florida, particularly those in Southwest Florida, began to suspect that a strange corrosion and odor in their homes was tied to the drywall, also known as wallboard or gypsum board , used to construct interior walls.

The Florida Department of Health has a self-assessment guide for signs of an affected home.

Furthermore, if you have any health concerns related to Chinese Drywall, talk to your doctor immediately. If, in fact, you do have health issues caused by Chinese Drywall, you will need to consult with a specialist. If you pursue a legal claim for premises liability, medical evidence linking the drywall to your condition will be extremely useful.

Rivas Law Group, LLC is a personal injury law firm in Winter Haven, FL that is dedicated to meeting the needs of injured victims in Polk County, FL. If you or a loved one has a severe health condition that was caused by Chinese Drywall, call us today at (877) 299-5539 for a free legal consultation.

A woman died and her husband was injured in an early morning fire today in Northeast Polk County near Davenport, Fl.

According to the Lakeland Ledger, the woman who died in the fire was Angela Christine Creech, 41, who lived at the home with her husband, James Creech, 44, the Polk County Sheriff's Office stated.

Angela Creech was declared dead at the scene, while her husband escaped from the burning structure, the Polk County Sheriff's Office stated.

He was transported to Orlando Regional Medical Center, in Orlando, FL where he is in stable condition.

An autopsy to determine Angela Creech's cause of death will be conducted later today, the Polk County Sheriff's Office stated.

Her husband suffered burns and smoke inhalation, and was airlifted by helicopter to the hospital, said Heather Smith, spokeswoman for Polk County Fire Rescue.

The Polk County Sheriff's Office is conducting a death investigation while the State Fire Marshal's Office is seeking to determine the cause of the fire.

The fire in the singlewide mobile home at 230 Water Oak Lane was reported about 4:50 this morning, said Heather Smith, spokeswoman for the Polk County Fire Rescue stated.

The home is at the end of a private road in what appears to be a family compound screened by trees.

A neighbor who was contacted by phone said she was a family member and that the family would not be commenting.

Smith stated people should check the smoke detectors in their homes twice a month to ensure they are operating properly.

According to the Florida State Fire Marshal's Office, there are more than 209 fires in Florida homes every day. Forty percent start in the kitchen, over 22 percent are caused by faulty wiring, followed by careless smoking, children playing with matches or lighters, and unattended heating devices.

More than two-thirds of Florida's fire fatalities are age 40 and over, followed by those age 70 and over.

One of the most shocking statistics is that smoke detectors are not present or are inoperative in over 52 percent of these homes.

This is a real tragedy for the Smith family. It is often a tragic accident such as this which gives rise to a personal injury claim. A crucial step in the analysis is to identify the owner of the property and the owner's relationship to the injured. If, for example, the victim is a tenant, then the victim could possibly have a claim for damages as a result of the injuries sustained in the fire. Of course, this is just the first of many steps in the analysis. In my practice as a personal injury lawyer practicing in Winter Haven, FL, I represent the injured. If you have been injured, please call me at (877) 299-5539 to schedule a free case review.

Florida legislators are considering a bill to regulate "dangerous dogs."

According to Bay News 9, the controversial bill advancing to the Florida Senate could implement stricter laws on pit bull owners and other "dangerous breeds," and the idea has many dog owners protesting the legislation.

The legislation already passed the Community Affairs Committee by a 9-2 vote.

The bill would take the place of the already established 1990 Florida law banning regulations on breed-specific dogs, meaning it would stop short of an outright ban on specific breeds.

Ultimately, however, the proposed law could make it more expensive to own a pit bull.

Cities and counties could require owners to carry extra insurance to pay for attacks, keep certain breeds constrained by a muzzle in public or sign up for ownership training classes.

Warren Cox, who works for the SPCA in Polk County,FL stated that the breed-specific laws don't work.

"If you look at this little dog beside me, a Chihuahua, they do a lot of biting too," Cox stated. "But they're not considered necessarily a dangerous dog."
Cox stated at the SPCA each dog's safety is judged by his or her own demeanor.

"We've got to have responsible pet owners taking care of their pets at all times, so we don't have to come up with this type of legislation," Cox stated.

This bill isn't the first time a ban has been considered. Similar bills were proposed in the past two legislative sessions, but didn't pass.

Nationwide, only Ohio enforces a statewide ban on any pit bull breed. However, several hundred local governments around the country have breed restrictions in place.

The only county in Florida, who has breed restrictions, is Miami-Dade County.

People all over the State of Florida have made, signed, and submitted petitions to Florida legislators for them to not pass the new bill. Citizens right here in the Tampa Bay area participating in various awareness walks such as the Pit Bulls Pounding the Pavement awareness walk to get the word out about this potential bill. Local residents are concerned about Florida legislators lifting the ban on local breed laws, while other residents are protesting that the current Florida law should remain.

Attorney Tania L. Rivas is a personal injury attorney whose office is located in Winter Haven, FL. Attorney Rivas handles dog bite incidents for residents in Polk County, FL. If you or a loved one has been attacked by a dog, please contact Attorney Rivas immediately at (877)299-5539 to schedule your free consultation.

Jared Cline wasn't thinking straight when he showed his ID to the cashier just before robbing a Circle-K convenience store in Lakeland, FL.

According to a Bay News 9 article, Jared Cline, 22, went to the convenience store in Lakeland, FL on July 5, 2009 and asked for watermelon flavored blunt wrappers when the clerk asked for his identification to confirm his age.

Cline showed his ID, and then asked for money, saying if she complied there wouldn't be "any problems." The clerk then gave Cline an undisclosed amount of cash and Cline left the convenience store. On his way out, he dropped a plastic bag of marijuana.

After reporting the robbery to the police, the clerk could not remember Cline's name, but after detectives looked at the surveillance tapes they were able to search his birthday and match his pictures with records in Lakeland, FL.

"The clerk did a great job...she followed the law and Circle-K's guidelines," said Sheriff Grady Judd. "She knew that it was illegal to sell tobacco products to a juvenile and she asked for his identification - because she did the right thing, the suspect is behind bars. It didn't hurt that our suspect wasn't too bright, either."

Cline was arrested and booked into the Polk County Jail, charged with robbery, possession of marijuana and possession of drug paraphernalia. Detectives say Cline confessed to the robbery as well as another petit theft at another Circle-K store.

It's common knowledge that convenience stores are easy targets for robberies. Thus, convenient store clerks are at a greater risk of sustaining injury on the job. Generally, Florida requires injured workers to bring injury claims under the Florida Worker's Compensation statute. This bars the worker from bringing a claim against his/her employer for negligence.

However, because of a foreseeable risk to convenience store workers, Florida has enacted specific security requirements for convenience stores. Failure to abide the law may allow the worker to bypass worker's compensation and bring a negligence action against the employer. The clerk in this story luckily survived the robbery and can now chuckle at the experience. It is reassuring to know that Florida laws were created to protect her.

Members of the Iglesia Bautista Maranatha, located in Lakeland, FL, united for the first time this Sunday after a deadly lightning strike left dozens hospitalized and another dead.

According to a Bay News 9 report, the strike happened just outside the church on Viola Road in Lakeland, FL, killing 30-year-old Benjamin Gonzalez of Lakeland, FL. According to his family, Gonzalez was born in Texas, and moved to the Tampa Bay Area while in middle school. He graduated from Lake Gibson High School and then attended technical school. He worked in the IT department for Circle K convenience stores.

According to Pastor Jose Angel Gonzalez, his brother Benjamin Gonzalez was a kind man to everyone who died doing what he loved most. At the time of the strike, Gonzalez was playing soccer while hanging out with his church friends. Juan, another one of Benjamin Gonzalez's brother, was with Benjamin when he was struck and killed. "It was a clear day," Gonzalez said. "It wasn't raining at the time, and they were just having fun."

"They heard the lightning when it hit, and obviously they were playing soccer and they were close together. When it hit, several hit the ground, and he turned around and saw my brother," Gonzalez said. "That's when he dropped to a knee and clutched his chest and he fell over." Attempts to resuscitate Benjamin failed.

The Polk County Sherriff's office reported that 18 other people were taken to the hospital, but have since been released.

This tragedy appears to be nothing but a freakish act of nature. Nonetheless, as a personal injury attorney practicing in Polk County, FL, many questions come to mind. Was this an organized event? How was responsible for overseeing the players? Was anyone aware of the lightning and the potential for harm? Answers to these questions could reveal whether a potential negligence claim exists. It is a lawyer's job to look beyond the surface for the benefit of the client.

Antwan Nelson, 21, of Lakeland, FL was charged with the murder of Auntrey Jones of Ft. Meade, FL.  After four hours of deliberation, a jury returned a verdict, finding Nelson guilty of first-degree murder, robbery and attempted robbery. Polk County Circuit Judge, J. Michael Hunter later sentenced him to life in prison.

According to a recent article in the Lakeland Ledger, Nelson and his co-defendant, James Bell were working together to rob a man at gunpoint while driving in a car on the evening of July 27, 2008.  After successfully robbing Lachaz Clark, they then drove on and attempted to rob twenty-year-old Auntrey Jones.  Jones received a gunshot to the chest and died from fatal injuries at Seminole Avenue South and Southwest Eighth Street in Fort Meade, FL.

Nelson, who was driving the getaway vehicle, then led police on a high-speed chase. He pleaded guilty to fleeing and eluding police but maintained his innocence throughout the trial on all other charges.

Pursuant to Florida Statute 768.0710(2) , a civil action for negligence may be brought against a property owner where the business owner fails to exercise reasonable care in the maintenance, inspection, repair, warning or mode of operation of the business premises. A party may have a claim against a business entity if its actions or omissions result in injury or damage.

While this article is silent as to the exact location of the shooting, a negligence action may exist if the incident occurred on business property. Unfortunately, it is often assumed that the only legal remedy in such cases is within the criminal setting. As a personal injury lawyer practicing in Polk County, FL, I have assisted victims of crimes in bringing civil claims against property owners. Businesses have a duty to act reasonably where there is a foreseeable threat of harm to their patrons. A breach of that duty may constitute negligence.