Personal Injury Settlements – The Fernandez Law Group

LUCY’S LAW TO ENHANCE BOATING SAFETY IS PASSED BY FLORIDA LEGISLATURE

FLG — Thu, 08 May 2025 16:44:22 +0000

LUCY’S LAW TO ENHANCE BOATING SAFETY IS PASSED BY FLORIDA LEGISLATURE

In a significant move to improve boating safety, the Florida Legislature has passed “Lucy’s Law,” a bill named in honor of 17-year-old Luciana “Lucy” Fernandez, who tragically lost her life in a boating accident in 2022.

The legislation, known formally as House Bill 289, received unanimous support in both the House and Senate and now awaits Governor Ron DeSantis’ signature to become law.

Background of the Legislation

Luciana Fernandez was killed during a Labor Day weekend boating trip in 2022 when the vessel she was on struck a channel marker in Biscayne Bay. The crash also left another passenger, 18-year-old Katerina Puig, permanently disabled.

The boat was operated by George Pino, who faces homicide charges and refused a Breathalyzer test at the scene.

Key Provisions of ‘Lucy’s Law’ 

The new legislation introduces several measures aimed at enhancing boating safety:

Mandatory Boater Education: Individuals who have not been Florida residents for at least five years will be required to complete a certified boater safety course before operating a vessel. This expands upon previous requirements that applied only to those born after January 1, 1988.
Increased Penalties for Reckless Boating: The law establishes stricter penalties for boating violations. Leaving the scene of a boating accident resulting in death is now classified as a first-degree felony. Accidents causing serious bodily injury can lead to second-degree felony charges, while those causing non-serious injuries may result in third-degree felony charges.
Boating Under the Influence (BUI): Individuals convicted of BUI who leave the scene without notifying law enforcement could face a minimum of four years in prison.
Revised Definition of ‘Livery Vessel’: The law updates the definition to include all vessels offered for lease, rent, or hire, whether with or without a captain. This change affects peer-to-peer rentals facilitated through online platforms, requiring operators to comply with safety, insurance, and licensing requirements.

Advocacy and Support 

Lucy’s parents, Melissa and Andy Fernandez, have been instrumental in advocating for the legislation. Their efforts have been recognized by lawmakers and the community alike. “They’ve turned the unimaginable pain of losing their precious daughter into purpose by advocating for greater safety on the waters that we all love,” said Rep. Vanessa Oliver, one of the bill’s sponsors.

Next Steps 

Once signed by Governor DeSantis, “Lucy’s Law” will take effect on July 1, 2025. The law represents a significant step toward enhancing safety on Florida’s waterways and serves as a tribute to Luciana Fernandez’s memory.

For more information on boating safety courses and compliance requirements, individuals can visit the Florida Fish and Wildlife Conservation Commission’s website.

If you have questions about Lucy’s Law to enhance boating safety, concerns about injuries sustained in a boating accident, or if you were responsible for a boating accident, contact us right away.

Our free consultation and detailed case review is the best option for getting the proper representation needed to achieve the best possible outcome and results.

EXPERIENCE. STANDARDS. RESULTS.

With a combined legal experience of over 50 years in both State and Federal courts, the Tampa Lawyers at Fernandez Law Group are committed to providing quality service to clients while maintaining a high level of respect, integrity, and appreciation for each individuals’ legal needs. If you have questions about Lucy’s Law and how it affects your rights, we’re here to help.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.

We offer free initial consultations with detailed case reviews.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More: https://thefernandezlawgroup.com/criminal-defense-lawyers/

NEWSLETTER: LUCY’S LAW TO ENHANCE BOATING SAFETY IS PASSED BY FLORIDA LEGISLATURE – 5/8/25

The post LUCY’S LAW TO ENHANCE BOATING SAFETY IS PASSED BY FLORIDA LEGISLATURE appeared first on The Fernandez Law Group.

310 MILLION VERDICT ISSUED FOR AMUSEMENT PARK FATALITY

FLG — Thu, 09 Jan 2025 20:29:47 +0000

310 MILLION VERDICT ISSUED FOR AMUSEMENT PARK FATALITY

On March 24, 2022, 14-year-old Tyre Sampson fell to his death from the Orlando FreeFall ride at ICON Park in Orlando, Florida. The ride, which was operated by a company called The SlingShot Group, was a 430-foot-tall free-fall tower that dropped riders at high speeds.

His parents argued that Orlando Slingshot and Funtime should have warned their son about the risks of someone his size going on the ride and didn’t provide an appropriate restraint system. Adding seat belts would have cost $660.

Late Thursday, the Orange County jury ordered that the manufacturer Funtime pay $155 million each to Tyre Sampson’s parents, Nekia Dodd and Yarnell Sampson after winning a record $310 million verdict against the attraction’s Austrian builder.

The state ordered the ride closed after the accident and it never reopened. It is now being demolished.

Tyre Sampson’s death has been a subject of significant legal scrutiny and controversy, with questions about the ride’s safety and the responsibilities of both the ride manufacturer and the amusement park operators.

Key Events Leading to Tyre Sampson’s Death:

Tyre Sampson, who was visiting Orlando with his friends, was reportedly too large for the ride’s restraints. Despite his size (he weighed 380 pounds, which was above the recommended weight limit of 287 pounds for the ride), Sampson was allowed to board the ride.
When the ride began its ascent and dropped, Tyre fell out of his seat and plummeted to the ground, ultimately causing fatal injuries.
Investigations following the accident found that the ride’s seatbelt and restraint system were not properly secured. Additionally, evidence showed that the ride’s safety sensors had been manually adjusted, possibly to accommodate riders who were too large for the ride.

Legal Findings and Liability:

In the aftermath of Tyre Sampson’s death, multiple investigations and lawsuits were launched to determine who was responsible for the incident.

1. The Ride Manufacturer (Chance Rides, Inc.):

The ride was manufactured by Chance Rides, a company known for creating amusement park attractions. According to the investigation, the ride’s design and operation played a significant role in the fatal accident. Specifically:

Faulty Restraints: The restraint system was designed in a way that was inadequate for larger riders. This contributed to Tyre being able to slip out of his seat during the free fall.
Safety Protocols: The ride’s sensors, which were supposed to ensure that restraints were properly secured, were found to have been manually overridden or adjusted. This action made the ride dangerous, especially for individuals whose body size was outside the safe operating parameters.

As a result, Chance Rides was found partially liable for the accident due to both the faulty design and the failure of the ride’s safety mechanisms. The company was accused of not properly ensuring that the ride could safely accommodate larger riders and for allowing a dangerous condition to persist without addressing it.

2. The Park Operators (The SlingShot Group and ICON Park):

While the ride operator and park staff were certainly involved in the incident, they were not found to be as directly responsible as the manufacturer. The SlingShot Group, the company that ran the ride, and ICON Park, the location where the ride was housed, were sued for negligence. However, the court found that their role in the accident was secondary to the manufacturer’s failure to provide a safe ride.

Negligence in Screening Riders: The park staff failed to properly screen riders for safety and to check that restraints were secured. However, given the overriding of safety sensors and the inadequate design of the ride, the park staff’s actions were not deemed the primary cause of the incident.
Lack of Oversight: Although the park staff should have prevented Tyre Sampson from riding or at least ensured his safety by properly securing him, their negligence did not directly cause the accident in the same way the ride’s faulty design and safety measures did.

3. Lawsuit Outcome:

In legal terms, Chance Rides, Inc. was found to bear the brunt of the responsibility for the accident due to its role in designing and manufacturing the ride with insufficient safety features. Tyre’s family filed a lawsuit against both Chance Rides and the park operators, but it was the ride manufacturer who faced the largest portion of liability.

Why the Ride Maker Was Found More Liable Than Workers at the Park:

Design Flaws: The ride’s design and failure of safety restraints were a primary factor in the accident. The ride’s restraints were inadequate to keep a larger rider like Tyre Sampson safely secured during the ride’s drop.

Manual Override of Safety Sensors: Evidence showed that the ride’s safety systems had been manually adjusted, which was a significant factor in allowing the fatal accident to occur. The park workers were not directly involved in this override, which was done by the ride’s maintenance or technical staff, but this decision was linked directly to the ride’s manufacturer.

Park Workers’ Limited Role: While the park workers did not properly assess Tyre Sampson’s suitability for the ride, and some safety procedures were not followed, the overriding of safety systems meant the park’s role was secondary. In legal terms, while negligence in supervision or screening riders could be a factor, it didn’t carry the same weight as the ride’s design flaws and safety system failures.

Manufacturing Defects: The ride’s design was ultimately found to be flawed in such a way that it didn’t account for larger riders, and the safety systems were easily bypassed. The manufacturer was found liable for these fundamental problems that contributed to Tyre’s death.

In the Tyre Sampson case, the ride manufacturer, Chance Rides, was found to be more liable than the workers at the park due to the core issue of faulty design and the failure of safety mechanisms that could have prevented the tragedy.

While the park and ride operators were also found to have been negligent, the primary responsibility for the incident was placed on the ride’s design flaws and the failure of the manufacturer to ensure the ride was safe for all potential riders. Due to negligence, an amusement park fatality occurred.

The U.S. Consumer Product Safety Commission (CPSC) attempts to track every injury or amusement park fatality in the United States.

Fatality statistics

Since 2010, there have been more than 20 occurrences of an amusement park fatality in the United States
From 1987 to 2000, there were about 4.5 occurrences of an amusement park fatality, related to rides
From 1990 to 2004, there were 52 occurrences of an amusement park fatality, related to rides

Remember that every personal injury case is unique, and success depends on the specific circumstances surrounding the incident. Consulting with a qualified personal injury attorney is advisable to assess the strengths and weaknesses of your case and navigate the legal process effectively.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.

We offer free initial consultations with detailed case reviews.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More: https://thefernandezlawgroup.com/criminal-defense-lawyers/

NEWSLETTER: 310 MILLION VERDICT ISSUED FOR AMUSEMENT PARK FATALITY – 1/9/25

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Tampa trampoline park injury settlement of $680,656 awarded to Injured Minor

FLG — Wed, 06 Dec 2023 20:03:27 +0000

Tampa trampoline park injury settlement of $680,656 awarded to Injured Minor

FOR IMMEDIATE RELEASE

TAMPA, DECEMBER 6th, 2023 — In a landmark decision earlier this year, a Tampa jury granted a substantial trampoline park injury settlement of $680,656 to an injured minor after a four-day jury trial. The verdict was handed down against Summit Adventure Park Spring Hill, a now-defunct trampoline park, marking a significant victory for the plaintiff. Of the total award, over $500,000 was allocated for pain and suffering damages.

The case revolved around an unfortunate incident involving an 11-year-old boy who sustained injuries on an attraction called the “Wipeout Arm” at Summit Adventure Park Spring Hill. The minor’s legal representation, led by attorneys Francisco J. Viñas and Jarrett L. DeLuca of Viñas & DeLuca, PLLC, along with Frank Fernandez of Fernandez Law Group, argued that the Defendant negligently operated the attraction.

The crux of their argument was that the Wipeout Arm spun at an unsafe speed and lacked proper supervision. In addition, they also argued about the facility being understaffed. The young plaintiff suffered a comminuted spiral fracture of his femur and necessitating surgery after being struck by the Wipeout Arm’s rotating beam.

The jury emphatically rejected the Defendant’s claims of non-negligence, asserting that such injuries were not inherent risks of playing at trampoline parks. The legal team presented compelling evidence during the trial, including surveillance footage and witness accounts, illustrating an attraction left unattended and accelerating to an unsafe speed.

By comparing this evidence with instructional materials from Summit Adventure Park Spring Hill, the legal team successfully demonstrated negligence, highlighting deviations from recommended speed, supervision, and operation protocols for the Wipeout Arm.

The final recovery in this Tampa trampoline park injury settlement, totaling $687,972.91 after adjustments for medical bill payments and litigation expenses, underscores the severity of the incident and the significance of the jury’s decision. For more detailed insights and information about this case, please visit https://thefernandezlawgroup.com or https://www.vdlegal.com.

About Viñas & DeLuca, PLLC:

Viñas & DeLuca, PLLC is a prominent law firm specializing in personal injury cases, ensuring justice and compensation for those who have been wrongfully injured. With a commitment to client advocacy, the firm has a proven track record of successful litigation in complex personal injury matters, once again evidenced with this recent Tampa trampoline park injury settlement.

https://www.vdlegal.com

About Fernandez Law Group:

Fernandez Law Group is dedicated to providing top-tier legal representation, with a focus on personal injury, wrongful death, and insurance disputes. Led by experienced attorneys, the firm is committed to securing justice and fair compensation for its clients, once again evidenced with this recent Tampa trampoline park injury settlement.

https://thefernandezlawgroup.com

Media Contact:

Gastón F. Fernandez
Business Office Manager
Fernandez Law Group
506 N. Armenia Ave.
Tampa, FL 33609
813-489-3222
info@thefernandezlawgroup.com

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Trampoline park injury settlements ARE POSSIBLE

If someone is injured at a trampoline park, trampoline park injury settlements are a possible outcome for their injuries under certain conditions. Here are some key points to consider:

Negligence: To pursue a trampoline park injury settlement, the injured party typically must demonstrate that the trampoline park was negligent. This could involve inadequate safety measures, poorly maintained equipment, or insufficient staff training.
Liability Waivers: Many trampoline parks require participants to sign liability waivers. While these waivers can limit legal claims, they may not always be enforceable, especially if negligence can be proven.
Types of Injuries: Common injuries at trampoline parks can include fractures, sprains, or concussions. The severity of the injury can impact the potential trampoline park injury settlement amount.
Insurance Claims: Trampoline parks usually carry liability insurance. Trampoline park injury settlements may involve negotiations with the park’s insurance company to cover medical expenses, lost wages, and pain and suffering.
Legal Representation: Consulting with a personal injury attorney can help navigate the complexities of the case and improve the chances of receiving a fair settlement.
Documentation: Gathering evidence, such as medical records, witness statements, and photos of the incident, can strengthen the case for a settlement.
State Laws: Laws regarding personal injury claims can vary by state, so it’s important to be aware of local regulations that may affect the case.

While trampoline park injury settlements are possible, the specifics depend on the circumstances of the injury, the park’s policies, and applicable laws.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

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Are personal injury settlements exempt from bankruptcy?

FLG — Mon, 06 Dec 2021 20:44:23 +0000

ARE PERSONAL INJURY SETTLEMENTS EXEMPT FROM BANKRUPTCY?

With a Chapter 7 bankruptcy in Florida, it is possible to protect some or all of a settlement or award depending on what other assets a debtor has. An accurate determination on what can be protected should be made by an experienced bankruptcy attorney.

In some situations even if some or all possible damages or settlement amounts are not eligible for protection under Florida’s bankruptcy exemptions, the bankruptcy trustee may decide against pursuing an action depending on the circumstances.

With Chapter 13 bankruptcy in Florida, the debtor is not required to surrender any assets. Instead, a repayment plan is made. If money is awarded from a settlement, it could be considered income and may be incorporated into part of a Chapter 13 plan. An experienced bankruptcy lawyer can help make a determination on how much, if any, would be subject to the plan, which also depends on the facts of the case.

For over 25 years, our personal injury lawyers have represented injured people of the Tampa Bay area who are seeking compensation for injuries or damages sustained from car accidents, injuries caused by DUI and drunk driving, motorcycle and large truck crashes, boating accidents, as well as slip, trip and fall injuries and more in both State and Federal courts.

Martindale Hubbell peers and judges have rated us as having the highest levels of legal ability and professional ethics.Our personal injury attorneys are supported by a superior staff of legal assistants and expert witnesses. When our law firm represents you, multiple lawyers and legal specialists work together on your case to get you the results you deserve.

There are no costs or fees unless we obtain a settlement for you. – View our recent Personal Injury Settlements and Results

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Are personal injury settlements taxable?

FLG — Tue, 30 Nov 2021 17:08:42 +0000

Are personal injury settlements taxable?

Are personal injury settlements taxable? The federal government (IRS) or state cannot tax you on settlement or verdict proceeds in most personal injury claims.

Federal tax law excludes damages received as a result of personal physical injuries or physical sickness from a taxpayer’s gross income. Recent changes in tax law may allow punitive damages and interest to be taxable. The injuries must be physical to qualify for tax-free treatment, as emotional distress is not enough in itself. Insomnia, headaches, and stomachaches have been deemed normal byproducts of emotional distress and could be taxable.

Settlements or awards that provide compensation for physical injuries, emotional distress or lost wages as a result of physical injuries are specifically excluded by the IRS. However, any interest earned from money received in a settlement or award is not tax exempt.

According to the IRS, “If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.”

– source: Publication 4345 at IRS.gov

For over 25 years, our personal injury lawyers have represented injured people of the Tampa Bay area who are seeking compensation for injuries or damages sustained from car accidents, injuries caused by DUI and drunk driving, motorcycle and large truck crashes, boating accidents, as well as slip, trip and fall injuries and more in both State and Federal courts.

There are no costs or fees unless we obtain a settlement for you. – View our recent Personal Injury Settlements and Results

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