Call Us for a Free Case Evaluation


The Dangers of Small Group Personal Training

What is Small Group Personal Training?

Small Group Personal training has become a more common trend in the fitness community during the last years. As these types of training programs spread, it is important that the groups are conducted in a way that allows the participants to perform the activity while minimizing their risks for injury.

Due to the fact that it can deliver an effective workout, it has grown in popularity. Because trainers can lead these programs without having to raise the same amount of capital that would be necessary to start a gym, it appears that these Small Group Personal training sessions will continue to expand.

However, if an accident occurs during one of these activities, it is important that you contact a lawyer to know what rights and options are available to assist you in a litigious situation.

The Dangers of Small Group Personal Training

A recent article speaks to the possible dangers of Small Group Personal Training programs such as CrossFit. CrossFit is an intense workout that consists of weightlifting, gymnastics, and sprinting.

The Dangers of Small Group Personal Training

Kevin Ogar was a CrossFit coach and athlete. He wanted to advance to the the national competition for CrossFit athletes. During a Crossfit competition in Southern California, Mr. Ogar injured himself while attempting to execute an Olympic lift. When he lifted the barbell above his head, he stopped trying to perform the maneuver and dropped the weight.

Unfortunately, the weight struck another set of weights, bounced up, and landed on Mr. Ogar’s back. The weights hit him in the back and he severely injured his spine. While Mr. Ogar lay on the ground, he was unable to move his legs, as he had been paralysed.

The injuries meant that the trainer would need multiple surgeries and a long period of rehabilitation to recover from the accident. The story is an even greater tragedy because he did not have any health insurance. He is now relying upon the kindness of donations to help pay for his medical treatments.

The Necessity of Extreme Care with Dangerous Activities

The article concerning the unfortunate accident bolsters the point that these programs place people in dangerous positions. Mr. Ogar competed in these events, but he was also a coach of others and that still did not prevent him from avoiding injury.

If a person trained in these activities who helps people do the exercises can injure himself, it causes one to question to what degree it is necessary to provide adequate and thorough training and guidance when people are commencing these activities. While these types of activities will continue, it is important that they are conducted in a responsible manner that ensures the safety of its participants.

Contact an Attorney

If an accident arises during any type of Small Group Personal Training like CrossFit programs, Boot Camps, and studios, you should attempt to figure out the legal ramifications that are involved.

The law team at Fetterman & Associates are quite experienced in a wide range of cases and have a strong reputation in personal injury law, especially in the field of spinal cord injuries. Our team will do everything possible to help you get the results that you desire. Feel free to reach us today at 561-845-2510.

Also Read:

Lawteam-Consult for Free Consultation

Vehicle Rollovers in Palm Beach County Send Several to Area Hospitals

Vehicle Rollovers
Vehicle Rollovers

Two separate car accidents in Palm Beach County around the middle of the month both involved vehicle rollovers, and both were serious enough to send some of the vehicle occupants to the hospital.

In a single car accident southbound on the Florida Turnpike in Boynton Beach, a car struck a wall and rolled over, landing on its side in the road. The driver of the vehicle was taken to Bethesda Hospital West and treated for minor injuries.

In Lake Worth, two vehicles were involved in an automobile accident which left one vehicle up against a tree while the other car rolled over. Occupants in the rollover vehicle had to be cut out of their car with the Jaws of Life by Palm Beach County Fire Rescue. Two of the accident victims were transported to JFK Medical Center in West Palm Beach.

Bigger Vehicle Design Increases Likelihood of Rollovers

In case you haven’t noticed, cars, vans, SUVs and pickup trucks have been getting bigger and bigger over the past several years. Despite increased attention to vehicle safety in design and manufacture, bigger cars tend also to be taller and more top-heavy, with a higher center of gravity. These factors make the vehicle more likely to roll over when struck in a collision with another car, or even in a single-vehicle accident. Although technology such as Electronic Stability Control and computerized traction control has been around for decades and could cut crashes and fatalities in half, these technologies have still not been universally adopted by automakers, even though the addition to a vehicle’s price tag may be only about $100.

Vans, trucks, SUVs and other vehicles with a higher likelihood of rollover should at least be built with sturdy, reinforced roofs, yet this is one of the areas of the automobile that is typically not considered for durability in a rollover accident, which happens relatively infrequently compared to other accidents. A rollover combined with a roof crush often results in a fatality or permanent injury such as traumatic brain injury or spinal cord paralysis.

Call to action for car aacident attorney

Traumatic Brain Injury Increases Risk of Alzheimer’s Later in Life

Traumatic Brain Injury Increases RiskIt is obvious that a traumatic brain injury (TBI) can cause significant cognitive impairments following a head injury in a slip and fall, auto accident, or another personal injury. But did you know that a TBI also greatly increases an individual’s likelihood of developing Alzheimer’s disease or some other form of dementia, even years after the accident? Research conducted over the past 30 years has turned up this link in study after study. One study found that young adults who experienced a moderate TBI were 2.3 times more likely to develop Alzheimer’s later in life. For those who had suffered a severe TBI, the increased risk was 4.5 times as great. Treatment for Alzheimer’s can be costly, not to mention the emotional toll it takes on the victim and the victim’s family. Is the greater risk of Alzheimer’s a type of legal damage that can be compensated in a personal injury lawsuit? This is a difficult question, and the answer depends on a number of factors. It is certainly a question work exploring with your attorney. Fetterman & Associates works to get you every penny you are entitled to as a result of your injury. Identifying and valuing future costs and complications that are likely to arise from your injury is a critical part of estimating your damage award. If you or a loved one has suffered a traumatic brain injury or any other serious personal injury, contact the Law Team at Fetterman & Associates to speak with one of our experienced personal injury lawyers.

Lawteam-Consult for Free Consultation

A year after Florida passes Personal Injury Protection “reform” and the debate rages on

Personal Injury lawIn May 2012 we posted a blog about the passage into law of HB 119, the so-called Personal Injury Protection (PIP) reform bill that was going to lower your no-fault insurance rates by 25% (see Florida Passes Personal Injury Protection (PIP) Reform: A Boon for Consumers or a Curse for Injured Drivers and Passengers?).

Since then, parts of the law have been ruled unconstitutional, and some legislators are debating whether to continue with PIP at all. Recall that along with the supposed premium reduction, PIP benefits were largely reduced as well. Under the 2012 PIP Act, the $10,000 in benefits previously available is now only provided for medical emergencies, and other treatment is limited to $2,500.

Certain types of treatment, such as massage therapy and acupuncture, were excluded altogether (see New Florida Law Rubs Massage Therapists the Wrong Way, posted April 15, 2013). These provisions are currently being litigated in court, and a temporary injunction is currently in place prohibiting those provisions from taking effect for the time being.

Are we better off without no-fault?

In his decision granting the temporary injunction, the judge questioned whether Florida should have no-fault insurance at all, or whether a better alternative is to require liability insurance and allow access to the courts when a car accident is the fault of a negligent driver. Some legislators have taken up the cry and have brought the debate into the Senate Banking and Insurance Committee, which recently voted unanimously in favor of submitting a bill that would require drivers to carry liability insurance rather than no-fault.

Whether Florida moves to liability or stays with no-fault insurance, getting compensation for your injuries after a car accident is still a complicated legal process, and help from an experienced auto accident attorney is still critical to getting all of the compensation you deserve. In Palm Beach, North Palm Beach, and Port St. Lucie, contact Fetterman & Associates for assistance.

Lawteam-Consult for Free Consultation

Should AEG be held liable for Michael Jackson’s death?

Music legend Michael Jackson died on June 25th, 2009 from a heart attack attributed to a combination of drugs prescribed by his personal physician, Dr. Conrad Murray. Jackson at the time was in the rehearsal stage for an upcoming comeback tour sponsored by entertainment giant AEG.

Michael Jackson’s death?

Dr. Murray was found guilty of involuntary manslaughter in 2011 and sentenced to four years in prison. In a trial that began April 29th, 2013, Jackson’s mother and three children are suing AEG for more than a billion dollars in a wrongful death lawsuit claiming AEG negligently hired and negligently supervised Dr. Murray.

The Arguments for AEG Liability

The plaintiffs may argue that AEG pushed Jackson to conform to a schedule that he was not physically fit for and likewise pressured Dr. Murray to do whatever it took to get Jackson on stage, without due regard for his health and well-being. They will argue that AEG was guilty of negligent hiring in selecting Dr. Murray, who apparently was deeply in debt and therefore may have had ethical dilemmas regarding the care and treatment of his patient. The plaintiffs may also claim that AEG is liable for negligent supervision. Emails which have surfaced suggest that the show’s director was concerned about Jackson’s health and health care when Dr. Murray kept Jackson away from a rehearsal. The director made his concern known to an AEG executive, who responded by warning the director not to become an amateur physician. The executive said he had immense respect for Dr. Murray, and that he “is extremely successful (we checked everyone out) and does not need this gig, so he totally unbiased and ethical.”

Defense will say Murray was hired by Jackson, not AEG

The defense is likely to counter that Murray was not employed by AEG but instead was hired by Jackson himself as his personal physician. Although Dr. Murray’s $150,000 (per month!) salary was to be paid by AEG, the defense characterizes this arrangement as an advance payment to Jackson. Rather than focusing on Murray’s debt, the defense wants to shine the spotlight on Jackson’s own financial troubles, suggesting that Jackson was aggressively pursuing the comeback tour and pushing himself beyond his limits, in opposition to the plaintiff’s picture of AEG aggressively pursuing Jackson and pushing him to perform. At Fetterman & Associates, our attorneys recognize the importance of identifying all the parties who may be legally responsible for causing a personal injury or wrongful death. We understand the various legal theories which may be applicable in any particular situation and what it takes to prepare and present a persuasive case to judge or jury. In Palm Beach and Port St. Lucie, contact Fetterman & Associates for a free consultation with an experienced and successful personal injury lawyer.

Also Read :

Lawteam-Consult for Free Consultation

New Florida Law Rubs Massage Therapists the Wrong Way

The courts have entered another chapter into the continuing saga of the 2012 PIP Act, a Florida law enacted in May of 2012 that prohibits massage therapists, as well as acupuncturists, from billing their services to Personal Injury Protection (PIP) insurance. This same law also seeks to cap chiropractic care at $2,500 and only allows chiropractic services when they are based on a referral from the patient’s primary care physician.

New Florida New Florida Law Rubs Massage Therapists the Wrong Way

A lawsuit was filed in November of last year to keep the State from enforcing the act. A hearing on a temporary injunction was scheduled for December but canceled by the judge. That hearing has finally been held, and a temporary injunction has been granted, prohibiting the State from implementing the law for the time being.

For now at least, people who seek massage therapy or acupuncture for relief from a motor vehicle accident should be able to access PIP benefits if they meet all the other requirements of the law. PIP benefits are part of the Florida Motor Vehicle No-Fault Law. Allegedly to prevent fraud, the government has placed many restrictions and procedures on people applying for PIP medical benefits, such as how soon after the accident the services must be provided (14 days) and by whom (licensed physicians or dentists).

The new law limits PIP medical benefits to $10,000 for an emergency medical condition and $2,500 when the individual’s condition does not meet the legal definition of an emergency medical condition. Massage and acupuncture are simply not reimbursable whatsoever, under the new law. If you have been injured in a Florida automobile accident, contact Fetterman and Associates to learn about the PIP benefits and other compensation that might be available to you.

Also Read:

Lawteam-Consult for Free Consultation

Injuries at Daytona Speedway Raise Questions about Sporting Event Tickets and Liability Disclaimers

It’s a rare case where victims may be barred from obtaining compensation for injuries caused by someone else.

Sporting Event Tickets and Liability

More than 30 people were injured at Daytona International Speedway last month when a wreck involving two NASCAR racers caused debris to shoot into a crowd of spectators. Consequently, the prospect of a law suit has emerged, but it could be a difficult case for the victims to win.

On its face, the situation might otherwise appear to be a typical case of negligence in which one party—the Speedway—is potentially at fault and hence liable to compensate any injured spectators for their damages and losses. But the case is actually more complicated than a standard negligence case because the spectators’ purchase of a ticket to attend the race constitutes a contract.

The important thing about ticket contracts to races and other sporting events is that they generally contain provisions which disclaim event organizers from liability for accidents suffered at the event. So the first question in the case at hand would be to determine whether the liability disclaimer in NASCAR’s ticket contract protects the organization from a lawsuit.

Some Florida courts consistently honor liability disclaimer provisions, which in this case would mean that the injured victims would be unable to collect compensation for their damages. But it is also possible that a court could find that Daytona International Speedway’s level of fault rises to the level of gross negligence, in which case the disclaimer would be ineffective to bar the spectators’ claim.

The ticket disclaimer raises an issue in contract law, as opposed to personal injury tort law, which is based on a breach of duty of care that one person owe to another. The goal of Florida tort law is to make the victims of negligence as well off as they would be if the accident had not occurred, and accident victims can generally recover for all losses suffered, including the costs of medical bills and lost opportunities.

But really, the likeliest resolution of any cases brought by spectators is an out-of-court settlement rather than an expensive, fiercely fought legal battle. If you are the victim of a serious accident, the Florida personal injury attorneys at Fetterman and Associates may be able to help. Call us today for a free, confidential consultation.

Lawteam-Consult for Free Consultation

No Texting While Driving Gets the Green Light

Florida is one of only five states without any restriction on using a cell phone to text message while driving (the other four are Arizona, Montana, South Carolina and South Dakota), but after this week the state is one step closer joining the majority of states banning the activity.

House Bill 13, which would make text and drive a secondary offense subject to monetary fines and/or point penalties passed unanimously out of the Florida House Transportation subcommittee. This is after the bill’s counterpart in the senate (SB52, sponsored by Senator Nancy Deteret) passed unanimously from its second committee the week before. The progress is a victory for the bill sponsor and co-sponsor, Doug Holder and Ray Pilon, especially considering that they have been unsuccessful in getting any traction on the bill for five years.

Why You Should not Text and Drive Why the support now after years of defeat and denial for a texting while driving ban in Florida?

Forward momentum is credited largely in part to a new effort from insurance, education, legal, medical and automotive lobby.

The ban has been publicly supported by AARP, Florida Sherriff’s Association, Florida Police Chiefs Association, AAA, AT&T and the Florida PTA, automotive makers/dealers and trial attorneys. Some credit the family testimonials from victims of automobile accidents caused by cell phone usage for the unanimous subcommittee passage.

Representative Holder championed the bill as a necessary measurement to insure public safety and reduce automobile crashes caused by inattentive drivers distracted by text messaging.

The ban would be a secondary offense, meaning that a person could only be cited for the violation if they were pulled over for committing a primary traffic offense such as speeding or reckless/careless driving. The penalty would be a $30 fine for the first offense and a $60 fine for a second offense incurred within a five year period.

Additionally, point penalties could be incurred if texting within a school zone (2 points) or if the texting led to a crash (6 points). Texting would still be allowed at red lights, in traffic jams and if pulled off to the side of the road. The bill also exempts police officers and other emergency responders.

Texting while driving bans have grown in popularity over the past ten years, as more and more accidents involving electronic devices have occurred nationwide. In addition to state statutes and city ordinances, President Obama issued an executive order in 2009 banning federal employees from texting while driving while conducting official governmental business.

According to the National Safety Council, there are over 100,000 crashes a year involving electronic device usage that distracts drivers. AAA reports that texting and driving makes a person six times more likely to be involved in a collision; the federal government believes it is even higher- stating it is twenty-three times more likely.

The problem is widespread: one in seven surveyed drivers admitted to texting and driving and half of sixteen and seventeen year old text while driving. Considering the national response to what some call the “electronic safety epidemic”, it seems strange that Florida, the fourth most populous state in the country, has been so reluctant and late coming in legislative action regarding texting while driving.

Especially because a recent study found that 70% of Florida voters favor a ban. Like other states, Florida has documented correlations in cell phone usage and car accidents. According to the Florida Department of Highway Safety and Motor Vehicles, there were 3700 automobile crashes last year involving electronic devices.

Of those 2,218 were from cell phone usage; 145 specifically from texting. Despite the popular response to the proposed ban, critics of the bill have legitimate arguments against its passage. According the several legislators, the bill has been seen as unnecessary legislation.

Under the legal analysis of private liberty versus public interest and safety, opponents believe that the ban is governmental intrusion into personal freedom. They believe that the solution is already available with the enforcement of current careless and reckless driving statutes, not the creation of additional redundant law.

Representatives and Senators who oppose the bill are also concerned that there are no recent data documenting a need for the ban. The most recent information from state safety agencies (cited above) are from the first ten months of 2011.

Bolstering the opposition’s argument is a 2010 Highway Loss Data Institute study showing that bans do not prevent crashes, they actually increase them.

According to the study, banning the activity does not make the drivers stop the activity; it only makes them hide what they are doing more so they are not seen texting.

By lowering the cell phone the driver is more distracted as they struggle to focus on the more distant device. Supporters of the bill challenge the strength of the opposition’s arguments, believing that public safety is the larger concern considering the large numbers of automobile accidents.

Also Read: A Local Twelve-Year-Old Takes On Texting While Driving

Applying the same legal analysis used by the opponents, supporters believe public safety outweighs personal liberty in this situation due to the large amount of injuries and fatalities reported. They also feel that data from 2011 is sufficiently representative of the situation in 2012; chances are that the number of traffic incidents only increased within that one year time period.

Despite this week’s success in the legislature, the bill still has hurdles to overcome before the bill becomes law. There are still a few committees and overall House approval is required. If the current trend is any indication, it appears that Florida drivers will soon have to reserve texting for times outside the vehicle, telling their contacts that they will TTYL. LOL.


Standing Up For Victims’ Rights for Over 40 Years.

A Florida personal injury lawyers that will fight to get you the compensation you deserve.

Will Florida Ban Motorist Cell Phone Use in 2013?

In an effort to make roads and highways safer for all drivers, many states across the country have enacted cell phone bans prohibiting the use of handheld devices for talking or texting while operating a motor vehicle. Policymakers pushed for these laws based on the generally accepted theory that cell phone use and text messaging result in inattentive driving and contribute to the high number of car accidents in the United States. Florida, however, has no restrictions on motorist cell phone use, despite dozens of bills presented to the state legislature since 2002. As reported by the Palm Beach Post, advocates for a ban are hopeful that this will finally change in 2013.

In 2012, attempts to have a texting ban heard were blocked by Florida House Speaker Dean Cannon, R-Winter Park, but Cannon left the House in November due to term limits. Supporters of a ban say his departure “may help clear the way for Florida to become the nation’s 40th state to prohibit all drivers from texting.” Representative Irv Slosberg from Boca Raton told the Post that “the public has been screaming for it.”

Drivers Support Bans But Still Talk, Text & Drive

Will Florida Ban Motorist Cell Phone Use in 2013?According to a 2010 National Safety Council study, nearly 30% of traffic accidents occur because people talk on cell phones or send text messages while driving. And it seems that people are aware of the dangers associated with cell phone use and texting while driving—a survey conducted by AAA Auto Club South found that 87% of motorists support laws prohibiting texting while driving. At the same time, nearly 70% of Americans acknowledge talking on their cell phones while driving within the past 30 days, and 24% say they have sent texts or emails. This means that bans on cell phone use and texting may continue to be a tough sell in Florida, where many legislators are concerned that such restrictions are unwanted government intrusions on private behavior. If Florida follows the nationwide trend, however, concerns about public safety may win out over individual rights this year.

Talk to an Experienced Florida Personal Injury Lawyer

If you or a loved one has been involved in an accident with a driver whom you believe was talking or texting on a cell phone, please contact Fetterman & Associates. During a free initial consultation, you can speak with a knowledgeable Florida injury attorney about your specific case. With offices in Palm Beach and Port St. Lucie, we serve clients throughout southeast Florida.

Lawteam-Consult for Free Consultation

Tragic Amtrak Train Crash in Central Florida

On November 29, an Amtrak train headed for Miami collided with a dump truck at an Orlando intersection, killing the truck driver and injuring over a dozen passengers (see the article in the Orlando Sentinel). At least 50 fire-rescue workers and 50 law enforcement officers were sent to the scene of the accident. Once there, they found the truck in two pieces on either side of the track, the driver, already dead, thrown about 150 feet from the impact zone, and over 100 panicked and shocked passengers. According to the Sentinel article, there is a stop sign and railroad crossing sign at the intersection where the accident occurred, but no arm bars or other signals to warn drivers when a train is near. However, at this very intersection, flashing lights and crossing arms are supposed to be installed in the spring of 2013 as part of a $1.2 billion commuter train upgrade. Sadly, these safety precautions are too late for the victims of Thursday’s accident.

Causes of Train Accidents

Tragic Amtrak Train Crash in Central FloridaWhile authorities from the Florida Highway Patrol and the Florida Department of Transportation are still investigating the factors that led to the Orlando accident, we do know that many tragic train accidents could have been avoided if people took proper care at train crossings and while operating commuter trains. Some common causes of train accidents include:
Failure to properly inspect equipment
Improper train or track maintenance or repair
Lines being switched improperly
Mechanical failures, including broken warning lights
Improperly loaded or disproportionate cargo on the train
Disregarding weather conditions
Excessive speed
Miscommunications regarding which track is non-operational and which is in use
Failure to obey signals
Insufficient training of staff
Failure to remedy a dangerous situation, such as a spill, broken seat, or belligerent passenger
The personal injury attorneys at Fetterman & Associates possess the resources and legal skill to handle complex cases arising from train accidents. Our goal is to identify all liable parties in a train accident to ensure maximum compensation for our clients.

Contact an Experienced Palm Beach Personal Injury Attorney in Florida

If you or a loved one has been hurt in a train accident, either as a train passenger or automobile driver, please contact Fetterman & Associates for a free consultation. We serve southeast Florida from offices in Palm Beach and Port St. Lucie.

Lawteam-Consult for Free Consultation

Get Help Now

contact boder

Frequently Asked Questions

You’ve Got Questions?
We’ve Got Answers.
Click the button below
to get started.

Personal Injury FAQs