Articles Posted in Florida

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A CNN investigation has found that at least 103 Uber drivers in the U.S. have been accused of sexually assaulting or secually abusing their passengers. The allegations date back to the past four years.

The results of the investigation have shown that the questionable drivers were either arrested, are wanted by police, or have been named in civil suits related to the incidents.

Shockingly, nearly 31 drivers have been convicted for crimes ranging from forcible touching and false imprisonment to rape, and at least a dozen more have criminal and civil cases that are pending, according to CNN analysis.

This is strictly coming from analysis conducted by CNN involving in-depth review of police reports, federal court records and county court databases for 20 major U.S. cities. There is no publicly available data for the number of sexual assaults by Uber drivers or for drivers of other rideshare companies.

Most of these cases involve the passengers being intoxicated or passing out in their Ubers. Some of these cases have even lead to opened investigations into other potential crimes,

A few of the cases have resulted in a class action lawsuit against Uber.

One woman is even suing Uber for representing its services as “safe.”

Uber launched in 2010 in San Francisco as “everyone’s private driver,” and is currently valued at $70 billion and operates in 630 cities worldwide. Uber provides an estimated 15 million rides a day.

It will be interesting to see how the company further responds to this CNN investigation.

According to CNN, last week the company posted a sexual assault prevention video on its website on “how to create a safer community.” Uber also announced plans to host 50 community forums nationwide for advocates, leaders, drivers and riders across to talk about the issue.

An Uber spokesperson said safety is the company’s top priority this year and cited recent protocol updates such as rerunning driver background checks on an annual basis moving forward. The company also told CNN it plans to roll out a dedicated “safety center” within the Uber app where riders can designate contacts they want to share trip details with while they ride and they will also have an emergency button allowing users to call 911 from inside the app.

Lyft, an Uber competitor that provides an estimated one million rides daily in the United States and Canada, is also dealing with some allegations of sexual assaults by its drivers. A similar CNN review using the same methodology found 18 cases of Lyft drivers accused in the past four years. Of those cases, four drivers have been convicted.

Keep in mind that it is quite common for Uber and Lyft drivers to work for both companies simultaneously. However, each company is required to perform its own background checks.

While using a rideshare service like Uber or Lyft to avoid a potential DUI seems like a safe, economical decision, these sexual assault reports raise some major red flags for passenger safety. If using your phone to get a ride in about 3-5 minutes sounds too good to be true, you could be correct as you are virtually relying upon a stranger to get you to your next destination safely. Our Florida Injury Lawyers at Whittel & Melton have compiled a few safety guidelines for you to follow if Uber or Lyft is your go to:

  1. Before getting in to the vehicle, make sure you identify your driver and car. Uber sends you your driver’s name, photo, vehicle make, model, and plate number once you have booked your trip. Always compare that information with your ride when it arrives. If something does not match up, do not get in.
  2. Never get into an Uber car that you didn’t order. If you are intoxicated, have someone you trust wait with you and check the the driver and car upon arrival.
  3. Share your ETA with a friend or someone you trust. Uber sends you a destination link once the driver is on their way. Share it with someone so they know where you are and where you are supposed to end up.
  4. Always go with your gut. If you are not 100% comfortable when your Uber driver arrives, don’t take the ride. The minor $5 cancellation fee is absolutely worth your safety.
  5. Know the accident coverage liability: If you are injured while in an Uber accident and the driver is at fault, be aware of who is responsible and the limits to Uber’s $1 million liability amount. Familiarize yourself with Uber’s Terms & Conditions you agreed to during registration.
  6. Rate your driver: Leave comments and feedback about your Uber experience. If you felt unsafe, share the information. Remember, these can be anonymous.

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A 73-year-old woman was killed after being hit by a pickup truck while she was riding a moped in Groveland Sunday morning, according to the Florida Highway Patrol.

The Winter Haven woman was driving a 2005 Honda scooter north on State Road 33 behind a Honda pickup.

The truck driver drove onto the road’s shoulder before making a U-turn to drive south on S.R. 33. The truck collided with her scooter about 10:55 a.m.

The woman was pronounced dead at the scene. The driver of the truck was taken to South Lake Hospital with minor injuries.

The crash is under investigation and charges are pending.

When drivers are making a turn of any kind they have an obligation to look out for other vehicles. Unfortunately, they are often focused on cars and trucks and fail to see motorcyclists, bikers, moped drivers and pedestrians. When cars make a left turn or U-turn without seeing a rider they are not giving the rider enough time to react and can hit the motorcycle, scooter or moped causing severe injuries or even wrongful death. Even if the rider is able to maneuver in a way where they avoid a collision, they can still be injured or killed for taking such evasive action.

When a motorcyclist or a moped driver is involved in an accident with a larger vehicle, the motorcyclist will suffer the most serious injuries in the majority of instances. Moped riders and bikers are much more vulnerable than automobile drivers and lack the protection of a metal frame.

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A Polk County woman is suing a Disney theme park, alleging breach of duty and negligence led to her injuries.

The woman filed a complaint April 10 in Orange County Circuit Court against Walt Disney Parks and Resorts U.S. Inc,. alleging failure to exercise reasonable care for the safety of the public.

According to the complaint, on Nov. 9, 2017, the woman visited the Magic Kingdom theme park with her family to attend Mickey’s Very Merry Christmas Party, which included a fireworks show. She alleges that during the event there were employees who were walking at a very rapid pace and were zigzagging through the overcrowded venue in a negligent manner. The suit says the Disney employees ran into the woman, knocking her down.

She says she sustained bodily injury, resulting in pain and suffering, disability, disfigurement and expense of hospitalization, medical and nursing care and treatment.

The suit alleges Walt Disney Parks and Resorts U.S. failed to train and/or inadequately train its employees regarding safe maneuvering through the park when it is crowded and/or overcrowded so that employees do not make contact with guests and cause injury.

As an invitee of the park, you are considered a guest, which means you have a right to be reasonably protected against any safety risk while in the park under Florida’s premises liability law. Failure on the park’s part to protect you or anyone else may be considered negligence. An experienced Florida Amusement Park Injury Attorney at Whittel & Melton can investigate the matter of negligence for you and help you understand what steps to follow to seek financial compensation for pain and suffering.

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A Pembroke Pines homeowner is suing an insurance company, alleging breach of contract.

The man filed a complaint March 23 in Broward Circuit Court against Universal Property and Casualty Insurance Company, alleging failure to provide coverage after a hurricane.

According to the complaint, on Sept. 10, 2017, the man sustained damaged property and repair costs when his property was substantially damaged by Hurricane Irma while his insurance policy was in full force and effect. However, the suit says, despite the man’s efforts to perform all obligations to recover under the policy, Universal Property has refused to provide coverage for his claim.

The man claims that Universal Property and Casualty Insurance has refused to pay to replace and/or repair the full amount of damage to his dwelling, and forced him to retain and pay for an attorney’s services in bringing legal action.

Hurricane Irma was the largest storm to hit Florida since Hurricane Andrew in 1992. With mandatory evacuations and 185 mph winds, the aftermath of this storm left many homes and properties destroyed. Our Florida Hurricane Insurance Attorneys at Whittel & Melton know that even if you have homeowners insurance and did everything in your power to protect your home, insurance companies may still refuse to payout for damages. We can protect your interests when insurers refuse to pay valid claims.

Most homeowners insurance policies require that you give notice to the insurance carrier immediately after the damage occurs. If you wait too long to contact your insurance company, they could deny your claim because of your failure to act promptly.

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A canon lawyer has recently spoken out about a widespread cover-up of clergy sex misconduct in the Archdiocese of St. Paul and Minneapolis. She is claiming that archbishops and their top staff are lying to the public and of ignoring the US bishops’ pledge to have no tolerance of priests who abuse.

Her claims go on to share that the church used a chaotic system of record-keeping that helped conceal the backgrounds of guilty priests who remained on assignment.

She said that when she started examining records in 2008 of clergy under restrictions over sex misconduct with adults and children she found “nearly 20” of the 48 men still in ministry. She said she repeatedly warned the church about the risk of these placements, but they took action only in one case. As a result of raising alarms, she said she was eventually shut out of meetings about priest misconduct. She resigned last year.

The archdiocese has for years pledged it was following the national bishops’ policy, known as the “Charter for the Protection of Children and Young People,” which lays out a series of requirements — from conducting background checks to alerting parishioners about offender priests and barring guilty clergy from parish assignments.

However, this woman alleges she discovered in 2008 that the archdiocese hadn’t conducted background checks on most priests since the early 1990s. When she drew attention to the lapse, she said she was told to eliminate references to the date of background checks in a form pledging a priest is suitable for ministry.

The woman also claims she found important information scattered among storage locations throughout the archdiocese, such as priests’ records, including the history of allegations against them, their compliance with the monitoring program, and evidence of their misconduct that did not make its way into various priest’s personnel files.

She is the highest-level official from a US diocese to make claims of a cover-up. A canon lawyer educated at the Catholic University of Leuven, Belgium, she served as a judge on church tribunals in Minnesota and was trained through the US bishops’ conference on child safety and monitoring guilty clergy.

The Catholic Church plays a significant role in the growing number of child sex abuse claims, especially with all the scandals and cover-ups. At Whittel & Melton, our Florida Sexual Abuse Injury Attorneys stand ready to help those who have been subjected to inappropriate acts by clergy members. If you or a loved one have been abused by a member of the clergy, we are ready to advocate on your behalf and help you pursue the restitution you deserve.

We are well aware of the Catholic Church’s approach in these sexual abuse cases and the tactics they will employ to minimize the claims of victims. We firmly believe  that no authority, religious or otherwise, is excused from responsibility when sexual misconduct or any abuse occurs. We will fight aggressively to hold wrongdoers accountable for their actions.

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A customer who was reportedly injured after she tripped over a shopping cart left in a Walmart aisle has filed now filed a negligence lawsuit.

The woman filed a complaint on April 3 in the Orange Circuit Court against Walmart Stores Inc., alleging the Orlando shopping center failed to use due care to maintain its premises in a safe condition.

According to the complaint, the woman claims that on Feb. 5, 2016, she visited the Orlando store and tripped and fell over a cart that was left in the walkway.

As a result, she sustained bodily injury, pain and suffering, disability, mental anguish, loss of earnings, and medical expenses.

She holds Walmart responsible because the store allegedly failed to adequately inspect and maintain the walkway, and failed to correct or warn visitors of the danger of carts in the walkway.

When you choose to visit a retail store, you expect that you will be provided with a reasonably safe shopping experience. In fact, retail businesses are legally obligated to keep their premises safe for customers. If you suffer an injury from a hazard on store premises, you could have a valid claim against the business.

While many retail injury claims are slip and fall or trip and fall claims, there are many other injuries that occur within a store, including:

  • Faulty staircases
  • Uneven floors
  • Broken or poorly maintained escalators and elevators
  • Falling merchandise
  • Insufficient lighting in parking lots
  • Shelving mishaps
  • Lack of security

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Miami Beach’s Catalina Hotel, the scene of the 2012 CW network reality series “The Catalina,” has been slapped with twin lawsuits brought by two female tourists who allege the resort’s manager escorted one of them to their room then sexually abused them both.

The incident, according to the lawsuits filed in Miami-Dade County circuit court, allegedly took place a year ago. The women are only identified in court files as Jane Doe 1 and Jane Doe 2.

With prices in the $200 range and an open bar nightly from 7 to 8 p.m., the Catalina has become popular with spring breakers.

The hotel manager is accused of escorting Jane Doe 2 back to her room after she and roommate Jane Doe 1 “consumed several alcoholic drinks” during the complimentary hour.

When they arrived to the room, Jane Doe 1 was asleep on her bed.

Once in the room, the manager is accused of forcing himself on Jane Doe 1 and Jane Doe 2, including forcibly performing oral sex on both while Jane Doe 1 and Jane Doe 2 were in a nearly unconscious state, according to the complaint.

The negligence lawsuit faults the hotel for offering free booze without enforcing safety rules.

Hotel property owners have a duty to provide a safe place for guests and patrons to visit. Unfortunately, sexual abuse and other crimes can happen on hotel property, and when an assault or act of violence occurs because of unsafe conditions, the property owner may face a hotel liability lawsuit.

Failure to maintain a hotel property in a safe condition that is free from dangers entitles the injured party or victim to file a premises liability claim for negligence against the hotel. A premises liability claim is a type of personal injury claim that allows the victim to seek financial compensation for medical expenses, pain and suffering, lost wages and various other damages.

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A federal grand jury has returned an indictment charging a 23-year-old Jacksonville man with aggravated sexual abuse by force. If convicted, he faces a maximum penalty of life imprisonment in federal prison, and a potential lifetime of supervision.

According to the indictment and court records, the man is charged with sexually abusing a passenger on February 27, 2018, while aboard a Carnival cruise ship based out of Jacksonville.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Federal Bureau of Investigation.

If you have been sexually assaulted or raped on a cruise ship, our Florida Cruise Negligence Lawyers at Whittel & Melton will fight for you to recover maximum damages, holding the cruise line responsible for not taking the adequate measures to protect you from harm.

We can pursue sexual assault and rape cases as a civil matter. The cruise ship has a responsibility to provide a safe and secure environment to all passengers aboard the cruise liner. This includes having appropriate security and hiring crew members who are trustworthy and thoroughly reviewed for any previous criminal history.

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All five passengers of a helicopter that crashed into a New York City river are confirmed dead on Monday morning.

After 7 p.m. on Sunday, several people watched as the chopper went down in the East River.

According to New York Police Department, the pilot was able to escape.

The New York Fire Department said firefighters and divers had to remove the five passengers from the helicopter.

While two passengers were found dead on arrival, the other three were taken to the hospital in critical condition. They were later pronounced dead.

The National Transportation Safety Board says it is investigating the crash.

If you or someone you care about has been injured in a helicopter crash, or if you have lost someone close to you, you need experienced legal counsel to help you understand how to protect your best interests. Our team of Florida Injury & Wrongful Death Lawyers at Whittel & Melton are composed of trial lawyers serious about helping injury victims. We help determine which laws apply to your case, as well as walk you through the process, step-by-step.

Due to the volatile nature of helicopter crashes, there are many different situations that can lead to a crash or an accident. The most common causes of an accident are:

  1. Operational Error: Helicopter accidents caused by some form of human error, which is usually due to pilot negligence.
  2. Mechanical Malfunction: Accidents that are caused by the failure of some component of the aircraft, such as design flaws or manufacturing problems.
  3. Electrical Malfunction: This refers to accidents caused by some malfunction in the electrical components of the aircraft, such as an electrical short, inadequate design, testing, or improper quality control.

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A passenger who went overboard from a cruise ship was in stable condition Wednesday after being rescued out of the water near the Bahamas, the cruise line said.

The passenger was reported overboard Tuesday night from the Norwegian Epic, which returned to its home port of Port Canaveral at about 7:45 a.m. Wednesday, an hour late.

The ship then slowed to a stop and maneuvered to allow the crew to search for the missing passenger.

As lifeboats searched for her, about eight to 10 passengers yelled out from their balconies to the woman to not give up and to keep calling out for help.

After she was rescued, she was taken to the ship’s medical facility, Norwegian Cruise Line said, and taken for additional medical attention on land once the ship arrived at Port Canaveral.

Falls from cruise ships can and do happen. They can occur many different ways including:

  • Inadequate or defective handrails
  • Intoxication from being over served alcohol in the ship’s bars and lounges
  • Failing to warn of rough seas
  • Violent actions of the ship’s crew members or other passengers

The cruise ship can be held liable for falls overboard that cause injury or distress to passengers. Our Florida Cruise Negligence Attorneys at Whittel & Melton are committed to helping victims obtain compensation from cruise lines who do not provide a safe environment for passengers. Most lawsuits relating to cruise ships departing from Florida must be filed in Florida, however, specific information about where you can file the lawsuit and the statute of limitations that applies can be found on the back of your cruise ship ticket. We can help you with your claim throughout the state of Florida.

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