Florida

February 4, 2014

Florida Cruise Ship Injury & Maritime Attorney :: 4-Year-old Drowns in Norwegian Breakaway Cruise Ship Pool

by Whittel & Melton, LLC

A 4-year-old child died Monday after being found unresponsive in a swimming pool on a Norwegian Cruise Line ship off the North Carolina coast.

A 6-year-old boy was also found in the pool Monday morning, but a medical team was able to revive the boy and he was flown to a hospital.

A 4-year-old child died Monday after being found unresponsive in a swimming pool on a Norwegian Cruise Line ship. A 6-year-old boy was also found in the swimming pool and was airlifted to a hospital by helicopter.

A Marine helicopter flew to the Norwegian Breakaway about 40 miles off Cape Lookout to pick up the 6-year-old child. The helicopter flew the boy and his grandmother to the hospital. There is no word yet on the child’s condition.

The cruise line claims that a medical team on the ship performed CPR on the two children, but the younger child died. No additional information has been released from the cruise line.

The 4,000-passenger ship is based in New York and was travelling to Florida.

Drowning accidents can happen in a matter of minutes and with little to no warning. Children who are submerged under water start to lose consciousness after approximately two minutes. Brain injury tends to occur after a child has been under water between four and six minutes. Children that survive near drowning accidents without any neurological damage are usually found within two minutes of being underwater. In most cases, drowning fatalities occur after a victim has been left under water for more than 10 minutes.

Even if a child does survive a near drowning accident, they can still be left to suffer lifelong consequences, including permanent brain damage. Once a child has been submerged between four and six minutes, sadly, the damage done to the brain is usually irreparable.

Cruise ship passengers expect to be taken care of while on vacation, as they should be. As soon as travelers set foot aboard a cruise ship their lives are placed in the hands of crew members, who may not be trained to handle unexpected emergencies. The reality is cruise ships can be very dangerous vessels, and a tragic accident can happen in the blink of an eye.

January 30, 2014

Florida Pedestrian Accident Attorney :: Lake Man Dead after Being Struck by Four Vehicles

by Whittel & Melton, LLC

A 72-year-old man was killed after being struck by four vehicles near the intersection of County Road 44 and South Fish Camp Road in Grand Island northwest of Eustis shortly before 7 a.m. Thursday.

According to Florida Highway Patrol troopers, the Fruitland Park man was on the south shoulder of County Road 44 trying to cross when, for an unknown reason, he stepped into the path of oncoming westbound traffic.

The man was hit once by a Saturn car driven by a 30-year-old Umatilla man and a second time by a Jeep driven by a 28-year-old Eustis woman. Witnesses at the scene said two other vehicles also struck the man, but did not stop.

A 72-year-old man was killed after being struck by four vehicles in Eustis Thursday.

A Grand Island resident drove up to the scene before paramedics arrived and saw the man lying on the ground. Another person was trying to revive him while another person called for help, according to reports. The FHP noted the area was rainy, without streetlights and very dark.

The man was pronounced dead at the scene.

Troopers are still looking for the third and fourth vehicles that struck the deceased. Anyone with information can call FHP at 407-737-2213.

According to the National Highway Traffic Safety Administration, at least 5,000 reported deaths are the result of motor vehicle v. pedestrian accidents each year. Sadly, more than 78,000 pedestrians suffer serious injuries every year from an accident involving a car or truck.

A pedestrian collision can result in death, head and brain injuries, disfigurement, nerve damage, scarring, loss of a limb and other serious physical and mental impairments. In many cases, pedestrian accident victims require specialized treatment, such as long-term physical and psychological care. The physical pain and mental anguish suffered by pedestrians injured in auto accidents are often extreme, and the cost for medical care can be astounding. A Florida Pedestrian Accident Lawyer at Whittel & Melton can make sure that you and your family has the help they need to deal with these injuries.

January 28, 2014

Ocala Motorcycle Accident Lawyer :: Mount Dora Man Dies from Dec. 7 Motorcycle Crash

by Whittel & Melton, LLC

A Mount Dora man injured while riding his 2008 Harley-Davidson Electra Glide motorcycle last month passed away recently.

According to Florida Highway Patrol troopers, the 51-year-old died Monday, Dec. 30, at 1:03 p.m. at Ocala Regional Medical Center. His 49-year-old wife, also of Mount Dora, remains at ORMC.

The accident took place at 3:10 p.m. Dec. 7 at County Road 25 and Sunset Harbor Road.

If you have lost someone you love in a motorcycle accident that was the fault of another motorist, you should speak with a Marion County Motorcycle Accident Lawyer at Whittel & Melton as soon as possible .

According to officials, a 2004 Mini Cooper driven by an 83-year-old Eustis man was heading north on CR 25, approaching Sunset Harbor Road. At the same time, the deceased and his wife were traveling south on CR 25 on their motorcycle, also approaching Sunset Harbor Road. The 83-year-old motorist failed to yield the right of way of the motorcycle and turned left, causing the front of the Mini Cooper to smash into the Harley bike.

Authorities claim that neither the deceased nor his wife was wearing a helmet.

In 2013, there were 54 traffic related deaths reported in Marion County alone.

In the last decade, there has been a decrease in the number of many types of motor vehicle accidents throughout the state of Florida and the rest of the country. However, due to the increasingly popularity of motorcycle travel, these types of accidents have been on the incline. When a motorcyclist is killed in a preventable accident caused by the carelessness or recklessness of another driver, the biker’s family may be able to seek compensation for their loss.

January 13, 2014

South Florida Cruise Injury and Maritime Lawyer :: Lawsuit Alleges Carnival Triumph Knew of Fire Risk before Sailing

by Whittel & Melton, LLC

Court documents allege that Carnival Cruise Lines was aware of the risk of leaks from engine fuel hoses on the Carnival Triumph that later caught on fire at sea before it set sail on Feb. 7.

Documents filed by Carnival Cruise Lines in federal court in Miami revealed a compliance notice report that was apparently sent to the Triumph one month before it departed Galveston that recommended spray shields be installed on engines’ flexible fuel hoses.

A leak from a hose on engine No. 6 led to a fire on Feb. 10 as the ship made its way back from a stop in Cozumel, Mexico. While no one was injured in the fire, it caused the ship to be disabled. This left more than 4,000 people aboard the ship while it was towed to Mobile, Ala., a trip that many referred to as a “floating hell.”

The documents are part of a lawsuit that was filed in February against Carnival Cruise Lines and its parent Carnival Corporation by dozens of the Triumph’s passengers.

The lawsuit claims that Carnival was negligent in maintaining the ship by allowing it to sail knowing there was a fire risk.

In response to these serious allegations, Carnival said the ship’s engines passed inspection before departure and that the recommendations to install spray shields on flexible fuel lines was beyond necessary safety requirements.

Cruise lines have a duty of care they must exercise when it comes to passengers. When they fail to follow proper safety procedures and act in a negligent manner, passengers are at risk for suffering injuries and even death. While many cruise lines lawsuits can be complex due to international laws, the South Florida Cruise Injury and Maritime Attorneys at Whittel & Melton are familiar with both national and international laws and will fight aggressively to get you the compensation you rightfully deserve for your suffering.

This case shows that Carnival chose to withhold vital information to passengers travelling aboard the Triumph. As a passenger on a cruise ship, it is very important to fully understand your rights under maritime law. The key things to remember are that a cruise line is obligated to keeping passengers safe and when you purchase your cruise ship ticket, the fine print on the back serves as your contract, which often has specific time constraints and limits for filing a claim. Under maritime law, cruise line owners are required to maintain safe vessels, and should for some reason the vessel not be seaworthy and passengers become injured, the cruise line owner can be held liable for damages.

January 4, 2014

Florida Cruise Ship Injury Lawyer :: Police Believe Missing Passenger Fell from Royal Caribbean Cruise Ship

by Whittel & Melton, LLC

A Canadian passenger aboard a Royal Caribbean Cruise ship vanished recently, and police in the Cayman Islands suspect the 65-year-old may have fallen off the boat.

Search crews have been scouring the waters around the British Caribbean territory looking for the unidentified man believed to have fallen around dawn Tuesday about 13 miles northwest of Grand Cayman.

Police have interviewed staff and witnesses aboard the Royal Caribbean Cruise ship and are still investigating the disappearance.

Police issued the following statement: “The Port Authority broadcasted an appeal to all marine traffic to be on the lookout for the missing passenger.”

The man’s wife reported him missing on Tuesday morning, right as the Independence of the Seas ship prepared to dock at George Town Harbor.

A spokeswoman for Miami-based Royal Caribbean Cruises said the investigation was turned over to local authorities before the cruise ship departed and continued on its path. The man’s wife got off the ship in the Grand Cayman.

According to police, the wife claims they went to sleep around 1 a.m. Tuesday and that her husband was gone when she woke up about six hours later.

Authorities have searched the 15-deck, 1,112-foot-long craft and reviewed closed-circuit camera footage before the ship set out. The ship is on a six-night cruise that left from Fort Lauderdale on Sunday and has port calls in Jamaica and Haiti. It is equipped to lodge 4,375 guests and more than 1,300 crewmembers.

This man is the second Canadian passenger that has gone missing from a Royal Caribbean ship recently.

On Saturday, a 26-year-old jumped from the Adventures of the Seas near a Puerto Rican island on the last night of a week-long Caribbean cruise with his family. The U.S.
Coast Guard finished its search for the man on Monday.

Cruise ships can be a wonderful way to travel in ease and hit many destinations in a short period of time. Due to its beautiful year-round climate and open waterways, south Florida is the perfect starting point for many cruise lines. In fact, more than 5,300 ships call at Port Everglades in a year making this port located within the three cities of Fort Lauderdale, Hollywood and Dania Beach one of the world’s best and busiest cruise ports. However, with the increasing popularity of travelling via cruise lines, we are starting to see an abundance of cruise ship accidents, ship malfunctions, crimes and a larger number of reported accidents, injuries and wrongful deaths suffered by cruise ship passengers.

December 26, 2013

Broward County Injury Lawyer :: Two Boys Riding Dirt Bikes Struck by Car in Miramar

by Whittel & Melton, LLC

Two boys riding dirt bikes are recovering in the hospital after being hit by a car on Christmas Eve.

The boys, 13 and 16, were riding their bikes around Southwest 66th Terrace and Southwest 28th Street when a Nissan Altima hit them around 4 p.m. Wednesday, according to a Miramar Police spokeswoman.

The two boys were transported to Memorial Regional Hospital with injuries that were not considered life-threatening.

The driver of the Altima reportedly stayed at the scene after the accident. Police are still investigating the incident.

Dirt bikes and ATV’s, otherwise known as all-terrain vehicles, can be fun for individuals of all ages, but they are also notorious for being very dangerous. Dirt bike and ATV accidents can result in serious injuries, paralysis and even death. If you or someone you care for has suffered an injury from dirt bike or ATV accident, it is important to consult with a Broward County Injury Lawyer at Whittel & Melton immediately. We represent individuals who have been injured on a dirt bike, motorcycle or ATV throughout Broward County, including the cities of Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hillsboro Beach, Hollywood, Lauderdale Lakes, Lauderdale-By-The-Sea, Lauderhill, Lazy Lake, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Port Everglades, Sea Ranch Lakes, Southwest Ranches, Sunrise, Tamarac, West Park, Weston and Wilton Manors.

December 19, 2013

Florida Premises Liability Lawyer :: Beware! Holiday Décor Can Cause Slip, Trip and Fall Accidents

by Whittel & Melton, LLC

Who doesn’t love holiday decorations and lights? They are part of the holiday tradition, brighten any space and put on a smile on everyone’s face. However, as cheerful as holiday adornments can be, they can bring up a number of safety issues. Here are just a few of the ways holiday trimmings can cause slip, trip and fall injuries at your home and local businesses:

Christmas Trees – Large beautifications, like Christmas trees, should always be placed off to the side or in areas with less foot traffic to keep people from running into them or tripping over them.

Electric Cords – Electric decorations and lights have cords. Unfortunately, these can be hard to spot and lead to tripping hazards. Strings of lights and cords should be kept away from walkways to avoid injuries. The best place to store them is along the baseboard, where they are least likely to cause trip and fall accidents. Remember, do not ever staple or nail a cord to a wall as this is a fire hazard!

Live Plants – Live trees and plants require water. When water runs onto the floor, it can create safety hazard to all guests and visitors. All live plants should have drip pans placed underneath them to prevent liquid spills. Should any water spill onto the floor, it must be cleaned up immediately. Mats can always be used to prevent slip and fall tragedies in areas that could get wet.

Christmas Lights – Lights are beautiful way to add some sparkle to your house for the holidays, but it is important to not use these decorative lights as a substitute for proper lighting. When an entryway or stairwell is not adequately lit, a person can easily slip, trip or fall.

Holiday Decorations – Christmas decorations and wall adornments can easily fall down. Any fallen décor should be immediately picked up before it can become a safety hazard.

December 9, 2013

Florida Wrongful Death Lawyer :: Mother of Bullied Teen Filing Wrongful Death Lawsuit

by Whittel & Melton, LLC

Rebecca Ann Sedwick’s story made national news this year after she climbed to the top of a deserted concrete factory and jumped to her death. A local police investigation into her suicide revealed a journal that documented months of bullying from classmates, generating a nationwide debate on how to prevent teen bullying. Additional evidence of cyber bullying through social media platforms was also found that exposed messages that told Rebecca she should kill herself.

While the state of Florida has bullying laws, punishments are left up to school officials, and not the police. The two girls responsible for the bullying were accused of aggravated stalking. However, those charges were dropped and the girls were enrolled in counseling.
Rebecca’s mother, Tricia Norman, feels not enough has been done and announced recently that she will be filing a wrongful death lawsuit against the girls. Norman wants the lawsuit to bring a change to how the nation and the school system handles online bullying.

By filing a wrongful death suit, immediate family members can recover financial compensation when a person is killed because of someone else’s negligence or wrongdoing. This is supposed to help grieving family members cover all current and future expenses related to their loss. In order to bring a successful wrongful death suit,
Norman will have to prove that her daughter’s death was caused by the two teens’ negligence, or their intent to inflict harm on Rebecca. Should Norman prevail in her wrongful death lawsuit, she hopes it is a victory that will help progress Florida’s cyber bullying laws.

In fact, Norman has promised a “crusade” against bullying. This includes her pursuit of a new state law to criminalize cyber bullying, dubbed “Rebecca’s Law.” Florida passed a new cyber bullying law earlier this year that took effect just weeks after Rebecca’s suicide, but the new law does not include any criminal penalties for violators.

Norman’s proposal wants children who are repeat offenders of bullying to be sent to juvenile detention facilities. She also plans to propose federal legislation that would require public schools to adopt and follow anti-bullying procedures.

November 21, 2013

Florida Personal Injury Lawyer :: Cooking Your Thanksgiving Dinner Safely this Year

by Whittel & Melton, LLC

It is that time of year again and the Thanksgiving holiday is almost here! The focus on this holiday tends to be food and family, so it is important to bring up some cooking safety tips so that you can make sure your Thanksgiving meal goes off without a hitch.

The Thanksgiving holiday sees more residential fire deaths, injuries and property damage than any other day of the year. According to the Consumer Product Safety Commission, an average of 1,300 cooking fires were reported on Thanksgiving Day from 2009 to 2011, which is more than triple the average daily rate of about 400 cooking fires.

Fortunately, with good planning and solid lines of communication between all the chefs in the family, these fires can ultimately be prevented. The following tips can help to keep your holiday safe:

• Stand by your pan! You should never leave food that is cooking unattended. In case you need to walk away from your dish, turn the stove off or ask someone else to watch the food.

• Check your smoke alarms. What good is a smoke alarm if it does not work? Make sure you have properly working smoke alarms in your kitchen.

• Keep away from candles. It is best to avoid using these, especially if young children are around.

• Keep flammable objects away from the stovetop. This includes, oven mitts, wooden utensils, towels and other kitchen aides.

• Use a timer. This will remind you when dishes are done and when you can stop cooking.

• Keep electrical cords away from children. If you have electric appliances make sure cords are not left dangling in front of or near a child that can easily grab it.

• Keep children out of the kitchen until food has had time to cool. When food, such as vegetables and gravies, is too hot, serious skin burns can be caused to those that touch it.

Should a cooking fire arise in your household, follow these steps:

• In the event of a cooking fire, call 911, get everyone outdoors to safety and wait for the fire department to arrive.

• Keep a fire extinguisher in your kitchen just in case a fire ignites. Make sure the fire extinguisher is in working condition and is properly charged.

• If an oven fire breaks out in your kitchen, turn off the heat and keep the door closed.

• For small grease fires, it is best to smother the flames by sliding the lid over the pan and turning off the stove top. Keep the lid on the pan until it has cooled. Never use water to extinguish a grease fire as this could leave you with some serious burn injuries.

November 4, 2013

Florida Personal Injury Lawyer :: Jury Duty Scam Alert – Be Warned!

by Whittel & Melton, LLC

Jury duty scams are more recent trends that first came on the scene in 2005 and have been going around the United States ever since. The goal of these schemes is to catch unsuspecting individuals off guard and scare them into giving them money or providing their personal information, which often leads to identity theft.

Such is the case in a Denver, Colorado jury duty scam case. The Denver Post reports that a jury-duty scammer has been conning unsuspecting residents of unincorporated Jefferson County by threatening that they will be arrested for missing jury duty if they do not pay him.

The man apparently calls himself Major Tom Wilson with the Jefferson County Sheriff’s Office and tells residents to go to Walmart or Walgreens and buy $1,000 “Green Dot MoneyPak” cards for payment of fines related to missing jury duty.

The “major,” which is a rank that does not exist in the sheriff’s office, tells the victim to read him the numbers off the cards so he can access the cash, which works like a debit card.

Police claim that the suspect recently threatened a deputy who was with a potential victim while talking to the man on the phone. The suspect allegedly told the deputy if he did not permit the victim to go to the store that the “major” would have him disciplined.

Authorities are currently investigating the case and working to track down any new leads, but they are stressing that everyone be aware of the situation.

Jury duty scams likes these can occur anywhere, even in Florida. In fact, just last month a Palm Beach County man lost $2,000 in a jury duty scam.

The man apparently received a phone call from a man claiming he was a police officer and that he had missed jury duty and there was a warrant out for his arrest. The so-called officer told the man that there were fines for missing jury duty and if he did not pay them, he would be arrested.

Similar to the Colorado scam, this south Florida man was instructed to go to two different Walmarts in West Palm Beach and get $2,000 worth of Green Dot Money Pak cards, and give the numbers on the back of the cards to the “officer.”

Palm Beach Police are also warning people to keep an eye out for this scam.