Florida

March 6, 2013

Florida Personal Injury Lawyer :: NHTSA Recalled More Than 17.8 Million Products in 2012

by Whittel & Melton, LLC

According to the National Highway Traffic Safety Administration, manufacturers filed for more than 650 safety recalls in 2012 affecting more than 17.8 million vehicles, child seats and vehicle equipment. Additionally, the NHTSA prompted the recall of more than 9 million vehicles and 60,000 items of vehicle equipment, such as child safety restraints and tires.

Nearly 42,000 complaints from consumers addressing possible safety defects influenced the NHTSA to check out these potential issues for consumers.

Over the past three years NHTSA’s investigations and testing have resulted in more than 430 recalls, including 22 million vehicles and products. Since 1966, the NHTSA’s work has directly resulted in 17,000 recalls of more than 500 million vehicles and another 84 million equipment products.

Certain types of vehicle defects can lead to tragic car accidents that often involve not only the occupants of the affected car, but other drivers, passengers and even pedestrians. Auto defects can include tire defects, engine failure, structural problems, roof crush and many more. Multiple parties can be held liable when catastrophic collisions occur, including a negligent driver, the auto manufacturer or the maker of a defective auto part. While it is very important for a vehicle to do its job and protect occupants in the event of a crash, it is equally important for safety restraint systems to be fully functioning. This is also true for car seats, as they are supposed to minimize the risk of serious injuries to babies and toddlers should an unfortunate wreck occur.

February 27, 2013

Florida Injury Lawyer :: NASCAR Fans Injured in Daytona Crash Explore Lawsuit

by Whittel & Melton, LLC

Several NASCAR fans injured last weekend during a race just a day before the Daytona 500 are now contemplating a possible lawsuit.

Last Saturday, more than 30 people were injured following a horrendous crash in a second-tier NASCAR series race that sent chunks of debris, including a heavy tire, flying into the stands. All injured parties have since been released from the hospital.

Interestingly, a competitor in the race was quoted on CNN declaring that the racers “assume the risk” when competing, but the fans do not. This may be slightly in conflict with NASCAR’s position as they most likely may try and cowardly hide behind the back of their ticket stubs. The language printed on the Daytona disclaimer could be viewed as a legal contract, similar to a cruise ship voucher, which could be an issue in court.

The disclaimer on the Daytona ticket reads: “The holder of this ticket expressly assumes all risk incident to the event, whether occurring prior to, during or subsequent to the actual event, and agrees that all participants, sanctioning bodies, and all employees, agents, officers, and directors of Daytona International Speedway, its affiliates and subsidiaries, are hereby released from any and all claims arising from the event, including claims of negligence.”

A NASCAR spokesman said at this point they have not heard of any lawsuits being filed.

Daytona International Speedway is owned by International Speedway Corp., a NASCAR sister company.

It will certainly be interesting to see if any lawsuits do arise from this incident and how they are handled.

February 20, 2013

Florida Cruise Ship Injury Lawyer :: Carnival Cancels More Cruises Due to Triumph Disaster

by Whittel & Melton, LLC

Earlier this month an engine room fire erupted on the Carnival Triumph Cruise Ship, leaving the 3,143 passengers and 1,086 crew members on board floating 150 miles off the coast of Mexico for several days.

While no one was injured during the engine room fire, the conditions on the 14-story cruise ship were anything but sanitary. There was no hot water, no air-conditioning, spoiled food and passengers were forced to use plastic “biohazard” bags instead of toilets.

The ship set sail from Galveston, Texas on Thursday Feb. 7th and was scheduled to return from Mexico on Feb. 11th. After the power outage sent the vessel drifting 90 miles off course, three tug boats pulled the ship to a port in Mobile, Alabama.

Carnival announced that passengers will receive a full refund, a credit for a future cruise equal to the amount paid would be provided, as well as $500 in compensation.

Now, Carnival Cruise Lines has cancelled many future cruises scheduled for the Triumph and has recognized that the ship had mechanical problems before it left from Galveston on Feb. 7th. In fact, this is not the first time the ship has experienced malfunctions. Recently, the ship’s alternator had technical problems while at sea on another voyage. The National Transportation Safety Board has opened an investigation into the cruise line.

Carnival Corp. shares are already taking a blow. It is estimated that the cancellations and Triumph’s repair costs will result in a $0.08 to $0.10 earnings per share drop in just the first half of the year.

Whatever the problem with this cruise ship, be it a manufacturing defect, a maintenance problem or design problem, Carnival provided the cruise ship and therefore has a duty to supply passengers with a safe vessel. By failing to do so, the cruise line could certainly be held responsible for any damages suffered by passengers.

If you do wish to file a claim against the cruise line, it is important to understand that the rules listed on the back of your Carnival Ticket may require you to file a lawsuit within a limited time frame. In the past, some tickets have indicated that passengers must complete a claim within a short 185 day period. If you are curious about making a claim, check the back of your ticket for any limitations imposed. When it comes to cruise ship injury lawsuits, it is best to take action as soon as possible.

February 13, 2013

Florida Injury Lawyer :: John Travolta’s Cruise Ship Case Dismissed

by Whittel & Melton, LLC

The high-profile lawsuit filed by a cruise ship attendant on the Royal Caribbean cruise ship that carried John Travolta as a passenger in June 2009 has been dropped as of Feb. 4.

In the lawsuit, a cruise ship worker accused Travolta of disrobing and exposing himself to him during a massage and then embracing him forcefully.

Travolta insisted that the man’s allegations were entirely fabricated.

Neither party has released what prompted the dismissal.

The abrupt and secretive ending to this case is quite interesting. Travolta’s attorneys attempted to throw the case into arbitration On Feb. 1. Travolta’s attorneys claimed that the stipulations printed on the back of Travolta’s Royal Caribbean ticket states that any legal disputes should be settled through arbitration. This simply means that Travolta would have avoided the publicity that goes along with a public trial. This is usually how cruise lines respond to lawsuits prompted by injured crew members. However, a federal judge denied Travolta’s request to arbitrate the case. If the case had not been dismissed, the case would have headed to a jury trial. Now that the lawsuit has been dropped, it is unknown whether the crew member was paid an out-of-court settlement in order to avoid a highly public trial.

February 6, 2013

Florida Injury Attorney :: Nestle facing $5 Million Lawsuit over Trans Fats in Frozen Pizzas

by Whittel & Melton, LLC

A California woman recently filed a $5-million class action lawsuit against Nestle claiming that the company’s frozen pizzas are a threat to the public’s health because they contain trans fats.

According to reports, the suit is aimed at Nestlé’s DiGiorno, Stouffer’s and California Pizza Kitchen frozen pizzas. The lawsuit, which was filed on Jan. 21, alleges that the company is completely disregarding the health of the general public by not removing trans fats from these frozen pizzas.

The lawsuit claims that the pizzas contain a defective product known as partially hydrogenated vegetable oil. PHVO contains carcinogenic trans fats, which have been banned from restaurants in certain cities and states, but not in foods sold at grocery stores. Ingesting trans fats has been linked to the development of certain health conditions like Alzheimer’s disease, heart disease and diabetes.

One of the main reasons food producers include PHVO in foods is because it keeps costs low. It is actually a less expensive fat compared to its alternatives.

Nestle feels that they have done nothing wrong since the Food and Drug Administration as well as the U.S. Department of Agriculture allows trans fats to be included as ingredients in foods. They only require that companies label these along with other ingredients. Nestle feels they have complied with that, and has PHVO listed in the ingredients on their frozen pizzas.

While the lawsuit has not been put on the court’s docket of cases yet, it could theoretically force food manufacturers to stop using this particular ingredient.

If the woman is arguing that Nestle attempted to mislead consumers by mislabeling their products, her case could have merit. Of course that is for the court to decide. Companies are required to properly label products so consumers know exactly what they contain. Lawsuits have been successfully won in the past based on this notion. In 2005, McDonalds settled two lawsuits that claimed they misled consumers about the actual level of trans fats in their foods. This lawsuit against Nestle could quite possibly trigger a pattern mandating companies in the U.S. to ban the use of trans fats in foods.

January 28, 2013

Florida Cruise Ship Injury Lawyer :: Child Seriously Injured in fall aboard Royal Caribbean Cruise

by Whittel & Melton, LLC

Orlando, FL – A cruise ship headed to the Bahamas last month was forced to return to port in central Florida after a 14-month-old was injured in a fall aboard the ship.

Royal Caribbean officials claim the child fell aboard the Monarch of the Seas. The child did receive medical treatment on board the ship, but needed to be hospitalized.

The ship turned around and returned to Port Canaveral, where the child was taken to a hospital.

In most cases, a cruise is a fun experience for children and their families. However, sometimes a child is injured on a cruise ship, which can create a complex situation. Cruise ship injuries are handled quite differently than injuries sustained on land. In fact, cruise ships have their own set of laws, meaning there are special clauses regarding personal injury matters. The specifics are usually outlined on the back of your ticket. Sadly, the laws concerning cruise ship accidents are not exactly passenger-friendly.

Passengers injured while aboard a cruise ship need to be aware that there is a statute of limitations placed on accident claims. In some instances, passengers have less than a year to bring a personal injury lawsuit against a cruise line, and sometimes, the statute of limitations is shortened to only six months from the date of injury. A Florida Cruise Ship Injury Attorney at Whittel & Melton can make sure you understand your rights and fight for your justice.

January 10, 2013

Florida Cruise Ship Passenger Injury Lawyer :: Hundreds of Passengers Fall Ill on Caribbean Cruise

by Whittel & Melton, LLC

San Juan, Puerto Rico – A wave of illness, suspected of being a norovirus, swept across the cruise line that operates the Queen Mary 2 last month, causing 201 passengers to fall ill.

According to a spokeswoman for Cunard Line, the owner of the ship, the gastrointestinal illness outbreak subsided as the ship headed back into port, leaving just two passengers affected at the voyage’s end.

Those sickened were asked to “isolate themselves in their cabin until non-contagious.” The cruise line told ill passengers that any shore excursion costs would be refunded.

The Queen Mary 2, with 2,613 passengers and 1,255 crew members, was docked in Saint Lucia in the Caribbean when the outbreak was reported to the Centers for Disease Control and Prevention. Vessels are required to notify the agency when at least 2 percent of those on board develop a gastrointestinal illness.

The crew of the Queen Mary 2 claims they took steps to stop the spread of the virus, such as deploying teams to do additional cleaning of public areas with disinfectant.

According to the CDC, norovirus can be acquired from an infected person, contaminated water or food or even by touching contaminated surfaces containing the contagious microorganism. Norovirus causes acute gastroentitis, producing severe stomach pain, nausea, vomiting and diarrhea. This particular disease causes around 21 million illnesses a year, and an estimated 70,000 cases require patients to be hospitalized. The illness kills around 800 people a year, according to the CDC.

The Queen Mary 2 received a score of 100% on their most recent inspection by The Vessel Sanitation Program, which is a part of the Centers for Disease Control and Prevention. However, just because a cruise ship passes as being clean, this does not mean you cannot get sick while on board. Illnesses on cruise lines is not a new concern, rather it is a problem that comes up quite frequently despite active measures to prevent the problem. The following are some of the most common causes of illnesses on cruise lines:

• Potable water systems
• Food storage and preparation
• Pest control
• Jacuzzi and swimming pool maintenance
When people fall ill or are injured aboard a cruise ship, they are often confused and unsure about their rights. A Florida Cruise Ship Injury Attorney at Whittel & Melton understands the technicalities of cruise ship injury claims and can help you recover compensation for damages. If your vacation was cut short by an illness or unfortunate injury, we can help you recover the costs of medical bills, pain and suffering and other costs associated with the illness or accident.

December 12, 2012

Florida Hotel Sexual Assault Attorney :: Strauss-Kahn Apparently Reaches Settlement Agreement for Hotel Rape Case

by Whittel & Melton, LLC

Former chief of the International Monetary Fund Dominique Strauss-Kahn has reportedly reached an agreement to settle a civil suit filed by the hotel maid that accused him of rape.

According to the New York Times, full details of the settlement are unknown, but the French media reported that Strauss-Kahn would be paying the maid $6 million.

The Associated Press reported that a New York judge facilitated the deal.

In any personal injury case, there are varying degrees of injuries. In many rape cases, there may not be any serious physical injuries, but emotional and psychological trauma, which can be equally as devastating as a catastrophic physical injury, if not more. A Florida Injury Attorney at Whittel & Melton knows how difficult it can be to move forward after a violent attack and can help you obtain the necessary compensation needed to fully recover.

Sadly, sexual assault in the workplace is not a new topic. In the case involving Strauss-Kahn, a New York hotel maid alleged that he forced himself on her sexually while she was attempting to clean his room. Cases involving violent and sexual attacks are not uncommon, but it is important to understand that all employees have the right to feel safe in their work environment. When a dangerous situation arises and results in injuries, a person may be able to file a personal injury lawsuit against negligent property owners, managers and even other staff members.

December 10, 2012

Florida Cruise Ship Injury Attorney :: Cruise Industry Groups Reveal New Safety Policies

by Whittel & Melton, LLC

Two cruise industry groups, Cruise Lines International Association and European Cruise Council, announced a set of new safety measures recently that will focus on lifejacket storage, stability of heavy objects and operating procedures in the bridge area.

The new policies are the most recent to come out after an intense review of the Costa Concordia shipwreck in January.

One of the biggest changes requires new cruise ships for which a contract is placed on or after July 1, 2013 to stow lifejackets near muster stations or lifeboats so they are easily accessible in case of emergency. In the past, most cruise lines have kept lifejackets in passenger rooms.

In addition, cruise lines must also make sure there is a way to secure heavy items like pianos, treadmills or televisions at all times in case of severe weather so that passengers are guarded against injury.

Lastly, the industry has implemented a policy of enforcing consistent operating procedures on the bridge between ships on different brands owned by the same company. Cruise lines are currently working on fulfilling this policy.

Thousands of passengers are injured on cruise ships every year. However, it is important to recognize that cruise lines have an obligation to provide passengers with a safe environment. As a passenger aboard a cruise ship, you expect to enjoy a safe vacation. Sadly, many passengers are injured or killed due to cruise ship negligence. When a cruise line fails to maintain or properly inspect the ship or does not provide adequate security, serious injuries and even death can result.

December 8, 2012

South Florida Auto Accident Injury Attorney :: Two Killed, Three Critically Injured in Bus Crash at Miami Airport

by Whittel & Melton, LLC

Two passengers were killed and three critically injured last weekend when a too-tall charter bus crashed into the bottom of a concrete over pass at Miami International Airport.

The bus driver drove into the overpass despite multiple warning signs that told drivers the overpass could only accommodate vehicles under 8-feet-6-inches tall. The driver drove his 11-foot-high bus into the overpass, instantly killing an 86-year-old man and causing a 56-year-old man to die from injuries later at the hospital.

In total, three people were listed in critical condition. The 27 remaining passengers sustained various non-life threatening injuries.

Reports indicate that the bus was privately owned and had been chartered by the Sweetwater Kingdom Hall of Jehovah’s Witnesses church. The 32-person church group was headed to a convention in West Palm Beach.

The bus is owned by Miami Bus Service Corp. The company owns a total of three buses.

Federal Motor Carrier Safety Administration records show the company has had no previous violations for unsafe driving or controlled substances and alcohol. However, records did show the company received three citations related to driver fatigue in April 2011.

While bus accidents are not common occurrences, when these accidents do happen, they can bring immense tragedy. Hundreds of people every year are killed or seriously injured in bus accidents. Sadly, the injuries sustained in these types of accidents are often more devastating than injuries suffered in passenger vehicle accidents. This is partially due to the fact that most buses fail to provide passengers with seat belts.
Bus accidents can be caused by many factors, but primarily these accidents occur when bus companies fail to abide by safety protocols, improperly train drivers or fail to properly maintain their buses.

The injuries a passenger may suffer following a bus accident can range in severity, from minor to life-threatening and may include the following:

• Sprains
• Burns
• Abrasions
• Fractures
• Internal Injuries
• Traumatic Brain Injuries

• Spinal Cord Injuries

• Loss of Limbs or Disfigurement

• Wrongful Death