Personal Injury Attorney

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.

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.

October 24, 2013

West Palm Beach Florida Cruise Ship Injury Lawyer :: Woman Injured in Fall on Cruise Ship

by Whittel & Melton, LLC

A woman is recovering from injuries she suffered during a fall on a Carnival cruise ship, according to the Associated Press.

On Wednesday, the United States Coast Guard lifted the woman from the Carnival Sensation and flew her to St. Mary’s Medical Center in West Palm Beach.
According to the Coast Guard, the cruise line notified them that the 52-year-old woman fell in an elevator and injured both of her legs.

She was listed in stable condition.

No further details regarding the incident or the woman’s medical condition are currently available.

Slips, trips and falls are a leading cause of injuries on cruise ships, accounting for numerous injuries to passengers every year. Depending on the severity of these injuries you may incur lost time from work, costly medical bills and a headache from dealing with any insurance companies involved. Unfortunately, the physical and emotional pain that you endure from these injuries can continue long after your cruise vacation has ended.
Cruise ship injuries are usually caused by dangerous or hazardous conditions as a result of negligence or recklessness of crew members on the cruise ship, wet or slick surfaces on the vessel or barriers on the premise that should not be there. If you are injured from a slip, trip or fall caused by an unsafe condition on another person’s property, you may be entitled to financial compensation for your suffering.

October 15, 2013

Miami Florida Cruise Ship Injury Lawyer :: 6-Year-Old Boy Drowns Aboard a Carnival Cruise

by Whittel & Melton, LLC

A 6-year-old boy, who was on a four-day Caribbean cruise on the Carnival Victory, drowned in one of the ship’s pools Sunday, according to Carnival Cruise Lines.

The boy was apparently in the pool area with other members of his family when the accident occurred.

Carnival released the following statement: “Carnival extends its heartfelt sympathy to the family during this very difficult time. The company’s CareTeam is providing assistance and support.”

The ship arrived in Miami on Monday so officials could examine the scene.

According to the Miami-Dade police, the boy was in the pool with his 10-year-old brother when the accident occurred around 4:45 p.m. as the ship was out at sea.

The boy was submerged under water and was pulled out and given CPR, however he was pronounced dead.

Police said that no foul play is suspected as the incident appears to be accidental.

The family is from Winter Garden, according to police.

When a passenger is injured or killed while aboard a cruise ship, the law that will apply to the injury or wrongful death claim will likely be the General Maritime Law of the United States, especially if the cruise line is based in the United States. Most major cruise lines, including Carnival Cruise Lines, Princess Cruise Lines and Royal Caribbean are all based in the U.S. Under this law, the cruise line can be held liable for acts of negligence that led to the injury or death of a passenger despite whether or not the accident occurred in the U.S. Injuries and wrongful death claims can arise from all types of cruise line carelessness, including slip, trip and fall accidents, sexual assault, rape, fights, excursion injuries, swimming pool tragedies, wave pool mishaps and even water slide accidents.

It is very important to understand that there are time limits placed on when you can file a cruise ship injury or wrongful death claim. Cruise lines are allowed to shorten the time frame you have to make a claim, as well as the place where you can file suit. Most cruise lines require that written notice of a claim be given 6 months following the accident and that a lawsuit must be filed within one year of the date of injury. The passage ticket will also tell you where you can file suit. The back of your ticket will explain much of the information you need to know, so it is best to go over this language to see what limitations apply to you.

September 19, 2013

Florida Auto Accident Injury Attorney :: National Child Passenger Safety Week – Make Sure Your Child is Buckled Up Properly

by Whittel & Melton, LLC

This week is National Child Passenger Safety Week, which serves as a reminder to us all just how important it is to make sure our children are secured properly in their car or booster seats. Failing to do so could be the difference between life and death if your child is involved in an unfortunate auto accident.

According to the National Highway Traffic Safety Administration, car accidents are the leading cause of death in children between the ages of 1 and 13. In 2011, 655 children were killed in auto accidents across the United States. Of the children killed, one out of every three was not wearing a seat belt.

When a child does not wear a seat belt and becomes involved in a collision, they are at an increased risk of being ejected from the vehicle, which commonly leads to serious personal injuries or death. According to the Centers for Disease Control and Prevention, wearing a seat belt reduces an infant’s chance of being harmed in an accident by 72 percent and a toddler’s chance of suffering fatal injuries in a crash by 54 percent.

Recent studies have found that three out of every four car seats are improperly installed. Incorrectly installed car seats could lead to brain and spinal cord injuries in children should a collision occur. To avoid a tragedy, adults must ensure that babies under the age of 1 and fewer than 20 pounds are in a rear-facing safety seat. Once a child is over 1-years-old and weighs more than 20 pounds, they can be placed in a front-facing seat with an internal harness. Once a child is over 30 pounds, they can be placed in a booster seat, however it is strongly recommended to keep children in a front-facing seat until they are 40 pounds in weight.

In Florida, children between the ages of 6 and 12 must remain in the rear seat of the vehicle and use a seat belt at all times. Children 13-years-old and above can ride in the front or back seat. Just like adults, the law requires that they wear seat belts.

September is a great month for parents and child caregiver’s to have their child’s passenger safety seat inspected for no cost. Child Passenger Safety Week is Sept. 15 – 21. Sept. 21 is National Seat Check Saturday. You can visit the NHTSA’s website to find a child seat inspection station near you.

August 7, 2013

Florida Injury Lawyer :: Pedestrian Killed by Train in Osceola County

by Whittel & Melton, LLC

According to the Osceola County Sheriff’s Office, one person is dead after being struck by a train Tuesday.

The driver of an Amtrak travelling northbound saw the person lying on the tracks, blew the whistle and tried to stop but could not avoid the collision, according to an Osceola County Sheriff’s spokeswoman.

The victim is believed to have been a man — possibly a transit, according to police. He was struck around 7:15 p.m.

No foul play is suspected at this time, but an investigation is currently underway. It is unknown whether or not he lay on the tracks intentionally.

The crash happened at Tallahassee Boulevard in rural Intercession City, west of Kissimmee.

Nearly 100 passengers were delayed for almost three hours while police investigated the scene of the accident.

No one on the train was harmed.

Railroad accidents can be terrible tragedies that leave victims severely injured. Due to the sheer size of trains and their lack of ability to maneuver around unexpected circumstances, railroad accidents can be deadly. Losing a loved one in a train accident can be a horrific nightmare and as a surviving family member you may be unsure of what steps you should take next.

There are nearly 3,000 train accidents that take place across the United States every year that result in about 1,000 deaths. Due to the massive size of locomotives and their weight, even minor accidents can deliver catastrophic injuries. Filing a personal injury lawsuit or wrongful death suit can be quite complicated as these cases usually involve multiple parties and are subject to different laws and statutes of limitations than other types of injury lawsuits.