Personal Injury Claim

June 29, 2015

Uber Facing $2 Million Lawsuit Following Assault of Teen Girl

by Whittel & Melton, LLC

The mother of a 13-year-old girl is suing Uber and one of its drivers after the driver was convicted of sexually assaulting the young girl earlier this year.

The man convicted of sexual assault is a driver for Uber. The man drove a young teen girl from her home to her middle school 10 to 20 times between October and November of last year. The lawsuit alleges the man made several inappropriate sexual comments, offered to buy the girl panties and asked her to not get another boyfriend.

The police were notified after the girl told her mother the man rubbed her inner thigh. The man was arrested three months later. Prosecutors charged the man with misdemeanor assault, and he pled guilty in April.

The man received a six-month suspended jail sentence. In addition to the suspended sentence, his driver’s license was suspended for a month and he was banned him from having any contact with the victim.

The Civil Lawsuit Alleges Negligent Hiring

Even though the criminal case is over for the driver, he will be appearing back in civil court soon. Just this month, the girl’ s mother filed a lawsuit suing the driver and Uber for her daughter’s sexual assault.

The lawsuit alleges that Uber did not properly screen or train the driver. The mother claims that the driver had several traffic offenses, including reckless driving, that Uber overlooked.

According to the lawsuit, the victim’s family is claiming negligent hiring against Uber.

Negligent hiring or retention holds a company responsible for its employee’s criminal acts. In order to win this type of lawsuit, the plaintiffs would need to prove that the employer acted carelessly when hiring the employee, and because of this recklessness, its clients were subjected to harm.

In this specific case, the mother of the girl assaulted claims that Uber hired the driver without performing a proper background check on him. The man was also convicted of reckless driving and still hired to drive people around. Uber will likely try to argue this fact and suggest that nothing in the driver’s background check indicated that he would sexually assault others.

The victim and family are asking for $2.4 million in damages.

June 19, 2015

GM Adds More than 243,000 Cars to Takata Airbag Recall

by Whittel & Melton, LLC

General Motors is adding more than 243,000 compact hatchbacks in the U.S. and Canada to the growing number of already recalled vehicles for airbags that can explode with too much force.

The company said Friday that the expanded recall for passenger air bags covers the Pontiac Vibe from 2003 through 2007. The cars were designed by Toyota and made at jointly owned factory in California.

The Vibe recall comes after Takata Corp. of Japan agreed to double the size of its air bag inflator recall to 33.8 million in May, thus marking it the largest automotive recall in U.S. history.

The propellant in some Takata inflators can burn too quickly, blowing apart a metal canister and sending shrapnel into the passenger compartment. The problem has been blamed for at least seven deaths and more than 100 injuries.

Just last month, Takata declared many of its products defective due to pressure from the National Highway Traffic Safety Administration. The company agreed to double the number of air bag inflators being recalled.

The giant recall covers driver and passenger airbags in cars and trucks made by 11 automakers. Takata, the automakers and the NHTSA are still trying to pinpoint what exactly causes the inflators to malfunction.

Owners can find out if their car is part of the giant recall by going to https://vinrcl.safercar.gov/vin/ and typing in their vehicle identification number. The number is located on many state registration cards and is stamped on the dashboard near the bottom of the driver’s side windshield.

May 26, 2015

Largest Recall in US History: Takata Declares 33.8M of its Inflator Mechanisms Defective

by Whittel & Melton, LLC

Japanese airbag manufacturer Takata recently announced that the initial recall of its exploding airbags has been expanded to nearly 34 million vehicles. Thus marking Takata’s current situation as one of the largest consumer products recalls of all time. According to ABC News, nearly one in seven cars on the road are being impacted by this recall. The airbags in question could unexpectedly deploy and explode, shooting shrapnel at the faces, neck and chest region of drivers and passengers in impacted cars. At this time, six deaths are being attributed to the exploding airbags with many more injuries being reported.

Automakers Are Being Held Accountable

Last year, there were record-breaking recalls on vehicles across the country. While we are only partially through 2015, it looks like 2015 could give 2014 a run for its money. In the past, federal safety regulatory agencies have been way too easy on automobile manufacturers. However, as it stands now, the government is taking great strides to hold automakers accountable for dangerous faulty and defective parts.

April 29, 2015

Illness, Injuries Reported at Orlando Theme Parks

by Whittel & Melton, LLC

During the first three months of 2015, three people felt seriously ill after riding Harry Potter & the Forbidden Journey at Universal Orlando.

According to a quarterly theme-park injury report submitted to the state of Florida, Walt Disney World reported six injuries and Universal reported seven.

There were no reported injuries at SeaWorld, Wet `n Wild and Legoland.

According to reports, the injuries on the Harry Potter ride include a 69-year-old man who felt chest discomfort, a 51-year-old man with a pre-existing condition had difficulty moving his extremities and a 76-year-old woman experienced “altered mental status.”

The parks report injuries that take place on a ride and result in an immediate hospital stay of more than 24 hours.

At Disney’s Magic Kingdom, a 64-year-old man hurt his ankle while stepping out of a car at the Indy Speedway. At the Animal Kingdom, two people reportedly felt ill after riding Expedition Everest.

Theme park accidents actually occur more often than the public might think. The major Florida theme parks include Universal Orlando, Magic Kingdom, Disney’s Typhoon Lagoon, Wet ‘n Wild Orlando, Disney’s Animal Kingdom, Epcot, Disney’s Hollywood Studios, Islands of Adventure, SeaWorld Orlando, Disney’s Blizzard Beach, LEGOLAND Florida, DisneyQuest, Busch Gardens Tampa Bay, Universal Studios Florida, Discovery Cove and many more.

Most people tend to think that roller coasters are the most dangerous areas of a theme park. While in some cases these rides do present serious risks, injuries at an amusement park can also frequently result from:

Slip and Fall Accidents
Negligent Security
Drowning or Near-Drowning
Waterborne Illness
Disney Monorail Accidents
Shuttle Bus Accidents
Food Contamination
Malfunctioning Machinery
Animal Bites & Attacks

April 24, 2015

Nissan Introduces “Driver Attention Alert” to Detect Drowsy Driving

by Whittel & Melton, LLC

A number of automakers acknowledge that drowsy driving is a big problem amongst American drivers. Recently, many have now begun investing in technologies that are designed to detect when a motorist is too tired to be operating behind the wheel.

Nissan has announced an exciting new technology that the company claims will help reduce the risk of drowsy driving accidents by detecting fatigue or drowsiness in a motorist.

According to statistics by the AAA, nearly 40 percent of drivers have said they have fallen asleep at the wheel at some point while driving, while 11 percent reported dozing off while driving in the past year alone. In the United States, drowsy drivers are responsible for more than 300,000 accidents, and account for over 6,400 fatalities every year.

Nissan has recently shared a new drowsy driving detection system that will be featured on its new models. This system is designed to analyze driving behavior, and look for signs of driver fatigue. The system can detect when the driver is too tired to operate safely and flashes a coffee mug symbol in the center of the instrument panel along with an audible warning.

The system detects drowsiness by monitoring steering input patterns of the driver using sensors, which it then compares to patterns of subsequent driving. When it finds behaviors that are typical of a drowsy motorist, it then immediately delivers a visible and audible alert.

April 21, 2015

200 Royal Caribbean And Celebrity Cruise Passengers Sick with Norovirus

by Whittel & Melton, LLC

More than 200 passengers on two cruise ships, Royal Caribbean’s Legend of the Seas and Celebrity’s Infinity, have fallen ill with norovirus. The CDC is now investigating the outbreak and monitoring clean up procedures on the two ships.

What is Norovirus?

Norovirus is a highly contagious virus that spreads through contaminated food, water and dirty surfaces. Similar to the stomach flu, norovirus can cause up to three days of stomach cramps, diarrhea and vomiting. This usually does not require treatment, but some people may become dehydrated and need liquids or intravenous fluids.

Cruise Ship Liability

Cruise ship passengers do have a bill of rights, but the terms of the ticket contract are what determine passengers’ right to sue.

Under the contract, usually located on the back of the cruise ticket, passengers generally waive their right to sue unless the cruise company was negligent in some way. In order to show the cruise line was negligent, it must be demonstrated that the cruise line had a duty to reasonably care for its passengers, but breached that duty, which in turn, caused you harm.

A reasonable standard of care often translates to mean that the cruise company took adequate measures to clean rooms and restrooms, handled and stored food and water properly and made a reasonable effort to quarantine sick passengers to stop the spread of disease. Lastly, it must be shown that the cruise company’s breach of duty is what caused your injury. In the case of norovirus, the cruise company may allege that you already had the virus when you came aboard the ship. It could even claim that you picked it up on shore during one of the stops. However, in this case, it will be quite difficult for Celebrity and Royal Caribbean to argue that the 200 passengers were already sick before coming onto their ships.

April 17, 2015

Cycle Safely: Bike Fatalities On the Rise

by Whittel & Melton, LLC

Bicycling has been a growing trend in the United States over the past few years, mostly in urban metropolitan areas. Many urban cities in the state of Florida and throughout the rest of the country have been bicycle-friendly for years and have been proactive in designing bike lanes and bike paths to give cyclists safer ways to travel alongside motor vehicles. In order for bicycling to remain as a safe alternative to driving a motor vehicle, cities will need to continue to stay focused on ways to reduce the number of cycling accidents and fatalities.

Since the late 70’s, there has been a decline in bicycle fatalities. However, a recent report conducted by the Governors Highway Safety Association shows that bicycle fatalities have been on the rise these last few years. Between 2010 and 2012, there was a 16 percent increase in the number of cyclists who were killed in accidents with motor vehicles.

Total Number of Bicycling Fatalities from 2010-2012

2010 – 621 fatalities
2011 – 680 fatalities
2012 – 722 fatalities

The GHSA report revealed that the states with the most bicycling fatalities were Texas, California, New York, Florida, Michigan and Illinois. Why these states? Florida and the other five states are all densely populated with multiple urban areas, which can lead to an increase in the number of bicyclists on the road, providing more opportunity for collisions with motor vehicles. The statistics do not lie – nearly 70 percent of all bicycling fatalities occur in urban areas and more than 33 percent take place at intersections.

Accidents involving motor vehicles can be very dangerous to cyclists, mostly because bikers are relatively unprotected. There are actually a number of things that bicyclists can do to protect themselves from injury and to prevent a tragedy.

Wear a Helmet
Follow all Traffic Laws
Never Bike Under the Influence of Drugs and/or Alcohol
Exercise Extra Caution When Approaching and Crossing an Intersection
Use Designated Bike Paths, Lanes and Trails when Possible

April 8, 2015

U Drive. U Text. U Pay Campaign by NHTSA Underway

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration has publicized their annual Distracted Driving Awareness safety campaign. The month of April is National Distracted Driving Awareness Month so the NHTSA’s U Drive. U Text. U Pay. campaign will focus on the financial consequences and expenses of texting from the driver’s seat. The U Drive. U Text. U Pay. campaign has been funded by grants totaling up to $8.4 million from the U.S. Department of Transportation. This year’s slogan is “If you’re texting, you’re not driving.”

What’s the average time texting takes your eyes off the wheel? Five seconds. While that might not seem like a lot, if you are travelling at 55 miles per hour, that’s equivalent to driving the length of a football field blindfolded. You can’t drive and text. You’re either driving or you’re texting. Even just reading a text message is enough to cause an accident resulting in an injury or fatality.

Distracted Driving Key Facts

3,154 people were killed in distracted driving crashes in 2013
An estimated 424,000 people were injured in accidents involving distracted drivers in 2013
3,328 people were killed in distracted driving crashes in 2012
27 percent of the distracted drivers in fatal crashes are drivers in their 20s

Texting while driving has become an epidemic in Florida and across the nation. Drivers of all ages have been known to engage in distracting driving behaviors behind the wheel. The good news is that most states now have distracted driving laws. Law enforcement agencies will be enhancing enforcement efforts throughout the country this month in order to combat this nationwide epidemic.

What to Do After a Distracted Driving Crash

April 7, 2015

Two Killed in Murder-Suicide in Cruise Ship in Puerto Rico

by Whittel & Melton, LLC

A couple was found dead Thursday in an apparent murder-suicide aboard a Holland America cruise ship that docked in Puerto Rico, according to officials.

The unidentified man and woman were in their 50s and from Cleveland, Ohio.

Police claim that blood was found in the cabin aboard the Ryndam, but it was unclear how the couple died.

Police have not released anything regarding the motive or the murder weapon.

The ship’s crew apparently found the bodies when they checked on the couple after not seeing them for a while.

The FBI has taken over the investigation.

The ship departed Tampa, Florida, on Sunday for a two-week cruise in the southern Caribbean. The ship stopped in Key West on Monday and then spent two days at sea before docking in historic Old San Juan on Thursday, according to reports.

If someone you love is killed on a cruise ship, then the Death on the High Seas Act applies. This is actually a separate set of laws from either maritime or state laws. These types of cases are particularly complex, and should only be taken on by an experienced Maritime Lawyer at Whittel & Melton.

April 6, 2015

Filing A Defective Airbag Lawsuit: What You Need to Know

by Whittel & Melton, LLC

Within the past year, airbags have been in the news for many wrong reasons. Many automakers have been forced to issue recalls for defective airbags, the most prominent airbag recall being Takata airbags. Nearly 8 million vehicles containing defective Takata airbags have been recalled to date that potentially propel metal shrapnel upon deployment.

Defective Airbags

Most airbags are located inside the steering wheel or in the dashboard panel and are connected to a crash sensor. This sensor sends a signal to deploy the airbag when the vehicle is involved in a severe wreck. The purpose of the airbag is to protect the driver and passengers from suffering substantial injuries, but in the case of defective airbags, they have been known to actually cause injuries, many of which can prove fatal.

Why Airbags Malfunction

Airbags deploy in a fraction of a second at speeds of more than 100 miles per hour. When an airbag malfunctions, the usual reason is because of a malfunctioning crash sensor that either does not deploy the airbag, deploys the airbag at the wrong time or deploys one airbag but not another.

Recovering Compensation in a Personal Injury Claim

If you have been injured in a collision where the airbag malfunctioned, you potentially have the option of filing a product liability lawsuit against the manufacturer of the airbag. Depending on the facts of the case, there may be additional parties who could be found liable as well, such as the manufacturer of the vehicle or any other party that was responsible for maintenance, inspection or replacement of the airbag.

There are a few things that are key to file an injury claim, the first being preserving all evidence – the airbag itself. While it may be difficult to recover the airbag immediately after the accident, remember to take pictures, because these images can help prove your case.