Personal Injury Claim

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.

June 18, 2013

Miami Injury Lawyer :: 33 Injured after Deck Collapses at Miami Sports Bar

by Whittel & Melton, LLC

A Miami deck collapse at Shuckers Bar and Grill, a popular restaurant in North Bay Village, left 33 people injured Thursday night.

Two of the 33 injured are reportedly in serious condition.

About 100 people were on an outdoor deck at Shuckers Bar and Grill watching the Miami Heat play in the NBA Finals. During the first quarter of the game, at around 9:20 p.m., the deck collapsed sending dozens of patrons into the shallow waters of Biscayne Bay.

Witnesses claim the deck gave way just as Heat fans started jumping and cheering to celebrate their team’s scoring a basket.

Reports indicate that 33 people were injured and transported to various hospitals in the area.

Every business in Florida, including restaurants, hotels and bars, has a legal obligation to make sure the property is kept safe for guests and customers. With that said, under Florida law, all floors, walls, ceilings and even decks must be constructed, maintained and inspected in compliance with any applicable building codes.

May 14, 2013

Florida Bus Accident Injury Attorney :: Teen Run Over by Bus in Broward County in Medically Induced Coma

by Whittel & Melton, LLC

A 14-year-old Pompano Beach teen that was run over by a Broward County public bus remains hospitalized in critical condition and is now in a medically induced coma.

The teen apparently suffered multiple fractures to the face, ribs and an ankle.

According to the Broward County Sheriff’s Office, the teenager was injured about 9 a.m. Friday as he ran for the bus near the 1200 block of East Sample Road.

A BSO spokeswoman said the teen ran ahead of his mother to hold the bus and jumped onto the side of the vehicle. Witnesses told investigators he held on for nearly a minute and then fell. He was run over by at least one of the bus wheels.

Passengers on board the bus told police that they screamed at the bus driver to stop as the boy’s arm became stuck in the door.

The incident is currently under investigation. However, the 55-year-old bus driver could face charges if investigators determine he acted criminally. The Margate bus driver has been placed on paid administrative leave pending the outcome of the investigation by BSO.

The bus driver has been employed behind the wheel for 12 years, during which he has been involved in two minor accidents, neither resulting in serious injury.

The first accident happened in September 2010, after the bus he was driving was struck by a car as he executed a right turn onto West Oakland Park Boulevard.

Then, in November 2012, the bus driver scraped the wheel well of another bus as he pulled into a bay at the central terminal on West Broward Boulevard.

Broward County’s Accident Review Board said both accidents were preventable.

While we don’t usually hear about bus accidents occurring in Florida every day, that doesn’t mean they don’t happen. Sadly, when these types of accidents do take place, victims are often seriously injured or even killed. The sheer size of these vehicles combined with speed can create serious bodily harm when an accident arises.

March 13, 2013

Florida Workplace Negligence Attorney :: Man Who Lost Penis in Industrial Accident Files Lawsuit Against Employer

by Whittel & Melton, LLC

Hillsborough County court records show that a Central Florida man whose penis and testicles were severed in an industrial accident several years ago has filed another negligence lawsuit, this time against his former employer.

The injured man first filed a suit in January 2011 against Future Foam Carpet Cushion and Baumer of America, the company that manufactured the “peeler” machine that caused the injury. However, the case was dismissed shortly after being filed.

Last month, the man filed another lawsuit suing Spartan Staffing, his former employer.

The man was injured Jan. 13, 2010 at Future Foam Carpet Cushion after he apparently removed a foam core from a machine that has a steel blade.

The man’s attorney claims he was not properly trained to operate the machine. Court records show that the steel blade sliced through the man’s pelvis, cutting off his penis and testicles.

Following the accident, Future Foam was cited for 10 serious violations by the Occupational Safety and Health Administration.

Under Florida law, most employers are required to carry workers’ compensation insurance coverage in case a worker becomes injured while on the job. Workers’ compensation benefits help to cover the costs of medical bills, lost wages and other expenses for injured workers. In order to receive these benefits the injured employee must demonstrate that he or she was harmed during the course of their employment. If the injury suffered is proven to be work-related, then the employee should be financially compensated for their injury.

While this process may seem straightforward, on the job injuries can be quite complex matters. These cases may involve multiple parties, including insurance providers, medical doctors, other employees and the Florida Division of Worker’s Compensation. Additionally, the laws governing these claims are ever-changing, which only makes it harder for injured workers to protect their claims.

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.