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Articles Posted in Negligent Security

The family of one of the Navy Yard shooting victims re-filed a suit in Florida state court earlier this year in April for the wrongful death of their loved one, according to reports.

This wrongful death lawsuit names the United States government and two government contractors as defendants.

bulletsLast year, the family filed a similar suit in federal court, but the case was dismissed for procedural reasons. Now, the family has added the two government contractors as defendants, specifically claiming that these contractors, who employed the shooter, failed to recognize several signs of mental health issues that the shooter displayed in the time leading up to the heartbreaking event.

The suit also states that the government was negligent in failing to secure the Navy Yard as well as run and adequate background check on the shooter.

The most recent lawsuit was filed in Florida state court, as opposed to federal court where the wrongful death suit was filed last year. This was done to keep all the defendants together. However, if the defendants choose to do so, the case can be moved to a federal court in Florida.

A wrongful death lawsuit can be filed when the death of a family member was caused by someone else’s negligence. As this case demonstrates, the named defendant does not actually have to be the sole cause of the death. In fact, in most cases it only needs to be shown that the death could have been avoided if the defendant’s negligence was not a factor.

In addition to showing that the defendant played a role in the victim’s death, a wrongful death suit must usually be brought by an immediate family member of the deceased, such as a parent, child or spouse. With that said, in certain cases it may be possible for another living  relative to bring the suit, however, every case is different. A Florida Wrongful Death Lawyer at Whittel & Melton can advise you on whether a party is appropriate in a wrongful death claim.

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A 28-year-old cruise ship worker has been arrested after being accused of raping a passenger aboard a Holland America Line vessel and then trying to throw her overboard, according to authorities.

The FBI arrested the man Sunday when the MS Nieuw Amsterdam returned to Port Everglades in Fort Lauderdale. The incident apparently occurred early Friday morning in international waters off the coast of Roatan, Honduras.

The victim, a 31-year-old U.S. woman, told detectives that she was attacked and raped in her stateroom. She went on to tell authorities that her attacker attempted to throw her from the balcony, but she escaped and received help from another passenger.

holland america cruiseThe accused eventually turned himself in. According to reports, the 28-year-old Indonesian man told investigators he attacked the victim because she had disrespected him earlier.

The man has been charged with attempt to commit murder and aggravated sexual abuse.

Holland America Line issued a statement on Tuesday stating that they are working with the authorities to understand how the incident occurred and what additional actions the company can take to make sure nothing like this ever happens again.

“At Holland America Line, the safety of our guests is our highest priority, and we are shocked and deeply saddened by this incident,” Holland America Line president and CEO Stein Kruse said in a news release. “To our knowledge, no incident like this has occurred in our company’s 140-year history.”

The MS Nieuw Amsterdam took a seven-day western Caribbean charter cruise that left from Fort Lauderdale on Feb. 9.

If you are a cruise ship passenger that has been injured on a cruise ship then you need to seek experienced legal help as soon as possible. Special laws govern injury claims for passengers of cruise lines, limiting the time you have to file a lawsuit, sometimes as soon as six months from the incident date. A Fort Lauderdale Cruise Injury & Maritime Law Attorney at Whittel & Melton proudly helps passengers that have suffered harm in many different cruise ship accident situations. From criminal assaults or sexual attacks committed by other crew members or passengers to slip, trip and fall accidents and other mishaps arising from negligence, we can help you hold the responsible party accountable for their actions.

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Baltimore Ravens wide receiver Jacoby Jones suffered a head injury early Monday morning after he was apparently struck over the head with a champagne bottle by a stripper named Sweet Pea on a party bus.

According to TMZ.com, Jones was partying on the bus in D.C. celebrating Bryant McKinnie’s 34th birthday when the alleged stripper hit him over the head with a “gigantic Ace of Spades bottle.”

After Jones was struck by the bottle, and ambulance was apparently called for “a bleeding male.”

Sources from TMZ say that people were leaving a club at 3 a.m. when the party bus brawl began.

TMZ reported that Jones, the former Dancing with the Stars contestant, was “bleeding everywhere.”

Several other Ravens teammates were out celebrating McKinnie’s birthday. The Ravens were coming off of a 30-9 win over Houston on Sunday.

Ace of Spades.jpgIt is unclear why Sweat Pea struck Jones over the head with the bottle. It is also unknown how large the bottle was that hit Jones. However, Ace of Spades bottles come in eight sizes, ranging from 750 milliliters to 30 liters.

According to TMZ, one of Jones’ friends apparently tried to retaliate against the stripper, but McKinnie stepped in to stop the fight. However, an alleged altercation then broke out between McKinnie and Jones’ friend.

Authorities responded to the scene, but no one was arrested.

Business and property owners in Florida have a duty to warn all patrons and visitors to their property of any dangerous conditions. This includes taking necessary action to prevent any injuries from occurring on their property. In areas that are highly susceptible to crime, such as night clubs, parking lots, parking garages, strip clubs, college campuses, hotels, apartment buildings and even party buses, business or property owners have a duty to provide sufficient security. However, many business and property owners fail to take such precautions simply because of the high cost associated with adequate security measures. Too often, this failure leads to serious injury or wrongful death.

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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.

1341162_hotel_fasade_3.jpgIn 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.

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The St. Petersburg Times is reporting that a 17-year-old young man was shot and killed during a party at the Lake Padgett Estates, in Land O’Lakes, FL. The 2:00 a.m. shooting occurred allegedly in a parking lot outside of the evening festivities.

The information reported indicates that a group had gathered outside of the development clubhouse, specifically in the parking lot. It is unknown what the Pasco County housing development knew with respect to any other criminal activity in the area. This shooting may open up the development to liability in the form of a Premises Liability action or what is coined a Negligent Security lawsuit.

Negligent Security actions are most commonly found in parking lots out front of clubs or convenient stores where criminal activity is known to be a problem in the area. Florida law obligates property owners to create safe environments and avoid foreseeable risks for their guests. The most obvious way for owners to help themselves and their customers can be simply to employ security and install cameras – but unfortunately many do not. The Pasco County Sheriffs Office continues to investigate and may make an arrest in this case.

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