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Articles Posted in Personal Injury Claim

disney-world-3412476_640-150x150The Jungle Cruise ride at Walt Disney World had a mishap last Thursday, which resulted in several passengers sinking with the boat. 

According to reports, around midday on Thursday, one of the boats used in the classic Jungle Cruise ride at the Orlando theme park started sinking while filled with passengers.

Witnesses documented the mishap on social media, showing guests still standing inside the boat as the water slowly rose around their legs. All those on board were safely rescued, but later images captured the vessel nearly completely submerged, its canopy roof still visible and what appears to be a lone park employee on board.

The ride, located in Magic Kingdom’s Adventureland area, is for all ages and lasts approximately 10 minutes, according to the official Disney World website, which describes it as a “journey that you won’t soon forget.”

A Disney spokesperson said employees immediately engaged the Reedy Creek Fire Department to respond to the event.

Everyone made it off the boat safely, and staff members worked individually with the guests to ensure the rest of their park visit went smoothly, the representative said. The attraction has since reopened.

According to the official description of the ride, visitors can “Board a canopied tramp steamer piloted by your trusty skipper, who will expertly navigate you through some of the world’s most treacherous waters.”

The beloved attraction is best known for its quirky skippers, who entertain guests with jokes throughout the riverboat excursion. Animatronic wildlife can also be seen along the banks.

Jungle Cruise is set to be adapted into Jungle Cruise the movie this summer. It will star Dwayne Johnson and Emily Blunt and comes to theaters July 24.

When you and your family head to Walt Disney World for a day of fun or an entire week of vacation, you are expecting fun and adventure, not a perilous journey through the parks. Your trip to Walt Disney World can be quickly cut short when a dangerous condition presents itself and your or a loved one suffers an injury. If you have suffered an injury at Walt Disney World or any of its parks, you may be eligible for financial compensation for the suffering you have endured as a result of the accident. When you are injured at a theme park, like Walt Disney World, it is of the utmost importance to discuss your case with an experienced personal injury attorney as soon as possible.  

Walt Disney World is comprised of four parks and two water parks: Magic Kingdom, Animal Kingdom, Disney Hollywood Studios, Epcot, Typhoon Lagoon, and Blizzard Beach. Walt Disney World is also the home of more than 20 resort hotels as well as a shopping and dining area called Disney Springs. Park staff must be always on the lookout for any dangerous conditions that could arise and harm a guest. Due to the fact that Walt Disney World is such a large venue and so busy, it is easy for visitors and guests to become seriously injured when an accident happens. There are numerous injuries that can occur on Disney property, including the following:

  • Mechanical parts failure on rides
  • Inadequate security
  • Improperly trained ride operators
  • Inadequate maintenance of rides
  • Food poisoning
  • Hotel injuries
  • Swimming pool drowning accidents
  • Animal attacks and bites
  • Slip and fall accidents
  • Sexual assault 
  • Bus and monorail accidents
  • Wrongful death 

If you have been injured or harmed at Walt Disney World, our Florida Disney World Injury Attorneys at Whittel & Melton are here to help. Our firm is ready to take on your case and help you recover financial compensation for your injuries. You may be entitled to recover monetary damages for your medical bills, lost wages, emotional distress, and more. 

Walt Disney, much like Universal and Legoland, are very large corporations who handle risk and liability on a daily basis, not just with injuries and death, but also employment claims, discrimination, fraud, etc. They have all developed a very sophisticated regime for handling claims as any corporation would after decades of monitoring, settling and resolving these disputes. No Florida attraction is perfect and no case is perfect, but with our experience and our preparation, specifically as it relates to Disney World and its other Florida amusement parks, we feel very confident in handling your matter.

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Within the last few months, multiple ranitidine and Zantac manufacturers recalled their products due to concerns that they contain high levels of NDMA, a likely carcinogen.

Zantac is sold by the manufacturer Sanofi, as well as generically under the name ranitidine.

Sanofi, manufacturer of Zantac, said it would be recalling the over-the-counter medication in both the United States and Canada. It has been recalled from major chain pharmacies such as CVS, Walgreens, and Walmart. This comes on the heels of the Food and Drug Administration alert to the public that the drug contains low levels of a cancerous contaminant, NMDA.

What Is NDMA? 

NDMA is used in aviation, rocket fuel, and industrial lubricants. It is also a by-product of several industrial processes, including gasoline refining and the treatment of wastewater containing nitrogen.

NDMA has also been used for inducing carcinogenesis in laboratory rats for cancer research. NDMA may also be found in a number of food products, such as cured meats, and is an ingredient in tobacco fumes. Research shows that NDMA does not appear to accumulate in tissues.

Under the federal Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), NDMA is classified as “extremely hazardous.” Due to this danger, there are strict reporting requirements for companies and individuals who produce, store, or use the substance in large amounts.

Zantac Class Action Lawsuits

Recently, two class-action lawsuits were filed against Zantac manufacturer Sanofi-Aventis LLC and Boehringer Ingelheim Pharmaceuticals, who previously held rights to Zantac, with plaintiffs claiming that the companies knowingly put patient health at risk. Lawsuits filed against the manufacturer maintain that Zantac contains levels of NDMA that are 26,000 times higher than the levels allowed by the FDA. In the recent past, several blood pressure medications that were found to contain the cancer-causing contaminant NDMA were recalled from the market.

According to studies of the contaminant NDMA (N-nitrosodimethylamine), possible side effects of ingestion are:

  • Bladder Cancer
  • Colorectal Cancer
  • Esophageal Cancer
  • Intestinal Cancer
  • Kidney Cancer
  • Liver Cancer
  • Ovarian Cancer
  • Pancreatic Cancer
  • Stomach Cancer
  • Testicular Cancer
  • Uterine Cancer

In addition to being linked to various cancers, NDMA is also a potent hepatotoxin. This means that short-term exposure to NDMA can cause liver damage, like scarring and liver fibrosis. Long-term exposure can increase the risk of liver, kidney, and lung tumors.

Symptoms of overexposure to NDMA may include headaches, fever, nausea, jaundice, vomiting, abdominal cramps, enlarged liver, reduced function of the liver, kidneys and lungs, and dizziness.

Other adverse effects that have been associated with Zantac include:

  • Nervous system disorders
  • Arrhythmia or tachycardia (irregular or rapid heartbeat)
  • Vitamin B-12 deficiency
  • Hepatitis
  • Liver failure
  • Jaundice
  • Increased risk of pneumonia
  • Low platelet levels in the blood
  • Skin rashes
  • Hair loss

What Should You Do? 

The FDA and other institutions across the country will continue to investigate ranitidine for more information regarding any impurities. As of now, the FDA has not called for people to stop using the medication. With that said, the drug is only supposed to be used for short-term relief. 

If you have been taking ranitidine for a long time, we encourage you to speak with your doctor as soon as possible about whether you should continue taking the drug. Your doctor may recommend that you start taking utilizing different medications, like other drug classes or another H2 blocker.

Based on the studies conducted up to now, there is no proof that NDMA impurities impact other H2 blockers or other heartburn medications. Studies conducted by the FDA found that the following medicines do not contain NDMA:

  • Pepcid (famotidine)
  • Tagamet (cimetidine)
  • Nexium (esomeprazole)
  • Prevacid (lansoprazole)
  • Prilosec (omeprazole)

While antacids may be effective for heartburn relief, there are other lifestyle changes that can help provide you with some relief. Avoiding certain foods and drinks can help ease heartburn episodes.

Have You Taken Zantac or Other Ranitidine Heartburn Drugs?

Our Florida Zantac Lawsuit Attorneys at Whittel & Melton are investigating claims related to the contamination of Zantac and generic heartburn drugs made from ranitidine. If you have suffered any adverse effects after taking Zantac, filing a claim against the manufacturers of Zantac and generic ranitidine could help you recover financial compensation for:

  • Pain and suffering
  • Medical bills
  • Past lost wages
  • Future lost wages
  • Permanent or temporary disability
  • Punitive damages
  • Loss of enjoyment of life

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A Florida woman has filed a lawsuit after having her gall bladder and parts of her stomach removed after a waiter put liquid nitrogen in her drink. 

The woman recently filed a lawsuit against The Don CeSar Hotel in St Pete Beach, Florida after a birthday meal last year. 

The woman said she went to dinner at the Maritana Grille, on the hotel premises, with one of her best friends on November 11, 2018.

They had just finished their dinner when the woman said she saw a waiter pour a liquid on another customer’s dessert that caused it to “smoke.” After her friend told the waiter that it looked cool, she said he poured the liquid nitrogen into the two women’s glasses of water.

In her lawsuit, the woman says that she became seriously ill “within seconds” of drinking the water with the liquid nitrogen. She never suspected that drinking the water containing the liquid nitrogen was dangerous as “he had just poured it on a dessert.”

An ambulance took the woman to the hospital, where she remained in the intensive care unit for days. She ended up having to have surgery to remove her gallbladder.

According to the lawsuit, the woman also had to have parts of her stomach removed after tissue had been burned by the extremely cold temperature of the liquid nitrogen.

The woman will have lifelong digestion issues and lost 25 pounds as a result.

Liquid nitrogen is a colorless, odorless, clear liquefied form of nitrogen that remains liquid at temperatures of -320 degrees Fahrenheit. It is used as a freezing agent in food preparation and preservation, to process dry herbs and spices and to rapidly chill beverages, as well as for a smoke effect in beverages or foods to “enhance presentation and consumer appeal,” according to the U.S. Food and Drug Administration (FDA).

However, the FDA has warned that liquid nitrogen can be extremely dangerous if consumed and must not be used in ways that make food unsafe for consumers.

“Both liquid nitrogen and dry ice can cause severe damage to skin and internal organs if mishandled or accidentally ingested due to the extremely low temperatures they can maintain,” according to the FDA. “As such, liquid nitrogen and dry ice should not be directly consumed or allowed to directly contact exposed skin.”

In August last year, the FDA issued an advisory warning consumers and retailers of the potential for serious injury from eating, drinking, or handling food products prepared by adding liquid nitrogen immediately before consumption.

This is because the liquid nitrogen “may not completely evaporate before reaching the consumer or may leave the product at an extremely low temperature, posing a significant risk of injury.”

Dining out at a restaurant has the potential to be disastrous when it comes to dangerous ingredients and potential allergens. Even what seems like minor mistakes can have big consequences.

While the circumstances of this case involving liquid nitrogen might be rare, serious injuries and illnesses can and do occur at restaurants. Other issues that can turn your dining experience into a nightmare include:

  • Food poisoning
  • Undeclared allergens
  • Foreign materials in food, like plastic or glass
  • Burns
  • Choking and improper CPR efforts

The above issues can be quite traumatic and result in serious injuries that can lead to hefty medical bills, lost wages, and physical and emotional pain and suffering. Let’s say someone has a peanut allergy and orders a dessert that they are told does not contain nuts. If they are served the wrong dessert they could suffer a life-threatening allergic reaction, leading to hospitalization. Restaurant owners invite guests onto their premises. Therefore, they are responsible for any foreseeable injuries or damages. In order to hold them legally accountable for any injuries, the damage must have been predictable or preventable. If a server knowingly serves a beverage at a scalding hot temperature, the injury to a patron might be foreseeable. However, if a patron spills their water and another person slips and falls within a few minutes, they restaurant may not be liable as the event was unforeseeable, and the staff just did not have enough time to prevent the mishap. 

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Florida’s new distracted driving law, or texting while driving, goes into effect July 1, and law enforcement agencies across the state are preparing for how they will enforce it.

As far as enforcing the rule, a Hillsborough County Sheriff’s spokesperson said it will be done on a case-by-case basis.

The Sheriff’s Office said texting violations will be treated like any other primary offense traffic violation.

Deputies expect challenges from drivers trying to find loopholes around getting a citation, because they exist.

According to officials, drivers can still use their GPS, look at weather or traffic alerts, or call in an emergency.

Traffic judges might see more work as a result.

Pinellas County Sheriff’s officials said their enforcement will go through an education period. They’ll give out a warning the first time.

But drivers better make changes, because getting pulled over multiple times for texting while driving will end up in a ticket.

A hands-free requirement while driving in school and work zones goes into effect in October.

Citations will not be handed out for this violation until January 1, 2020.

This new law that makes texting while driving a primary offense as opposed to a secondary offense is meant to curb dangerous and deadly behavior while behind the wheel. Distracted driving accounts for more teen deaths than drunk driving, and kills 9 people of all ages every day across the U.S., according to the Centers for Disease Control and Prevention. Car crashes in Florida rose by 11 percent from 2013 to 2016, but collisions caused by problems stemming from distracted driving, like drifting out of a lane, sideswiping another car or simply blowing through a stop sign, increased by 40-50 percent.

If you or someone you love has been injured in a distracted driving accident, our Florida Injury Attorneys at Whittel & Melton can investigate your crash thoroughly and determine if the other driver involved in your accident was using their cellphone or otherwise driving while distracted. We will use this evidence to establish that the other driver was indeed at fault, which may result in a more favorable outcome when pursuing financial compensation.

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The parents of a 2-year-old boy who drowned in a Baker County retention pond in April are suing the owner of the property, claiming he failed to install fencing that might have protected their son.

The toddler was found in the pond April 23 after he wandered away from the apartment where he was being watched by his 18-year-old sister while their parents were at work. A neighbor tried to revive the little boy with CPR, but he died at Ed Fraser Memorial Hospital in Macclenny.

The boy died days before his 3rd birthday.

According to court documents, the property owner did not have proper fencing as required by building permits.

The property owner applied Jan. 13, 2016, to the St. Johns River Water Management District for a permit for construction of the retention pond to be used for stormwater treatment, court documents show.

The plans for the retention pond were part of a nearly four-acre storage facility.

Plans submitted to the district detailed the construction of a 6-foot fence with a self-latching gate. A permit for construction was issued two weeks later on Jan. 27, 2016.

The man subsequently built the retention pond, which was completed in March 2017. However, the property owner did not install the fence as detailed in the construction plans, according to reports.

Children are attracted to water placing them at a greater risk of being involved in a drowning or near-drowning incident. Due to this, the law recognizes additional duties that owners of ponds, pools, hot tubs, and other bodies of water must take to protect children. Private property owners as well as public entities that do not take these precautions can be liable for a child’s injuries or death that occur on the property.

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A Florida woman hacked into a man’s social media accounts and then “maliciously posted” nude photos of him, according to officials.

The 24-year-old was arrested Saturday in Port Richey after she demanded the unidentified give her money to take down the X-rated content, the Pasco County Sheriff’s Office said.

Using the man’s old phone, the woman shared the nudes to his own social media profiles and changed his passwords, preventing him from deactivating the accounts, according to reports.

The woman allegedly sent the man a screenshot of a post she had not yet made public and then demanded the man give her money to “stop her actions,” officials said.

When someone posts unauthorized and non-consensual intimate images of you with the intent to embarrass, defame, ridicule or harass you, they are committing the act of revenge porn or sextortion. These malicious actions are a brutal means by which another person attempts to manipulate, humiliate, degrade, defame and destroy you. Our Florida Sextortion Attorneys at Whittel & Melton want you to know that you have done nothing wrong. You do not deserve to be tormented online and we can help you through this difficult time.

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A caretaker is facing charges of abuse of a mentally disabled person after police said she hit several residents at a group home with a frying pan.

Darnika Martin is charged with two counts.

According to the arrest report, she struck two mentally ill patients at a group home in Pinellas Park.

The woman was unaware that cameras were rolling when she lunged at one of the residents with a frying pan.

The owner just happen to review his cameras over the weekend.

The woman apparently struck one man several times because he was attempting to get food from a bag.

The woman is out on a $10,000 bond.

People living in group homes are usually there because they cannot take care of themselves on a daily basis. These are some of the most vulnerable people in society, and sadly, neglect and abuse run rampant in these facilities. Even worse, people living in group homes are not able to tell others about what is happening to them.

If you have a loved one who is living in a group home, you may have reason to believe that neglect or abuse is happening. Our Tampa Bay Nursing Home Abuse Attorneys at Whittel & Melton can help you get the answers you need. We know the regulations that govern group home responsibilities, and what these institutions can and cannot do.

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A woman was fatally shot in the parking lot of a Home Depot on Sunday around 9:15 p.m.

When deputies arrived they found a woman suffering from a single gunshot wound.

She was taken to Tampa General Hospital, where she was pronounced dead just before 7 p.m. Monday.

Investigators believe the shooting was drug-related. No arrests have been made and the Sheriff’s Office is asking anyone with information about the shooting to call homicide detectives at (813) 247-8200.

A number of factors can make a property unsafe. A lack of security guards, broken cameras, and poor lighting are just a few things can make a property dangerous and more susceptible to a crime.

If you or a loved one is the victim of a crime on someone else’s property, including parking lots, you may have a negligent security claim, and you may be entitled to financial compensation from the property owner, property management company or security company. When crimes occur in shopping centers, parking lots, apartment complexes, hotels, bars, etc, property managers and security companies can be held accountable if they fail to provide reasonable safety and a guest is attacked or killed.

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A crash involving a golf cart in Brevard County sent an 11-year-old girl to the hospital.

According to troopers, the girl was driving the golf cart along Fox Trail Court and James Road in Cocoa on Sunday afternoon when it overturned as she rounded a corner.

The girl was flown to Arnold Palmer Hospital, where she remains in serious condition.

Officials said there were two adults in the golf cart with the child. They were not injured.

The crash is currently under investigation by the Florida Highway Patrol.

You do not have to be golfing to use a golf cart. These small modes of transportation are used on many large campuses, in communities and at airports. These vehicles can top at speeds of 40 MPH and are used commonly without reasonable safety precautions, placing riders at risk of injury.

Our Florida Golf Cart Injury Attorneys at Whittel & Melton help those injured in golf cart accidents throughout the state of Florida. While golf carts look like smaller vehicles and are used the same way as cars, they are not regulated like automobiles because they were never intended for road use. Golf carts are not required to meet Federal Motor Vehicle Safety Standards, and the American National Standards Institute does not require them to have seatbelts, so this allows these vehicles to be manufactured with low safety standards.

Golf cart accidents are quite common, as they are prone to tip over easily, they lack restraints, and they are open on the sides. Golf cart accidents can result in minor injuries like lacerations and scrapes to much more severe injuries like brain injuries and even fatalities.

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A woman who was driving without a valid license is accused of fatally hitting a 13-year-old girl Wednesday morning as the teen was riding her bike to school.

The Polk County Sheriff’s Office arrested a 25-year-old woman from Argentina who had been staying in the Kissimmee area.

According to deputies, the woman was driving a minivan around 7:50 a.m. Wednesday when she struck the 13-year-old student in the Poinciana/Kissimmee area.

The eighth grader was on her way to Lake Marion Creek Middle School when she was hit. The child was airlifted to Orlando’s Arnold Palmer Children’s Hospital, where she later died.

The man told deputies she has been in the U.S. on a “visitor pass” since October of 2018. She presented an Argentinian identification card to investigators.

Deputies said condensation covered approximately 80% of the woman’s windshield at the time of the crash, obstructing her view.

She has been charged with operating a motor vehicle without a valid driver’s license causing death, a third-degree felony.

If your son or daughter has been killed in a pedestrian or bike accident, this is a tragic time for your family. It is important that you do not accept an insurance company settlement as compensation for your loss without consulting our Florida Injury Attorneys at Whittel & Melton. A sudden death in a family can take its toll not only emotionally, but also financially. Not only are family members grieving an irreparable loss, but they are also struggling to deal with medical expenses and funeral and burial costs, which can add up quickly.

The insurance company does not care about your family’s welfare or your losses. Their goal is to offer you the least amount of financial compensation possible so they can get rid of your claim quickly. During such a challenging time, you need our Florida Wrongful Death Attorneys on your side as we have successfully handled numerous fatal pedestrian accident cases.

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