Florida Personal Injury Lawyers Blog

March 27, 2013

Florida Boating Injury Attorney :: Spring Break & Boating Accidents in Florida

by Whittel & Melton, LLC

With spring break still in effect, many residents of Florida and visitors alike are taking advantage of the tropical climate and getting out on the water. It is the perfect time to get away from school and work and take a break by cruising along the coastline for some fun and sun. However, be reminded that Florida continues to be the most dangerous state for boating accidents.

Unfortunately, every year Florida sees far more boating accidents than any other state in the country. In fact, according to the Florida Fish and Wildlife Conservation Commission, nearly 700 boating accidents were reported in Florida last year alone.
The state of California ranks second in boating accidents, and saw close to 400 maritime accidents last year.

Why do we see so many boating accidents every year? Keep in mind that Florida has more registered boats than any other state. The most recent statistics show that Florida had more than 914,000 registered vessels in 2010.

In 2011, Monroe County was cited as the most dangerous place for boating accidents, with more than 90 reported boating incidents. In that same year, Miami-Dade County had 74 boating accidents, Palm Beach County saw 58 watercraft incidents and Broward County reported 41 maritime accidents.

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.

March 6, 2013

Florida Personal Injury Lawyer :: NHTSA Recalled More Than 17.8 Million Products in 2012

by Whittel & Melton, LLC

According to the National Highway Traffic Safety Administration, manufacturers filed for more than 650 safety recalls in 2012 affecting more than 17.8 million vehicles, child seats and vehicle equipment. Additionally, the NHTSA prompted the recall of more than 9 million vehicles and 60,000 items of vehicle equipment, such as child safety restraints and tires.

Nearly 42,000 complaints from consumers addressing possible safety defects influenced the NHTSA to check out these potential issues for consumers.

Over the past three years NHTSA’s investigations and testing have resulted in more than 430 recalls, including 22 million vehicles and products. Since 1966, the NHTSA’s work has directly resulted in 17,000 recalls of more than 500 million vehicles and another 84 million equipment products.

Certain types of vehicle defects can lead to tragic car accidents that often involve not only the occupants of the affected car, but other drivers, passengers and even pedestrians. Auto defects can include tire defects, engine failure, structural problems, roof crush and many more. Multiple parties can be held liable when catastrophic collisions occur, including a negligent driver, the auto manufacturer or the maker of a defective auto part. While it is very important for a vehicle to do its job and protect occupants in the event of a crash, it is equally important for safety restraint systems to be fully functioning. This is also true for car seats, as they are supposed to minimize the risk of serious injuries to babies and toddlers should an unfortunate wreck occur.

February 27, 2013

Florida Injury Lawyer :: NASCAR Fans Injured in Daytona Crash Explore Lawsuit

by Whittel & Melton, LLC

Several NASCAR fans injured last weekend during a race just a day before the Daytona 500 are now contemplating a possible lawsuit.

Last Saturday, more than 30 people were injured following a horrendous crash in a second-tier NASCAR series race that sent chunks of debris, including a heavy tire, flying into the stands. All injured parties have since been released from the hospital.

Interestingly, a competitor in the race was quoted on CNN declaring that the racers “assume the risk” when competing, but the fans do not. This may be slightly in conflict with NASCAR’s position as they most likely may try and cowardly hide behind the back of their ticket stubs. The language printed on the Daytona disclaimer could be viewed as a legal contract, similar to a cruise ship voucher, which could be an issue in court.

The disclaimer on the Daytona ticket reads: “The holder of this ticket expressly assumes all risk incident to the event, whether occurring prior to, during or subsequent to the actual event, and agrees that all participants, sanctioning bodies, and all employees, agents, officers, and directors of Daytona International Speedway, its affiliates and subsidiaries, are hereby released from any and all claims arising from the event, including claims of negligence.”

A NASCAR spokesman said at this point they have not heard of any lawsuits being filed.

Daytona International Speedway is owned by International Speedway Corp., a NASCAR sister company.

It will certainly be interesting to see if any lawsuits do arise from this incident and how they are handled.

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 7, 2013

MTA Electrocution forces A and C Train Service Shutdown

by Whittel & Melton, LLC

According to reports, a New York man was electrocuted at the Broadway Junction A and C subway station last month after landing on the train tracks and touching the third rail. FDNY and Metropolitan Transit Authority (MTA) officials arrived at the scene, but sadly, the unidentified man was declared dead at the Fulton Street station by firefighters and EMS workers.

The MTA shut down power to the station’s tracks and suspended A and C train service between Euclid Avenue and Jay Street-Metrotech in both directions, officials said. It was not clear how the man fell on the railing, but it could be a result of a slip and fall or MTA negligence.

In New York, the MTA maintains the New York City subway system and may be legally responsible for any injuries suffered to its subway riders. If you have suffered an injury on a train or subway you may be entitled to monetary compensation for your pain and suffering, medical expenses, and loss of wages.

February 7, 2013

New York drivers who use cell phones while driving are more likely to cause car accidents in Orange County

by Whittel & Melton, LLC

A study conducted by the AAA Foundation for Traffic Safety, points to a correlation between those who use their cell phones while driving and other risky driving practices, such as speeding, driving drowsy, driving without a seatbelt and sending texts or emails. This is not surprising since distracted driving is the cause of many New York Car Accidents and Motorcycle Accidents.

For example, motorists who admitted to regularly using their cell phones within the last month also reported that they engaged in additional risky driving behaviors. Specifically, 65 percent also admitted to speeding, 44 percent reported driving while drowsy, 53 percent reported sending a text or email and 29 percent drove without a seatbelt. Motorists who said they did not use their cell phones were much less likely to engage in other dangerous driving behaviors. (Only 31 percent reported speeding; 14 percent reported driving drowsy, three percent reported sending a text or email and 16 percent drove without a seatbelt).

In New York, all drivers are banned from using hand-held cell phones while driving; but that doesn’t stop people from using their cell phones while driving anyway. If you have been in an Orange County Car Accident involving a distracted driver, you may have a legal claim to recover your damages–like medical bills, lost wages and property damage.

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.