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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.

1194812_starting_the_car.jpgOver 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.

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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.

467188_draft.jpgThe 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.

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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.

951355_bermuda_cruise.jpgCarnival 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.

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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.

12178_costa_victoria_2.jpgThe 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.

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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.

75161_mta_nyc_subway.jpg 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.

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.

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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.

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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.

1364933_pizza_2.jpgOne 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.

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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.

82185_cruise_boat_10.jpgIn 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.

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A 41-year-old father and his three kids were killed Friday night in a car crash in Lake County.

The man apparently lost control of his 2009 Mercedes Benz around 6:45 p.m. on State Road 33.

Florida Highway Patrol troopers do not know what caused the man to lose control of his vehicle. Reports indicate the man was traveling southbound on a S.R. 33 curve near Groveland Airport Road when his car left the road, struck a tree and a pole, causing the vehicle to become airborne and crash into another tree that ultimately crushed the car’s roof.

The man and his 9-year-old son were pronounced dead at the scene. His other son, 7, and daughter, 2, passed away at the hospital.

The speed limit for the road is 60 mph, but troopers do not yet know if the man was speeding.

Court records indicate the man received several citations for speeding and failing to obey traffic signals in counties across Central Florida.

The man and his sons were wearing seatbelts, but troopers say the force of the crash was so great that it would not have mattered if they were wearing them properly. The young girl was in a car seat.

Troopers are still investigating what may have caused the crash.

568830_mercedes.jpgSadly, even just a small driving error or momentary lapse in judgment can lead to a devastating car accident. Due to this, all drivers have a duty to operate their vehicles with as much caution as possible to ensure the safety of their passengers and all others on the roadways. When drivers fail to drive safely and partake in reckless behavior, the odds of an auto accident occurring becomes much more likely. Many of the auto accidents that occur in Lake County are caused by the following:

• Distracted Driving
• Talking on a Cell Phone or Texting while Driving
• Speeding
• Hazardous Roads
• Failing to Follow Traffic Signals
• Changing Lanes without Signaling Properly
• Driving Under the Influence of Drugs and/or Alcohol
Any of the above actions can cause an accident that is quite serious, and lead to severe personal injuries and even wrongful death. Negligent drivers often react too late to dangers in the road until it is too late to avoid a wreck. However, it is important to note that even the most careful and considerate driver can lose control of their car on a hazardous road and cause a serious collision.

While most cars today are outfitted with more safety features than ever before to protect occupants in the event of a crash, even the best safety measures cannot prevent drivers and passengers from suffering the effects of a crash. Seatbelts and airbags can protect victims of a minor crash, but when a major wreck occurs, the force of the collision may be too great for these features to prove useful. The effects of a car accident can range in severity from cuts and bruises, sprains and strains and fractures and broken bones to vehicle ejections, traumatic brain injuries, spinal cord trauma and death.

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Kendrick, FL – A 22-year-old motorcyclist who crashed into a dump truck Tuesday morning is still in critical condition at Ocala Regional Medical Center.

The driver of the truck, a 57-year-old Summerfield man, was not injured.

According to Florida Highway Patrol troopers, the motorcyclist was heading north on Northwest Gainesville Road at about 6:40 a.m. on a 2012 Kawasaki Ninja ZX 10 when the dump truck, coming from the opposite direction, failed to see the motorcycle and executed a left-hand turn. The pair collided, and the bike became pinned under the driver’s side front wheel of the truck.

A blood sample was taken from the truck driver.

The crash is still under investigation.

968430_motorcycle_boy.jpgMotorcycles are a lot smaller than trucks, so it can be more difficult to spot them on the roadways. But this does not mean that bikers do not have a right to be on streets and highways with other automobiles. Drivers of cars, trucks and SUVs must pay extra careful attention for motorcyclists, pedestrians and bicyclists who may be on or near the road. Unfortunately, because motorcycles are smaller than most automobiles, this generally means that riders suffer severe injuries or even death when involved in a traffic collision. The most common motorcycle accident injuries include head and neck injuries, broken bones, spinal cord trauma, traumatic brain injuries and death.

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