Fort Lauderdale Injury Lawyer Blog

Every year it seems like we hear about someone "disappearing" at sea while on a cruise. More often than not, there are no witnesses to what happened and the cruise ships label the disappearances as "mysterious circumstances." The cruise lines may spin these situations as a simple case of a drunk passenger deciding to jump.

According to Canadian college professor, Ross Klein, in 2008 there were 12 passengers or crewmen have gone overboard from cruise ships or ferries. Since no central government agency maintains records of cruise ship disappearances or deaths or falls from cruise ships, Professor Klein derived his data from various news outlets.

"They're (the cruise lines) trying to sell a vacation product and this isn't good news . . . .They tout cruising as the safest mode of transportation anywhere in the world. People go on them expecting to be safe, and these incidents contradict that perception," states Professor Klein.

Every cruise ship has barriers designed to prevent passengers from falling overboard. Indeed, it is difficult to imagine some one falling off a cruise ship without being drunk or disregarding their safety. Nevertheless the cruise ships have the legal responsibility to take reasonable precautions to prevent this type of foreseeable occurrence.

Although falling overboard would seem to involve some comparative negligence on the part of the passenger, the cruise ships frequently over serve alcohol to their passengers without limits. Alcohol is a big money maker for the cruise lines. As a result of over-imbibing, passengers tend to fall on the decks of cruise ships and some even overboard. Accordingly, there may be some liability on the cruise lines for falls on and off the ship even though the passenger may have been intoxicated.

"It's drink and drink and drink," says Charles Harris, former chief of security for Carnival Cruises, a critic of cruise industry secrecy. "We'll take your money, and if you fall overboard, we don't worry about it."

Continue reading "Cruiselines sugarcoating passengers missing at sea?" »

Sometimes people on motorcycles are injured not as the result of the negligence of other cars, but rather as the result of negligence by landowners in maintaining their premises. A recent accident in the Florida Keys illustrates how this unfortunate series of events can unfold.

Recently, an off duty Palm Beach County Sheriff's Deputy was severly burned when he rode his motorcycle up to the pump at a Circle K in the Florida Keys which slipped in a puddle of fuel. The bike landed on top of him and was instantly ignited.

"In just those few seconds" the motorcylist sustained 2nd and 3rd degree burns over most of his body--all because of an accident that his sister stated the Circle K gas station could have prevented. According to the man's sister: "When he pulled into the gas station he already didn't stand a chance."

Attorneys for the man claim they have proof that this was avoidable, and that the gas station attendants knew the pump was leaking fuel onto the ground

"Consumers would go in and report that to the Circle K people who pretty much were nonchalant about the whole thing and would throw kitty litter on it and hope that the gas spill would just dry up."

Similar negligence is happening at other gas stations, according to the man's sister, but there's no oversight to stop it and no one to protect others from her brother's fate. "This isn't a matter of if, it's a matter of when it's gonna' happen to somebody else," she stated

The man sustained burns over more than 60 percent of his body, just had his 3rd skin graft. His family hopes to have him home from Jackson Memorial Hospital in Miami by Christmas.

Everyone who has ever filled up their tank at a gas station knows that it is not uncommon for there to be fuel or other material on the pavement surrounding the pumps. These substances are not only a slip and fall hazzard for customers walking in the area, but may also constitute a danger for motorcyclists pulling up, as this story tragically illustrates.

Continue reading "Man Burned in Florida Keys Motorcyle Accident" »

Robert Bork, a former Republican nominee to the United States Supreme Court filed a slip and fall lawsuit against the Yale Club for negligence. He sought $1 million in damages for injuries he sustained from a fall at the club in 2006. In May, 2008, Bork, through his attorneys, achieved a confidential settlement.

Bork, in his lawsuit, alleged that he was at the Yale Club in Manhattan to speak at an event and that the club failed to provide steps and a handrail for safe access onto the dais. As a result, Bork fell and claimed he injured his leg and head while attemping to get onto the dais.

Bork claimed he sustained a large hematoma, which is a swelling of blood, in his lower left leg . The injury eventually required surgery and physical therapy. He claimed to have suffered "excruciating pain" as a result of the injury and walks with a limp according to the complaint, which is the initial pleading filed by a plaintiff with the court.

Robert Bork is a conservative Republican who taught at Yale's Law School in the 1960s and 70s. Later, in the 1980s he was nominated to the United States Supreme Court by President Ronald Reagan, but withdrew his nomination during a controversial Senate confirmation hearing.

Pro-business lobbyists, as well as the Republican party, frequently complain about "slip and fall" lawsuits, often reciting the moniker that they are "frivilous." The irony of this case is that Bork is one of the leading legal minds in the conservative movement which has advocated tort reform.

This case illustrates that when you or a loved one has been seriously injured, that compensation for medical bills, lost wages and pain and suffering suddenly becomes vitally important. The unfortunate reality for proponents of tort reform, as Robert Bork apparently discovered after his fall, is that frequently these lawsuits have merit. A lot of these types of falls can be prevented if people and businesses just pay attention and use reasonable care. When the legal duty to use to use reasonable care is violated and results in a fall that could have easily been prevented, it is fair to be compensated for your damages.

Continue reading "Slip and Fall Lawsuit filed by Robert Bork" »