Articles Posted in Cruise Ship Injury

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Dressers leading to the death of small children sounds like a bad horror film. However, this unfortunate series of events has been a reality for at least three families so far. Sold in several small pieces requiring extensive instruction and a bit of time are the typical furnishings purchased from the Swedish company, IKEA.

dresser
IKEA is a leading furniture seller across the world and valued itself at over 11 billion dollars in 2012.1  IKEA has been aware of the danger posed by the dressers and made a first attempt to remedy the defect by providing kits to every purchaser of the dressers with instructions to secure the dressers to the walls where they will stand. Unfortunately, this did not solve the problem and another infant death followed. After tragedy struck again IKEA made the decision to recall the dressers. The IKEA website describes the recall as follows.

The recall affects children’s chests and dressers taller than 23.5 inches and adult chests and dressers taller than 29.5 inches … manufactured and sold through June 2016 and include the 3-drawer, 4-drawer, 5-drawer and 6-drawer models. Other IKEA chests and dressers in this recall were sold at various times through June 2016.”

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Sometimes a very unfortunate event affects those who cannot advocate for themselves because they are under the age of 18. If your child is injured on a playground, in a car accident, in a bicycle accident, at a store or in any way that results in a physical injury to your child and is someone else’s fault, you as their parent have the ability to bring a lawsuit on their behalf.

Children have the same access to remedies for harm to them as adults do and as their parents, you also have a right to recover medical expenses you incur while tending to the needs of your injured child.

Boy with broken arm
Children have special rules in court. Some of these exceptions are:

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Someone rear ends you or hits you as your driving down the street. At the moment you don’t notice any pain or obvious injuries but as the weeks go on you notice discomfort in your neck, back, knees or other parts of your body. A common misconception among those injured in auto accidents in Miami is if they do not make the claim for injuries immediately after reporting the accident they are barred from recovery for injuries developed or intensifying in the future. Or you notice that the auto shop you took your car to for repairs did not adequately or completely make the fixes to your vehicle. These situations are common in the Miami- Dade, Coral Gables and all other surrounding areas in South Florida.

Hourglass-shutterstock_208770109-e1440429398143Every state has a statute of limitations that dictates how long a party has to bring a claim against those that injured them or breached the contract or duty owed to them. In Florida the statute of limitations includes but is not limited to the following:

Injury to Person 4 yrs. §95.11(3)(o)
Libel/Slander 2 yrs. §95.11(4)(g)
Fraud 4 yrs. §95.11(3)(j)
Injury to Personal Property 4 yrs. §95.11(3)(h)
Professional Malpractice 2 yrs.; Medical: 2-4 yrs. §95.11(4)(a) and (b)
Trespass 4 yrs. §95.11(3)(g)
Contracts Written: 5 yrs. §95.11(2)(b), 1 yr. specific performance§95.11(5)(a)Oral: 4 yrs. §95.11(3)(k)
Judgments 20 yrs. domestic §95.11(1); 5 yrs. foreign judgment §95.11(2)(a)
   

From: http://statelaws.findlaw.com/florida-law/florida-civil-statute-of-limitations-laws.html

For a more complete list of the applicable statute of limitations in Florida see Florida Statute 95.11

Statutes of limitations involve many exceptions and cross reference with other applicable Florida laws. To assist in what can be a difficult area to understand and navigate the Experienced Personal Injury Lawyers at Friedland Law Group are ready and eager to assist you immediately. Having a lawyer familiar with this area of law and experienced in handling all types of cases can make all the difference in the outcome of your claim.

The South Florida personal injury attorneys at the Friedland Law Group handle all types of negligence, product liability, personal injury, negligent security, slip/trip and fall, and car accident cases throughout the state of Florida, including Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale, and Palm Beach. The Friedland Law Group handles all types of personal injury cases, including dog bites, wrongful death, defective products, medical malpractice, slip and falls, negligent and reckless drivers, and automobile and motorcycle accidents. Call the Miami personal injury attorneys today and let our family take care of your family.

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pilPersonal injury law is utilized when someone causes physical harm to another and the injured wants to be made whole or compensated for that injury. The experienced attorneys at Friedland Law Group provide free consultations to those who believe they may have a case and are seeking more information on the options available to them. Examples of situations when people normally seek personal injury lawyers in Miami, Coral Gables, and the surrounding areas include but are not limited to:

Auto accidents,

Trip and falls/slip and fall: There are many dangerous conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and be injured. Same goes if someone trips on a broken or cracked public sidewalks, or falls down a flight of stairs. In addition, a slip and fall case might arise when someone slips or falls outdoors because of rain, ice, snow or a hidden hazard, such as a pothole in the ground. In any event, the plaintiff must have sustained some kind of injury, however minor, in order to collect, http://injury.findlaw.com/torts-and-personal-injuries/slip-and-fall-accidents-overview.html

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Passengers aboard a P&O Cruises luxury liner are suing the cruise ship company after passengers reported contracting a stomach bug that made many of the passengers missing large chunks of the expensive trip. Lawyers that were consulted on the case have looked into past experiences aboard the same cruise liner, and have found that the company has had 4 years worth of sickness outbreaks being reported. The company has clearly paid out large sums in the past over similar incidents, making current lawyers wary of the possibility of a recurring negligence issue that the luxury line operator, P & O Cruises, is just not addressing at all.

Lawyers for the Plaintiffs believe that due to the frequency of the illness aboard the same liner, there is a good chance that the cruise company will again find themselves liable for missing time, refunding of tickets, and various charges of pain and suffering. While the victims are not looking to get more than just a refund and minor damages, they are really worried that the company has been negligent, and that more people will have to go through the same experience. A couple that were on the ship said that it ruined a truly special holiday and anniversary for them, and they don’t want to see that happen to any more couples or groups looking to have a great vacation.6223413-large.jpg

Cruise ship personal injury and negligence cases are common in high tourist areas like Florida, and make up a large percentage of the federal tort cases that are seen in Florida courts. By establishing negligence in a case like the one described above, cruise ship companies often have to pay out large settlements to both refund their large purchase prices for tickets, as well as compensate Plaintiffs for the pain and suffering caused by that negligence. The attorneys at Friedland Law Group have experience in the field of federal torts, including several cruise ship injury cases. If you’ve been injured due to the negligence of a cruise line company, do not hesitate! Call today!

Continue reading the story here: http://www.plymouthherald.co.uk/Couple-legal-action-falling-ill-cruise-ship/story-21256911-detail/story.html

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cruiseshipdrowning.png Two young boys, ages four and six, had to be rescued from a cruise ship swimming pool off the coast of North Carolina Monday. The six-year-old boy was revived and transported to a hospital; the four-year-old boy was pronounced dead. Norwegian Cruise Line posted on its Facebook page that the ship’s emergency medical team responded to a report that two children were unresponsive on the pool deck and upon arrival, the responders quickly performed CPR. The Facebook post stated that “after extensive efforts, the younger child could not be revived.”

The ship was on its way to Florida and then on to the Bahamas at the time of the incident. It was unknown whether the two boys who were found unresponsive were related. The surviving boy was airlifted with his grandmother and a cruise ship nurse to CarolinaEast Medical Center. He was later transferred to Vidant Medical Center located in Greenville. A spokesman for the hospital reported that the boy’s parents did not wish to share the boy’s condition with the public. The incident occurred on the Norwegian Breakaway, an eighteen-deck ship with a capacity of 4,000 passengers. It is one of the company’s newest ships and its home port is located in Manhattan. The ship offers numerous pool areas, including an aqua park with a children’s play area. The ship also offers a supervised program for children between the ages of three and seventeen called Splash Academy.

AnneMarie Matthews, a spokeswoman for Norwegian, declined to state at which pool the children were discovered. She also declined to release information concerning whether the children were attending the Splash Academy program or were supervised by their family members at the time of the incident. Most pools aboard cruise ships are not watched by lifeguards and swimming is at the guest’s own risk. According to a personal injury lawyer who commented on the incident, cruise ships should assign lifeguards to their pools. “They know that the pool deck is a very distracting area. They’re selling drinks, there’s activities going on, and people can be distracted. That includes parents watching children.”

1 child dies, 1 hospitalized after cruise incident www.palmbeachpost.com February 4, 2013

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disney cruise ship.jpg A four-year-old boy is in an Orlando hospital after nearly drowning on a cruise ship while it was docked at Port Canaveral. The child was aboard the Disney Fantasy cruise ship Saturday afternoon before it embarked on a journey through the Caribbean.

Rena Langley, Disney Cruise Line spokeswoman, stated that the child was unresponsive when he was taken out of the pool around 3:30 p.m. The boy was first taken to a local Port Canaveral hospital, but was then transported to Orlando’s Arnold Palmer Children’s Hospital. As of Tuesday, there was no update on the boy’s condition. Disney Cruise Line is focusing on assisting the family during this time of need. The incident occurred as the ship was preparing to depart for the western Caribbean. Port Canaveral police conducted an investigation and released the ship to leave port about forty-five minutes after its scheduled departure time.

Boy, 4, nearly drowns on Disney cruise ship, www.palmbeachpost.com April 02, 2013

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cruise ship.png Five crewmembers aboard a British-operated cruise ship died Sunday while attempting to perform a safety drill in a lifeboat. Three other crewmembers suffered relatively minor injuries. None of the almost one-thousand five-hundred passengers were involved or injured in the accident.

The Thomson Majesty cruise ship docked at the island port of Santa Cruz early Sunday morning. It was scheduled to depart with its 1,498 passengers and 594 crewmembers at 3 p.m. for Funchal located on the mid-Atlantic island of Madeira. At around 10:30 a.m., crewmembers engaged in a safety drill that involved lowering a lifeboat into the water with crewmembers aboard. The lifeboat was successfully lowered into the water, but things took a turn for the worst as the boat was raised back up to the deck about an hour later. As the lifeboat ascended, “a cable holding it snapped and a hook holding the lifeboat on a second cable gave way.” This sent the lifeboat plunging nearly 65 feet into the water upside down.

An alarm was sounded and divers raced to the lifeboat. The divers recovered four bodies and were unsuccessful in reviving a fifth person who had stopped breathing. The three injured crewmen were transported by ambulance to a local hospital. Carnival festivities to be held on the island Sunday were cancelled, but were to go ahead as planned on Monday.

Cruise ship lifeboat accident kills 5 in Spain, www.miamiherald.com February 10, 2013

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logo-royal-caribbean-cruises.jpg A former Royal Caribbean Cruise passenger known only as S.M. filed a federal lawsuit this month, alleging that she was attacked and sexually assaulted aboard a New Year’s cruise. On January 1 the passenger was attacked while aboard the Navigator of the Seas on an Eastern European cruise. In her complaint, the passenger alleges that the attack was partially captured on a surveillance video.

In her complaint, the passenger explains that on the morning of the attack, she was up on the upper deck using the whirlpool when she asked a crewmember to get her a towel. The crewmember took her into a bathroom and then proceeded to sexually assault her. At one point, she tried to escape but was dragged back into the room by the crewmember. She was eventually able to get away and informed ship security of the attack. Her attorney believes that security kicked the attacker off the ship when they reached the next port. Her lawsuit claims that the surveillance video depicts her entering the bathroom behind the crewmember, as well as her attempt to escape.

The passenger’s attorney alluded that the cruise company did not care that his client was assaulted. “This is a problem in the cruise industry and if the company cared, it wouldn’t just turn this guy loose in the nearest port. You need to cooperate with the victim and assist in bringing him to the proper authorities,” he said in a statement. A Royal Caribbean representative stated that the company responded quickly and preserved necessary evidence, including the security footage, which it believed would be helpful to law enforcement. The representative also revealed that the crewmember is no longer employed with Royal Caribbean. However, law enforcement has not arrested the crewmember.

Female passenger alleges crew attack on Royal Caribbean cruise ship, www.miamiherald.com August 15, 2012.

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costa-concordia-crash.jpg Costa Concordia is facing numerous lawsuits, all stemming form the cruise ship tragedy this past January. With over 4,000 people aboard, the cruise ship hit submerged rocks and capsized near Italy, killing thirty-two people and injuring many more. This week, a new lawsuit was filed by the Warrick family in Broward County Court against Carnival Corp. & PLC, the owner of the sunken vessel, alleging several charges including fraudulent misrepresentation, maritime negligence and intentional infliction of emotional distress.

The Warrick family, made up of Amanda, Adrian and Brandon Warrick, are each seeking more than $75,000 in damages. Costa has offered each surviving passenger about $14,000 in compensation, but the siblings consider it to be “a slap in the face,” stating that the amount offered by Costa would not have covered their out-of-pocket expenses, “much less emotional damage.” According to filed court documents, the siblings “”suffered and will continue to suffer severe discomfort, injuries and sickness, severe mental anguish, pain and loss of enjoyment of life.”

Despite the cruise ticket contract, the family is filing their suit in the United States, as they would be barred from litigation in Italy because there is no contingency for personal injury in the Italian courts. They siblings are allowed to file because they purchased their tickets on Costa’s U.S. website. At present, most victims are relegated to the Italian courts because of the fine print in the ticket contract.

Concordia survivors file lawsuit in Lauderdale, www.sun-sentinel.com July 19, 2012.

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