Blast on Royal Carribean’s Independence of the Seas

MSNBC reports that several passengers were injured when a fuel tank exploded in the port of Gilbraltar. Cynthia Martinez, a representative Royal Carribean International, stated that the explosion occurred arou-nd 3:37 pm. 12 passengers that were onboard when the explosion occurred suffered injuries such as burns, abrasions, and a dislocated finger. Two passengers who were onshore were also injured. According to The Hibraltar Chronicle, one of them was seriously injured. The cruise ship did not appear to have any significant damage and is now sailing to it’s next port of call, Cannes France.

Many of the major cruise ship lines such as Royal Carribean are based out of Miami and Fort Lauderdale. It is important to be aware of the limitations and releases of liability contained in your cruise ship ticket. One of the most stringent ticket limitations defines where and when you can bring a claim if you are injured while on a cruise. Federal Courts have upheld such clauses as valid. You may be surprised to learn that where you can bring a lawsuit for injuries suffered on a cruise, has nothing to do with where you live, where the cruise originated, or even where the injury occurred.

For more information about a cruise ship injury and advice about an accident claim, contact cruise ship accident lawyer Joseph M. Maus. Mr. Maus offers a free, no obligation consultation to answer your questions and let you know if you have a claim against your cruise line. He is an experienced cruise ship injury claims lawyer who has handled claims ranging from slip and trip and falls, sexual assault, cruise ship viruses and violations of safety and cleanliness standards, injuries during onshore excursions, and many other types of claims which are related to cruise ships. His office handles claims on a contingent basis which means there are no attorney’s fees charged unless a recovery is made on your behalf. Mr. Maus is licensed to practice throughout the State of Florida, in the Southern and Middle Districts of the United States District Court, and is licensed to practice before the United States Supreme Court. Mr. Maus is an AV rated attorney by Martindale Hubbell, the highest legal ability rating awarded, and the highest ethical rating awarded to attorneys.

Fort Lauderdale Beach Accident Highlights Likelihood for Car and Pedestrian Accidents

On Monday morning, two tourists walking on A1A were hit by the Fort Lauderdale Sun Trolley. One of the tourists, Alan George Acheson, suffered leg, chest and neck injuries and was immediately transported to Broward General Medical Center in Fort Lauderdale. The driver of the Sun Trolley was cited for failing to yield the right of way to pedestrians that were in the crosswalk. The Sun Trolley is privately owned by a limousine company and is under contract to transport tourists up and down A1A in Fort Lauderdale.

State Road A1A in Fort Lauderdale has a dangerous mixture of hundreds of pedestrians, crosswalks that are not well marked, and a lot of drivers who are more interested in taking in the sights and sounds of the beach rather than driving carefully. Although some of the crosswalks have small signs which says traffic is to stop for pedestrians in crosswalks, most drivers ignore the signs and the pedestrians.

Pursuant to Florida Statutes Section 316.130, the driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk. It appears the driver of the Trolley failed to obey this statute.
This section also provides that the driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk..

Fort Lauderdale accident injury lawyer Joseph M. Maus is a native of Fort Lauderdale and has represented many pedestrians injured in crosswalk accidents. “The problem is that drivers are just too concerned with getting to where they are going, and driving too fast, to safely watch for pedestrians trying to cross the road. Add in all the scenery there is to watch at the beach on A1A, and the number of tourists walking in the area, and it is only a matter of time before you have a serious car/pedestrian accident.”

Maus previously represented a Canadian woman that was walking through a crosswalk in Fort Lauderdale on A1A. The woman walked out past a tractor trailer that had stopped to allow her to cross the street. As the woman walked into the second lane, a car swerved out from behind the stopped tractor trailer, and drove right over the Canadian tourist.

“The City of Fort Lauderdale had to do a better job of marking the crosswalk areas, and enforcing the traffic laws” Attorney Maus says. Otherwise, it is only a matter of time before the next pedestrian on A1A gets hit.

For more information about Fort Lauderdale accident injury claims, contact Fort Lauderdale accident injury lawyer Joseph M. Maus at (954) 784 6310 or log on to www.mauslawfirm.com.

14-year-old’s leg caught in boat propeller

The Sun-Sentinel reports that a 14-year-old girl was critically injured Saturday afternoon in Juno Beach Pier in Palm Beach County, Florida. According to reports, the girl and her friends were enjoying a day at the beach when a 22-foot white Cobia boat approached them. Despite lifeguards warnings to get out of the swimming area, the boat continued to make its way towards the shore.

The girls were attempting to get into the boat when a wave carried it towards the beach. When they approached it again, an even bigger wave hit the boat, so the driver in an attempt to avoid the boat from getting beached, gassed the engine causing the boat to strike three girls. Unfortunately, the propeller struck the leg of one of the girls, before the boat sped away. The girl whose identity is unknown was airlifted to St. Mary’s Medical Center and is in critical but stable condition. The boat was later found at the Crab House in Jupiter, and two of the people onboard are being questioned.

According to the U.S. Coast Guard, in 2008 there were 4,789 reported boat accidents in the country, which resulted in 709 deaths and 3,331 injuries. The U.S. Coast Guard in the Recreational Boating Statistics 2008 publication found the following:
• Recreational boating accidents caused $54 million of property damage
• More than two-thirds of all fatal boating accident victims drowned
• Among the drowning victims, 90 percent were not wearing a life jacket
• Only 10 percent of the fatalities occurred on boats where the operator had received boating safety instruction
• Seven out of 10 drowning victims were on boats less than 21 feet in length
• Alcohol was a leading factor in deadly boating accidents
• Eleven children under thirteen years of age died in boating accidents
• Open motorboats were the most common type of vessel involved in boat accidents

Attorney Joseph M. Maus states it is critical in a boating accident to determine which laws apply. Depending on where your boating accident occurred, either Florida law, Federal Maritime law, or a combination of both could apply. If you or someone you know has been involved in a serious Florida boating accident, contact attorney Joseph M. Maus.

Red-light cameras reduce fatal crashes

Anyone driving in Broward County recently has probably noticed the surge of “red-light cameras” at every traffic light. Although many might feel as if they are not going to be effective, with 2,558 fatal car accidents in Florida in 2009, something needs to be done to prevent car accidents. According to the National Highway Traffic Safety Administration (NHTSA) in 2009, 676 people were killed and about 113,000 were injured in red light crashes. According to the Sun-Sentinel, a study conducted by The Insurance Institute for Highway Safety found that fatal car accidents dropped 14 percent in 14 cities where red-light cameras are in effect.

Alternatively, The Associated Press reports that a study conducted by the National Motorists Association found that although there is a decrease in deadly accidents, the cameras caused the number of rear-end collisions to rise. Due to the fact that many drivers are distracted, when people see the cameras they slam on their brakes leaving the driver behind them with no time to swerve out of the way.

Florida car accidents often prove debilitating or fatal. Although it too soon to tell whether red-light cameras will truly help reduce the number of accidents in South Florida, drivers need to follow traffic laws and be attentive when driving at all times.

If you have been injured in a car accident, contact attorney Joseph M. Maus to discuss your rights.

South Florida man killed after falling from bike due to rough ground

The Sun-Sentinel reports that 67-year-old Pablo Ocana was riding his bike on the grass along State Road 7 in Hollywood when the ground became rough causing him to fall onto the road. Before he had a chance to get up, he was struck by a station wagon and killed instantly.

The accident occurred just south of Stirling Road near the Seminole Hard Rock Hotel and Casino. Police are investigating exactly what caused Ocana to fall onto the road. It is the responsibility of the land owner to maintain the property in a safe condition and to ensure the land is free of pot holes and other potentially dangerous conditions.

The City of Hollywood Code of Ordinances §157.51 (A), states: The exterior and interior of buildings and structures shall be kept free of all nuisances, and any hazards to the safety of occupants, customers, pedestrians and other persons utilizing the premises, and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include but are not limited to the following:

• Holes, excavations, breaks, projections, obstructions, and excretions of pets and other animals on paths, walks, driveways, parking lots and parking areas, and other parts of the premises which are accessible to or used by persons on the premises.

Apart from an auto accident claim, Ocana’s family might be able to file a claim against the landowner for failure to maintain the land. If you or your family have been injured, contact personal injury attorney Joseph M. Maus to discuss your rights.

Miami hotel where 5 teens were killed had no carbon monoxide detectors

Last month we reported that 5 teens were found dead at El Presidente hotel in Hialeah after carbon monoxide from the car in the garage below them seeped into the room killing them.

This tragedy could have been avoided if the hotel had installed carbon monoxide detectors.
A 2007 Florida law requires that all hotel rooms be equipped with carbon monoxide detectors integrated with the hotel’s existing fire alarm system. Additionally, a 2006 Hialeah Ordinance requires carbon monoxide alarms or gas detectors in homes, apartments and commercial buildings. The ordinance, called Janelle’s Law, is in honor of a retired Hialeah police officer’s 19-year-old daughter that was also killed due to carbon monoxide poisoning.

The city of Hialeah had last inspected the hotel in April 2008. According to the Sun-Sentinel, twice that month a fire prevention inspector flagged missing paperwork on the motel’s fire system and other issues. It appears the city of Hialeah never followed up to ensure the hotel had complied with the requirements.

The family members of the teenagers that died want answers as to why they never complied and why inspectors did not force the hotel to install the detectors. We agree these deaths were preventable had the hotel taken the simple and inexpensive step of installing carbon monoxide detectors.

Cruise vacation ruined for couple

After coming home from Iraq, Johnathan Daponte and his wife Jess decided to take a Royal Carribean Cruise to the Carribean. Instead of relaxing and enjoying their time togther, WHDH-TV reports the couple spent their time using towels to try and stop flooding after a pipe over their cabin broke dumping gallons of water from the ceiling. The water cascade from the ceiling and flooded their cabin and the entire 9th floor of the cruise ship. The passengers stated that they made three emergency calls yet it took over a half hour from the cruise line to send crewmembers to stop the water and fix the pipe. By the time crewmembers showed up, there was about two feet of water in the room.

Despite the fact that the Daponte’s vacation was ruined and many of their belongings were damaged by the water, Royal Carribean showed no remorse. When the Duponte’s contacted the Royal Carribean they were simply offered 50 percent off a future cruise.

Many times cruise ship lines will make low ball offers such as half off cruises or two-for-one vouchers to avoid paying for the actual value of their negligence. Contact attorney Joseph M. Maus for more information on compensation for cruise ship incidents, accidents or cruise ship injury claims.

Pembroke Pines PAL program to teach teens driving safety

The Sun-Sentinel Reports that the Pembroke Pines Police Athletic League (PAL) is starting a prevention program to teach teens about driving safety. According to the Center for Disease Control (CDC), “motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than one in three deaths in this age group.” PAL will host the event at Xtreme Indoor Karting of Fort Lauderdale combining indoor racing with classes covering road rage, DUI, and illegal street racing.

The topics that will be discussed in the event are all frequent causes of Florida car accidents. U.S. 27, a road that is known for illegal street racing, runs along the western edges of Pembroke Pines. In December, three teens were killed while street racing just a week after police had shut down a drag racing event. Additionally, South Florida was ranked by MSN among the top places where you are likely to encounter road rage. Miami was ranked number one in most likely to cut off drivers without notice and 48% of drivers admitted to cursing people out on the road. In September, a 33-year-old man was shot dead in Pompano Beach after a road rage incident.

Information regarding driving under the influence will also be covered, as this is one of the most frequent causes of teen driving fatalities. According to the CDC in 2008, “25% of drivers ages 15 to 20 who died in motor vehicle crashes had a BAC of 0.08 g/dl or higher.” Furthermore, in 2008, nearly three out of every four teen drivers killed in motor vehicle crashes after drinking and driving were not wearing a seat belt.

For more information about Florida car accident laws, contact Attorney Joseph M. Maus.

Florida bill would make parasailing safer

Parasailing is an activity that is enjoyed by many, but it is not without its dangers. Just last year 27-year-old Alejandra White was killed was enjoying a vacation with her fiancé in Clearwater Beach, Florida when the rope between the parachute and the boat snapped. Now, a bill honoring her is being proposed during this years legislative session.

If the “Alejandra White Act” is passed, Florida parasailing operators will be required to do the following:
• Equip their parasail harness apparatus with safety devices which will allow parasailers to quickly release themselves in the event of an emergency
• Monitor the weather and be required to stop parasail operations during high winds
• All parasail boat operators to be licensed by the US Coat Guard
• Carry at least $1 million per person in injury and death insurance

Many places in Miami and Fort Lauderdale beach offer parasailing to both tourists and locals. Sadly, many who have been injured in the past have not been able to receive proper compensation for their accidents.

If you are injured in a parasailing or boating claim in Florida your accident may fall under a number of different laws including Florida State law or Florida maritime and admiralty laws. Contact attorney Joseph M. Maus for any additional information.

Video Surveillance and Florida Workers’ Compensation Claims

Technology is everywhere these days – people are using cell phone cameras on a regular basis, video cameras can easily be carried in a pocket or purse, and more and more companies are setting up video cameras in and around their businesses. These cameras are generally used to help contribute to the safety of employees and the bottom line of the company, as in the case of preventing theft by employees or vendors. But what if you are injured on the job and the company uses video surveillance footage to fight your Florida workers’ compensation claims?

This new approach illustrates the need to have an experienced workers’ compensation lawyer in your corner because employers will do all they can to avoid having to pay for a workers’ comp claim. Several recent cases have involved the employer entering the footage from company surveillance cameras as a defense in order to show that workers are lying about the extent of their injuries. The employers are trying to prove that the worker either “isn’t really injured” or is making more out of their injuries than they should be. This new tactic means that employees will need to be able to explain everything they do after an injury claim is filed, both at work and on their personal time. As an example, in a recent workers’ compensation case in Illinois, the employer entered video surveillance footage of an injured employee being able to get in and out of his car, being able to walk into a store, and being able to squat down to pick something up. The employer claimed this footage showed that the injured worker was making more out of his back and shoulder injuries than necessary. The employee’s lawyer argued the employee’s case and the worker was ultimately awarded disability benefits for 187 weeks.

Video surveillance from the employee’s place of business isn’t the only type of video surveillance that can be used to discredit your Florida worker’s compensation claim. Companies are also using video footage that has been shot by private investigators. Often, this footage can be taken out of context such as when a person has mobility issues due to pain, but is able to move fairly well after taking pain medication. If a video was shot after the pain killers had been taken and the injured worker was able to move more freely, the company would try to claim that the employee was faking.

What does this mean for your workers’ compensation claim? Keep in mind that, even if your employer tries to use video surveillance to try to discredit your claim, the workers compensation judges will listen to both sides of the story. However, to be sure of the best outcome, be sure to hire an experience workers’ comp attorney. Your attorney is on your side and will make sure you get the benefits you deserve for your injury, for future medical treatments, and for loss of wages.

Remember:

• Your employer and their insurance company will not be on your side. They will want to settle your claim for as little money as possible and will be looking out for themselves, not for you!
• You have the right to hire an attorney to help look out for you. If you do hire a lawyer, make sure you hire one that has extensive experience with Florida workers’ compensation claims. They must be very familiar with the Florida workers compensation laws because these laws are complex and are amended by the Florida Legislature annually.
• An experienced workers’ compensation attorney will know how to address video surveillance if it is requested or entered in your case.

For more information about Florida workers compensation claims, contact Florida work accident compensation lawyer Joseph M. Maus at 1-866-556-5529, logon to his website at www.mauslawfirm.com, or email him today.