February 2012 Archives

February 27, 2012

Investigation Continues Into Costa Concordia Cruise Ship Disaster

As more bodies are pulled from the wreckage, the investigation into the Costa Concordia cruise ship accident continues with more company executives coming under investigation for possible negligent conduct. News reports that just last week an additional 8 more bodies were found and 7 remain unaccounted for.

The cruise ship accident occurred off the Italian Coast a little over a month ago. More that 4200 passengers had to be evacuated after a rock tore a hole in the shop and capsized the boat. At least 25 people have died. As the result of the accident, several civil negligence lawsuits have been filed including a Florida class action lawsuit alleging fraud and gross negligence.

Accidents happen when you least expect them. When accidents happen while on vacation or in a foreign country, those harmed are often confused about where to turn, what help exists and question their legal rights. Consulting with a knowledgeable Stockton personal injury lawyer is an important first step to provide personal injury answers and resources.

Several important issues are raised when boating accidents and cruise ship accident occur, including: Where can I file a boat accident lawsuit? What laws govern my cruise ship claim? Who is responsible for my cruise ship injuries? These are complex questions and require the assistance of a top boating injury attorney. The good news is that in many situations, those injured may be able to recover compensation for the harmed caused.

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February 20, 2012

Worker Killed In Luggage Conveyor Accident

News reports that a U.S. Airways employee has died in a work-related accident. Robert Demarco, a 60-year-old worker, died last week after becoming stuck between the upper and lower luggage conveyor belts at the Phoenix Sky Harbor International Airport. The accident remains under investigation.

Whenever a work place accident occurs, many considerations come into play. It is important for the injured party or the family of a loved one killed in a wrongful death to discuss the next steps with a Stockton workplace accident attorney.

Two separate paths exist to recover compensation when workplace accidents occur. The first, worker's compensation, provides compensation to those injured at work regardless of fault. This means that you don't have to show that your employer's negligence or wrongful conduct led to your harm. Employers are shielded from liability and the injured and/or their families receive a percentage of the employee's salary to cover medical bills and temporary or permanent disability. The amounts collected are generally lower than in a civil lawsuit, but may be easier to recover.

Alternatively, in some work-place accidents it may be possible for an injured party or family member to recover compensation in a "third-party lawsuit." Filing a third party claim may be possible where a party other than the employer is directly responsible for an injury. This may occur in such instances as where the machinery or tools used are defective, or where a third party contractor or property owner create a dangerous condition.

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February 12, 2012

Muni Sued For Negligence Arising Out Of San Francisco Pedestrian Accident

According to reports, a negligence lawsuit has been filed against Muni after a San Francisco Municipal Railway bus driver hit and killed a pedestrian, Emily Dunn, in the city's Castro District. The Muni bus lawsuit alleges fault on the part of Muni officials for placing an inexperienced driver on a new route.

If you or a loved one has been injured in a motor vehicle or pedestrian accident, consulting with an experienced Stockton personal injury lawyer is important to begin an investigation into the various factors that may have caused or contributed to an incident.

Here a complete investigation into the pedestrian accident involves more than just looking at the actions of the driver of the bus - Wallace Loggins. Loggins was charged last month with misdemeanor vehicular manslaughter and pleaded not guilty. He was turning left when he hit Dunn, who was almost across the street when she was struck. Loggins didn't realize he had hit someone until he heard screams from a bystander. According to the wrongful death lawsuit, while Loggins may be partly to blame for this accident, it was Muni's negligence that "caused" the death. By placing a new driver with just eight months experience on a new route, Muni acted negligently and caused the harm. The suit claims that Loggins "did everything he could," but he was on a new route, lost and Muni failed to provide directions.

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February 6, 2012

Costa Concordia Cruise Ship Accident Raises Questions Of Liability And Right To Compensation For Injuries

The recent Costa Concordia cruise ship disaster has raised several questions of liability for the passengers on board and their families, and leaves many future cruise ship passengers wondering about their rights if injured when on a cruise.

The Costa Concordia ran aground on January 13, with a confirmed death toll of 15, with another 17 people still unaccountable. If you've been injured on a cruise ship, the laws that affect you are varied and complex, and may involve both international and local jurisdictional issues. Consulting with a Stockton personal injury lawyer concerning your rights is important to ensure you obtain the compensation you deserve.

Here, shortly after returning home, many of the passengers received phone calls saying that they would be receiving "compensation packages," the details of which were not yet provided. Further, several lawsuits have been filed on behalf of the survivors, seeking millions of dollars in damages. In one Costa Concordia lawsuit, passengers allege breach of contract and negligence. The breach of contract claim asserts that the passengers entered into a contract with Costa Concordia for a safe ride when they bought the ticket and this contact was breached when the ship failed to safely reach its destination. Additionally, the complaint alleges that the cruise ship was negligent in failing to evacuate the passengers in a timely manner and notify them of the danger.

Representatives are seeking damages for emotional distress, medical expenses, and breach of contract.

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