Orlando Personal Injury Lawyer - Mass Transit (Airline, Cruise Ship, Train, Bus)

Officials Release Cause of Tragic Bus Accident

Sandy Grinnell — Fri, 30 Oct 2009 06:05:00 GMT

The National Transportation Safety Board (NTSB) has released its findings on the cause of the bus accident that took the lives of 17 and injured 38 more back in August of 2008. The bus left the highway at about 68 miles per hour, broke through a metal bridge railing and ended up 8 feet below the bridge.

After an extensive review of the crash, it was determined that the bus had been driving for a significantly long distance with an under-inflated tire. The low tire pressure resulted in such a complete tire failure that there was no way the driver could have possibly maintained control of the bus.

The report revealed that number of deaths and the significant injuries were also the result of the fact the brdige railing failed in keeping the bus from plunging over the side. To make matters even worse, the luggage racks inside the bus failed and prevented passengers from exiting and impeded the rescue of the injured.

The most significant recommendations coming from the NTSB were to:

the Federal Highway Administration by increasing the requirements for bridge railings and repair of older bridges, and

the National Highway Traffic Safety Administration (NHTSA) which was asked to impose a requirement that all new motorcoaches over 10,000 pounds have tire pressure monitoring systems, and develop performance standards for the luggage racks. In addition, the NTSB asked NHTSA once again to develop requirements for passenger safety restraints, including restraints for children, on all new buses.

Originally posted at InjuryBoard by Sandy Grinnell

Cruise Ships Have Legal Responsibility for Your Safety

Sandy Grinnell — Mon, 21 Sep 2009 08:47:55 GMT

A cruise is supposed to be a relaxing getaway from the stresses of everyday life. Unfortunately, the injuries that occur on the mainland during everyday life sometimes follow us on board. There are many potential hazards on cruise ships that can injure you and there are many causes. Luckily, rules and regulations enforced by the US Coast Guard and Safety of Life at Sea (SOLAS) have been established to help prevent injuries and fatal accidents at sea. However, injuries can happen even with these rules in place, and you should be prepared.

Common cruise ship accidents include assault by crew members or other passengers, food poisoning, sexual battery, slip and falls, trip and falls, and injuries on excursions. Slip and fall injuries are very common and occur on cruise ships just as easily as they do on land. Several serious fires, resulting in injuries, have also been reported in recent years aboard cruise ships all over the world. Passengers may be trampled during a fire if the crew is unable to manage evacuation at the exits. If the fire is so intense that passengers must abandon ship, they can injure themselves as they depart from the ship to enter a life boat. Passengers may suffer from burns if they are close enough to the flames, but most fire injuries happen during the escape. Passengers may also suffer injuries at the pool, in the gym, or as a result of navigational errors made by the crew. If a passenger visits a doctor while onboard the ship they may become victims of medical malpractice.

The list of possible injuries is never-ending. Cruise ships have as many passengers as small cities, and come with all of the threats and possible I injuries that small cities do. Thankfully, cruise lines and their ships are regulated by maritime law and must adhere to these rules to guarantee the well-being of passengers and crew. If you are still injured, despite the laws put in place for your safety, you should alert the crew and ship's physician right away, photograph the scene, including anything that may have contributed to the injury, take note of the names, addresses, and phone numbers of any possible witnesses, especially passengers and crew that you have been in touch with, photograph the injury (if there is visual evidence), and request copies of your medical records and other documentation prior to the end of the trip. If you suffer a severe injury and you're well offshore or visiting a foreign country, request that the cruise company return you to the US for medical attention. Make sure you hold on to all paperwork from the cruise and make a copy of the incident report. Cruise ships do have a legal responsibility for your safety, but are very reluctant to pay for any damages. Retain as much information as possible and consult your ticket to see if any restrictions apply to file a legal claim.

In the end, we should all be cautious on a cruise line. If an injury does occur, remember to get as much information as possible, and contact an attorney experienced in tourist and cruise related accidents. Don’t let the injury award you deserve sail off into the sunset.

Originally posted at InjuryBoard by Sandy Grinnell

Order is Filed on Emergency Hearing in Disney Monorail Crash

Ed Normand — Sat, 22 Aug 2009 12:16:00 GMT

An emergency court hearing was held on July 14, 2009 in the crash that killed Disney monorail operator Austin Wuennenberg. Although no lawsuit has been filed by the Wuennenberg family, court documents reveal that lawyers for Christine Wuennenberg, mother of Austin Wuennenberg, petitioned the court for a Pure Bill of Discovery, which would allow access to evidence related to the crash. Ms. Wuennenberg’s attorney also requested, in the alternative, that the court grant an Order Preserving Evidence requiring Disney to preserve evidence, as there was reason to believe, based upon public reports, that evidence might be altered or destroyed.

In an order handed down on July 24, 2009, Circuit Judge Cynthia Z. Mackinnon denied the Pure Bill of Discovery requested by Ms. Wuennenberg’s attorneys. In a surprise move, the court also denied the Order Preserving Evidence, which now means, in the words of Ms. Wuennenberg’s petition, that she “will have no adequate remedy at law . . . and . . . will suffer irreparable injury.” The denial by the court is puzzling, as Florida law prohibits Disney from destroying evidence that could be material to any civil litigation. Evidence relating to the crash of the monorail would be material to civil litigation relating to Austin Wuennenberg’s death, and to deny an order requiring Disney to preserve such evidence appears to be inconsistent with Florida law. With evidence such as video recordings, photographs, and audio communications now often stored electronically, it is not unreasonable that a large company such as Disney might eventually re-record over such data. Ordering the preservation of such evidence seems to be the only proper decision in this matter. To its defense, perhaps the Court refused to grant to the order to preserve evidence because it felt that Disney would be subject to sanctions later if, indeed, it destroyed evidence.

Originally posted at InjuryBoard by Ed Normand

Unreported Theme Park Injuries

Ed Normand — Fri, 21 Aug 2009 12:04:35 GMT

We have been blogging a lot about the lack of reporting at the Federal, State and Local level of the injuries that happen at the big theme parks. It turns out that the local fair or a Greyhound bus have stronger inspections, standards and reporting requirements than the big 3 theme park operators do in Florida. In fact, the vast majority of injuries at theme parks are never reported or recorded by any governmental agency.

Lots of folks have chimed in on comments, public and private, who just dont believe that the theme parks have no regulation or reporting of injuries. Attached is a private email to the blog from a woman whose son was allegedly hurt on the way to a ride and you can see how she contends she was treated:

"Subject: Disneyworld
Body: I just saw your piece on the internet about injuries at DisneyWorld. Two years ago, while at Disneyworld with my daughter,her husband and my three grandchildren, it began to pour out so we were heading for a ride that had an awning over it for shelter. My son-in-law slipped on something and fell on top of my then 5 year old grandson. His knee was badly injured and was bleeding quite heavily. I asked the person for first aid assistance and was told no one in the park has first aid equipment and that we would have to take my bleeding grandson through the pouring rain to the front of the park for assistance from their paramedics. You can imagine how incensed I was with this answer. I asked to speak to her supervisor and her supervisor reiterated the same information. My grandson is bleeding heavily and crying hysterically and five of us have to run a mile with him in his dad's arms to some paramedic station that we are not sure where it is located. I put up a fuss and finally they called the paramedics station to come to the ride to adminiter first aid. I tried to notify DisneyWorld of this incident several times but to no avail. They would not return my calls or acknowledge the incident. Fat chance we are returning to DisneyWorld and I tell people all the time. YOU BETTER NOT GET HURT WHILE YOU'RE VISITING THERE."

We do not know her but we have heard of similar complaints. Perhaps if the theme park injures were recorded like every single car accident with injuires is in Florida then these situations could be reduced or eliminated.

Originally posted at InjuryBoard by Ed Normand

Discovery Request Rejected in Disney Monorail Crash

Ed Normand — Wed, 15 Jul 2009 18:01:34 GMT

Lawyers on behalf of Christine Wuennenberg were rejected in their request that a Judge order Disney to allow them access to inspect evidence for potential litigation arising from the death of her son Austin Wuennenberg. Mr. Wuennenberg died while operating a Disney monorail on July 5, 2009. Attorney Christina Searcy filed a Petition for a Pure Bill of Discovery in the case. The Petition is a discovery document that is used to allow Florida Courts to order the production or inspection of evidence in the possession of only one party and is served before a lawsuit is filed. The petition asked the court to allow Wuennenberg to have access to evidence that Disney may have concerning the crash including video of the monorails, audio communication footage, and event recorder or "black box" data storage devices. The petition also sought access to the complete list of witnesses, lists of employees involved in the operation of the monorail and an inspection of the logs of employee whereabouts in the months prior to the crash. The request indicated a concern that the evidence "may be destroyed, erased and/or altered." In furtherance of the apparent suspicion that evidence will be altered or destroyed, the request also sought metadata of digital information in Disney's possession related to the crash.

No official signed order is recorded in the Court files but electronic court records indicate that the request to inspect the evidence was denied. As to the ruling on the alternative request that Disney be ordered not to destroy any evidence, the present Court record is incomplete. It is, however, likely that such a ruling would be entered. It is unlawful in Florida to destroy evidence that is likely material to a civil action before or during a lawsuit.

Florida laws make it very difficult to recover in a wrongful death action brought by the estate of an employee against an employer. Generally the legal standard prevents recovery for anything other than statutorily mandated minimal workers compensation benefits even in cases of clear negligence. In fact, in order to recover against Disney in any eventual lawsuit Wuennenberg will have to prove that the conduct by Disney in causing the death of her son was intentional or substantially certain to occur. That is a very high standard of proof and can even exceed the standard of proof required for even a manslaughter conviction. It is likely that alternative claims may be contemplated against others who potentially contributed to the death besides Disney. For instance, a product manufacturer whose negligence would not be protected by the workers compensation exemptions from civil liability that Disney likely enjoys under Florida law.

The NTSB has investigated the incident but a final report may take more than a year. A preliminary report ruled out mechanical error as the cause of death but continued an investigation into the potential that human error may have caused the crash.

Originally posted at InjuryBoard by Ed Normand

Theme Park Oversight Redux

Ed Normand — Tue, 14 Jul 2009 16:48:48 GMT

Wow did I get a lot of slack for suggesting that, god forbid, the NTSB was justified in investigating the Disney Monorail crash. My point, however, is not to imply that Disney runs an inherently safe or unsafe operation. My point is more, how do we know? Florida and the Federal Government both give the major theme parks in Florida a (no pun intended) virtual free ride when it comes to reporting accidents and injuries. The statutory accident reporting standards and statutory ride inspection systems for the Big Three theme parks in Florida are less than those for the merry go round at the County Fair or the local trolley in tourist town.

My point, therefore, is not that they are unsafe but that really nobody knows. I have sued Disney for injuries allegedly sustained on the Disney transportation system which I know for a fact were never reported by Disney to anyone despite that they knew of the injury immediately. The same is true for lots of lawsuits against the parks on lots of rides. So for everyone out there who comments that they love Disney and therefore it must be safe, my question is: How do you know? I sure don't and I have tried hard to find out. I can look up every injury on a Delta Airlines jet compare it to an American Airlines jet and decide which airline I wish to patronize. I can research public accident reports on pretty much every public bus injury. You just try and find out how many injuries have been alleged to occur on a particular ride. If you can find that out then you are better than any lawyer I know because our judicial system has also recently bent over backwards in local District Court Opinions that protect from discovery the secrecy of the number and type of other accidents at theme parks even in a lawsuit alleging injuries on the same ride or event.

Alas, we are thus stuck with taking the corporations at their word when they say that all they do is good and safe, fun and wonderful. Sounds a bit like our friends the bankers and the insurance companies. "Trust Us." That is why I am just asking for the theme parks to tell us who gets hurt and when and how. This is required in every single car crash in Florida, on every fair ride injury, why not then in the big theme parks? You would think, if the parks are as safe as these commentators shout, that they would proudly blast these statistics all over to show just how safe they are. I mean if there are no injuries, no accidents, then why not tell us? Who knows, they could even have rides with 5 star safety ratings and 4 star ones? I am being silly now, but seriously, with a ride reporting system then, like me, you could decide if you want to risk your little girl getting her face gashed and permanently scarred for life on a ride that does that. I know about that ride because I represented her. You don't because the cases are all made secret when resolved. My daughters won't ride that ride, I know some park employees’ kids won't either, and I just think you should have access to the same knowledge so you can make the same informed choice.

Originally posted at InjuryBoard by Ed Normand

Disney Monorail Crash and Theme Park Oversight

Ed Normand — Mon, 13 Jul 2009 12:22:36 GMT

In a recent tragic theme park injury a 21 year old Disney employee was killed while operating a Monorail that collided with another Monorail in the Magic Kingdom in Orlando. After the crash the NTSB took jurisdiction and began its own investigation into the crash. Finally we will have some independent evaluation and oversight of the safety procedures at the big Florida theme. We have discussed many times in this blog that the theme parks in Florida have minimal oversight or independent governmental inspection of their safety. Again, why should the big three theme parks that cater to millions of residents and tourists be subject to less governmental safety oversight than is provided to the local County Fair?

In addition to the lack of governmental regulation, Florida has civil laws that bend over backwards to favor the theme parks over consumers. As an example, take the law of Common Carriers. Legally a common carrier is subject to an extremely high duty of care, that of a very careful person. As they should, after all, by offering to transport passengers for a fee they are subjecting them to the very real dangers of high speed traffic. In California, the theme parks are considered common carriers and subject to the high duty of care. Not so in Florida. Here the theme park transport systems and rides are not considered to be operated as common carriers and are not subject to the very careful person standard. Instead, the theme parks get away with the same standard of care in operating the transport systems and rides as the everyday motorist. Surely one would expect these large operations to be held at least to the same standard of care as, say, a Greyhound bus. Sadly they are not.

Perhaps with the intervention now of the Federal Government we can get some oversight and safety nets in place at the big parks.

Originally posted at InjuryBoard by Ed Normand

NTSB Chairman Speaks to New Jersey Motorcoach Association

Sandy Grinnell — Thu, 05 Jun 2008 08:42:18 GMT

The Honorable Mark V. Rosenker, Chairman of the National Transportation Safety Board was the key note speaker at the annual meeting of the Greater New Jersey Motorcoach Association yesterday. In his address, Mr. Rosenker made mention of several serious bus crashes that the Board is either currently investigating or has investigated in the past and made recommendations to the motorcoach industry and the National Highway Traffic Safety Administration.

The Greater New Jersey Motorcoach Association has as its members bus owners and operators from the New Jersey area whose purpose is to "promote the betterment and welfare of our industry, members and the objectives of the the association" and to take "proactive steps in promoting safety in the motorcoach industry by sponsoring safety workshops for bus drivers, driver excellence award programs and inspection workshops."

Mr. Rosenker spoke ofa bus accident which occurred after a bus driver neglected to move to the center lane and struck the lower part of an overpass in the outside lane while talking on a cell phone headset. The NTSB recommended that bus drivers of commercial motorcoaches or school busesshould not use cell phones will driving, except in emergencies.

During the evacuation of the elderly from the path of hurricane Rita near Dallas, TX, a bus caught fire. The Board determined that most of the elderly were not ambulatory and unfortunately twenty-three of them died on the bus. After completing its investigation, the Board recommended several fire prevention measures dealing with the fuel system, monitoring of the wheel well temperature and evaluating bus emergency exit procedures.

The Board's ongoing investigations include the bus accident involving the Bluffton University baseball team, a bus carrying a high school band that struck an overturned semi on I-94 in Wisconsin, and a bus that rolled over, ejecting passengers that resulted in fifteen deaths.

Mr. Rosenker's point of discussing these accidents was not to chastise or berate the bus owners but to stress the importance of learning from these accidents and developing equipment safety features and policies and procedures to prevent these types of accidents from happening again. He finished his speech with the following quote:

"Remember - to do nothing is irresponsible and to rely on fate to prevent the next accident is foolishly complacent."

Originally posted at InjuryBoard by Sandy Grinnell