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Captain Schettino of Costa Concordia Remains Under House Arrest

Brett Rivkind — Fri, 10 Feb 2012 17:07:10 GMT

An Italian Court ruled on Tuesday that Captain Schettino must remain under house arrest. He was the captain of Costa Concordia that killed at least 17 people because the captain sailed too close to island. Schettino has been under house arrest since January 17. The Florence Court rejected both sides of the argument in determining the outcome for the captain. According to Fox news “Prosecutors had argued that Schettino -- who is accused of manslaughter and abandoning his ship ahead of his passengers -- is a flight risk and that he should be incarcerated rather than continue to be held under house arrest at his home in Meta di Sorrento, near Naples. On the other hand, Schettino's lawyers argued he should be freed on bail and that he posed no immediate threat of re-offending, as he was suspended from his job as ship captain.”

The captain faces 2500 years in prison if convicted. Schettino could receive an 8-year sentence for each and every one of the 300 passengers left on the ship after he selfishly abandoned. The investigation ended last week leaving 15 people still unaccounted for in this tragic disaster.

Our firm is currently assisting crewmembers and passengers who were onboard the Costa Concordia. We remind everyone that the 30 day time deadline is on Sunday, February 12, 2012, to claims for property loss. We have been helping passengers get this filed.

I have been a Miami maritime and cruise ship attorney for 30 years. This disaster is the worst disaster I have seen during this time. I previously testified in Congress about cruise ship safety, and I am hopeful I will do so again as there definitely needs to be changes made for the safety of all passengers and crew on cruise ships.

Originally posted at InjuryBoard by Brett Rivkind

The Increasing Deaths on Cruise Ships

Brett Rivkind — Wed, 01 Feb 2012 17:22:02 GMT

With the recent Costa Concordia disaster, resulting in 17 known deaths, the spotlight has again been placed on the cruise ship industry regarding safety issues. Over the years, our firm has been reporting on the increased number of disappearances of passengers or crewmembers, or situations involving passengers or crewmembers going overboard. The spotlight was placed on the cruise ship industry following the disappearance of George Smith who is suspected to have been a victim of foul play onboard a passenger cruise ship.

As a cruise ship attorney for almost 30 years, I have seen an increased number of criminal activities occurring aboard cruise ships, along with an increase in the number of serious accidents.

In the wake of the Costa Concordia disaster, there have been two more deaths occur aboard a cruise ship within the span of a few days.

On Friday, it was reported that a 26-year-old man fell and died aboard the Carnival Cruise Lines passenger cruise ship, the Fantasy. He was reported to have fallen from an upper level of the ship to the lobby level.

On Monday, a 47-year-old female passenger on the Royal Caribbean cruise ship Liberty of the Seas died when she fell down a flight of stairs on the ship. Although an initial characterization is made that she missed a step and fell, there are questions arising as to the responses by the medical personnel to her injuries. It will need to be determined whether there was an appropriate emergency response to the medical situation, and whether the failure to receive appropriate medical attention played any part in the death. It will also need to be determined whether the passenger slipped and fell due to any design defects of the stairs, including whether the stairs were unreasonably slippery for a public staircase frequently trafficked by the passengers. Often times, slip and fall accidents aboard the cruise ships are related to some type of design defect in the stairs. The types of design defects that potentially make the stairs unsafe are numerous. This will require an evaluation by an appropriate expert to determine the safety of the stairs. More facts and circumstances will need to be developed to determine the cause of this tragic accident.

As in all of the passenger cases, especially in the wake of the Costa Concordia disaster, anyone bringing a claim for an injury or death to passenger will soon learn about the passenger tickets that are issued which contain significant limitations on the right to bring a lawsuit. These limitations include the location where a lawsuit must be filed. The passenger ticket also contains a time limitation to give notice to the cruise ship company of the claim, and a time limitation in which to file the lawsuit. Many attorneys who are not cruise ship attorneys have mistakenly believed that cases arising from the Costa Concordia must be filed in Broward County, Florida against Costa Cruise Lines. However, the passenger tickets that apply to the Costa Concordia are different than the passenger tickets that are issued to passengers cruising onboard a Costa Cruise Lines cruise ship which sails to or from a United States port. In the case of the Costa Concordia, which never touched a United States port, the passenger ticket has what is called a forum selection clause, which requires lawsuits to be filed in Geneva, Italy.

The courts have routinely enforced the forum selection clauses dictating where the lawsuits must be filed against a cruise ship company. In the case of Royal Caribbean Cruise Lines and Carnival Cruise Lines, the passenger tickets require the lawsuits to be filed in Miami, Florida, and the lawsuit must be filed in the Southern District here in Miami, Florida.

Although the Carnival Cruise Lines passenger ticket requires a lawsuit to be brought in Miami, this requirement does not apply to cruises aboard the cruise ships operated by Costa Cruise Lines. This is despite the fact that Carnival Cruise Lines own Costa Cruise Lines. Costa is a subsidiary of Carnival Cruise Lines. However, the law is clear that parent companies can only be liable for the acts of the subsidiary if you are able to legally “pierce the corporate veil,” which is very difficult to do.

In addition, the passenger tickets issued by the cruise lines contain clauses which prevent the institution of class action lawsuits.

The recent deaths that occurred over the weekend on the cruise ships owned and operated by Carnival and Royal Caribbean Cruise Lines, as well as the recent disaster with the Costa Concordia, again emphasizes the need for increased investigation into the safety onboard cruise ships, and the need for increased regulations of the cruise ship industry.

Our firm continues to serve as safety advocates for those injured or harmed at sea.

Originally posted at InjuryBoard by Brett Rivkind

Cruise Line Ticket Fine Print Could Block Costa Concordia Passengers From Pursuing Damages

Emily Mapp Brannon — Tue, 07 Feb 2012 20:02:48 GMT

After the Costa Concordia disaster, news broke about some injured and severely traumatized cruise ship passengers trying to organize and take legal action against the Italian liner's owner Costa Crociere and its U.S. parent company Carnival Cruises lines. Considering how reckless the cruise ship captain was in operating the vessel and the magnitude of damage, pursuing damages through the civil justice system makes sense.

Many Costa Concordia passengers, however, are discovering that pursuing justice through the courts will be an uphill battle. Many legal experts predict that a successful Costa Concordia suit could not be litigated in the United States even if Miami, FL-based Carnival is named as a defendant. Observers predict that a successful lawsuit will have to be filed in Genoa, Italy. Why? Because of the fine print on the cruise line tickets.

Numerous cruise lines include what’s called “choice of forum” language in ticket contracts. This provision stipulates where any legal dispute must be heard. When you agree to purchase and sign on the dotted line, the cruise company takes that as you accepting all of the provisions in the ticket contract, including provisions blatantly worded in ways that allow the company to reduce or deny liability or which require lawsuits to be filed in areas where the chances of successfully bringing a claim for damages are minimal.

These onerous contractual provisions should not deter injured passengers or family members of passengers who lost their lives in the cruise ship disaster from speaking with a personal injury attorney about their legal options. Just because bringing a case may prove difficult, achieving some semblance of justice is not impossible.

In fact, firm attorney Emily Mapp Brannon is representing two passengers who were on board the Costa Concordia and suffered serious traumas. To learn more, read this Virginia Lawyers Weekly article cruise ship injury lawyer Emily Brannon and her clients

About the Editors: The Shapiro, Lewis & Appleton personal injury law firm, which has offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as pro bono services.

Originally posted at InjuryBoard by Emily Mapp Brannon

Did You Know... Railroad Companies Are Fighting Safety Improvements?

Brett Emison — Mon, 30 Jan 2012 08:27:53 GMT

According to the U.S. Department of Transportation, some 40% of railroad accidents are caused by human error. Starting in 1990, to mitigate these human error accidents, the NTSB put a new system called “Positive Train Control” or PTC on its Most Wanted List of Transportation Safety Improvements. Positive Train Control is a system that will automatically apply the brakes on trains that are about to collide or enter the wrong track, and includes train separation or collision avoidance; line speed enforcement; temporary speed restrictions; and rail worker wayside safety. The system was designed to reduce the number of human errors that lead to train collisions and derailments that cause injuries, deaths and hazmat spills.

After the September 2008 California accident in which a Metrolink train ran a red light and collided head-on with a Union Pacific freight train, Congress passed the Rail Safety Improvement Act of 2008. This bill set a deadline of 2015 for implementation of PTC across some 70,000 miles of America’s rail network. The bill was signed by into law by President Bush in October 2008.

Now, less than four-years later, railroads are fighting back to prevent, scale back or delay the implementation of the law. PTC opponents are citing the $13 billion price-tag, which is to be paid almost exclusively by the railroad companies, as “a regulation that imposes a staggering and unjustified burden” on the railroads.

The railroad companies have won over key Republicans including U.S. Rep. John Mica of Florida, chairman of the House Transportation Committee, and U.S. Rep. Bill Shuster, R-Pa., chairman of the railroads subcommittee. Rep. Mica, who, since 2008, has received campaign contributions of $182,298 from railroad lobbyists, is drafting a surface transportation bill which is expected to incorporate the breaks sought by the railroad companies. He also supports “non-technological” safety solutions which would not automatically prevent human errors. Rep. Shuster, who has received $165,800 in campaign contributions from railroad interests since 2008 supports extending the deadline for implementation of PTC by three years and also supports reducing the amount of track to be covered.

Furthermore, to settle a lawsuit filed by the American Association of Railroads, the U.S. Department of Transportation offered to reduce the amount of track that would be required to incorporate PTC by 7,000-14,000 miles, or 10-20%. President Obama’s Secretary of Transportation, Ray LaHood, claimed that the reduction was in line with the President’s goal of streamlining regulation.

A consistent theme in my blog posts is that companies must not be allowed to value money over safety. This is yet another example of highly profitable railroad companies refusing to put the necessary safeguards in place to reduce the likelihood of accidents, unless we the taxpayers subsidize them.

Follow @BrettEmison on Twitter.

Originally posted at InjuryBoard by Brett Emison

Railroads Pushing to Repeal Safety Laws

Mark Bello — Tue, 31 Jan 2012 08:28:55 GMT

Four years ago, 25 people died and 135 injured in the Metrolink head-on train accident in Chatsworth resulting from an engineer who was texting and failed to see a red signal after pulling away from Chatsworth Station. This fatal accident spurred the Rail Safety Improvement Act of 2008, which mandated a $13 billion project; nearly the entire cost to be covered by the railroad companies. The law requires installation of a technology known as “Positive Train Control” (PTC) on all passenger trains and those carrying extremely hazardous materials. The PTC system includes GPS and wireless communications technology and central control centers that would monitor trains and automatically apply the brakes on trains about to run a red light, collide, or derail. It would prevent train accidents resulting from human error; most often the cause of railroad accidents.

Railroads are required to install PTC by the end of 2015, but the railroads are arguing that the project is unaffordable and still needs to be refined, even though Amtrak already operates a similar system and they are proposing other cheaper, less effective safety measures. Republicans are supporting the resistance by the railroad companies. Rep. John Mica (R) of Florida is pushing to extend the PTC deadline by three years and allowing trains to use non-technological safety systems, which are much cheaper and not as effective especially in cases of human error. His goal: "protect against overly-burdensome regulations and red tape.” According to Citizens for Responsibility and Ethics in Washington, Mica is one of the biggest recipients of railroad industry campaign contributions since 2008.

Rep. Bill Shuster, R (PA) advocates extending the deadline beyond 2015 and reducing the amount of track covered, calling the existing requirements "regulatory overreach." Safety advocates argue that PTC could have saved those killed near Chatsworth, as well as another 28 people who died in train accidents over the past eleven years. According to The Center for Responsive Politics, railroads were the top-contributing industry to Shuster’s 2008 and 2010 election campaigns.

Unfortunately, strong supporters of the PTC have fallen out of the political spotlight. Sen. Dianne Feinstein (CA) was pivotal in obtaining passage of the Rail Safety Improvement Act, but is no longer a leader on the issue or a member of the committee with jurisdiction over railroads. Former Rep. James L. Oberstar, D (MN) was voted out of office in 2010.

The railroads concede that PTC increases safety, but officials say that it only saves four or five lives a year; according to industry officials, that is not enough to justify the cost of compliance under the Act. Am I the only one that finds that appalling? How many deaths, exactly, does it take for strong safety action? My bet is “one”, but it would have to be a close friend or loved on of one of those close to a railroad executive or a legislator voting on a safety measure that would have prevented the death of that loved one. If it was their child, their spouse, their parent, would they act? Would they trade places with Frank Kohler, one of those injured in the Chatsworth disaster? Mr. Kohler suffered a traumatic brain injury after his head was, literally, split open during the collision. “It’s hard for me to believe that anyone can go to Congress and say with a straight face that seven years after the bill passed is ‘not enough time for us to do this,’’’ said James Stem, legislative director of the United Transportation Union.

Once again, big business is attempting to place profits over safety, profits over people. Do I need to tell you that money talks in politics, especially Republican politics? This is another example of large corporations using their power and significant campaign contributions to delay costly safety measures that have been proven to save lives. Although we can’t rely on corporate America to keep us safe, shouldn’t we be able to rely on the integrity of our elected officials? The objective should be to ensure transportation safety whether it automobiles, airplanes, or trains. We need to focus on protecting our citizens against wrongdoers, not on government handouts to safety violators, regardless of their money and power.

Corporate immunity (another form of government bailouts to large corporations) is not the solution; we must hold big business accountable for its own negligence. If this law is deferred, it may very well be on hold indefinitely. Don't let politicians who accept campaign contributions from corporate wrongdoers limit our safety in exchange for huge campaign checks.

You can prevent the erosion of your civil rights, the erosion of the concept of holding one party fully responsible for his/her negligent or deliberate conduct toward another, and the increasing political concept of making the taxpayer pay the cost of negligence on behalf of the guilty, bailed-out, corporations. You can do so by becoming and informed voter and by voting in the public interest rather than the corporate interest. Find out where all of your elected officials, local, state and federal, stand on issues of safety vs. corporate profit at the expense of that safety. Find out where your congressmen and senators stand. Do they stand for the safety of their constituents or do they stand with and accept money from corporate wrongdoers and safety violators? If the bulk of their campaign dollars come from corporate interests or the US Chamber of Commerce, then they will, most likely, vote against safety and for corporate wrongdoers and safety violators. Follow the money, my fellow citizens and if your elected officials oppose safety legislation; if they support restrictions on the right of a citizen to sue for damages done to that citizen or a precious family member, I urge you to vote for their opponents. Our collective vote in support of the rights of people, over the rights of corporate safety violators, is the only way to stop these “profits over people” bailouts. Exercise your constitutional rights and vote!

Ma rk Bello has thirty-five years experience as a trial lawyer and thirteen years as an underwriter and situational analyst in the lawsuit funding industry. He is the owner and founder of Lawsuit Financial Corporation which helps provide legal finance cash flow solutions and consulting when necessities of life litigation funding is needed by a plaintiff involved in pending, personal injury, litigation. Bello is a Justice Pac member of the American Association for Justice, Sustaining and Justice Pac member of the Michigan Association for Justice, Business Associate of the Florida, Mississippi, Connecticut, Texas, and Tennessee Associations for Justice, and Consumers Attorneys of California, member of the American Bar Association, the State Bar of Michigan and the Injury Board.

Originally posted at InjuryBoard by Mark Bello

School Bus Safety

Millie Suk — Fri, 02 Sep 2011 11:52:00 GMT

It’s back to school time, so that means lots of yellow on the roadways – yellow school buses, that is. Now is a great time to review some safety tips for school bus riders, as well as for all drivers on the roads.

Bus Passengers:

- Know your bus number and the bus driver’s name to be sure you are on the correct bus.
- Plan to get to the bus stop early.
- Walk on sidewalks, where available. If there are no sidewalks, be sure to walk on the left-side of the roadway (against traffic).
- At the bus stop, stay out of the street. Stay at least five giant steps away from the curb.
- Before boarding, always be sure the bus driver can see you. Stay at least ten giant steps away from the bus.
- If you have to cross a street to get on or after exiting the bus, wait until the driver let’s you know it’s okay. Always cross in front of the bus.
- Wait for the bus to come to a complete stop before approaching it to get on or before standing up to get off.
- Talk quietly on the bus. Avoid distracting the driver.
- Keep the aisles clear. Place your backpacks, books, etc. in your lap once seated.
- Never talk to strangers at the bus stop. Never get into the car with a stranger.

Drivers:

- Slow down and pay attention. Take extra care to look for children at intersections, alleyways, driveways, and on curbs.
- Do not proceed until children have reached a place of safety.
- Know the law in Minnesota:
o Red means stop. Drivers must stop at least 20 feet away from a bus displaying an extended stop-signal arm and flashing red lights.
o Yellow means slow down, don’t pass. Drivers must not pass or attempting to pass a school bus on the right-hand, passenger-side of the bus when the bus is displaying pre-warning flashing amber signals.
o Violation of these laws is a gross misdemeanor. Violators face a fine of at least $300.

Keep these tips in mind and have a safe and fun school year!

Think about it.

Originally posted at InjuryBoard by Millie Suk

Back to School With Some School Bus Safety Tips

Greg Webb — Wed, 07 Sep 2011 08:30:00 GMT

As the school year begins again, the American School Bus Council (ASBC) wants to draw parents’ attention to school bus safety. As the voice for the school bus industry, ASBC believes school bus safety is of paramount importance. The National Research Council of the National Academy of Sciences’ “Nationwide Safety Record” says that, of the 25 million children who do not ride the school buses to and from school each day, annually there are 448 child fatalities in passenger vehicles with a teenage driver, 169 child fatalities in passenger vehicles with an adult driver, 131 fatalities to pedestrians and 46 fatalities to bicyclists. For the 25 million children who do ride the bus, there were 5 passenger fatalities and 15 pedestrian fatalities at school bus stops.

In the United States today, approximately 475,000 school buses transport 25 million children to and from school each school day. That’s approximately 50 percent of America’s children. In communities across the country, school bus drivers have become trained professionals responsible for children’s safety. School bus drivers now receive specialized training in student behavior, loading and unloading passengers, security and emergency procedures. The school bus industry is mandated to abide by safety, security, health and driver qualification guidelines governed by both federal and state laws. School bus drivers are required to participate in pre-employment and random drug and alcohol testing, frequent driving record checks and background checks, and periodic medical exams in order to retain their Commercial Driver’s License (CDL) with a School Bus endorsement.

To help keep school buses the safest mode of transportation for children to and from school, the ASBC offers the following safety tips for parents, family members, and caregivers to review and teach children who ride school buses:

While waiting for the school bus, children should remain in a safe place away from the street.
Make sure to teach children to be alert to traffic, checking both ways for cars before getting on or off the bus.

Teach your child that before they leave the sidewalk they should look for the flashing red lights signifying that the bus has fully stopped.
Tell children to make “eye contact” with the bus driver and wait for his or her signal before crossing the street.
Teach children always to walk in front of the bus—never behind—when crossing the street.
Teach children never to go near or under the bus to retrieve something they may have dropped.

Always have young children ride the school bus to/from school, rather than riding with teenage drivers or passengers.
Review the school bus safety tips with your children regularly.
Get to know your school’s transportation coordinator and your children’s bus driver(s). They are trained professionals who see your children every day.
By getting to know the parents of other riders, you can learn about the other children who ride the bus with your child, and possibly team with other parents to monitor bus stops and bus routes. You may even want to get a tour of your child’s bus, noting its safety features (some schools offer this on “Back-To-School Night”).
Keep important phone numbers handy in case the bus may be delayed or in the event of emergency.

Originally posted at InjuryBoard by Greg Webb

Keeping Yourself Safe on the Cruise

Michael Roberts — Wed, 01 Feb 2012 12:21:32 GMT

With the unnecessary tragic loss of life in the Costa Concordia disaster near Italy, much attention is now being focused on safety issues for cruise ship passengers. Below are some useful points to keep in mind when deciding to take a cruise.

Before Taking a Cruise

Book your cruise through a trusted travel counselor. Should there be an emergency, the travel counselor can be a trusted ally and provide valuable assistance.

Registering all international travel with the U.S. Department of State’s free Smart Traveler Enrolment Program (STEP) will enable the State Department to provide assistance in an emergency.

Illness can be a big problem aboard cruise ships. If you’ve ever had a Norwalk-like virus you won’t ever want to have it again. Check the cruise ship report card prior to booking a cruise. The Vessel Sanitation Program by the Centers for Disease Control and Prevention (CDC) regularly inspects ships for cleanliness, repair, water quality and more.

Before traveling, scan a copy of your passport and save it in your email so you can access a copy from anywhere. A Gmail account comes in handy for this. Also give a copy to a friend or relative. This will also make it easier to get a replacement should you need too.

Check travel warnings so you are aware of unsafe conditions.

Travel insurance can come in handy should you incur medical expenses, baggage loss/delay. If you do decide to get insurance, make sure you understand exactly what it does and doesn’t cover.

On a Cruise

First and foremost, pay attention to safety instructions and safety drills at the start of the drill and during activities. Ships are required to hold safety drills within 24 hours of boarding new passengers. Knowing what to do in an emergency is important to your safety.

If you have prescription medications you take daily, always have them on you should you get sick or need them.

When booking a tour, consider going through your cruise line. If you do book an independent tour, research it careful in advance. Scalpers are standing by waiting to take advantage.

Before leaving the ship for a tour or excursion, ask the cruise director if there are any areas that you should avoid. They are legally obligated to disclose this information to you.

Which leads to the next point- travel in groups or at the very least with another person, when it is possible to do so.

Discretion is important- don’t carry large sums of cash or wear expensive jewelry. Leave the jewelry at home or in the safe in your cabin. Place money and credit cards in your front pant pockets. If you are using a purse, try to avoid using one with a strap. Remaining low key is the safest bet.

Finally and most important- trust your gut. If something doesn’t feel right, it most likely isn’t. Safety always comes first.

Do have a safe and fun voyage!

Originally posted at InjuryBoard by Michael Roberts

UPDATE: Thomas Stewart, CEO Of Services Group of America Killed In Phoenix Helicopter Crash

Brett Emison — Tue, 16 Feb 2010 10:40:39 GMT

CBS News has confirmed that Thomas J. Stewart, chairman and CEO of the nation's largest food service distributor, Services Group of America, was among those killed in a tragic helicopter crash in Cave Creek, Arizona near Phoenix.

(AP) The owner and founder of one of the nation's largest foodservice distributors was among five people killed in a weekend helicopter crash just north of Phoenix, the company announced Monday.

Services Group of America said in a statement that 64-year-old Thomas J. Stewart died in the crash Sunday. The other four killed weren't immediately identified, but Arizona state Sen. Jonathan Paton on Monday eulogized Thomas, his wife Madena and the couple's 5-year-old daughter on the Senate floor.

A company pilot was flying the copter, but the identity of the fifth person aboard was unclear. The company said authorities were certain there were no survivors.

The National Transportation Safety Board was investigating.

The company-owned Eurocopter EC135 was headed to Scottsdale, Ariz., from the Flagstaff area when it crashed in a rural desert wash, according to the statement. Mechanical failure is suspected because witnesses saw parts flying off the stricken aircraft just before it crashed, according to a Maricopa County sheriff's spokeswoman.

Parts of the helicopter's rotors were found more than a half-mile from the main wreckage, said Thomas Little, an NTSB air safety investigator. He said witnesses reported hearing a popping sound, then seeing the helicopter rotate at least three times before the nose pointed down and it crashed.

Additional details about the crash have not been released.

The six-seat Eurocopter EC135 has a history of mid-air malfunctions and a lack of critical safety features. In 2007, the FAA issued an Emergency Airworthiness Directive for all Eurocopter Model EC135 helicopters. The European Safety Agency (EASA) notified the FAA that an unsafe condition may exist on Eurocopter EC135 and EC635 helicopters involving the failure of a tail rotor control rod. Failure of the rod would cause subsequent loss of control of the helicopter.

There have been several reported crashes of Eurocopter EC135 helicopters:

January 2, 2009: EC135 crashed under unknown circumstances near Molesmes, France, killing the pilot.

May 30, 2008: According to the pilot, the EC135 "just stopped flying" after reaching 75 feet on liftoff.

May 10, 2008: An air medical EC135 crashed into trees, killing the pilot and medical staff onboard. The helicopter was not equipped with a terrain awareness warning system (TAWS).

May 30, 2006: EC135 helicopter crashed trying to land. The pilot reported that during his first approach, the helicopter "shuffled" and the No. 1 engine rpm increased. The No. 1 engine was no longer controlled by the full authority digital engine control (FADEC) system and the pilot had to control it manually. The EC-135P1 CDS variant model differed from the EC-135 variant in which the pilot was trained.

April 21, 2006: An air medical EC135 suffered damage after loss of rotor rpm and a subsequent hard landing.

January 10, 2005: An air medical EC135 crashed into the Potomac River near Oxon Hill, Maryland, killing the pilot and flight paramedic and seriously injuring the flight nurse. The helicopter lacked an operable radar altimeter.

January 3, 2005: EC 135 helicopter crashed after the in-flight separation of a main rotor control link.

Just last year the Wall Street Journal reported on a study that found emergency medical helicopter pilots had the most dangerous job in the United States. Many hospitals use the Eurocopter EC135 as an emergency medical helicopter. The FAA spokesman told the Wall Street Journal that only 40% of US helicopters had been voluntarily outfitted with collision-avoidance systems and only about 11% have data recorders.

What other critical safety devices are missing from these helicopters? Why doesn't the industry do more to protect the users of its aircraft? Is the company putting profits ahead of safety and ahead of lives?

Learn more at our safety blog and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Proposed Legislation Would Prohibit Arbitration Clauses in Cell Phone Agreements

Brett Rivkind — Wed, 05 Oct 2011 16:14:26 GMT

Senator Richard Blumenthal, from Connecticut, and Senator Al Franken, Minnesota, have introduced a bill that would prohibit cell phone companies from placing binding arbitration clauses in the cell phone agreements that result in consumers being sent to binding arbitration in case of a dispute with the cell phone company. The senators have proposed this legislation in response to a recent United States Supreme Court decision that involved AT&T, which upheld an arbitration agreement in the AT&T contract that required the consumer to arbitrate any disputes with AT&T, and prohibited a class action lawsuit or class action arbitration. By requiring consumers to individually arbitrate their claims, which most of the time involves small amounts of damages, AT&T essentially closed the courthouse doors on consumers. The AT&T case stemmed out of a California couple pursuing a class action lawsuit alleging they were improperly charged $30.00 in sales taxes on cell phones that AT&T Mobility Wireless had advertised as free.

Senator Al Franken issued a statement: “This bill makes sure that Minnesotans have the ability to hold their mobile service providers accountable if they are cheated. It also ensures that any dispute resolved through arbitration is truly voluntary, and that consumers are not being forced to into it.”

Arbitration is a common device utilized by companies to require consumers to arbitrate any disputes, denying the consumer their rights to the courthouse and potentially a jury trial regarding their disputes. By banning class action lawsuits, consumers who are cheated, in cases involving small amounts of damages, will have no recourse. It will simply not be affordable for the consumer to pursue an action even if the conduct on the part of the company is improper. This allows big companies, like AT&T Wireless, to get away with the type of improper practices alleged in the class action lawsuit which was eventually dismissed by the court.

Our firm handles many claims involving crewmembers that have suffered injuries aboard cruise ships, and other vessels, including yachts. The cruise ship companies have recently been seeking to deny seamen access to the courthouse, and their right to a jury trial under the Jones Act, by moving to enforce arbitration clauses that are inserted into the seamen’s employment agreement. Despite the fact that the seamen’s employment agreement is a take it or leave it agreement, and despite the fact that there is a total absence of any bargaining power on the part of seamen, the courts have enforced these mandatory arbitration agreements.

The cruise ship companies have quickly jumped on the band wagon of arbitration by now including mandatory arbitration clauses in seamen employment agreements that not only require the seamen to arbitrate their claims, but also these agreements include choice-of-law provisions which deny seamen the benefits of the United States law they are otherwise entitled to. Although such agreements clearly violate the clear language contained in the United States Congressional Act called the Jones Act, enacted in 1920 for the benefit of seamen, these provisions have recently been upheld by the Eleventh Circuit Court of Appeals. We expect increased litigation over these issues in the near future, and movements to enact legislation addressing these issues.

Arbitration continues to be unfair in the context of agreements where one party clearly did not voluntarily agree to arbitrate the disputes. Regarding take it or leave it agreements, where one side has overwhelming bargaining power, these agreements should not be enforced. This proposed legislation involving the cell phone companies recognizes that consumers have no bargaining power when signing an agreement with a large cell phone company such as AT&T.

Similarly, seamen have absolutely no bargaining power when signing an employment agreement with the cruise ship company. Seamen typically leave their country to join a vessel in the United States or another country, and when they arrive onboard the ship they are asked to sign the employment agreement. At that time, there is simply no choice for the seamen but to sign the employment agreement. The seamen are desperate for work. If they don’t sign the employment agreement, they don’t get the work. In addition, seamen, mostly from third world countries, have no knowledge as to their legal rights, nor do the cruise ships bother to inform them of their legal rights. Therefore, any agreement they sign giving up their rights is done with a complete lack of understanding of the terms and conditions set forth in the agreement. Despite this, the courts have been enforcing these unfair arbitration agreements.

Our firm continues to be safety advocates for passengers and crewmembers harmed at sea, and continues to represent those injured in all types of boating accidents, including accidents on pleasure boats, yachts and jet skis.

Originally posted at InjuryBoard by Brett Rivkind