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Florida Parasailing Accident Survivor Speaks Out on Death of Fiancee
A young man who survived a Florida parasail accident that claimed the life of his fiancee recounts what happened that day to a Florida news source.
Shaun Ladd and Alejandra White had gone to Clearwater Beach, Florida, for a day that would include a parasailing trip. The couple approached operators Skyscreamer Parasail. Ladd and White were lifted high into the sky in a tandem parasail rig, which allowed them to fly side by side. Ladd stated that minutes into the parasail ride, the winds picked up and he heard a loud pop -- the sound of the tow rope snapping.
Ladd told the St. Petersburg Times that after the tow line broke, the couple's parachute carried them aloft away from the speedboat, before they drifted back toward the ocean. Ladd landed in the water and broke free of his harness while the parachute carried White toward the beach. White was dragged along the beach, striking beach umbrellas, chairs, and a volleyball net post. White died several days later from injuries including severe brain injury.
An experienced Fort Myers, Florida parasail accident attorney works with families who have lost loved ones or suffered injuries in parasailing accidents.
This latest parasailing fatality has brought the hazards of this form of recreation back into the public spotlight. Safety advocates are calling for greater regulation of parasailing industry practices to protect consumers. Ladd and White were visiting Florida from Georgia and had planned to be married. Though the Florida Fish and Wildlife Conservation Commission and the U.S. Coast Guard continue to investigate this fatal parasailing accident, no charges have been filed and the parasail operator remains open for business.
Related Florida Injury Attorney Blog Entries:
Victim of Clearwater Florida Parasail Accident Dies from Her Injuries
Florida Parasail Accident Update: Investigators Say Tow Rope Broke in Clearwater Parasailing Accident; Victim Still Hospitalized
News Source:
Survivor recalls horror of Clearwater parasailing accident that killed his fiancee
TampaBay.com Oct. 14, 2010
Claims: How To Collect Insurance Money Without A Lawyer
A practical, easy to read, easy to understand guide for anyone with an insurance claim to gather the necessary information, place a value on the claim and present the information to an insurance company representative in a compelling and convincing way. The book explains why, in most cases, a lawyer is not needed to collect insurance money. Included are discussions of bodily injuries, damage to cars, what information is needed to convince an insurance adjuster of the value of the claim and methods of negotiating for the best recovery possible. The best part is that people following these methods then get to keep all the money for themselves instead of sharing up to one-half of it with a lawyer. The book even covers relationships with lawyers, if one has already been hired.Price: $24.95
Slip and Falls on Ice in Maryland-A Slippery Legal Slope!
Posted On: February 8, 2010 by Steven D. Silverman
In the 2008 case of Allen v. Marriott, the Court of Special Appeals came down with a frigid decision for plaintiffs who are injured when falling on black ice. The Court of Appeals denied cert. which means the case is the current law in Maryland.
The facts of Allen v. Marriott are as follows:
David Allen and his wife were guests of a Marriott hotel from Feb. 3 -5. On the morning of Feb. 5, the parties checked out of the hotel. Mrs. Allen went to the hotel’s parking lot to retrieve their car, while Mr. Allen was checking out. She drove the car close to the front entrance of the hotel. Mr. Allen walked out of the main entrance, and then proceeded to walk along the (salted) sidewalk toward their vehicle. As Mr. Allen stepped off of the curb, pulling a wheelie suitcase, he slipped and fell on what turned out to be unseen “black ice.”
The issue the presented to the Court was whether a reasonable person under an objective standard, knowing what the Plaintiff knew, would have been aware of the risk and therefore assumed the risk.
In reaching its holding, the Court discussed the following:
The Maryland law on the defense of assumption of risk in cases involving slipping and falling on ice or snow is totally contained within the three decisions of Schroyer v. McNeal, ADM Partnership v. Martin, and Morgan State Univ. v. Walker. In all three cases, the Court of Appeals held that the plaintiffs, as a matter of law, were aware of and voluntarily assumed the risk, based on the circumstantial evidence of their surroundings.
‧ In Schroyer, the plaintiff injured herself when she walked out onto a parking lot covered with ice and snow. She was aware that ice and snow were slippery, and therefore was aware of the danger posed by an ice and snow covered parking lot. By voluntarily choosing to traverse it, albeit carefully, she intentionally exposed herself to a known risk.
‧ In ADM, the plaintiff was injured when she slipped and fell on an ice and snow-covered walkway as she returned to her vehicle. The Court of Appeals said that, although it had snowed some 19 hours earlier and the precipitation had ceased, ice and snow surrounded the building, particularly the parking lot directly in front of the building and the entrance walkway. The plaintiff was aware of the ice and unplowed snow surrounding the building, but she felt that she could safely enter the building. The Court stated that “there are certain risks which anyone of adult age must be taken to appreciate: the danger of slipping on ice” is one of them. A person of normal intelligence would have understood the danger, therefore the issue is for the court.
‧ In Morgan State, the plaintiff went to visit her daughter on the campus of MSU several days after a heavy snowstorm. After driving across a snow and ice-covered parking lot, the plaintiff walked across the ice, fell, and fractured her leg. The Court of Appeals held that the plaintiff “knowingly and voluntarily walked across a snow and ice covered parking lot and injured herself, she assumed the risk of her injuries as a matter of law.” The Court reiterated that the danger of slipping on ice is one of the risks which any one of adult age must be taken to appreciate.
THIS CASE, differs from the cases above because Mr. Allen slipped on “black ice” (essentially invisible ice), not “white ice” (essentially visible ice) as in the other cases. Therefore, the appellant’s argument is simple: “if a plaintiff looks and cannot see the hazard, the plaintiff thereby has no knowledge of the risk.”
Marriott argued to the Court that that knowledge springs not only from direct sense perception, but from the drawing of inferences from circumstantial evidence. The facts relied on by Marriott are not limited to the observations on the morning of the accident:
‧ When the Plaintiff and his wife arrived at the hotel on Feb. 3, they saw snow and ice in the parking lot. When driving on that parking lot they encountered slippery conditions.
‧ On Feb. 4, the Plaintiff also saw snow and ice on the premises of the hotel.
‧ The Plaintiff had a general familiarity with the phenomenon of “black ice.” He
acknowledged the possibility of “black ice” forming on the premises, as he was aware of the danger of melting and refreezing.
‧ The Plaintiff acknowledge that most of the snow and ice started melting, and that he was sure the temperature dropped to below freezing at some point.
‧ On the morning of the fall, appellant had reason to believe the sidewalk was salted or otherwise treated, but he had no reason to believe that the parking lot itself had been treated.
‧ There was visible ice (white ice), “right up as soon as you stepped off of the sidewalk” and the parking lot was slippery for his vehicle the day before.
The Court stated that when the bits and pieces of information about the appellant’s awareness of risk came together, they were enough, objectively, to achieve critical mass. To assume a risk as a matter of law, a plaintiff, objectively speaking, must have reason to know of the risk (slipping on ice). The required knowledge is not knowledge that ice is actually present. It is the appreciation of the reasonable likelihood that, under the weather conditions and other circumstances, ice might well be present. The assumed risk is not that of stepping on ice per se. The assumed risk is that of stepping onto an unknown surface with an awareness that it might well be icy.
The Court's Holding:
The Plaintiff assumed the risk when he voluntarily ventured away from the main entrance and into the parking lot, because objectively, a reasonable person appreciates the likelihood that, under these weather conditions and other circumstances, ice might be present, even though it is not visible.
As a result, the Plaintiff is completely barred from making any recovery. Unfortunately, many Marylanders are seriously injured when falling on ice. This case makes a recovery very difficult and further demonstrates the necessity for victims to hire a lawyer who understands the law, the issues, and comes up with a well thought-out path to recovery at the onset of the case.
For further information, please contact us for a complimentary consultation.
Florida Nissan Drivers Alert: 2 Million+ Vehicles Recalled for Engine Stalling Issues
If you live in South Florida and drive a Nissan car, pickup truck or SUV, your vehicle might be headed for repairs just in time for the December holidays. Nissan has announced a global recall of 2.14 million vehicles due to an electrical problem that could cause the engine to stall.
Engine stall can lead to motor vehicle accidents.
U.S. vehicles being recalled include Nissan Armadas; popular pickup trucks the Nissan Titans and Frontiers; Nissan SUVs Pathfinders and Xterras; as well as Infiniti QX56s. All were manufactured in the 2000s. See the Nissan Recalls links below for manufacturer years of the affected vehicles and recall campaign numbers, as well as a recall lookup tool. Some models are also having problems with their GPS systems. And the compact boxy Nissan Cube had a recall this past summer for gas storage issues.
A West Palm Beach car accident lawyer has knowledge regarding manufacturer liability if a crash with injury or death occurs due to faulty automotive products or design. This past year has seen a number of massive motor vehicle safety recalls, notably from Toyota -- which included recent recalls of the popular Corolla and Matrix for engine stalling issues.
Defective tire recalls is another area of consumer safety that makes news headlines in Florida and around the U.S. Consumers in South Florida and elsewhere should always register their products with the store, dealership, and/or manufacturer where they purchased the auto or tires to ensure they receive recall notices when a potential safety problem is detected.
The recent Nissan recalls are expected to commence in December.
Related Florida Accident Attorney Blog Posts:
Florida Toyota Driver Notice : Toyota Recalls Matrix and Corolla for Engine Stalling Issue
Florida Tire Safety Alert: Goodyear to Recall Dunlop Tires for Air Loss Risk
Sources:
Nissan Recalling 2.14M Vehicles Globally
Automotive Fleet Top News Nov. 3, 2010
Nissan Extended Warranty: Nissan Recalls
MotorTrend.com: Nissan Recalls
Related Web Resource:
NissanUSA
The Surface Transportation Authorization Act of 2009
On June 24, 2009 the committee that controls the highway and trucking issues in the U.S. House of Representatives (the House Transportation and Infrastructure’s Subcommittee on Highways and Transit) will be reviewing the language contained in the Surface Transportation Act of 2009.
This is a prelude to having the bill passed by Congress later this year. At this point, there is no language included in the bill that would allow increases to truck size and weight. Unfortunately, it appears that Representative Michael Michaud is trying to amend the act to add language that was also included in H.R. 1799 which allowed drastic increased truck weight.
Larger trucks are the last thing we need. They don’t stop easily and tip over more frequently. Their already deficient break systems will fail if more weight is added. The heavier trucks will inflict more damage to roadways and bridges. Heavier trucks will require more fuel consumption and create higher pollution levels.
Call your member of Congress today and urge him or her to oppose any increase in the weight of tractor trailers on our highways. They are dangerous enough as it is - as the daily tragedies on the roads attest.
South Carolina auto accident attorney Michael Jeffcoat represents those who have been injured in car accidents and truck wrecks. For help, just call 1-800-827-7898.
Road Rage and Tractor Trailers are a Volatile Mix - Just Ask Carlos Perez
Imagine, one minute driving along the freeway without a care in the world, and the next minute looking in your rear view mirror and seeing nothing but the grill of a semi truck.
That’s exactly what happened to Carlos Perez of Geneva, New York, on August 21, 2009. Mr. Perez was driving his car with three other passengers, including two children, 12 and 5, on the New York State Thruway. Trucker Ronald J. Constable, Jr. of Earlton, New York was hauling kerosene on the same stretch of road. The trucker came upon Mr. Perez’ car which was cruising at 60 M.P.H. in the passing lane. He decided to "coax" Mr. Perez back into the right hand lane by maneuvering his tractor trailer within a few feet of the car. Mr. Perez responded to the tailgating maneuver by reducing the speed of his car. The truck driver then decided to coax Mr. Perez even further by ramming his Kerosene filled truck into the back of the Perez’ car several times. Mr. Perez pulled over to the side of the Thruway and Mr. Constable followed. Mr. Constable got out of his truck and approached Mr. Perez who was still seated in his car. He then proceeded to beat and choke Mr. Perez in front of the two children.
At this point a passing trooper saw the incident and stopped. The trucker was charged with felony reckless endangerment, endangering the welfare of a child, and harassment.
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