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1. No matter how much you bring to the ship the cruise line is only responsible for $100.00 per stateroom in regards to luggage being lost, stolen or damaged.
2. If your cruise ship itinerary does not include any US port then your rights are limited to those permitted under international law....
10 legal things you should know before your Cruise
1. No matter how much you bring to the ship the cruise line is only responsible for $100.00 per stateroom in regards to luggage being lost, stolen or damaged.
2. If your cruise ship itinerary does not include any US port then your rights are limited to those permitted under international law. This means that even if you are killed under the most extreme circumstances (Costa Conconordia as an example) cruise lines not touching an American port only are responsible for a maximum amount of about $60,000.00 in civil damages.
3. If you are injured on a cruise ship most company's limit the place that you can bring the suit to Miami, Florida.
4. If you are injured on a cruise ship most company's limit the court in which you can bring a case. Most require that suits be brought in Federal District Court for the Southern District of Florida in Miami.
5. If you bring a case you must do so within one year. The regular statute of limitations in Florida for negligence cases is 4 years but when you purchase cruise tickets, you agree to be bound by a one year statute. If you fail to file within this time period you are forever barred from bringing a case against the company.
6. You also agree that if you are injured you will send them a notice letter within 180 days of the cruise. If you fail to send them notice within this time you lose all rights and cannot proceed against them in any way.
7. You also agree that if you sue a cruise line that once you do give them proper notice and file within the year that you will serve them with a copy of the lawsuit within 30 days of the filing of the complaint. Again, if you do not meet this deadline then you will be forever barred from proceeding against them.
8. If your case does happen to make it to court then your also agreeing to only ask for your medical expenses and lost wages. You agree when you purchase the cruise tickets that you will not ask for any damages for mental anguish, emotional distress or pain and suffering.
9. You also agree to waive all rights to sue them in a class action.
10. To top it off, you also agree not to publicize any photograph or video taken of the ship or its crew (even if the ship and crew is in the background) and if you do they can sue you and collect fees and costs.
So, happy cruising.
On January 1, 2013, Florida’s personal injury protection law (also known as PIP) was changed by the passage of a new law. PIP benefits are also commonly referred to as “no fault” coverage. This type of coverage has been the law in Florida for over 20 years and has seemed to function well except...
Did you know that Florida Car Wreck Law Changed Jan. 1, 2013-
On January 1, 2013, Florida's personal injury protection law (also known as PIP) was changed by the passage of a new law. PIP benefits are also commonly referred to as "no fault" coverage. This type of coverage has been the law in Florida for over 20 years and has seemed to function well except for some instances of abuse. It works like this: You purchase 10k in PIP benefits and if you are in a wreck (whether you cause it or you are the victim) your own policy made available to you these PIP benefits for medical expenses and lost wages. The "no fault" part of this coverage made it possible for folks to access this money immediately regardless of fault. Medical coverage could be provided and paid for within days and there was little if any barriers to this coverage so long as the charges were reasonable and related. It also paid folks quickly for lost wages again without delays for figuring out who is at fault.
The new statute makes it harder for injured passengers to collect their PIP benefits and makes amount available three times lower in some cases. First, the law requires that a person injured in a wreck must seek treatment within 14 days of the wreck or they forfeit these benefits all together. Second, the statute requires that the initial medical services must be provided by a medical doctor, osteopath, chiropractor, dentist or must be in a hospital or emergency center. Third, follow up care requires a referral and must be found to be related to the condition communicated initially. Fourth, even though your policy makes you pay for $10,000.00 in PIP benefits you are not allowed to access this amount unless the health care provider determines that your injury is an "emergency condition" (acute severity that the absence of immediate medical attention reasonably expects the bring about serious health issues, impairment or dysfunction). If it is not determined to be an "emergency condition" then your PIP benefits are limited to $2,500.00 ( before this new law you were entitled to the full 10k if your injury was related to the wreck and the charges were reasonable and necessary). This new requirement of an "emergency condition" will certainly make it difficult for many patients to afford healthcare even though their own PIP benefits are at issue.
If you have any questions about this new law please call the office at 855-hirejoe.
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Target recalls children's two-piece pajama sets
Buy the kids pajamas this Christmas? You may want to check the label if you bought them at Target. Target and The U.S. Consumer Product Safety Commission recently recalled over half a million children's two-piece pajama sets after failing to meet the federal flammability standards. Consumers can take recalled pajamas purchased August 2012 through November 2012 to their local Target for a full refund.
If you or someone you love has been injured or even killed due to product default, call Joe at (855) HireJoe today for a free consultation.
Click here to view the pajamas.
How do you know if you’re a distracted driver?
Do you text while driving? Talk on the phone while on the highway? Put makeup on while at the stop light? Are there other passengers in the car you talk to? Are you using GPS equipment to navigate? Change the radio stations frequently? Eat breakfast while on the way to work? If you answered yes to any of these questions, you are a distracted driver. Please take a moment to think, does your life depend on sending that text right now, or can it wait until you are out of the car. According to Distraction.gov, in 2010, more than 3,000 people were killed in crashes involving a distracted driver and an estimated additional 416,000 were injured in motor vehicle crashes involving a distracted driver. Don’t let yourself become a part of the statistic. If you or someone you love has been hurt or fatally injured in a car accident, call Board Certified lawyer Joe today to discuss your options at (855)HireJoe.
Health Alert: Ambien Sedative Presents Health Risk
FDA approved Ambien is currently the top selling sleep-aid in the U.S., with millions of prescriptions filled every year. With increased amounts of users of the drug, more cases of unsafe and potentially deadly side effects have been reported. Some of the side effects include:
Memory loss
Daytime sleepiness
Parasomnia (when a person is half asleep and half awake)
Sleepwalking
Falling asleep while operating machinery
Hallucinations
Temporary insomnia
If you or a loved or has suffered serious side effects as a result of using Ambien, call Joe to discuss your options at (855) 447-3563.
Read the full article on LA Times.
How do you know if you can trust a doctor?
If a doctor you’re considering has malpractice cases filed against them, wouldn’t you want to know? New website www.Docnosis.com is dedicated to providing reports of malpractice cases filed against physicians.
More than 40% of all patients become victims of preventable medical errors–don’t let you or someone you love become a part of this statistic. If you believe that you or your child has been injured due to the negligence of a doctor, call Joe for a free consultation at (850) 447-3563.
How do you choose a doctor?
Most common accidents involving children
According to the CDC, in 2009 more than 9,000 U.S. children died from injuries. Accidents and death involving children happen all the time, despite parents childproofing and safety efforts. Read our list of common accidents involving children.
Burns are one of the most common accidental injuries in children. This includes electrical burns, burns from fireplaces, hot liquids, stoves, lamps, matches and lighted cigarettes.
Drowning is another leading cause of accidental death among children. Drowning can occur in bathtubs, swimming pools, open water and even toilets.
Poisoning from ingesting medicines, soaps, perfume, cleaning products and from gas appliances such as stoves and heaters.
Head injuries caused by falls from beds, furniture, stairs, high chairs, and play equipment.
Injured arms caused by picking up a child by one arm or by jerking a child’s arm forcefully.
Choking on toys, food and other small objects.
Strangulation caused by necklaces, clothing, headbands, cords and ribbons.
Injuries to the nose caused by falls, collisions with walls and other children.
Wounds to the skin caused by knives, kitchen appliances, glass, edges of furniture and other objects with hard edges.
Broken bones and sprains from hard falls.
Damage to the eyes caused by dust, sand and chemicals.
Injuries to children are preventable; however injuries are the leading cause of death among children. Help keep our children safe.
If your child has been injured or died due to the negligence of another, call Joe Zarzaur of Zarzaur Law for a free consultation today. You may be eligible for a settlement. Call (855)HireJoe now.
Cyclying accidents and laws
Every year thousands of cyclists are injured in accidents and every 6 hours a cyclist is fatally injured. The most common injuries are sustained due to:
Collisions with other cyclists
Collisions with motor vehicles
Collisions with walkers and runners
Failure for cyclists or drivers to yield at intersections and red lights
Accidents due to drivers under the influence or drugs or alcohol
Florida categorizes bicycles as vehicles, therefore driving laws apply to both cyclists and drivers. Traffic laws in Florida that apply to cyclists include:
Cyclists must obey all traffic controls and signals
Cyclists must use a fixed, regular seat for riding
No bicycle may be used to carry more persons at one time than the number for which it is designed
At least one hand must be kept on the handle bars while riding
Parents and guardians are responsible for children/minors and must see that they follow cyclist rules and regulations
All bicycles must be equipped with a brake or brakes that allow the rider to stop within 25 feet from a speed of 10 miles per hour on dry, level pavement
Joe is an active cyclist and knows personal injury law. If you or a loved one is severely injured or killed in a cycling accident due to the negligence of another, call Zarzaur Law today for a free case evaluation at (855) HireJoe /(855) 447-3563.
Florida Boating & Jet Ski Safety Laws
For the safety of our loved ones as well as our own lives, please educate yourself on the following:
Each individual operating, riding on or being towed behind a personal watercraft must wear a US Coast Guard approved, non-inflatable flotation device (PFD) – a.k.a. a life jacket. Personal watercrafts are defined as vessels less than 16 feet in length and using an inboard motor (i.e. jet skis).
When underway in a vessel less than 26 feet in length, all children under the age of 6 years old must wear a life jacket.
Personal watercraft may not be operated, nor can a vessel pull a skier or riders on a tube, from 1/2 hour after sunset to 1/2 hour before sunrise, even if navigation lights are used.
Both federal and state laws require the use of navigation lights from sunrise to sunset.
A person must be at least 14 years of age to operate a personal watercraft in Florida. It is a second degree misdemeanor to knowingly allow a child less than 14 years of age to operate a personal watercraft.
The operator of a vessel pulling a skier or riders on a tube must either have an observer onboard, in addition to the operator, or have in use a wide-angle rear-view mirror.
It is a violation of Florida law to operate a vessel while intoxicated. For the first offense, a person found guilty is subject to a criminal find not to exceed $1,000.00 and no more than a 6-month imprisonment. The penalty increases for subsequent offenses. A vessel operator is presumed to be under the influence if his or her blood or breath alcohol level is at or above 0.08, the same as if operating a motor vehicle.
You can find Florida Statutes online free at www.leg.state.fl.us./statutes.
At Zarzaur Law, P.A., the firm frequently pursues Jet Ski and parasailing accident claims. The firm is committed to obtaining fair compensation for clients who have been injured and those who have lost loved ones in accidents caused by the negligence of others. If you think you may have a recreational accident or boating accident case, call Zarzaur Law at 855HireJoe/ (855) 447-3563.
Come tag our Legal Graffiti wall January 25!
Gallery Night is finally back!
Zarzaur Law, P.A. and staff invite you to visit Romana Street in downtown Pensacola during Gallery Night January 25 for a chance to create your very own graffiti art.
Grab a paint can and spray your art on the north wall of the law firm. Make sure to snap a picture of your art and tag #LegalGraffiti on Instagram!
Donations will be accepted for the benefit of Legal Services of North Florida, which provides civil legal services to those in our community who cannot afford it.
All spray paint and paper is provided by Zarzaur Law, P.A., and we ask that you do not bring your own spray cans from home. This event is free of charge and is suitable for the whole family.
How long do I have to decide if I want to file a claim?
Were you injured recently but haven’t filed a claim yet? Most claims where there is an injury due to another persons negligence need to be filed within four years. However, there are different rules for different kinds of claims. Below Joe tells you how long you have to decide if you want to file a claim:
If you were in a car accident? Four years. Further, if the injury results in a death then the period of limitations is 2 years in Florida. Please keep in mind that each state has different time limitations and its imperative that you consult with a lawyer licensed in that particular state to find out what the particular time limitations are for your specific injury.
If you were burned in a fire caused by another? Four years, unless there is a death from the fire.
If you were the victim of medical malpractice? Two years. However Florida also requires a significant investigation period before suit can be filed. So this, in effect, makes the statute of limitations less than two years.
If you were injured due to use of a product? Four years unless it causes death, then it’s shortened to two years.
If you were bit by a dog? Four years.
If you or someone you know has recently been injured, call Joe at (855) 447-3563 to discuss your options today. All consultations are free of charge.
Q & A with Joe
Question: I was injured in an accident caused by another person while on vacation in another state. Where should I hire a lawyer—from my home state or state of the accident?
Answer: As a Florida personal injury lawyer it is common to see vacationers injured in many different types of accidents. The most common injury event for those visiting Florida from other states and countries are car accidents, however people visiting are also commonly injured in boating and slip and fall accidents.
So what happens if you’re a resident of another state/country and you’re injured in Florida?
In short, you will need to hire a Florida lawyer if you intend to commence any type of legal action related to the injury. The United States is made up of 50 distinct and separate states each of which has its own sovereign legal system. Florida, just like the other 49 states, has its own constitution and government including a distinct legislative and judicial branch. Florida laws govern the accidents and injuries that occur within its territorial boundaries. Further, if Florida law applies then you must hire a lawyer who is permitted to practice law in the state of Florida. Since each state has its own set of particular state laws nearly every state requires its lawyers to be licensed by that State's Bar. In other words, lawyers can only practice in a state that he/she is admitted to practice law. Each state has very strict rules governing the admission to practice before the courts in that state. These requirements include comprehensive background checks, educational requirements (usually law school accredited by that particular state) and ending in the successful completion of that state's version of the bar exam. A state's bar exam is usually a two or three day exam which mainly covers questions relating to that particular state's laws. The purpose of the bar exam is to insure that before a state licenses a lawyer to practice before its courts that each candidate know that state's laws. This is why then if you’re injured in Florida you will need to hire a Florida Personal Injury Lawyer to pursue your case.
Will pursuing this case be complicated since it is not in my home state?
Since your Florida personal injury will be required to be brought in the state of Florida and many times in the particular county where the injury occurred, it may present some complications if you are a permanent resident of another state. The law related to Florida personal injury law requires that the person bringing the suit (whether they live in Florida or not) must make themselves available in the particular county that they chose to file the case. So, if you’re from another state and end up filing an action in Florida for personal injury, you are submitting yourself to that particular court and will be required to travel to that county for the three or four significant events that are typical in Florida personal injury cases.
Holiday driving safety
Holiday celebrations are great for bringing family and friends together. But, get-togethers with family and friends can turn into tragedies when people are injured or even killed in traffic accidents.
With the holiday season here, motorists need to be watchful of actions that will make holiday travel safer. Drivers can protect themselves as well as passengers by following these holiday travel tips:
Always make sure everyone has their seat belts secure before putting the car in drive.
Keep travel plans flexible. Leave early to avoid the peak traffic hours, when the highest volume of traffic is on the road.
Stay alert when driving. If you get tired, pull off the road into a rest area and get out of the car for some fresh air or a snack. Forty-one percent of fatal traffic accidents are single vehicle crashes. These crashes most often occur during the late night/early morning hours and the late afternoon hours to drivers who are tired, have consumed alcohol, or both.
Watch your speed. Give yourself plenty of time and distance to react to the traffic around you. Allow impatient and aggressive drivers pass you.
If there will be drinking during your get-together, choose a designated driver who will remain alcohol free.
If you or a loved one is injured or killed in an auto accident this holiday due to the negligence of another, please call Joe of Zarzaur Law for a free case evaluation at (855)HireJoe.
Happy Holidays from Zarzaur Law--stay safe!