Charlotte Injury Lawyer Blog

Spring break is right around the corner and many people in North Carolina are looking to flee the cold and cruise down to the Caribbean. For a reasonable price, you are able to visit several locations, enjoy quality dining and entertainment and have nice, though small, accommodations. However, after the recent disaster off the Tuscan coast concerning the Costa Concordia cruise ship, I am sure many people are reconsidering this as a vacation option.

Another thing I am sure of is that many cruise passengers are unaware of what laws govern their rights at sea. People have a general idea of their rights on land, but do not realize that things significantly differ once they step foot on the cruise ship.

Passengers of cruise ships are governed by something called the Athens Convention. The Athens Convention controls the liability of the ship operators for personal injury and property damage sustained by its passengers. It contains everything from standards for establishing liability, statute of limitations, allowable defenses and venue requirements.

The Athens Conventions was adopted in 1974 and severely limits a passenger's rights unless the carrier acted recklessly or with the intent to cause such damage. Specifically, Article 13 of the Athens Convention provides that the carrier will lose its right to limit liability where it is proven that the damage resulted from an act or omission done with intent to cause damage, recklessness and knowledge that such damage would probably result of such actions. The Convention allows cruise liners to limit their financially liability to approximately $72,000.00 per passenger for a personal injury or death claim. This is an extremely low number and in no way adequately compensates a family who's loved one died while on a cruise.

While looking to the current Costa Concordia disaster, I believe those passengers would have an argument that the Captain acted in a reckless manner. It has come to light that the Captain intentionally deviated from their original course, and therefore the Athens Convention is inapplicable.

The attorneys and staff at Hull & Chandler wish you safe travels on any vacation of your choosing. If an accident does occur, contact us at Hull & Chandler, P.A. immediately.

Over the years, technology has made great strides in communication. From the iPhone to Facebook, people are able to stay in touch in ways inconceivable ten years ago. However, with great strides come even greater problems, even for those in Charlotte, North Carolina.

Although the internet has allowed for freedom and limitless sources of information, it has also stolen the privacy we enjoyed once before. Even if you do not have a personal Facebook page, it is very probable that a picture of you is posted on someone else's page. It is important to consider this lack of privacy before you partake in any activity. In the legal world, we are still trying to understand what ramifications the internet will have on our clients' cases. We are slowly starting to see how things such as case law and the rules of civil procedure adapt to the changing times.

Recently, a Supreme Court Judge in New York State's Suffolk County, permitted an insurance company to access a Plaintiff's Facebook history in a personal injury case. This allowed the insurance company to not only access the Plaintiff's current Facebook page, but also all deleted pages and related information. This is a dramatic turn of events as it allows the insurance company to go on a fishing expedition and wave pictures in front of a jury that could be taken completely out of context. For example, a picture of the Plaintiff on a trip that was planned prior to the accident, but occurred after the accident, could be used by the insurance company to show that the Plaintiff is not injured. Even though the Plaintiff could simply be having a "good day," or had just taken their pain medication, the jury may not want to hear an explanation and will have the picture branded in their memories. As a result, the insurance company achieved their goal of not fairly compensating the injured Plaintiff.

What you post on social media sites can also cost you your job. In a recent article published by the Charlotte Observer, a local waitress was fired because of her Facebook status. Managers of the restaurant where she worked let her go because she had violated "company policy against speaking disparagingly about customers," as well as "violated a second policy against casting the restaurant in a negative light on social networks." The waitress had received a bad tip and let all her Facebook friends know about it.

These are just a few examples of how an individual's privacy and life off-line can be affected by the internet and social media. We at Hull & Chandler, P.A. ask that you be cautious with what you post on social media sites and what is posted about you. If you have any questions or concerns about this matter, please contact us here.