Jack Hickey is working with Italian attorneys in order to assist the victims of the recent Concordia cruise ship disaster.  He has been quoted by numerous news sources, including the New York Times.  He has also appeared on ¨Good Morning America¨ and ¨Anderson Cooper 360.¨  Below we have included the 2nd NY Times quote, and a little of the story for context.

But the egregious acts must be the owner’s. If the captain disregarded his duties, the company could argue that it was not responsible for his behavior. To Jack Hickey, a maritime lawyer in Miami who is working with an Italian lawyer to represent Costa Concordia passengers, the cruise line’s responsibility is obvious. Referring to the captain, Mr. Hickey said that the company had “nobody with more authority or responsibility than him” on the ship.

The issues in the case could be shaped by the highly restrictive terms of the contract that every passenger gets with his or her ticket, said Gerald McGill, an admiralty lawyer in Pensacola, Fla.

Cruise contracts are notoriously restrictive regarding the rights of passengers, and Costa’s 6,400-word contract is no exception. The Costa contract sharply limits the kinds of lawsuits that can be brought, where those suits can be brought and how much the company can be made to pay. All such provisions have been upheld in the courts of the United States, he said.

Primary Source: http://topics.nytimes.com/top/reference/timestopics/subjects/c/cruises/index.html?scp=2&sq=jack%20hickey&st=cse

Every form of travel comes with its inherent risks.  Most of the time when we vacation its because we´d like to get away from the everyday stresses which come with life.  Maybe this is a reason why people sometimes cruise or chose other all-inclusive travel, the´d just like to leave most of the worry to someone else.  This is understandable.  When choosing your next vacation, try to follow these basic tips:

1. Weigh costs vs. value

Cost is not necessarily equivalent to value.  For example, suppose you were to take a cruise for the first time ever.  You may be surprised to find that your ¨state-room¨is the size of a sardine can.  Now, many people don´t cruise in order to stay in the room, so that may not matter to them.  But, if you figured you would spend part of your vacation in your room quitely reading your favorite novels, you may be in for a surprise.

You may be able to get a much better deal on the cruise, or on a different type of vacation altogether, for a little bit more money.  Sure, it may cots a little more, but you will get a better value.  Decide what it most important to you first, then research, the purchase the vacation you REALLY want, not the one that is the cheapest.

2. Review the safety record of the establishment/business

Did you know that a Royal Caribbean ship recently FAILED a CDC sanitation inspection?  How does that make you feel, knowing that?  It is very important to research the ship, hotel, or escursion companybefore you give them your business.

3. Discuss safety procedures with your family/group

Before going on your trip, mak a simple safety plan with your family or group.  This should include going over basic saftey advice such as how to avoid strangers and unsafe situations, and what to do if someone were to get separated from the group or hurt.  Each situation will call for a different type of plan, so it is not possible to give all the details here, but the important thing is to have a plan in place.

It´s always fun to play the prdictions game, to make predictions at the beginning of the year and review your predictions the beginning of the next year to see how well you did.  2011 was really a wild year.  It seemed like something was always happening.  The news stories were really too numerous to count, every thing from the Japanese earthquake and tsunami, to Casey Anthony, to the NFL and NBA lockouts.  Just for fun, here are some predictions for 2012.

1.  The world will contintue to be a scary place

The world has been a really scary place lately, since 9/11.  There seems to be no let up in the amount of terror in the news, whether it´s an attempted attack, a war, an economic shock, or a natural disaster.  In 2012, be prepared for anything.

2. The economy will remain stagnant for the average American

The ecenomy has shown signs of improvement, but the average American has probably not seen very much of it.  In 2012, prepare for politicians and economists to try to convince us that the economy is rebounding, while the aver citizen wonders what world they those experts are living in.

3. Carnival will WIN its fight with the citizens of Charleston

Recent political forces have seen the rise of the citizen, with protest movements coalescing around the world.  However, big business still knows how to get things done.  Though it would be nice to score one for the little guy, we expect Carnival to get the better end of any decision rendered in its fight with the citizens of Charleston.  Let´s hope we are wrong on this one.

4. Another major natural disaster is likely

It seems there is at least one major natural disaster per year these days, with most years seeing many more.  Earthquakes, floods, hurricanes and cyclones, and wildfires are all different types of natural disasters that seem to continue to pop up in the news from time to time.  Expect more from mother nature in 2012.

5. Craziness in the run up to December 21, 2012

Many people expect the exnd of the world on 12/21/2012 due to their interpretation of the Myan calendar and other reasons.  Expect the run up to this date to be filled with news stories and all kinds of crazy antics by believers.

What are your plans for the New Year?  Now is a time to make a new start of sorts.  Many of us make New Year’s Resolutions, but do we really live up to them? 

Every year we decide to lose weight, save more money, take more chances and go for bigger goals.  Then, life happens.  It may be as simple as a bad day that throws us off course, or it may be something far more serious, such as loss of work, an injury, or even death. 

No matter what, we have to keep fighting.  We have to fight to be better people.  We have to fight for a better tomorrow.  Never forget these simple words “We fall down, but we get up.”

We here at Hickey Law Frim have been fighting for years to help people get their lives back.  They have been injured in auto accidents.  They have been injured on cruise ships.  They have been sexually assualuted, or even raped.   They have all taken a fall, we help them get back up.

This New Year- celebrate, enjoy with your family and friends.  Pepare yourself for the hard work that the year will bring.  Make your resolutions.  And remember, though tough times will come, you can do it if you refuse to stay down.

Happy New Year!

John H. (Jack) Hickey, the lead trial attorney at Hickey Law Firm, P.A., has been elected without opposition for a third term on The Florida Bar Board of Governors.  The Board of Governors is the governing body of the  more than 90,000 members of The Florida Bar.  The Florida Bar is the organization which licenses and regulates lawyers in Florida and which adopts rules for the practice of law and for judicial administration in Florida.  According to The Florida Bar, “The 52-member Board of Governors has exclusive authority to formulate and adopt matters of policy concerning the activities of the Bar, subject to limitations imposed by the Rules Regulating The Florida Bar. The Board selects the executive director.”  Each Board member serves without pay and without compensation for any travel, hotel, or meal expenses.

Hickey is a Past President of the Dade County Bar Association.  He is Board Certified as a Civil Trial Attorney by The Florida Bar and by the National Board of Trial Advocacy, and has been rated A/V- the highest rating possible—by the international directory of attorneys, Martindale Hubbell, continuously since 1984.  Hickey is the lead trial attorney and founder of Hickey Law Firm, P.A. in Miami, Florida, where he has practiced law for more than 31 years.  He and the other 2 lawyers at the firm practice in the areas of cruise ship accidents, personal injury, wrongful death, premises liability, negligent security, wrongful death, product liability, and complex commercial litigation.  Hickey graduated from Florida State University, Magna Cum Laude and Phi Beta Kappa, and from Duke University School of Law.

John H. (Jack) Hickey, the lead trial attorney at Hickey Law Firm, P.A. and a member of The Florida Bar Board of Governors, has been selected by his peers as a Top Lawyer in the South Florida Legal Guide for 2012.  Hickey appears as a Top Lawyer in two sections, under Personal Injury (Plaintiff) and under Maritime.  According to the South Florida Legal Guide: “This is the original, definitive list of ‘lawyer’s lawyers’ in South Florida, based on a peer nomination procedure.  Our Top Lawyers are well regarded in the legal profession, have many years of experience and a distinguished record of achievement”.

Hickey is a Past President of the Dade County Bar Association.  He is Board Certified as a Civil Trial Attorney by The Florida Bar and by the National Board of Trial Advocacy, and has been rated A/V- the highest rating possible—by the international directory of attorneys, Martindale Hubbell, continuously since 1984.  Hickey is the lead trial attorney and founder of Hickey Law Firm, P.A. in Miami, Florida, where he has practiced law for more than 31 years.  He and the other 2 lawyers at the firm practice in the areas of cruise ship accidents, personal injury, wrongful death, premises liability, negligent security, wrongful death, product liability, and complex commercial litigation.  Hickey graduated from Florida State University, Magna Cum Laude and Phi Beta Kappa, and from Duke University School of Law.

We here at the Hickey Law Firm would like to take a moment out to wish everyone happy holidays.  This is a great times of year to sit back with the family, relax, and enjoy our blessings.  We have an opportunity to celebrate life, and relish in the fruits of a year of hard work.  This is truly an amazing time of year!

We encourage everyone not to forget about the little guy this holiday season.  Most of us in this county have it relatively well, the current financial situation of the country notwithstanding.  But, there are still millions of lonely, hungry, and down trodden, out there, who could use a helping hand.  Let’s not forget about them this holiday season.

Our work is to help those who have been injured, sexually assaulted, or otherwise wronged, on cruise ships all across the world.  We see it as our mission to help bring a little justice to the world.  We feel we are helping to protect the little guy.

But, we are just a part of the equation.  Volunteering, donating, and just having a nice word to say all work wonders.  Let’s take this holiday season to count our blessings, and commit to continuing to make the world a better place.

Happy Holidays!

A couple of days ago we posted this blog about the Charleston cruise ship dispute. We received a response to the blog. It is posted below:

We appreciated your current post entitiled “Charleston Cruse Ship Row Drags On” and your support. However, at one point it suggests that the lawsuit brought against Carnival Cruise Lines is an attempt to eliminate cruise ships from Charleston. This is incorrect, and actually part of the ‘spin’ the SPA, Carnival and the City of Charleston are attempting to put on the lawsuit. We (the plaintiffs) are merely trying to obtain legally binding regulations/standards on the ONLY aspect of tourism in Charleston which is currently TOTALLY unregulated, operating on verbal promises. We believe that the historic nature of the City (which is very small) is at stake, as does the National Historic Trust, and the World Monuments Fund. Both organizations have placed Charleston on a watch list for this very reason. Additionally, the cruise ship terminal’s proposed new location is literally two blocks from an historic residential neighborhood. The City does not collect ANY fees, nor receive any benefits other than potential tourist dollars spent prior to or upon completion of a cruise to the Bahamas or Bermuda. The passengers are essentially using Charleston as a parking lot. We would appreciate you correcting this misinterpretation of the facts. If you would like a copy of our lawsuit, please contact me.

 

Regards, Carrie Agnew

On November 19, after a football game which involved the Florida A&M college football team, Robert Champion died. He was a member of the school’s band, which had played during the halftime show for the football game. University authorities have said that hazing was a factor.

Now, the school is facing a potential lawsuit, because, as spoken by an attorney for the student’s family – the school has a history of hazing.

“FAMU is a great institution, but it’s got a problem, and there’s a culture of hazing in the band. That’s why are intending to file a lawsuit, because we want to help them cure this problem so that no one else loses their life, like Robert Champion,” said Christopher Chestnut, the attorney for the Champion family.

The exact cause of death is a bit unclear. Citing “some dramatic blows, perhaps (having an) elevated heart rate,” Chestnut seemed unsure of exactly how Champion died.

Despite the fact that the exact cause of death seems unclear, four students have been expelled from the school as a result of the death.

No doubt there will be a lot of additional information to come regarding this situation. But, what do know right now is that one young man is dead, and his family has been devastated by his passing.

The questions that still remain are:

• What is the university’s responsibility to prevent hazing?
• According to former band member, the band director had a strict anti-hazing policy. If this is true, is the school still responsible for the actions of the students, even though they are all technically adults?
• If the school is responsible for the death, which are appropriate: civil penalties, criminal penalties, or both?
• If criminal penalties are appropriate, who would be the person responsible? Who should be tried?

A recent study published by Florida State University’s Pepper Institute on Aging and Public Policy calls into question an issue that many of us have thought about before – the proper age to stop driving. With baby boomers, which make up the largest portion of the U.S. population, just beginning to retire, it will be important to have adequate public policies in place to keep older drivers safe.

According to the study, many older Americans do not actively plan for the day in which they will have to stop driving. This was the conclusion of a study of more than 900 Floridians who participated in the 2011 Florida Aging Road User Survey.

Though many people never sit down and plan a particular date on which to stop driving, the study put hard figures behind this common sense notion. Of note, 13 percent of the respondents indicated that they would not stop driving at all. 3 percent actually said that they would die before they stopped driving.

These numbers are hardly surprising. Of the total population in the state of Florida, 18 percent are 65 and older. Many of the Sunshine State’s residents are transplants from other states that came to Florida to live an active life in the sun. The Census Bureau estimates that the 65 and over population of the state will grow to 27 percent over the next couple of decades, making Florida the perfect place to test policy initiatives designed to keep older drivers, and those who share the roads with them, safe.

“Though many aging drivers in Florida view our roads as very or somewhat safe, we found a lot of concern about the other drivers who are on them. People responding to the survey voiced frustration, and sometimes anger, at other drivers who are talking on their phones, texting, or are otherwise being careless while they drive. This concern is being heard all around the country,” said John Reynolds, the Eagles Professor of Sociology at Florida State and director of the university’s Pepper Institute on Aging and Public Policy.

So, what do you think? How should society handle the delicate issue of older drivers? Should there be additional cognitive testing for drivers over a certain age? Would it be fair for seniors to have the additional burden, if the same expectations are not applied to everyone else?

Primary Source: http://www.eurekalert.org/pub_releases/2011-12/fsu-ssm120211.php