Florida Insurance Claims Lawyer Blog

In a tragic plane crash that occurred last week, no survivors emerged from the wreckage. According to an article in The Palm Beach Post, the only passengers of the small plane were the six members of the Bramlage family. Ronald Bramlage was piloting the plane while his wife, Rebecca, and their four children were also aboard. Our Palm Beach County injury lawyer appreciates the immense tragedy of these accidents. From a legal perspective we also understand the many different issues that are implicated when these incidents occurred. For one thing, small planes are much more likely to malfunction as opposed to a commercial aircraft. The cause of the malfunction may result in various legal ramifications.

The Tragedy
According to investigations, the plane crash occurred last Thursday at approximately 12:40 p.m. near Lake Wales. The plane went down in a remote portion of the Tiger Creek Swamp. The Bramlage family was en route to Junction City, Kansas after having taken off from Treasure Cay Airport in the Bahamas. Unfortunately, the family's vacation ended tragically when the plane started to break apart in the air at 26,000 feet. Apparently, Ronald Bramlage made a call for help, but authorities were not able to uncover what the problem with the plane was from the mayday call. All that is known at this point in time is that the plane's failure to operate properly caused the machine to crash with such force to create a massive debris field as wide as three miles. One witness to the scene stated that it sounded like the engine had sputtered before it died.

As discussed in a previous post, when something like this happens, one immediately wonders about the cause of the crash. More likely than not, a plane crash is a result of (1) pilot error, (2) mechanical failure, or (3) both. In this particular case, it is a possibility that because the pilot was not a professional but instead a recreational pilot, pilot error could have been the major cause of this tragedy. However, based on what has been uncovered thus far in the investigations, it appears that there may have been some mechanical problems with the aircraft itself. The fact that the plane started to break apart in the air at 26,000 feet makes this possibility even more plausible. Further, authorities have revealed that there was separation of the horizontal stabilizer, which controls the angle of attack for the plane and separation of both wings.

Depending on what further investigations reveal, the manufacturer of the plane may face a strict liability claim from surviving family members of the deceased. If the plane is found to have been defective, then the manufacturer will be held strictly liable for the injuries - or in this case, deaths - caused by the defect. The underlying cause of the crash will likely not be established until investigations are complete, which authorities predict will take about another year.

Liability for Defective Products
As previously illustrated, the small plane appeared to be having mechanical problems before it made impact with the ground. The surviving family members in this particular case will likely have standing to bring a claim against the party responsible for the defective state of the aircraft if any sort of plane malfunction is uncovered. Whenever one is injured in our area in situations where faulty products or parts might be involved, it is important to seek the advice of an experienced Palm Beach personal injury lawyer to evaluate the claim and help in obtaining compensation for their loss.

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The Palm Beach Post reports that a helicopter fell from the sky, hit the roof of a West Palm Beach, Florida home before crushing part of a car and crashing into a yard, officials say. When the helicopter was finally hauled out of the unsuspecting homeowner's yard a sliced palm tree remained in its place.

Nedra Obradovich's roof had a run-in with a small, rented helicopter that landed in her front yard Saturday afternoon. Thankfully no one was seriously injured as a result of the West Palm Beach accident. Obradovich, the pilot and a passenger of the helicopter were able to walk away from the crash, although the pilot and passenger, whose names have not been released, were taken to a nearby hospital as a precaution.

Obradovich expressed enormous relief at her good luck, "I've said it a thousand times, I'm so grateful." The homeowner added that if the helicopter had crashed a few feet in the wrong direction, it would have landed squarely on her house.

She had been working on her computer in the moments before the crash and recalls standing to the roar of something approaching. "It sounded like rolling thunder," Obradovich said. "It was circling."

After the Palm Beach crash, Obradovich found a man and woman walking aimlessly. "I ignored everybody and ran to them. I was concerned," she said. Thankfully there were no broken bones and it wasn't long until everyone was whisked off to the hospital

The long-time Northwood resident believes the pilot may have been aiming for the empty part of her lot to the east of her house, but instead came crashing right beside her home - hitting the car she recently inherited from her mother. "My car actually broke the fall," Obradovich said. "Apparently the helicopter fell on the car and rolled. Luckily the car was there. I never park it there. If it had fallen directly on the land they may not have survived the impact."

Federal investigators examined the wreckage Saturday night and said it appeared the helicopter's engine had failed, Federal Aviation Administration spokeswoman Holly Baker said. The helicopter was about 700 feet in the air before it crashed. The helicopter, owned by the California company Spitzer Helicopter Leasing, was being operated by Ocean Helicopters, a flight school based out of the North Palm Beach County Airport.

National Transportation Safety Board records show helicopters from the flight school have been involved in at least two other accidents in the past 2 1/2 years, one as recently as four months ago, the newspaper said.

Power has since been restored to nearby homes which lost electricity when the small silver and red chopper fell from the sky in West Palm Beach. Obradovich's inherited Ford Fusion appears to have been the only casualty of the crash as it appears to have been totaled. The chopped up palm tree in the front yard has been around since 1988 and may even survive a direct collision with a copter as palm trees can continue living even with their tops chopped off.

Thankfully helicopters falling from sky aren't regular occurrences, yet many other accident do occur with surprising frequency throughout our area. Many local victims suffer personal injury and property damage as a result. Our West Palm Beach injury lawyer is skilled and ready to help regardless of the circumstances surrounding your accident. If you've been injured by circumstances out of your control, please call our Palm Beach injury attorney today for a consultation to determine what your rights are and how to get you the compensation you deserve.

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Like most people, our West Palm Beach injury lawyer is quite familiar with the oft-quoted mantra that "flying is the safest way to travel." Therefore, the rare news of a plane crash is rarely expected, and often startling. Obviously the consequences of these tragedies are severe, with survival only a occurrence for passengers and crew members. Against all odds, however, the pilot of a small airplane that recently crashed onto a local golf course was able to walk away from the wreckage. According to a report from ABC 25 out of Palm Beach Gardens, Florida, pilot Rob Malloy was flying his small aircraft over a golf course when the plane apparently suffered a decrease in power, lost speed, and caused Malloy to lose control. The plane glanced off the tops of some trees, spun around, and then crashed into the ground. Investigators are still looking into what caused the loss in power. Remarkably, Malloy was able to walk away from the crash, and no one else was harmed in the incident.

Many plane crash victims are not as fortunate as Malloy, and when plane crash injuries are sustained in our area, it is important for the victims or the close relatives of the victims to contact a Palm Beach personal injury lawyer in a timely fashion. The attorney will be able to explain the basic legal concepts that underpin all situations and determine what the best course of is to ensure that all of the individual's rights are protected. In general, those hurt in these accidents can seek redress if they can show that another's negligence caused the injuries. However, even in cases that are complex or contain a number of unknowns, the legal system may still be available to those who have been hurt.

For example, in certain types of cases, including but not limited to plane crash cases, it is not always possible to determine the exact cause of an injury or death. For this reason, it is sometimes possible to employ a legal concept called res ipsa loquitur, which means, "The thing speaks for itself." The idea behind this concept is that there are some things that just do not happen without negligence, and therefore, a person who is injured in such a case can rely on a presumption of negligence without having to prove exactly what happened to cause the incident. So, for example, if a commercial airliner were to crash, and the cause of that crash was not able to be determined, a victim could still have a presumption that negligence occurred somewhere along the line to lead to that crash. Because, as a general rule, airplanes do not simply fall out of the sky without some kind of negligence, a crash "speaks for itself."

There are other situations in which res ipsa loquitur may also apply. The availability of a variety of legal tools makes it important for all local victims to seek out a Palm Beach plane crash lawyer as soon as feasible. Our West Palm Beach injury lawyer, Attorney Eric Luckman can assess your case and help you determine what your legal rights are, who is responsible, and whether you should be compensated for your suffering. Sometimes, victims do not realize that they are entitled to compensation simply because they are not sure of the exact cause of their injuries. Taking a few minutes to discuss your case with a lawyer can give you the peace of mind that comes from knowing you have all the facts.

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