Resort Injury Lawyer Blog

Labor Day travel is expected to take more than 34.4 million Americans 50 miles or more from home this year. Florida Trend Magazine reports that 3.9 percent more Floridians will travel this year, compared with Labor Day in 2009. Travel to Orlando is already on the increase this summer and Orbitz.com ranks it in the top ten destinations for Labor Day, based on bookings.

While enjoying your holiday weekend away from home, be mindful that when vacationing, we are by nature less attentive to dangers. We are often in a new place, distracted by amusements and sights, and are focused on enjoying the surroundings. Accidents and crimes can, and unfortunately do, occur. When something goes wrong and the fun comes to a screeching halt due to an accident or a crime, it's important to know how to manage the situation in order to properly identify liabilities and recover your losses.

Resort Torts are instances of civil liability for negligent or intentional acts that arise out of a resort, vacation or recreational setting. They involve hotel-motel safety; cruise ship accidents; pleasure boating and jet ski incidents; amusement and theme park liability; aquatic, diving and swimming incidents; gaming and casinos; plane crashes; rental car liability; moped, bicycle and motorcycle safety; buses and tour guides; medical care provided to vacationers; and more.

Here are a few liability parameters to keep in mind, should you find yourself in an unfortunate situation while on vacation:
- Hotel owners and operators are bound by law to keep their premises safe and free from obstruction or danger.
- Owners of hotels and resorts, golf resorts, amusement or theme parks, etc. must display timely and clear notice of any danger that could be unknown to a guest.
- Owners and operators of hotels, resorts and amusement parks are liable for the acts of their employees and respective agents.
- If you sign a liability release for an activity offered by a park or resort, it must be clear and unequivocal regarding the specific risks related to the activity offered.
- Premises liability can come into play in incidents involving violent crime assaults due to negligent security or insufficient lighting, dangerous products, pool and spa tragedies, transportation negligence (plane/car/bus/taxi crashes), boating accidents, medical malpractice provided by an 'innkeeper' (hotel/motel) or cruise ship, and many others.

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Atlanta and Miami are both investigating the cause of captive wild animals escaping their cages. Zoo Atlanta found a venomous rattlesnake after it escaped, toured the neighborhood, and was killed by a nearby property owner. Zoo officials said a cage door was not properly secured by a staff member, according to the Associated Press.

Miami's Jungle Island had a larger problem when a 500-pound Bengal tiger leapt over a tall fence, provoked by a small ape that snuck out of his own cage. The Miami Herald reports that Florida Fish and Wildlife Conservation Commission spokesman Jorge Pino said: "We're investigating escaped captive wildlife, which is a violation of the law. It is fair to say someone would be found responsible."

The animals did not injure park visitors, but four people were treated for minor injuries resulting from the chaos following the incident at Jungle Island. A fifth person was transported to a Miami hospital after suffering a panic attack.

This gives a whole new meaning to "Litigating Premises Security Cases."

Related case law for negligent security and personal injury:

Continue reading "Tourist Injuries Minimal After Wild Animals Escape / Litigating Premises Security Cases" »

"Terminal Velocity," a so-called amusement ride at Extreme World in the Wisconsin Dells, caused a young tourist to plunge 100 feet to the ground, leaving her paralyzed, unable to speak, and with a hole in her stomach through which she is fed. The 12-year-old Parkland, Florida girl had seen the ride on a Travel Channel program that called it the world's largest unattached free-fall ride. The ride's safety net designed to break the fall, did not catch her, reports The Miami Herald.

The ride's operator, a park manager, immediately admitted he just blanked out and didn't know why. He failed to wait for his co-worker's signal below indicating that the safety net was up, before releasing the rider. In Wisconsin, the district attorney has charged the operator with first-degree reckless injury, a felony that could lead to 25 years in prison. In South Florida, a multimillion-dollar lawsuit is being prepared against the ride's manufacturing company and designers.

Amusement Park Jurisdiction

Regarding this type of Resort Tort there is no federal agency with jurisdiction over fixed amusement rides such as theme parks. That is left to state and local authorities to inspect, monitor and regulate. The U.S. Consumer Product Safety Commission (CPSC) has jurisdiction over mobile rides, such as those found at fairs, carnivals and parties. According to the CPSC, in 2004 mobile amusement rides resulted in 2500 injuries requiring emergency room treatment. In that same year, the CPSC estimated 3400 such injuries at fixed site rides during the same period.

Of course, the owner/operator of a hotel, resort, amusement of theme park is subject to the law of respondeat superior and actual and apparent agency to the same extent any other employer is. Therefore, they are liable for the negligent acts and omissions of their employees and agents.

Amusement Park Injury Reporting

In 2001 the amusement park industry trade group, The International Association of Amusement Parks and Attractions (IAAPA), began producing its own injuries-per-ride-cycle figure for amusement rides (roller coasters, Ferris wheels, etc.) operated at fixed site locations. Their methodology is that IAAPA asks its members each year to report the number of riders they've processed through the turnstiles of their mechanical amusement rides, and the number of customers they know of who were treated by a doctor for injuries caused by any of those rides. They then come up with a number of patron rides taken each year, and an aggregated count of ride-related injuries parks reported knowing about.

This reporting system does not collect any information useful for analysis of accident patterns or development of prevention strategies. No information is collected that would identify the ride, the park, the age/size of patrons involved, the type of accident, or the injuries sustained. IAAPA's "honor-system" accounting of guest injuries that have been reported back to the amusement parks is lower than the CPSC's estimate of the number of amusement park patrons actually treated for ride-related injuries in emergency rooms. Since it is the industry's trade group that is putting this together, there may be an incentive to minimize the risks.

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The International Cruise Victims Association (ICV) represents victims of crime on cruise ships, their families and friends, and individuals concerned about the problems of victimization and disappearances on cruise ships. The organization advocates for legislative reform to protect passengers from crimes and increase the rights of victims of crimes that do occur on cruise ships, and provides support to victims of crimes occurring on cruise ships.

The goal of the organization is to contribute to growing a cruise industry where passengers and crew members are safe and secure from victimization while on board a cruise ship. ICV has given cruise crime victims a forum to tell their stories and inform the public that there are serious issues that need to be addressed by lawmakers. Media around the world and lawmakers are taking notice of the need for cruise industry reform.

The National Association for Victims of Crimes and the Rape, Assault, and Incest National Network (RAINN) have joined ICV in the effort to promote reform to the Cruise Line Industry.

The National Crime Victim Bar Association is a network of attorneys and allied professionals dedicated to facilitating civil actions brought by crime victims. Crime victims may be able to file civil lawsuits against perpetrators and responsible third parties for the damages the victims suffered as a result of the crime. Personal injury attorney John Elliott Leighton serves on the Advisory Board of the National Crime Victim Bar Association.

Following up the report Gulf Oil Spills Into Lawsuits, it seems BP LLC is starting to take action, but not all of it is welcome.

The Orlando Sentinel reports that outside Florida's panhandle BP has denied claims, despite major losses to tourism-based businesses. Chairman of the Florida Restaurant & Lodging Association Keith Overton affirms that BP denied a claim by a resort property where oil had not reached its beach. The $2 million claim was based on a documented loss of revenue compared to revenues from the previous three years.

The State of Alabama has reportedly filed a claim with BP for approximately $148 million to restore what was lost in its tourism economy and the tax revenue it generates.

The predicted legal cost to BP is more than the $20 billion the company has promised for a claims fund, reports Reuters. A federal panel will oversee hundreds of lawsuits from hotel owners, fisherman and injured rig workers. About 300 lawsuits have been filed to date, with tens of thousands of people estimated to have retained a lawyer but not yet sued.

Time will tell how many of the lawsuits will involve personal injury. Injuries have been reported and photographed since May.

A New York family vacationing at the Summer Bay Resort near Orlando, Florida lost a child in a tragic drowning this week.

The Orlando Sentinel reports that the four-year-old boy was at the resort pool with his grandmother and other children around midnight. The grandmother took the other children to the bathroom and approximately three minutes later returned to find the boy underwater. Lake County deputy sheriffs and paramedics who arrived on the scene were not able to resuscitate the child.

According to the U.S. Centers for Disease Control and Prevention, drowning is the second-leading cause of injury-related death among children under the age of 15. Florida is one of 10 states where drowning surpasses all other causes of death to children age 14 and under. Most young children who drown are out of sight less than five minutes, and in the care of one or both parents at the time. Barriers, such as pool fencing, can help prevent children from gaining access to the pool area without caregivers' awareness. In 2007, there were 3,443 fatal unintentional drownings in the United States, averaging ten deaths per day.

SeaWorld said it will challenge the findings of the U.S. Occupational Safety and Health Administration's six-month investigation of a killer whale trainer's death. The Orlando Sentinel reported that the investigation concluded in a proposed $75,000 fine and proposed restrictions. The trainer's death in February has been called the worst tragedy in SeaWorld's 46-year history.

OSHA cited SeaWorld with one "willful" workplace-safety violation due to "known aggressive tendencies" from previous incidents and continued "unprotected contact" by trainers. Two lesser citations included one for not installing stairway railings on two bridges on the stage used for "Believe" killer-whale shows, and one for the lack of weatherproof enclosures on the outdoor electrical receptacles around SeaWorld's orca complex.

OSHA recommended that SeaWorld trainers never again have direct contact with Tilikum, the whale who drowned trainer Dawn Brancheau on February 24. OSHA also recommended that SeaWorld implement new safeguards before trainers are again allowed to swim or work in close contact with smaller killer whales.

In a prepared statement, OSHA said: "SeaWorld recognized the inherent risk of allowing trainers to interact with potentially dangerous animals. Nonetheless, it required its employees to work within the pool walls, on ledges and on shelves where they were subject to dangerous behavior by the animals."

OSHA added that "...SeaWorld trainers had an extensive history of unexpected and potentially dangerous incidents involving killer whales at its various facilities....Despite this record, management failed to make meaningful changes to improve the safety of the work environment for its employees."

SeaWorld issued a statement in response: "SeaWorld disagrees with the unfounded allegations made by OSHA today and have already informed the agency that we will contest this citation. OSHA's allegations in this citation are unsupported by any evidence or precedent and reflect a fundamental lack of understanding of the safety requirements associated with marine mammal care."

SeaWorld has 15 working days to formally challenge OSHA's findings. An appeal would go before the independent Occupational Safety and Health Review Commission, an administrative court overseen by a three-person commission appointed by the president.

Disney has been sued by a Pennsylvania tourist alleging negligence, battery, negligent infliction of emotional distress, and intentional and reckless infliction of emotional distress - at $50,000 a pop. The woman claims that her breast was groped by the person in a Donald Duck costume whom she had asked for an autograph. The $200,000 civil lawsuit originally filed in Pennsylvania's Court of Common Pleas in December 2009 has been transferred to Philadelphia's federal court after a request from Disney to move it there.

The lawsuit also states the Orange County Sheriff's Office has received 24 complaints alleging similar acts by costumed characters since 2004, according to The Orlando Sentinel's report of the case. A Sheriff's Office spokesman said that sex-crimes investigators are working on providing an official count. In 2004, a person dressed as Tigger was accused of groping a 13-year-old girl and her mother at Magic Kingdom's Mickey's Toontown Fair.

Resort Torts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. Negligent security cases involving hotels, resorts, and amusement and theme parks typically involve criminal assaults, including robberies and sexual assaults. The law governing negligent security cases is largely derivative of general premises liability law. The general statement of law is that one who possesses property (landlord/owner/lessee) owes a duty of care to the public (visitors, guests, invitees) to eliminate and protect them against accidental, negligent, and intentional acts of third parties. See generally, Restatement (Second) of Torts, § 344 (1963) (land possessor entreating members of public to do business is subject to liability to public for physical harm caused by intentionally harmful acts of third persons on property and by land possessor's failure to exercise reasonable care to provide adequate warning or protection).

The Disney lawsuit states that "[Disney] has engaged in a practice of placing corporate profits over public safety while attempting to cover up continuing, long-standing similar prior incidents."

Nineteen people were treated for injuries at an amusement park in Morrison, Colorado after a miniature train tipped over during a ride. According to CBSnews.com, fifteen of the injured, from children to grandparents, were taken to hospitals although reportedly most injuries were just bumps and bruises.

YouTube video shows aerial views of the derailed train and what appears to be park workers and rescue crew walking around it to see how it happened.

Amusement Park Jurisdiction

Regarding this type of resort tort there is no federal agency with jurisdiction over fixed amusement rides such as theme parks. That is left to state and local authorities to inspect, monitor and regulate. The U.S. Consumer Product Safety Commission (CPSC) has jurisdiction over mobile rides, such as those found at fairs, carnivals and parties. According to the CPSC, in 2004 mobile amusement rides resulted in 2500 injuries requiring emergency room treatment. In that same year, the CPSC estimated 3400 such injuries at fixed site rides during the same period.

Of course, the owner/operator of a hotel, resort, amusement of theme park is subject to the law of respondeat superior and actual and apparent agency to the same extent any other employer is. Therefore, they are liable for the negligent acts and omissions of their employees and agents.

Amusement Park Injury Reporting

In 2001 the amusement park industry trade group, The International Association of Amusement Parks and Attractions (IAAPA), began producing its own injuries-per-ride-cycle figure for amusement rides (roller coasters, Ferris wheels, etc.) operated at fixed site locations. Their methodology is that IAAPA asks its members each year to report the number of riders they've processed through the turnstiles of their mechanical amusement rides, and the number of customers they know of who were treated by a doctor for injuries caused by any of those rides. They then come up with a number of patron rides taken each year, and an aggregated count of ride-related injuries parks reported knowing about.

This reporting system does not collect any information useful for analysis of accident patterns or development of prevention strategies. No information is collected that would identify the ride, the park, the age/size of patrons involved, the type of accident, or the injuries sustained. IAAPA's "honor-system" accounting of guest injuries that have been reported back to the amusement parks is lower than the CPSC's estimate of the number of amusement park patrons actually treated for ride-related injuries in emergency rooms. Since it is the industry's trade group that is putting this together, there may be an incentive to minimize the risks.

The Deauville Beach Resort on Miami Beach has closed several areas of the hotel due to code violations including problems with a fire alarm system and the capacity of exit areas in the hotel's ballrooms and theater. While The Miami Herald reported a couple's misfortune of sorting out the relocation of their wedding ceremony to the hotel's basement sandwich shop, the Deauville is rightfully taking steps to protect itself against potential liability issues.

The code and life-safety issues that threaten shutting down the historic hotel, where, in 1964 The Beatles performed on The Ed Sullivan Show, raise the liability flag. As a general rule, property owners have a duty to keep their premises in a reasonably safe condition to protect guests from dangers of which the owner is aware, should be aware, or might reasonably foresee. Some premises security cases turn on the issue of foreseeability. Should the hotel, resort or other establishment have been able to foresee the possibility of a violent crime or other incident?

The first duty of a property owner is to eliminate or guard against harm. If that is not possible, the owner has a duty to warn guests of hidden dangers. An effective warning is one which is clear and gives the consequences for failure to follow the warning. By closing off areas of foreseeable risk and possible danger, the hotel is appropriately taking measures to help guard against liability issues.

Following are several examples of relevant case law:

Continue reading "Resort Takes Steps to Guard Against Liability / Premises Security Case Law " »

A California man rented snorkeling equipment from the Breakers resort in Palm Beach where he was attending a conference, and died while snorkeling in eight feet of water. Neither of his snorkeling companions noticed him in distress in the water but a hotel guest had seen him in the surf and alerted hotel security about a potential problem. The man had been snorkeling the previous day.

The Palm Beach Daily News reported that a Breakers lifeguard and a hotel vendor pulled the man from the water at the north end of the resort after the vendor saw him drifting away from the reef and his snorkeling companions. After an unsuccessful resuscitation attempt by the lifeguard, Palm Beach Fire-Rescue arrived, administered CPR, and took the man to a Medical Center where he was pronounced dead.

Resort torts are instances of civil liability for negligent or intentional acts that arise out of a resort, vacation or recreational setting. These can involve aspects of hotel and motel safety, cruise ship litigation, pleasure boating and jet ski incidents, amusement and theme park liability, aquatic, diving and swimming incidents, foreign travel and medical emergencies, gaming and casinos, aviation (commercial and general), rental car liability, moped, bicycle and motorcycle safety, buses and tour guides, travel industry liability for crime victims, and medical care provided to vacationers. Resort torts can encompass a vast array of types of cases but they have one thing in common: tourists, business travelers and locals alike are all exposed to risk while traveling, vacationing or engaging in resort or pleasure activities.

One man was killed and five people were injured during two separate shooting incidents at night clubs in Fort Lauderdale and Davie, Florida. The Miami Herald reported that a graffiti and tattoo artist was killed on his 21st birthday early Wednesday in the parking lot outside Club Eden, a popular Davie strip club, when he was run over by a man in a white Cadillac Escalade, following a fight. In Fort Lauderdale, before dawn Friday, a shooting in the parking lot of a club left at least five people injured, most hospitalized and at least one undergoing surgery, reported the Herald. Multiple shots were fired following a brawl between two groups of young people outside the club.

Negligent security cases generally involve an injury to an individual as a result of a criminal assault or robbery on a commercial premises. These frequently occur at malls, shopping centers, hotels, motels, office buildings, schools parking lots, or parking garages. In most negligent security cases, the plaintiff who has been injured due to a criminal act brings an action against the owner, manager and/or occupier of the premises. These are the entities that are in control of the location where the plaintiff was injured.

A duty is imposed on the owner/manager/occupier to take reasonable measures where such criminal acts are foreseeable. The Restatement (2d) of Torts §344 provides that landowners are liable for failing to exercise reasonable care to (a) discover that such acts are being done, or (b) give adequate warning so visitors can avoid the harm. There is usually no duty unless the owner/occupier knows or has reason to know of the acts of third persons.

Types of Negligent Security Cases include:
• Inadequate security
• Inadequate lighting
• Inadequate security mechanisms, procedures, facility design
• Conduct of security providers
• Hiring/Retention
• Inadequate key control (hotels/motels/apartments)
• Inadequate supervision (children, incompetents)

"Litigating Premises Security Cases" (AAJ Press) is a two-volume publication covering all aspects of a premises security case, helping plaintiff attorneys achieve full compensation for innocent victims injured when business proprietors and property owners fail to protect them against foreseeable crime. The practice guide provides a detailed road map and complete resources for handling these cases from the moment the client walks in the door through successful settlement or verdict. Its complete methodology provides all the resources needed to win a premises security case, including expert legal analysis to help determine and prove a liability case and establish foreseeability of criminal conduct.

A report by The Orlando Sentinel indicates that officials in Central Florida's Volusia County are slow to make beach driving safer, following the death of a 4-year-old boy who was hit and killed by a truck on New Smyrna Beach. He is the second 4-year-old killed on a Volusia driving beach in the past four months - the first occurring on Daytona Beach in March.

Resort torts typically involve the liability of resorts, hotels, motels, recreational activity operators, etc., but in this case the decision by the County to allow beach driving is immune to liability, as a policy making/ discretionary function.

Volusia County manages 40 miles of beach, 17 of which allow vehicle driving and parking. Forty-five deaths and injuries by vehicles on the driving beaches have occurred in the past five years.

One Volusia County Council member proposed banning beach driving in three years, while the county searches for more off-beach parking. No other Council members agreed to a ban. The Council only agreed to study the traffic and driving patterns and review potential changes to make the beaches safer. Ideas included creating one-way traffic, posting more signs, banning the use of cell phones by drivers, and creating family-only beach sections, though none of the ideas was immediately adopted.

Miami Beach Police Chief Carlos Noriega said that Miami Beach's Heathrow Lounge, located in the bustling nightlife area on popular Washington Ave., had security measures in place but "something slipped through the cracks," The Miami Herald reported today.

That "something" was a pistol, carried into the nightclub and used by a gang member to kill a young man thought to be the leader of a rival gang. "We're not going to tolerate any gang activity here," said Noriega.

Violent crime is no stranger to Miami Beach - in the last month, a couple was robbed at gunpoint in their hotel room on Collins Avenue, and a Russian prostitution situation led to a fatal shooting at a popular Resort & Spa. In all three situations, it seems that innocent bystanders were fortunately not harmed.

But with murder weapons entering tourist and entertainment premises on a regular basis, that might not always be the case. Inadequate security and premises liability lawsuits usually involve criminal assaults and violent crime due to negligent security, insufficient lighting, inadequate security equipment, inadequate security personnel, or other causes. In negligent security cases, the plaintiff who has been injured due to a criminal act brings an action against the owner or manager of the premises or business. Those who are in control or in a position to prevent the incident where the plaintiff was injured are the parties who are most often defendants. The law governing these cases is derived from the general principle that those who own or possess property have a duty to protect users from accidental, negligent, and intentional acts of third parties.

Tourists at Miami Beach's The Parisian Hotel on Collins Avenue were robbed at gunpoint inside their hotel room, reports The Miami Herald. The couple had returned to the hotel around midnight Sunday and found two men burglarizing their hotel room. The robbers took their personal belongings, cash, car keys, and their brown Dodge Avenger. Tipsters should call Miami-Dade Crime Stoppers at 305-471-TIPS.

The couple was lucky - this could have turned out much worse. Inadequate premises security is too often the culprit in personal injury cases that occur in tourist destinations. Inadequate security and premises liability lawsuits usually involve criminal assaults and violent crime due to negligent security, insufficient lighting, inadequate security equipment, inadequate security personnel, or other causes. The law governing these cases is derived from the general principle that those who own or possess property have a duty to protect users from accidental, negligent, and intentional acts of third parties.

ResortTorts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. involve aspects of hotel and motel safety, cruise ship litigation, pleasure boating and jet ski incidents, amusement and theme park liability, aquatic, diving and swimming incidents, foreign travel and medical emergencies, gaming and casinos, aviation (commercial and general), rental car liability, moped, bicycle and motorcycle safety, buses and tour guides, travel industry liability for crime victims, and medical care provided to vacationers. ResortTorts can encompass a vast array of types of cases but they all have one thing in common: tourists, business travelers and locals alike are all exposed to risk while traveling, vacationing or engaging in resort or pleasure activities.