Resort Injury Lawyer Blog

The damages to individuals and businesses caused by the BP oil spill in the Gulf of Mexico are no doubt going to be many and far-reaching. The Tampa Tribune reported on June 17 that more than 200 lawsuits had already been filed in federal courts across the Gulf Coast of Florida, for losses and damages related to the spill. Single-plaintiff and class-action lawsuits are being filed daily by people and businesses suffering the effects, some on behalf of scuba shops, hotels, restaurants and tourism-related retailers. With Florida's economy heavily dependent on tourism and the draw of its coastal areas, the filings are sure to continue.

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Contamination issues are leaking into the commercial fishing industry, and could end up on someone's dinner plate while vacationing in the Sunshine State. The FDA reports that it is monitoring fish and shellfish safety, testing for contamination, and specifically targeting oysters, crabs and shrimp, since they could retain contaminants longer than finfish. The FDA's newly established Incident Management Group is overseeing and coordinating issues related to the oil spill, and has already closed some fisheries as a precautionary measure.

The Associated Press has reported on health problems related to the spill. Florida beachgoers who swallow even small amounts of oil can suffer from upset stomach, vomiting and diarrhea. The Centers For Disease Control and Prevention says that long-term exposure to the dispersants dumped in the Gulf to break up the spill can have much more dire effects, including central nervous system problems or damage to the kidneys or liver.

Doctors in the Gulf area report a pattern of symptoms in the individuals working on the clean-up, which might have been caused by the burning of crude oil, noxious fumes from the oil, or the dispersants. Flu-like symptoms including respiratory problems, headaches and nausea could be the short-term indicators of potential long-term health effects. Court records showed more than 6,700 workers in the Exxon Valdez cleanup efforts suffered respiratory problems, which the company attributed to a viral illness.

A Florida law takes effect July 1 that requires slip-and-fall plaintiffs to prove that the business knew or should have known about the substance that caused the fall and failed to clean it up. Prior to this law, plaintiffs only had to prove that an 'out-of-place' substance caused the injury.

The St. Petersburg Times reported that a staff analysis of the bill in the House of Representatives predicted that the change would give businesses an advantage, as it requires an extra burden of proof on the plaintiff.

But lawsuits are not likely to decline as a result. Businesses will continue to pay out money long before a jury is involved. Settlements are increasingly common, particularly in slip-and-fall cases where a business cannot prove it took appropriate precautions to prevent an accident.

According to the Times article, Florida is known nationally as an easy place to win slip-and-fall cases. The quality of legal counsel employed may have a dramatic effect on the ultimate settlement amount.

According to a study by Liability Consultants Inc., the average settlement in a rape security case is $600,000, and the average verdict in the same type of case is $1.75 million. The average verdict in an assault in a hotel or motel is $254,850, with 25% totaling $1 million or more.

The National Center for Victims of Crime is the nation's leading resource and advocacy organization for crime victims and those who serve them. The National Center has worked with grassroots organizations and criminal justice agencies throughout the United States serving millions of crime victims. The Center works to make sure all crime victims get the assistance and information they need, and provides GetHelp bulletins containing information on a wide range of topics, including the impact of crime, victims' rights, and the criminal and civil justice processes. The bulletins also include resources for victims, their families, and friends. The Center can be reached Monday - Friday, 8:30 am-8:30 pm ET at 1-800-FYI-CALL (1-800-394-2255).

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.

Continue reading "The National Center for Victims of Crime & National Crime Victim Bar Association" »

In yet another example of a rogue industry run wild, a parasailing catastrophe was averted only by sheer luck. On Monday June 7, 2010, the state of Florida witnessed two more injuries occurring from the unregulated parasailing industry. The Miami Herald reported that a father and his six-year-old daughter were bounced across the water into a sea wall when their parasail malfunctioned east of Miami's Bayside Marketplace. They were taken to Jackson Memorial Hospital for treatment of what fortunately were only bumps and bruises.

"Their injuries could have been much worse," said Jorge Pino, spokesman for the Florida Fish and Wildlife Conservation Commission. Pino said that authorities are looking into whether the tow rope snapped or if a person from the boat cut it.

This incident is all too familiar and only reinforces the urgent need to pass the Amber May Law, to bring some regulation to this rogue industry. As reported by The Today Show, fifteen-year-old Amber May White died while parasailing from head trauma along with internal injuries, sustained when she crashed into a building when the parasail on which she was riding snapped, while vacationing with her family in Pompano Beach, Florida. Amber May's sister Crystal also suffered head injuries in this tragedy. John Elliott Leighton represented the family in the lawsuit against the parasail operators and the resort where Amber May was killed. Mr. Leighton has spearheaded legislative efforts to bring some regulation to this rogue industry. His efforts in Tallahassee have resulted in a bill which he and the family hope to make law this year.

Continue reading "The Rogue Parasailing Industry Runs Wild...Again!" »