Resort Injury Lawyer Blog

A SEMINAR on INADEQUATE PREMISES SECURITY LITIGATION IN FLORIDA

Save the Date!
>> Miami: November 4, 8:30am - 12:30pm
>> Orlando: November 11, 8:30am - 12:30pm

NO CHARGE for breakfast or 3.50 general credits including .50 ethics

TOPIC: Strategies and tactics in investigating, litigating and trying premises security cases; case law, relevant statutes, codes and ordinances.

The seminar will be presented by John Elliott Leighton - author of the two-volume treatise, Litigating Premises Security Cases (Thomson-West, 2006), the most comprehensive national text on handling and trying premises security cases. Mr. Leighton is managing partner of Leighton Law, P.A. His practice is focused on the representation of severely injured victims, primarily due to the failure to maintain reasonable or adequate security at commercial premises, Resort TortsTM, medical malpractice and consumer product liability.

Mr. Leighton is Chairman of the American Association for Justice (formerly Association of Trial Lawyers of America) Inadequate Security Litigation Group, past Chairman of ATLA's Motor Vehicle, Highway and Premises Liability Section, and a nationally recognized authority on inadequate security litigation. He is Chairman of The Academy of Trial Advocacy, a national invitation-only association of the nation's leading catastrophic injury trial lawyers. He is listed in "The Best Lawyers in America," Florida Trend Legal Elite's "Best Lawyers in Florida," and has been selected as a Florida SuperLawyer™ and South Florida Legal Guide "Top Lawyer."

The Parasail Safety Council estimates that there were more than 384 parasailing accidents in the USA from 1980 through 2009 -- 83 of which resulted in serious bodily injury and 28 in death. These statistics are based United States Coast Guard reports, state and local law enforcement, local reporting agencies, individual accident reports, eye witness accounts from parasail operators, and other sources deemed reliable.

There are currently no licensing requirements, qualifications or industry standards to become a parasail operator. This encourages rogue operators to prioritize profit over safety.

SIGN THE PETITION in support of The Amber May Law to regulate the parasailing industry.

Safety Tips from The Parasail Safety Council

1. LICENSING. Make sure you parasail with a fully licensed (state & local) company operating from a well established location, insured by a licensed insurance company. Don't pay for your ride on the boat! this operator may not have a licensed or be insured.

2. ESTABLISHED OPERATORS. Only parasail with established business operators. Don't be afraid to ask how long they've been in business, if there business permits are current with the City, and if the operator onboard is a US Coast Guard Licensed Captain.

3. HIGH WINDS. You should avoid parasailing in high wind conditions (over 15 knots at sea level) due to an increased difficulty and complications during emergency water landings. *updated 09/2010*

4. VISIBILITY. Never go up in rain, fog or an approaching storm.

5. PASSENGER AGE AND WEIGHT RESTRICTIONS. Parasailing is not recommend for individuals under the age of 16 or who's weight exceeds 300 lbs.

6. TYPES OF EQUIPMENT. Educate yourself on the different types of parasail equipment, passenger support devices (e.g. Harness, Tandem Bar, Ridged Chair) methods being offered.

7. PRE-FLIGHT SAFETY BRIEFING. Make certain that you get adequate safety briefing prior to your flight. This safety briefing should include; a) a description of the activity itself, b) safety procedures in the event of an unexpected emergencies, c) the proper use of hands signals while airborne, d) evacuation procedures during a water landing, fire or capsizing, e) precluding any participant who appears to be afraid or intimidated prior to their aerial excursion.

8. ALTITUDE. Parasailing at an altitude of more than 600 feet is discouraged, especially in close proximity to the shoreline or other objects. The recommended altitude for using hand signals and recovery during water landings over open ocean is 600 and 300 feet over small lakes, bays or sounds. (figures based on ideal wind and sea conditions with limited traffic)

9. ASK QUESTIONS. Ask all the right questions. How long have you been in business? Do you have Insurance by a licensed Agent in this State? Is is good flying weather today?

10. RELEASE FORM. Read the release form carefully before you sign it.

11. Parasailing does have physical requirements, especially in the the event of a water landing.

SeaWorld Orlando and Walt Disney World are both being sued in personal injury lawsuits involving employees at the theme parks who were killed on the job. The monorail driver killed in a train collision in July 2009 is suing Walt Disney World; the husband of a killer-whale trainer drowned by an orca last February is suing SeaWorld.

As the Orlando Sentinel reports, Florida law gives employers near-ironclad protection from lawsuits prompted by injuries and fatalities occurring on the job. Former Governor Jeb Bush and Florida's business lobby had championed an overhaul of the state's workers' compensation laws seven years ago, but critics say the system is slanted too heavily in favor of businesses.

Through workers' compensation, employees have the ability to obtain payment without slogging through expensive litigation, but they lose the ability to sue their employer for larger sums.

In accidents that lead to the death of an employee, cumulative wage payments are capped at $150,000, plus up to $7,500 to cover funeral expenses and -- in the cases of surviving spouses -- payment of student fees.

Click here to contact a board certified civil trial specialist with 25 years of experience representing victims of negligence in personal injury matters.

© Anthony Aneese Totah Jr | Dreamstime.com
UPDATE: The 27-year old Florida vacationer from Georgia whose parasail crashed into the sand, dragged her along the beach, and slammed her into beach umbrellas and a volleyball court post during Labor Day weekend... has died. Six days after parasail operators launched her and her fiance into 34 mph gusting winds over Clearwater Beach, she lost her life from the resulting injuries.

There are no laws regulating when parasailing companies can or cannot take customers out on the water, despite the string of parasailing accidents that continue to be reported.

Legislation has been proposed multiple times to tighten regulation on the industry and each time it has failed. One of the proposed laws would have banned parasailing when gusts were 23 mph or higher.

SIGN THE PETITION in support of The Amber May Law to regulate the parasailing industry.

The mother of 15-year-old Amber May White filed a negligence lawsuit against the parasail operators and the resort where Amber May was killed. Amber May 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. Amber May's sister Crystal also suffered head injuries in this tragedy. The parasailing operators took the sisters up despite warnings from the weather service about high winds and seas. The equipment used by the parasailing company was inadequate and faulty, the operator ignored weather warnings, and the parasailing should never have been within 2000 feet of land or structures. Nevertheless a precious life - yet another - is gone and cannot be replaced.

THIS MUST STOP! It is time for a serious call to action. The rogue parasailing industry MUST be regulated before more catastrophic injuries occur.

PLEASE JOIN ME and sign the petition in support of The Amber May Law.

I have been calling for the regulation of the parasailing industry since the tragic death of Amber May White more than three years ago in Pompano Beach, Florida. Terrible accidents and serious personal injuries continue. The latest occurred just two days ago during the Labor Day weekend, and was reported by the St. Petersburg Times. On Sunday afternoon a 27-year-old Florida vacationer from Georgia and her fiancé saw their happy holiday weekend turn ugly when their parasailing adventure in Clearwater went dangerously awry. The tether between the woman's harness and the towboat snapped, crashed her into the sand, dragged her along the beach, and slammed her into beach umbrellas and a volleyball court post. She was left with life-threatening injuries. Her fiancé landed in the water, sustaining minor injuries. As of last night, the woman was in a St. Petersburg Medical Center in critical condition.

Chief lifeguard Donavan Burns of Clearwater Beach stated that there was "a significantly sized storm... we saw it coming for hours." He said the winds picked up and were gusting over 34 mph in the area. Burns said they closed down the entire beach because of lightening, just after the incident.

As the St. Petersburg Times reports, there are no laws regulating when parasailing companies can or cannot take customers out on the water, despite the string of parasailing accidents that continue to be reported.

Former state Sen. Jim Sebesta, R-St. Petersburg, proposed legislation to tighten regulation on the industry three years in a row, the last time in 2006. Each time it failed. The proposed law, among other things, would have banned parasailing when gusts were 23 mph or higher.

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.

Click here for more information on Resort Torts

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.

Click here for Resort Tort Case Law