Resort Injury Lawyer Blog

Long Island shooting at nightclub Halloween Party - The Dream Night Club in the Hamptons hosted a Halloween party Friday night, when someone dressed like the bank robbers in the film "Dead Presidents" reportedly shot two men during a fight.

New York shooting at hotel Halloween Party - A man was shot at a hotel Halloween party Saturday night. The party reportedly 'got out of control' at a Residence Inn in Henrietta, NY, and a man was shot in the leg. The incident is still under investigation.

Atlanta shooting at Nightclub Halloween Party - In Atlanta, four people were shot at a nightclub's Halloween party Saturday night. Two of the victims are in critical condition and two are in stable condition. The shots were reportedly fired from outside the club and bullets penetrated the club's walls and windows.

When crimes occur in hotels, motels, nightclubs, restaurants, or other places of public entertainment, premises liability can come into play in incidents involving assaults due to negligent security or insufficient lighting.

Key areas of potential premises liability include:
• Perimeter control, or limiting access to a property through fencing, landscaping or other means (CPTED or "crime prevention through environmental design");
• Lighting, which may have been inadequate at the start or poorly maintained after installation;
• Security equipment, including access control, locking mechanisms and closed circuit television;
• A lack of security staff, or security personnel, who may not have been properly trained, or who took inappropriate action in a violent crime situation.

John Elliott Leighton will present a seminar on Negligent Premises Security Litigation in Miami on Nov. 4 and in Orlando on Nov. 11. Mr. Leighton is the author of the two-volume treatise, Litigating Premises Security Cases (Thomson-West), the most comprehensive national text on handling and trying premises security cases. Mr. Leighton is managing partner ofLeighton 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.

A SEMINAR on INADEQUATE PREMISES SECURITY LITIGATION IN FLORIDA
>> 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
- 2.50 Criminal Trial Certification or 2.50 Civil Trial Certification

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."

Walt Disney Parks and Resorts U.S. and Disney bus driver David R. Rich are facing a wrongful death lawsuit by the mother of the 9-year-old boy killed by a Disney bus. The boy was riding his bicycle in April of this year when the bike was pulled under the rear wheels of the bus heading south on Big Pine Road in Disney's Fort Wilderness Resort and Campground. He was wearing a safety helmet, riding on the sidewalk. The lawsuit filed in Orlando's Circuit Court points to sidewalk conditions and the park bus system for the death.

According to the Orlando Sentinel, the lawsuit states that pedestrians often must step off the sidewalk and onto the roadway or an unpaved wetland area to avoid other cyclists and pedestrians. Railings and steep gullies stop people from stepping toward the interior of the park when trying to pass others, according to the complaint.

"Consequently, contact between a pedestrian and a bus or vehicle was reasonably foreseeable to occur and therefore cause serious injury or death to the pedestrian," the lawsuit claims.

Disney was sued earlier this year by a tourist alleging negligence, battery, negligent infliction of emotional distress and intentional and reckless infliction of emotional distress caused by a person in a Donald Duck costume groping a woman's breast. A Disney jury trial, based on alleged safety problems on a theme park ride, ended in May 2010 in Disney's favor.

A settlement has been reached between a West Palm Beach strip club and a man who was smacked in the eye by a stripper's platform shoe with a metal heel. The stripper was walking on the bar when she spun around and her heel struck a patron, breaking bones around his eye and in his nose, resulting in permanent double vision and frequent dizziness.

The patron's attorney said: "...we feel the $650,000 settlement goes to show that this was a serious case with serious injuries."

Hardly the first strip club injury, in New York, a man sued after a stripper giving him a lap dance swiveled and smacked him in the face with her shoe. A Broward man sued after a woman's stiletto flew off during a pole dance, shattering a mirror and cutting him.

The Sun-Sentinel reports that the patron is expecting another round of litigation, presuming that the nightclub's insurance will not simply pay the judgment.

A manager at the club would not comment whether dancers are still allowed to shimmy on the bar.

Click here for Serious Lawyers for Serious CasesTM.

The Florida Department of Law Enforcement released crime figures for the first six months of 2010 compared with last year, showing an overall drop in major crimes in Florida. A total of 19,000 less violent crimes were committed. Overall crime is down 4.8%, whereas total violent crime (murder, forcible sex offenses, robbery and aggravated assault) is down by 10.7%. Total non-violent crime (burglary, larceny and motor vehicle theft) declined 3.8 percent.

However, the murder rate was up 3.6% and there was a 5.8 percent increase in domestic violence murder.

The Sun Sentinel reported that while the murder rate also rose in Palm Beach County compared to last year, the area saw a decline in other crimes. An official at the Palm Beach County Sheriff's Office Violent Crimes Division attributed some of the crime drop to progress they've made curbing gang crimes and robberies, in part through cooperation with patrol officers and other police agencies. The County's increase in violent robberies was attributed to the slow economy, which typically means more desperation, boldness and brazenness.

Travelers and tourists should be aware that when crimes occur in hotels or motels, premises liability can come into play in incidents involving assaults due to negligent security or insufficient lighting, dangerous products, pool and spa tragedies, transportation negligence (plane, car, bus, or taxi crashes), boating accidents, and many others.

Key areas of potential hotel/motel liability include:
• Perimeter control, or limiting access to a property through fencing, landscaping or other means (CPTED or "crime prevention through environmental design");
• Lighting, which may have been inadequate at the start or poorly maintained after installation;
• Security equipment, including access control, locking mechanisms and closed circuit television;
• A lack of security staff, or security personnel, who may not have been properly trained, or who took inappropriate action in a violent crime situation.

A SEMINAR on INADEQUATE PREMISES SECURITY LITIGATION IN FLORIDA

>> 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."

While still slogging through the lawsuit following its killer whale trainer's death in February, SeaWorld saw two more deaths this week.

A 68-year-old British tourist died Monday on SeaWorld's Roa's Rapids ride, described by SeaWorld as "an awesome adventure through a roaring sea of high tides, swirling whirlies, and gushing geysers - all at speeds that leave ordinary river rides eating this one's wake." The man was pulled from the water around 11:00 am and died later at the hospital, just before noon. The Orange County Sheriff's Office said his death was related to natural causes, according to a report by CBS4.

In other news, the first killer whale born at SeaWorld, "Kalina," has died at age 25 - the third SeaWorld orca to die this year. Another orca died in Orlando four months ago while giving birth, and SeaWorld San Diego watched one of their captive orcas die 'mysteriously' last month.

Theme Park Ride Warnings

The Roa Ride at SeaWorld's Aquatica provides visitors with some safety guidelines: Anyone shorter than 51 inches must wear a lifejacket and lifejackets are available to anyone who wants one. A sign at the entrance to the ride warns riders that "only guests in good health should ride this attraction."

ResortTorts are cases of civil liability for negligent or criminal 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. 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.

Related Case Law for ResortTorts:

• A landowner has 2 basic duties: reasonable care to maintain premises in reasonably safe condition, and give warning of concealed perils which are or should be known and which are unknown to invitee.
Williams v. Madden, 588 So.2d 41 (1 DCA 1991)
• In fulfilling its duty to maintain its premises in a reasonably safe condition, "a landowner must conduct inspections appropriate for the premises involved."
Yuniter v. A & A Edgewater of Florida, Inc., 707 So.2d 763 (Fla. 2d DCA 1998)