Resort Injury Lawyer Blog

A JetBlue flight from San Francisco to Fort Lauderdale diverted to a landing in Salt Lake City, where one of the passengers was arrested. The man reportedly had a tantrum onboard, according to the Sun Sentinel, beginning when he could not buy headphones with cash.

The flight crew determined the man to be drunk and ceased selling him alcohol, which further upset him. In negligent security cases, those who are in control or in a position to prevent an incident where someone might be injured are the parties who are most often defendants. Other passengers complained about the man's disturbing behavior and he was moved to a different seat. A third incident occurred when a flight attendant dropped something from an overhead compartment on the man's head. The man threatened to file a formal complaint unless he received an apology, and also threatened to follow the flight crew off the plane and 'have their jobs'.

The last straw was when the man repeatedly shouted: "I will take this plane down!" The captain then prioritized the passengers' safety and diverted to the landing in Utah. The man was arrested and taken to a county jail, and later released to the custody of U.S. marshals. He made his first federal court appearance last Tuesday and is scheduled for a detention hearing Thursday.

Tourists' and travelers' safety can all too quickly become compromised in a variety of settings, from resort and recreational facilities to cruise ships, and various modes of vacation transportation including planes, trains, and tour buses.

In negligent security cases, a plaintiff can bring charges against the owner or manager of a premises or business, particularly if injured due to a criminal act. 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.

Resort Torts include a wide range of hazards, including inadequate security due to inadequate lighting, faulty locking mechanisms, negligent conduct by security personnel, premises liability such as trip and falls, and transportation negligence (plane crashes, car crashes, boating mishaps). Tourists are typically more vulnerable to risks in a vacation environment because they are often in an unfamiliar environment, unaware of risks present, and focused on being relaxed.

The Tourist Safety Act of 2011 has been signed by a Florida House panel. The legislation (HB 63) approved by the House Criminal Justice Subcommittee addresses the potential dangers and risks presented by people who illegally distribute 'handbills' such as pizza menus and other fliers in hotels, reports the Orlando Sentinel. The legislation arose because criminals are using bogus menus and coupons to gain credit-card numbers from tourists, to burglarize hotel rooms, and for identity theft at hotels in Central Florida. Attempted rape and the beating of a security guard were also reported in Daytona Beach.

The Act would require written authorization from the hotel to distribute menus. It would also make arrests easier, impose stiffer penalties on violators, and allow police to seize property used to commit the crimes under a contraband-forfeiture law commonly used in drug arrests. The Central Florida Hotel & Lodging Association and Walt Disney World (operator of around 25,000 hotel rooms time-share suites) supported the bill.

Inadequate security and premises liability lawsuits can unfold from crime occurring on resort and hotel premises. Premises liability may result from negligent security, inadequate security personnel, insufficient lighting, inadequate security equipment, 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.

Negligent security and safety measures - ranging from inadequate lighting to faulty locking mechanisms and inadequate key control or negligent conduct by security personnel - can give way to injuries, criminal acts and even violent attacks, particularly when tourists are unfamiliar or unaware of the risks in their vacation environment.

For more information on Litigating Premises Security Cases, click here.

Resort Torts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. Hazards can include premises liability such as trip and falls, violent crime/negligent security, defective premises design or layout, defective products, transportation negligence (plane crashes, car crashes, boating mishaps), medical malpractice provided by an innkeeper or cruise ship and many other types of dangers.

Wild animal trainer deaths and injuries are beginning to pile up. The latest incidents occurred over the weekend when an 8,000-pound elephant backed into a trainer, 33-year-old Stephanie James, crushing her to death against the metal bars of a stall in the Knoxville, Tennessee Zoo. By all accounts, the elephant was not acting aggressively and was obeying commands. On Saturday, a zookeeper had two fingers bitten off by chimpanzees in Scottsbluff, Nebraska.

Earlier this year, the death of a SeaWorld orca trainer prompted an investigation into the subject of employee risk, by the U.S. Occupational Safety and Health Administration (OSHA). The incident was said to be the worst tragedy in SeaWorld's history. Still, there are enough killer-whale accidents with trainers recorded that SeaWorld shows an entire video of them as part of its trainer orientation program.

In an Orlando Sentinel article, a former SeaWorld trainer blames himself for the 2-inch-thick medical file he accumulated during his career, saying they were all the result of his mistakes, not the aggressive behavior of an orca. The injuries "were an inevitable consequence of a job that involves intense physical activity and close contact with animals that can be as big as a school bus."

In September, Atlanta and Miami were 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. At Miami's Jungle Island, a 500-pound Bengal tiger leapt over a tall fence, provoked by a small ape that snuck out of his own cage.

An attempted robbery on the Deerfield Country Club golf course has left a golfer dead. The Sun Sentinel reported that Lataurus Randall, a 35-year-old man, was playing golf with Melvin Philpart near the 17th hole around 6:30 p.m. when two masked man stepped out of the bushes and attempted to rob them. Mr. Randall was shot in the back. Mr. Philpart was not injured. Mr. Randall was rushed to North Broward Medical Center by Deerfield Beach Fire Rescue but died Friday morning.

A golf course expert was quoted in the Sentinel article saying that most carts and golfers are not on the course that late in the dark. But this was not the first shooting at a South Florida golf club, according to the article. In 2009, a man shot at a golfer and nearby homes of the Killian Greens Golf Club. In 2006, a shop employee at the Forest Oaks Golf Club in Palm Beach County was shot while closing the store. And in 1998, a 65-year-old man was shot and killed on the 16th hole of the Bayshore Golf Course in Miami Beach during a robbery attempt.

Deerfield resident Marc Cohen states in the article: "It is chilling. You never think something like this would happen here. This is where you go to relax, not get robbed." Resort Torts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. They 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, particularly because they are focused on relaxing and enjoying their leisure activities and pleasant surroundings.

Negligent premises security is a serious matter and is sometimes a factor in incidents that occur at resort and recreational facilities including hotels, amusement parks, nightclubs, casinos, etc. Negligent security and safety measures can give way to injuries, criminal acts and violent attacks. 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.

For information on Litigating Premises Security Cases, click here.

Following the report of an unmanned jet ski adrift a half mile offshore from the Fort Lauderdale beach, the Coast Guard found a woman's body a mile and a half out to sea, according to the Sun Sentinel. The woman's death is under investigation.

Unfortunately, accidents involving water sports are quite common in Florida. Residents and visitors alike are killed and injured as a result of water skiing, jet skiing, pleasure boating, and many other kinds of boating activities. In 2007 there were 77 fatalities caused by boating accidents in Florida alone, which led the entire country. With over 1 million registered vessels in Florida, there were over 650 reported boating accidents resulting in injury, death or serious damage. It is estimated that there are another 350,000 non-registered boats using Florida's waterways.

Virtually all boating accidents are preventable. The most common cause of these tragedies is operator inexperience or inattention. 84% of all boating fatalities that occur on boats happen where operators have not completed a boating safety education course.

The International Cruise Victims Association (ICV) was created five years ago to address issues, laws and regulations related to crimes on cruise ships. The ICV now has active membership in more than 20 countries and has spearheaded important changes in the cruise industry.

• In 2006, several ICV members testified for the first time at a second Congressional hearing, presenting a 10-point program to improve safety on cruise lines. This list has grown to 13 points and has served as the basis for future legislation.

• In 2007, two additional Congressional hearings took place with Rep. Doris Matsui leading this effort in the House. In June of 2008, under the leadership of Senator John Kerry, a hearing was then held in the U. S. Senate. This resulted in the introduction of the Cruise Vessel Security and Safety Act which was passed in July 2010.

• In 2011, the ICV hopes to change the current 1920 law referred to as the "Death on the High Seas Act" (DOHSA) to hold cruise lines responsible for individuals that die on cruise ships where the cruise lines are at fault.

Concerns of cruise ship safety were highlighted last month, when 4,500 passengers and crew aboard the Carnival ship Splendor were stranded for three days at sea, without air conditioning, hot water, hot meals, or cell phone or Internet service, after a fire broke out on the first day of a seven-day Mexican cruise.

Resort Torts 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, 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 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.

Services were held Saturday for three of the five teens killed two weeks ago in a Hialeah, Florida hotel room, when deadly carbon monoxide fumes seeped into their room. The Miami Herald reports that the five friends were celebrating a birthday at the Hotel Presidente, when they left their borrowed car running in the attached garage.

The Associated Press reported that friends of the deceased told police the car was having engine trouble so they likely left it running to avoid it not starting again. The door leading to the garage was slightly ajar, allowing the fumes to enter the hotel room, and the teens were found by a hotel maid the next day. She reported a strong smell of gasoline and saw that they were sprawled out on the floor, looking unconscious and not responding to her when she shouted 'hello'.

In 2006, Florida law was changed to require installation of carbon monoxide detectors in new buildings. The Hotel Presidente (and other such older buildings) is exempt unless it undergoes major renovations. It is yet unclear whether a separate Hialeah ordinance was violated, which requires a higher level of carbon monoxide detection in older buildings.

USA Today reported the story, adding statistics and tips from the Centers for Disease Control and Prevention: Carbon monoxide, a colorless odorless, tasteless gas kills more than 400 people in the U.S. each year, with 15,000 related emergency room cases.

The CDC's branch chief for air pollution and respiratory health, Paul Garbe, provided the following preventative measures against carbon monoxide accidents:

• Install carbon monoxide detectors on each floor, especially where there are bedrooms. People who are sleeping or have been drinking will often succumb before waking. The best detectors plug into an electrical outlet but have a battery backup. "If you hear it go off, run from the house and then find a way to call 911. Don't call 911 first."

• Have your heating system, water heater and any other gas-, oil-, or coal-burning appliances serviced by a qualified technician every year.

The gas is released when burned carbon fuels are not properly vented. Symptoms of poisoning include headaches, nausea, fatigue and confusion. Inhaling higher levels leads to unconsciousness and death. The ill effects come on quickly like flu and are often mistaken for it.