Resort Injury Lawyer Blog

A family has filed a civil lawsuit in U.S. District Court after their son died while free diving at The Homestead, a resort in Utah.

They say the resort and its business partner, The Crater, Inc., were not in compliance with Utah law that cites safety regulations for geothermal pools at resorts, because they did not employ a lifeguard, according to The Salt Lake Tribune.

They allege that better safety and rescue equipment as well as diver supervision could have prevented their son's death. They are seeking compensation for medical and funeral expenses, and for emotional trauma.

Their son was training at the geothermal pool for the U.S. National Freediving Championships. He remained underwater for six minutes at a time, and did not survive his last dive.

The Tribune reports that The Homestead was notified four times in 2008 and 2009 by the Utah Department of Health of the new safety regulations for geothermal pools at resorts, which took effect in July 2009, requiring a lifeguard. The diver's parents acknowledge in their complaint that there is a sign posted at the pool warning that drowning and other water-related injuries can occur.

© Benkrut | Dreamstime.com
Despite the dirty beaches, health issues, and lawsuits resulting from the Gulf oil spill last year, overall tourism increased in Florida by 2%, reports the Sarasota Herald-Tribune. The rise follows a two-year drop in visitors of nearly 4%.

Visit Florida, the state's tourism bureau, estimates that a total of 82.6 million visitors traveled to Florida in 2010. Visitors spend $60 billion annually in Florida and generate 22% of the state's total sales tax revenue. The tourism industry provides about one million jobs in Florida.

All this can give rise to Resort Torts - cases of civil liability for negligent or criminal in a resort, vacation or recreational setting. 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.

When there's trouble in paradise...What are you liable for, as a business owner?

Today's law says that the duty of premises owners and operators is to keep their premises safe and free from obstructions or dangers. Timely and clear notice of any danger that could be unknown to the "invitee," must be clearly displayed. The law also provides that owners/operators of hotels, resort, or amusement parks are generally liable for the acts of their employees and respective agents.

Negligent security cases involving hotels, resorts and amusement and theme parks typically involve criminal assaults, such as robberies and sexual assaults. The law governing negligent security cases is largely a derivative of general premises liability law. The one who possesses the property is responsible for the care to the public. They must protect them from reasonably foreseeable intentional acts of third parties. Owners are obligated to provide adequate warning or protection.

Resort Torts are piling up at Disney. Disney's Magical Express bus collided with a tractor trailer in Orlando early this morning, injuring five people, including the bus driver. The bus provides transportation to and from the Orlando airport.

The accident follows last week's reports of two lawsuits filed against Disney: A San Diego, California family whose 4-year-old son was scalded by nacho cheese sauce at Orlando's Magic Kingdom last March; and a quadriplegic who was left in his wheelchair on a stalled boat of the "It's a Small World" attraction for about 40 minutes during an evacuation of other park visitors on the ride.

Two months ago, a tragic Disney bus incident involved a 69-year-old tourist, who was hit and killed by a Walt Disney World bus filled with passengers, in the parking lot of Disney's Port Orleans Resort.

In April, a 9-year-old boy riding his bicycle was pulled under the rear wheels of a Disney bus in the Fort Wilderness Resort and Campground. He was wearing a safety helmet, riding on the sidewalk. Disney faces a wrongful death lawsuit that points to sidewalk conditions and the park bus system for the death.

Resort Tort: Walt Disney World has been sued again, this time by a San Diego, California family whose 4-year-old son was scalded by nacho cheese sauce at Orlando's Magic Kingdom last March.

The boy was falling out of an unsteady chair when he grabbed a food tray on the table, containing a paper cup of scalding nacho cheese, which splashed onto his face, reports USA Today. The lawsuit claims he suffered "permanent scarring, pain and suffering," and his parents suffered "serious emotional distress." The San Diego Union-Tribune reports that the family spent months trying to resolve the case out of court, but was not successful.

Disney was also sued last week by a quadriplegic who was left in his wheelchair on a stalled boat for about 40 minutes during an evacuation of other park visitors on the ride.

A report of that incident said that while stuck, the man suffered a type of sudden and potentially life-threatening high blood pressure attack that affects people with spinal cord injuries. In the report, the man is quoted as saying that the attack "feel like an ice pick going through your temples." In the lawsuit, he alleges that Disney employees did not call paramedics when this happened. The Associated Press reported that the lawsuit also alleges Disneyland violated the Americans With Disabilities Act because it didn't have proper procedures in place for evacuating disabled passengers from the ride. The man is also suing for negligence, emotional distress and liability. He said Disney added "insult to injury" when Mickey Mouse and Minnie Mouse were sent to perform for him while he was treated at the park's first aid station.

With 82 million visitors each year, Florida and its many tourist attractions give rise to Resort Torts - cases of civil liability for negligent or criminal in a resort, vacation or recreational setting. 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. Click here to contact a board certified civil trial specialist with 25 years of experience representing victims of negligence in personal injury matters.

Walt Disney Co. has been sued in U.S. District Court in Los Angeles, by a quadriplegic who was left in his wheelchair on a stalled boat for about 40 minutes during an evacuation of other park visitors on the ride.

A report of the incident said that while stuck, the man suffered a type of sudden and potentially life-threatening high blood pressure attack that affects people with spinal cord injuries. In the report, the man is quoted as saying that the attack "feel like an ice pick going through your temples." In the lawsuit, he alleges that Disney employees did not call paramedics when this happened.

The Associated Press reported that the lawsuit also alleges Disneyland violated the Americans With Disabilities Act because it didn't have proper procedures in place for evacuating disabled passengers from the ride. The man is also suing for negligence, emotional distress and liability. He said Disney added "insult to injury" when Mickey Mouse and Minnie Mouse were sent to perform for him while he was treated at the park's first aid station.

In Florida, between Walt Disney World and Universal Orlando, there were eight ride injuries reported in the third quarter of 2010, according to state records cited in the Orlando Sentinel.
1. Disney's Animal Kingdom: A man suffered a seizure on the Dinosaur ride.
2. Disney's Animal Kingdom: A man experienced chest pain on the ride Expedition Everest.
3. Disney's Epcot: A woman experienced chest pain on the ride Mission: Space.
4. Disney's Typhoon Lagoon: A man collapsed and eventually suffered a stroke after riding Storm Slides.
5. Disney's Typhoon Lagoon: A woman lost consciousness in the wave pool.
6. Disney's Magic Kingdom: A woman fell and broke her spine on the moving passenger-loading area for Buzz Lightyear's Space Ranger Spin.
7. Universal Orlando: A woman broke her ankle on Camp Jurassic in Islands of Adventure.
8. Wet 'n' Wild: Someone experienced chest pain requiring the use of a defibrillator on Der Stuka.

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