Resort Injury Lawyer Blog

How can so-called rejuvenation centers continue to get away with multiple incidents of catastrophic injuries?

With South Florida a mecca of cosmetic surgery facilities and "medical tourism" on the rise, more needs to be done to ensure the safety of patients undergoing procedures. Lack of licensed medical personnel, botched surgeries, and improper procedures resulting in seizures, vegetative states, and death, are occurring all too frequently.

And Florida does not even require these health care providers to carry any liability insurance!

Before undergoing cosmetic surgery, a patient should research their physicians and any medical facility online to check for prior claims and what insurance is maintained. They should also speak with friends and colleagues to check out the credentials of the provider and learn of their reputations. Much can be found online through the Florida Department of Health.

John Leighton's specialization in Resort Torts is featured in the South Florida Legal Guide, which recently held a roundtable event on the topic of "Litigation Support Strategies: Selecting the Right Professional."

In the SFLG's publication of the event, Leighton provided insight on "Using Expert Witnesses in a Resort Litigation Case."

Access the publication here and scroll down to the blue box featuring John Leighton and Resort Tort Litigation.

Contact Mr. Leighton with any questions or comments at DearJohn@LeightonLaw.com

Be prepared for a rise in
Resort Torts ...

Florida Governor Rick Scott - "one of the least popular governors in America" - has decided that state background checks are no longer necessary for port employees.

By signing bill HB283 into law, the Governor has directly increased the vulnerability of Florida's 1,350 miles of coastline to criminal activity and terrorist attacks, not least the Port of Miami, which is recognized as the "Cargo Gateway of the Americas" and the "Cruise Capital of the World" - boasting the largest passenger cruise ship port on the planet.

Considering the millions of cruise passengers who travel through Florida's seven seaports (12.9 million between Oct. 2008 and Sept. 2009), the new bill is completely counterintuitive to The Cruise Vessel Security and Safety Act signed into law a year ago by President Obama. While that Act required increased safety and security measures aboard cruise ships, apparently the Governor does not have the same concern about the comings and goings at the ports.

Putting people at risk in order to cut corners and redirect a few dollars makes no sense for a state that relies on tourism as the largest sector of its economy.

The language in the bill is a virtual invitation to criminals:
• "deletes provisions relating to statewide minimum standards for seaport security"
• "deletes provisions requiring that persons seeking authorization to access secure & restricted areas of seaport execute affidavit"
• "deletes provisions requiring fingerprint-based criminal history checks

A poll last month revealed that 57% of voters disapprove of the Governor's job performance, as reported by the Miami Herald. Along with a rise in criminal activity at the Port of Miami and all along the Florida coastline, we're likely to see the Governor's disapproval rating continue to rise as well.

The Miami Beach shooting incident during Memorial Day weekend has changed the 'foreseeability' factor for resort crimes in the area.

Most negligent security cases turn on the issue of foreseeability: Was the incident reasonably foreseeable by the owner or business?

One of the tools used to analyze foreseeability is the crime grid, which has been held admissible at trial, and involves obtaining from a police agency a record of the service calls for the area around the address of an incident.

In some states, the "prior similar" rule applies where a similar act must have occurred on the premises in the past for the subject to be foreseeable crime. In Florida, the courts look at the "totality of the circumstances" and evidence of prior crimes that occurred off the premises is relevant; a prior crime on the property is not necessary to prove foreseeability.

With one tourist allegedly shot while running back into her hotel, and a total of 1 death and 7 injuries in an area chock-full of touristy hotels and restaurants, businesses on South Beach should consider how the crime grid factor might affect them, as the debate continues about ending the annual revenue-boosting Urban Beach Week.