Resort Injury Lawyer Blog

Miami Beach's popular Clevelander Hotel has allegedly been providing on-duty police officers with alcohol in concealed containers.

One such officer on the midnight ATV patrol struck and critically injured the mother of a 1-year-old, causing severe brain injuries. From her bed at Jackson Memorial Hospital, she is suing the officer and the hotel, and reportedly will also sue the City of Miami Beach, according to the Miami Herald.

The lawsuit alleges that the officer frequented the Clevelander and that its employees knew he drank excessively. The offer's blood alcohol level measure .088 five hours after the incident. The legal limit is .08.

The officer also struck a man who suffered a leg injury requiring surgery.

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.

A bill unprecedented not only in Florida but nationally has been proposed in our State.

The past state legislative session attempted to split and pack the Florida Supreme Court and remove the power of the independent judicial nominating commissions to nominate appellate judges. It would require more than a majority vote for merit retention. This is a serious threat to judicial independence in Florida.

The proposed legislation would politicize judicial selection, revoking the freedom judges currently have to decide cases fairly and impartially, relying only on the facts and the law. The new legislation would no longer protect them from the pressures that judicial independence is designed to keep at bay, including political, legislative, special interest, media, public, and financial pressures.

Local and state bar associations have expressed strong opposition to the legislation, as have former Florida Supreme Court justices, both conservative and liberal. An independent judiciary is the last stop on a democracy train which is already riddled with special interest stops along the way.

If you are also concerned about this threat to judicial independence,
write to: DearJohn@LeightonLaw.com.

David Sierazki, age 31, is the latest victim of the STILL unregulated parasailing industry. He died last week in the second parasailing fatality in the Tampa Bay area in a year. The engine died in the boat that was pulling him, and he plunged from 800 feet up into the water. When pulled out, he was unconscious and unresponsive, and was later pronounced dead after unsuccessful CPR attempts.

"I can't believe we haven't gotten smarter as an industry," said Mark McCulloh, chairman of the Parasail Safety County, who was quoted in a Tampa Tribune article on the incident.

McCulloh said the industry needs strict rules for parasailing, including maximum wind speed allowances, height restrictions, equipment inspection and tow lines.

Florida legislators have failed to address this continuing problem and need to pass the Amber May Law to bring some regulation to this rogue industry.

As reported by The Today Show, fifteen-year-old Amber May White 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, while vacationing with her family in Pompano Beach, Florida. Amber May's sister Crystal also suffered head injuries in this tragedy. John Elliott Leighton represented the family in the lawsuit against the parasail operators and the resort where Amber May was killed. Mr. Leighton has spearheaded legislative efforts to bring some regulation to this rogue industry. His efforts in Tallahassee have resulted in a bill which he and the family hope to make law this year.

Continue reading "ATTN: FL Legislators - Another Parasailing Death! " »