Resort Injury Lawyer Blog

The Costa Concordia shipwreck tragedy in the Mediterranean has sparked a review of safety standards on cruise ships. The Transportation and Infrastructure Committee announced in a press release that it will conduct a hearing in February to review cruise ship safety including operating standards and crew training requirements.

Committee Chairman John L. Mica (R-FL) said in the release that "The Costa Concordia tragedy is a wakeup call for the United States and international maritime organizations to carefully review and make certain we have in place all appropriate standards to ensure passengers' safety on cruise ships." He said that "The Committee will review the events of this specific incident, current safety measures and training requirements set by law and international maritime transportation agreements to ensure this mode of transportation remains as safe as possible."

Mica stated that the tragedy appeared to be preventable and the hearing is an effort to prevent such tragedies in the future. Current U.S. laws and regulations will be reviewed in relation to vessels at U.S. ports and in U.S. waters but they do not necessarily apply to Americans cruising internationally. The United Nations Agency that regulates international shipping, the International Maritime Organization, will review the details of the recent tragedy and the current international maritime safety treaty, the Safety of Life at Sea Convention.

The National Highway Traffic Safety Administration estimates that driving while distracted contributes to one in every four car crashes. By some estimates, in as many as half of all crashes (there were six million last year), cell phone use was involved.

A slight departure from Resort Torts, my campaign against DWD -"Driving While Distracted" - is an issue I am passionate about.

It's encouraging that a jury has awarded the family of a woman killed in a car crash - believed to be caused by a texting driver - $8.8 million. But much is left to be done to keep peoples' eyes on the road and not distracted with the myriad electronic devices they carry and those that are even built into the car.

The Miami Herald reported that during the 60-day legislative session that begins this month, Florida legislators might consider a ban on texting while driving. Such bans are already enacted in 35 states. The current proposal, described by the Herald as "pretty mild," would make text-driving a secondary offense, meaning that a citation for it could only be issued in conjunction with another offense such as speeding or reckless driving. The ban would also apply to typing emails and instant messages. The first offense would render a $30 fine, and the second within five years would cost $60 and three points.
In the case of the $8.8 million verdict, text-driving appears to have again cost someone their life. In that incident, the victim was a mother of two young children. Her vehicle was struck by a 17-year-old who was driving between 61 and 69 miles per hour in a 40 mph zone, and weaving through traffic. An outgoing text on his phone was recorded two minutes before the paramedics were notified of the accident. The teenager was given a $2,000 fine and charged with speeding and reckless driving, but not vehicular homicide.

The National Transportation Board recently recommended that the Federal Government ban cell phone and all texting device use while driving. People tend to agree. Surveys reveal increasingly more people admitting to texting while driving, but the vast majority of them also say it should be illegal.

Final Tally: 3 dead, 2 hospitalized with injuries in the Key West Super Boat World Championships.

Boating accidents are not uncommon in Florida, where tourists and residents alike enjoy nearly 1,200 miles of coastline, 7,700 lakes larger than 10 acres, and more than 11,000 miles of rivers, streams and waterways. Unfortunately, residents and visitors alike are also killed and injured as a result of water skiing, jet skiing, pleasure boating, and many other kinds of boating activities.

Last Wednesday, the opening day of the Key West Super Boat World Championships began with a bad omen for the multi-day event. Two of the racers, both visiting Florida from Missouri, were killed when their 46-foot Skater with four 1,200-horsepower engines crashed in Key West Harbor after the boat barrel-rolled and landed upside down, reported the Miami Herald. Despite being pulled onto a rescue boat by paramedics who jumped out of helicopters in the rescue attempt, the two men were pronounced dead at the Lower Keys Medical Center that afternoon.

On Friday, another racer was killed when his 28-foot boat with twin 850-horsepower engines rolled near an offshore turn. He was transported to Jackson Memorial Hospital in Miami and died early Saturday morning.

The event closed on Sunday with two more racers suffering injuries. Two men from New Jersey racing a 38-foot boat with twin 750-horsepower engines smacked their boat into a wave. One suffered a torn ear and possible concussion and was evacuated to Jackson Memorial Hospital. The other was treated at Lower Keys Medical Center. So far it is believed that neither men suffered life-threatening injuries.

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.

Federal investigators concluded after 2.5 years that the Disney monorail collision that killed a 21-year-old resort employee was caused in part by a lack of adequate safety protocols.

In a 14-page report, the National Transportation Safety Board cited employee errors as the primary causes of the accident, but added that "Walt Disney World Resort's lack of standard operating procedures leading to an unsafe practice when reversing trains" was also a factor in the accident.

The U.S. Occupational Safety and Health Administration had previously cited Disney with four safety violations in December 2009 upon concluding its investigation of the accident, and fined the resort $35,200.

The Orlando Sentinel reported that "an employee in the monorail's maintenance shop, which controls the system's track switches, failed to properly position the switch beam. It also found that the manager who was temporarily serving as the monorail system's coordinator -- relaying commands between the maintenance shop and the train drivers -- was not in the system's control tower during the track-switch procedure, where he could have seen that the track had not been properly aligned."

Disney's policies, however, did not require the central coordinator to be station in the control tower when directing monorail movements, nor that the employee in the monorail shop verify the beam realignment. Employees were also not required to follow an operating guide with regards to moving from the front cab of the train to the back cab before driving in reverse.

A deadly combination of factors in a Philadelphia waterway has left two tourists dead, a father of two young children jailed for a year, and several lawsuits still pending.

On the day of the incident, the operator of a 33-foot "Ride the Ducks" sightseeing boat anchored in a shipping channel of the Delaware River after detecting smoke and suspecting an onboard fire, cited CNN International. There were 35 passengers and two crew members on board.

Video footage shown on The Today Show revealed the shocking footage of a towed 250-foot sludge barge running over and submerging the tourist boat in a matter of seconds. Amazingly, only two tourists died in the accident.

The pilot of the tugboat towing the barge has been sentenced to one year and one day in prison and three years of supervised release for his role in the incident, after teary pleading by himself and his wife in court for leniency with the potential four-year sentence. The pilot admitted he was distracted by his cell phone and laptop prior to the collision, in part due to a call from his wife regarding complications that morning during their 6-year-old's eye surgery.

Litigation is still pending with K-Sea Transportation of East Brunswick, New Jersey and Ride the Ducks of Norcross, Georgia. Both companies have asked the federal government to limit their liability in the incident, according to the CNN report.

An NTSB report showed several people involved were on cell phones or computers at the time of the accident. Driving While Distracted now carries new meaning. CNN reported that an NTSB representative said the incident was "another tragic example of the deadliness of distraction."

While this incident occurred on a waterway, cell phone distraction while driving has been an issue of increasing concern for years. As of December 2008, there were 271 million cell phones in use in the United States, representing 84% of the country's population. Drivers are increasingly distracting themselves by chatting, texting and emailing while on the road, often resulting in dangerous accidents. The National Highway Traffic Safety Administration estimates that driving while distracted contributes to one in every four car crashes. By some estimates, in as many as half of all crashes (there were six million last year), cell phone use was involved.

The widespread awareness of this problem has prompted government concern and states are now addressing the issue legislatively. Some states and municipalities have acted to ban texting while driving and/or driving with a handheld device, while six states - including Florida - have laws that prohibit local jurisdictions from enacting restrictions. In other states, localities are allowed to ban cell phone use or texting while driving. In October 2009, President Obama issued an order banning all 4.5 million federal employees from texting while driving.

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.

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! " »

A tour-bus driver employed by a Florida travel company struck and killed a pedestrian in Midtown Manhattan. The driver registered .083 in a subsequent breath alcohol test, reported the New York Post - more than twice the legal limit of .04 for commercial drivers.

The West Palm Beach man struck a 29-year-old Philadelphian man while driving an L&L Travel tour bus bus with 40 sightseeing tourists on board. Police reported finding an open 1.75-liter bottle of Smirnoff in the luggage compartment, and a silver travel mug nearly emptied of vodka, said the Post.

He is charged with vehicular manslaughter and driving while intoxicated. The victim was reportedly dragged behind the bus for nearly half a block and pronounced dead at Bellvue Hospital. A wrongful death lawsuit could potentially follow.

The driver has a history of traffic violations including three car accidents, speeding, and driving with a suspended license. One accident occurred in Fort Lauderdale when he was driving for All Together Bus Lines, now out of business.

The driver belongs to a Facebook rant group called "I Hate People Who Can't Drive for S--t."

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.

SeaWorld Orlando and Walt Disney World are both being sued in personal injury lawsuits involving employees at the theme parks who were killed on the job. The monorail driver killed in a train collision in July 2009 is suing Walt Disney World; the husband of a killer-whale trainer drowned by an orca last February is suing SeaWorld.

As the Orlando Sentinel reports, Florida law gives employers near-ironclad protection from lawsuits prompted by injuries and fatalities occurring on the job. Former Governor Jeb Bush and Florida's business lobby had championed an overhaul of the state's workers' compensation laws seven years ago, but critics say the system is slanted too heavily in favor of businesses.

Through workers' compensation, employees have the ability to obtain payment without slogging through expensive litigation, but they lose the ability to sue their employer for larger sums.

In accidents that lead to the death of an employee, cumulative wage payments are capped at $150,000, plus up to $7,500 to cover funeral expenses and -- in the cases of surviving spouses -- payment of student fees.

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

THIS MUST STOP! It is time for a serious call to action. The rogue parasailing industry MUST be regulated before more catastrophic injuries occur.

PLEASE JOIN ME and sign the petition in support of The Amber May Law.

I have been calling for the regulation of the parasailing industry since the tragic death of Amber May White more than three years ago in Pompano Beach, Florida. Terrible accidents and serious personal injuries continue. The latest occurred just two days ago during the Labor Day weekend, and was reported by the St. Petersburg Times. On Sunday afternoon a 27-year-old Florida vacationer from Georgia and her fiancé saw their happy holiday weekend turn ugly when their parasailing adventure in Clearwater went dangerously awry. The tether between the woman's harness and the towboat snapped, crashed her into the sand, dragged her along the beach, and slammed her into beach umbrellas and a volleyball court post. She was left with life-threatening injuries. Her fiancé landed in the water, sustaining minor injuries. As of last night, the woman was in a St. Petersburg Medical Center in critical condition.

Chief lifeguard Donavan Burns of Clearwater Beach stated that there was "a significantly sized storm... we saw it coming for hours." He said the winds picked up and were gusting over 34 mph in the area. Burns said they closed down the entire beach because of lightening, just after the incident.

As the St. Petersburg Times reports, there are no laws regulating when parasailing companies can or cannot take customers out on the water, despite the string of parasailing accidents that continue to be reported.

Former state Sen. Jim Sebesta, R-St. Petersburg, proposed legislation to tighten regulation on the industry three years in a row, the last time in 2006. Each time it failed. The proposed law, among other things, would have banned parasailing when gusts were 23 mph or higher.

In yet another example of a rogue industry run wild, a parasailing catastrophe was averted only by sheer luck. On Monday June 7, 2010, the state of Florida witnessed two more injuries occurring from the unregulated parasailing industry. The Miami Herald reported that a father and his six-year-old daughter were bounced across the water into a sea wall when their parasail malfunctioned east of Miami's Bayside Marketplace. They were taken to Jackson Memorial Hospital for treatment of what fortunately were only bumps and bruises.

"Their injuries could have been much worse," said Jorge Pino, spokesman for the Florida Fish and Wildlife Conservation Commission. Pino said that authorities are looking into whether the tow rope snapped or if a person from the boat cut it.

This incident is all too familiar and only reinforces the urgent 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 "The Rogue Parasailing Industry Runs Wild...Again!" »