Resort Injury Lawyer Blog

In what can only be characterized as a repeat tragedy in South Florida, 28 year-old Kathleen Miskell of Connecticut was killed while riding a parasail off the coast of Pompano Beach, Florida yesterday. While her husband watched helplessly from the tandem parasail in which they were strapped, the harness holding Kathleen failed, throwing her 200 feet to the water. Ms. Miskell was pronounced dead at North Broward Medical Center a short time later.

This tragic death falls almost on the anniversary of the double tragedy involving 15 year-old Amber May White and her 16 year-old sister Crystal in 2007. Amber May was killed and Crystal suffered a severe head injury when the parasail on which they were riding disconnected from its line, throwing them into a building. This too occurred in Pompano Beach.

Mrs. Miskell died while aboard a Wave Blast Water Sports parasailing operation. The ride was operated out of the Sands Hotel in Pompano Beach. This took place by the Hillsboro Inlet.

In the years since the tragedy involving the White children, attempts have been made to regulate the parasailing industry. Attorney John Elliott Leighton, lead counsel for the White family in the litigation against the parasailing operators and resort where the tragedy occurred, has worked to propose legislation in Florida to prevent these types of horrors. His client and mother of the two girls, Shannon Kraus, has passionately worked toward passage of the Amber May Law, originally proposed by State Senator Gwen Margolis. The law would set minimum requirements for parasailing safety. The bill has failed to pass each time it has been proposed, being blocked by resort interests.

The death of Kathleen Miskell highlights the need for regulation. While visitors to Florida's resorts think they are in good hands, in reality there is no state or federal regulation. These tragedies keep occurring.

Without any regulation, it is only through aggressive litigation that the industry - and the resorts themselves - will place an emphasis on the safety of passengers as opposed to making a quick dollar. Currently anyone can get a boat, tow rope and parasail and open up a parasailing business. Unfortunately tourists are not informed of the risks or the experience or quality of the operators. Far too many of these operators fail to carry substantial insurance or inspect and replace their equipment in a timely manner. All of this contributes to eventual tragedy.

Board certified trial lawyer John Elliott Leighton has represented too many victims of parasailing mishaps. It is his hope that by bringing this situation to the attention of the public, both legislatures and the public will awaken before more people are injured or killed.

Mr. Leighton had to break the news of Ms. Miskell's death to Amber May's mother. Miskell died four days before the anniversary of Amber May's accident. Five years ago Shannon had to remove her daughter from life support and Amber May was buried on what would have been her 16th birthday. As Shannon said, " I hope no parent ever has to go through this again." Sadly, this time it is Ms. Miskell's husband Stephen who must suffer the greatest loss.

A lawsuit filed in Miami-Dade Circuit court Tuesday against Miami-based Carnival Cruise Lines Inc. and its Costa subsidiary seeks $528 million in damages resulting from the Costa Concordia cruise ship disaster.

The lawsuit names 39 plaintiffs who experienced the shipwreck in the Mediterranean last month in which 17 people have been confirmed dead and 15 are still missing. The damages sought include $78 million in compensatory damages and $450 in punitive damages, reports the Miami Herald.

On the same day, Costa announced that it would compensate passengers 11,000 euros plus reimbursement for cruise ticket costs and extra travel expenses. The deadline for passengers to accept the offer was extended to March 31. Costa released a statement regarding those who suffered the greatest losses:

"The families of deceased and missing victims and guests who were injured will be covered under a separate proposal based on their individual circumstances."

There is a question as to whether the half-billion dollar lawsuit will hold in Florida, given that the cruise tickets Costa issues require legal action to be filed in Italy. The counterargument is that Carnival Corp., a Miami-based company, and Costa are the same entity. More lawsuit filings in Florida are expected for passengers aboard the fated Costa cruise ship.

Cruise ships are virtual floating cities and prime locations for resort torts. As maritime hotels, they can lack fundamental safety policies, protocols, and procedures to protect passengers from harm. They generally fly foreign flags, so they do not have to comply with United States laws. Antiquated laws and contractual language limiting passenger rights and remedies can put travelers in a precarious position and require aggressive litigation. To learn more about Resort Torts, visit Leighton Law.

Two U.S. law firms are filing class-action lawsuits against Costa Cruises, asking for at least $160,000 per passenger involved in last week's resort tort disaster, according to the BBC. The shipwreck left 11 people dead, hundreds injured, and 21 still missing.

Owned by Miami-based Carnival Group, Costa Cruises blamed the captain of the Costa Concordia for veering off course and crashing into a rock, causing the ship to half sink. The captain has denied the charges of suspected manslaughter, for which he remains under house arrest.

A civil claim is being filed against him in Italy while lawsuits will reportedly be filed in Miami this week against Costa Cruises, with claimants seeking compensation for "continued medical care, loss of earnings as well as the psychological impact they had suffered while trying to get off the ship," reports the BBC. Liability against the company will point to regular route deviations in the past, lack of safeguards on board, and the alarm system.

More than 100 claimants are expected to seek two to three times the minimum claim and some as much as one million Euros.

Costa Cruises is currently focused on managing the immediate urgencies of the disaster but a spokesperson stated that the company has asked passengers to detail their expenses so that they can be reimbursed. Rescue efforts for the missing continue with caution as the ship continues to sink. Fuel tanks are full and could potentially rupture, contaminating the Mediterranean Sea and shorelines.

Resort Torts are cases of civil liability for negligent or criminal acts in a resort, vacation or recreational setting. They can encompass a variety of legal cases, revealing that tourists, business travelers and locals alike are all exposed to risk while traveling, vacation, or engaging in resort or pleasure activities... including NIGHTCLUBS.

The Sun Sentinel reported this week that a nightclub in Broward County, advertised from Fort Pierce to Miami, is a regular stop for Sheriff's deputies and city paramedics, for illegal drugs being sold and used, and for teenagers who have passed out, overdosed, or having seizures.

Pompano Beach Mayor Lamar Fisher said he receives weekly calls about the facility, from parents complaining about it. He wants the club's electronic dance music shows at Club Cinema - which pull in more than 2,000 people - shut down.

The Sun Sentinel article quoted the owner of the production company responsible for many of the shows at Club Cinema as saying that "Anything to do with electronic music, there's going to be drugs."

From April to September this year, 20 people at Club Cinema were treated by city fire-rescue crews - 11 of them under age 18 and 6 of them 18-20-year-olds.

Mayor Fisher said during a commission meeting this week: "One of these times we're going to lose a life and it's uncalled for."

"Eye-opening indictment of the way big business spins the media." --Variety
"Stunning debut ... Sends audiences out of the theater thinking in a brand new way." --Washington Post
"Entertaining, informative ... vividly illuminating." --Hollywood Reporter

HOT COFFEE is a feature-length documentary film by Susan Saladoff, revealing what really happened to Stella Liebeck, the Albuquerque woman who spilled coffee on herself and sued McDonald's. The film explores how and why the case garnered so much media attention, who funded the effort and to what end. After seeing this film, you will decide who really profited from spilling hot coffee.

From the HOT COFFEE Website:
The civil justice system has been under heavy attack for over 25 years. Despite the fact that federal legislation has never been successful, big business interests have won in the hearts and minds of average people. They launched a public relations campaign starting in the mid-80's and continuing over the last two decades to convince the public that we have out of control juries, too many frivolous lawsuits and a civil justice system that needs reforming. They have used anecdotes, half-truths and sometimes out and out lies in their efforts, for one purpose - to put limits on people's access to the court system, the one and only place where an average citizen can go toe to toe with those with money and power and still have a shot at justice.

Voters believe that we have a court system out of control that needs reforming. Although there are consumer advocacy groups who have attempted to set the story straight, there has yet to be enough money to launch the kind of public relations campaign for consumers that can even begin to combat and challenge the public relations campaigns of pro-business and tort reform groups.

We think this movie has the potential, with the right funding and effort, to really change the way people think about our civil justice system and access to the courts.

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.

In an editorial published yesterday in The St. Petersburg Times, a doctor not surprisingly endorsed the accountability of expert witnesses who could testify against her in a medical malpractice case, while also endorsing the new law that weakens accountability requirements for doctors.

This is hardly a balanced or objective argument.

Dr. Madelyn E. Butler's assertion that the new legislation "makes Florida a friendlier place to practice medicine" is tantamount to saying it's now easier for doctors to make major medical mistakes in Florida that injure or kill patients, and not have to answer for them.

Her perspective is not surprising, given that she is President of the Florida Medical Association. It would not be far-fetched to believe that her opinion is influenced by politics and special interests.

If physician accountability creates a "dangerous medical liability climate," what does the new legislation do for people who suffer catastrophic injuries or -worse- die at the hands of doctors who know their accountability has been limited? Is this not a more dangerous scenario?

Dr. Butler ignores the fact that the independent/conservative studies find that medical mistakes take the lives of 90,000 Americans each year and injure a million. What is most astonishing is that 9 out of 10 medical errors do not end up in a lawsuit or claim. How is it a dangerous climate to create a deterrence to mistakes and provide for compensation of those who are hurt by professional mistakes?

Dr. Butler claims that "Medical liability reforms such as HB 479 will make Florida a better place to practice medicine, positively affecting patients' access to care." She fails to see that care without accountability is unconscionable.

The reform indeed favors doctors, not patients' access to responsible care or to their rights to justice.

By capping damages, the law only punishes those patients who have been most seriously injured by malpractice. By requiring out-of-state expert physicians to obtain certification, it punishes victims because in-state doctors can always find other friendly doctors to testify for them. The patients face a more difficult battle because doctors within the state are often fearful of testifying against other doctors or hospitals, since their livelihood (and reputation and referrals) could be damaged.

The law is bad for everyone except those hospitals and doctors who make mistakes that hurt patients.

Dr. Butler, a practicing OB-GYN, also omits the fact that most OB-GYNs refuse to carry malpractice insurance, thereby guaranteeing that the few who do will pay a huge amount. Insurance is about risk spreading, which is why if only 10 people in a county carry car insurance their premiums would be hundreds of thousands of dollars.

Let me end on this rhetorical question: Do you think it is fair to limit the recovery of a patient who is the victim of a wrong leg surgery... by a doctor who had performed ANOTHER wrong leg surgery just a year before?
I represented a client in just that situation.
Do you think the accountability of the Board of Medicine prevented the second wrong leg surgery?
Do you think that paying a fine and writing an article on wrong leg surgery is the kind of accountability that promotes a friendlier place to practice medicine?
And is "friendly" really what the citizens of Florida deserve or need?
How about safer and accountable?

Royal Caribbean is being sued by a 17-year old girl who was allegedly raped onboard by a 31-year-old employee of the cruise line, reports the Miami New Times. The singer bought the underage girl several drinks after his band performance, including Jägerbombs, pressuring her to drink the shots, according to the lawsuit.

After several drinks, the singer said he needed to pick up something in his room and asked the girl to go with him. Once there, he allegedly engaged in oral sex and intercourse with the girl. When she said she wanted to leave, he said no, and continued to rape her. Another man arrived later and took pornographic photos of the drunken girl.

Royal Caribbean reportedly took her written statement of the incident when she was still intoxicated, testing .101 blood alcohol content.

The lawsuit also names the bartender who served the girl alcohol and the man who allegedly took photos of the rape.

The cruise was a high school graduation gift to the girl from her mother.

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.

More concerns regarding the healthcare and welfare of Florida citizens are in the spotlight with yet another reform bill passed last Thursday in the Florida Senate's budget committee.

The Medicaid reform bill seeks to expand the role of HMOs, doctor- and hospital-based networks, and other managed-care companies, allowing them almost full control of managing the Medicaid system, in order to reduce long-term costs, reported the Miami Herald.

The bill also proposes to limit lawsuits against some private medical school personnel, developmental-disability group homes and nursing homes.

It would also place a $250,000 limit on non-economic damages in wrongful-death lawsuits against nursing homes and also make it harder to sue for punitive damages.

Politicians claim that since Medicaid providers act as agents of the state, they should receive state protection.

The bill attempts to make it easier for the state to manage and avoid fraudulent claims, by ending the 'fee-for-service' system which currently pays about 80,000 providers for each service performed, and transitioning to a managed care system, whereby insurance companies would receive a capped amount to serve a patient.

Would you want to be treated by a doctor with 3 or more medical malpractice convictions?

Florida Senate Bill 1676 is aiming to allow for just that.

Citing concerns that the physician's practice environment in Florida is hindering the attraction of doctors to practice in Florida, the bill seeks to reverse Amendment 8 (s.26, Article X) which prohibits people who have been found to have committed three or more incidents of medical malpractice from being licensed by the State of Florida to provide health care services as a medical doctor.

SB1676 seeks to provide sovereign immunity to medical schools and their employees who provide patient services in public teaching hospitals, limiting the medical schools' liability to $200,000 and providing personal immunity to the doctors.

On April 4, The Senate Health Regulation Committee approved SB1676 in a 11-1 vote. The bill must now pass through two additional Senate committees.

Reckless driving for using his cell phone while behind the wheel - that's the conviction Christopher Bevis was facing in Melbourne, Florida. The head-on car crash he caused left a man with a fractured humerus, crushed left ankle, a traumatic brain injury affecting his speech.

The Daily Business Review reported that Bevis did not appear at the civil trial and a default judgment was entered. The court awarded the injured man $14.4 million

Case: Kroeger v. Bevis - Case No.: 2007-CA-015242

In April 2010, John Leighton presented "Driving While Distracted: The New DUI" to lawyers attending the American Association of Justice (AAJ) JazzFest Seminar in New Orleans.

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.

Join the campaign for a No Phone Zone.

A marine toxicologist and Exxon Valdez survivor reports in The Huffington Post that beach goers in four Gulf states are suffering skin rashes, blisters, welts, sore throats, ear bleeds and bronchitis after being in the ocean. The culprit? Dispersed oil - tiny bubbles of oil encased in chemical dispersants in the water column - and they're invisible. Overexposure to crude oil through inhalation and skin contact are known to create these symptoms.

Worse -- not only are small children at risk of breathing a higher dose of contaminants per body weight than adults, but children, pregnant women, people with compromised or stressed immune systems like cancer survivors and asthma sufferers, and African Americans are more at risk from oil and chemical exposure - the latter because they are prone to sickle cell anemia, reports the toxicologist.

Long-term effects of exposure to the chemical dispersants being used on the BP oil spill are yet to be seen but, as reported in The Tampa Tribune, the Centers For Disease Control and Prevention assert that long-term exposure can cause central nervous system problems or damage to the kidneys or liver.

BP and hotels alike - particularly those with private beaches - would do well to post warning signs about the hazards and potential for personal injury in the water. This may give rise to resort and hotel liability for failure to warn guests of a known hazard.

A Florida law takes effect July 1 that requires slip-and-fall plaintiffs to prove that the business knew or should have known about the substance that caused the fall and failed to clean it up. Prior to this law, plaintiffs only had to prove that an 'out-of-place' substance caused the injury.

The St. Petersburg Times reported that a staff analysis of the bill in the House of Representatives predicted that the change would give businesses an advantage, as it requires an extra burden of proof on the plaintiff.

But lawsuits are not likely to decline as a result. Businesses will continue to pay out money long before a jury is involved. Settlements are increasingly common, particularly in slip-and-fall cases where a business cannot prove it took appropriate precautions to prevent an accident.

According to the Times article, Florida is known nationally as an easy place to win slip-and-fall cases. The quality of legal counsel employed may have a dramatic effect on the ultimate settlement amount.

According to a study by Liability Consultants Inc., the average settlement in a rape security case is $600,000, and the average verdict in the same type of case is $1.75 million. The average verdict in an assault in a hotel or motel is $254,850, with 25% totaling $1 million or more.

The National Center for Victims of Crime is the nation's leading resource and advocacy organization for crime victims and those who serve them. The National Center has worked with grassroots organizations and criminal justice agencies throughout the United States serving millions of crime victims. The Center works to make sure all crime victims get the assistance and information they need, and provides GetHelp bulletins containing information on a wide range of topics, including the impact of crime, victims' rights, and the criminal and civil justice processes. The bulletins also include resources for victims, their families, and friends. The Center can be reached Monday - Friday, 8:30 am-8:30 pm ET at 1-800-FYI-CALL (1-800-394-2255).

The National Crime Victim Bar Association is a network of attorneys and allied professionals dedicated to facilitating civil actions brought by crime victims. Crime victims may be able to file civil lawsuits against perpetrators and responsible third parties for the damages the victims suffered as a result of the crime. Personal injury attorney John Elliott Leighton serves on the Advisory Board of the National Crime Victim Bar Association.

Continue reading "The National Center for Victims of Crime & National Crime Victim Bar Association" »