Resort Injury Lawyer Blog

Resort torts continue in the cruise industry...

Not a Vacation CELEBRATION

The FBI is investigating a passenger reported missing from a Celebration Cruise Line ship, The Sun Sentinel reported. She was last seen in the ship's casino around 1 a.m. and was reported missing by her boyfriend at 8 a.m. The ship was in international waters at the time, after leaving the Grand Bahamas Island port at 6 p.m. the night before. The card-swiping system that records passengers' whereabouts indicated that she was last registered as being on board.

COSTA Catastrophes

On Monday, the Costa Cruise Line found itself in the news again, this time with a fire aboard the Costa Allegra. The fire set the ship adrift without power in the Indian Ocean and was towed to the Seychelles by a French fishing vessel, according to the Miami Herald. The fire originated in a generator room and none of the 1,000-plus people aboard were reported injured. Still, when the emergency alarm sounded and emergency instructions were announced, the 600+ passengers and 400+ crew members must have feared the worst, given Costa's shipwreck January 13 in the Mediterranean, where 25 people were killed, many injured, and seven remain missing.

Until rescue arrived, passengers reportedly were likely to sleep on outside decks since lack of power also meant no lights or air conditioning. Unfortunately that would put passengers closer to the risks involved with the threat of piracy - a reality in the region. Reportedly there was an Italian military team on anti-pirate duty aboard the ship.

CARNIVAL Crime

The Celebration and Costa incidents occurred the same week it was reported that guests aboard the Carnival Splendor cruise ship were robbed at gunpoint in Puerto Vallarta, Mexico. Twenty-two cruise passengers on an on-shore excursion were returning from a nature hike by bus, back to Puerto Vallarta. The bus was stopped by the armed men who stole cameras, cash and watches from the passengers. Carnival has since suspended that particular nature trail tour. Princess Cruises reportedly stopped docking in Puerto Vallarta last fall due to the dangers associated with the ongoing drug war in Mexico. Cruise lines also cancelled visits to Mazatlan, a port north of Puerto Vallarta, after a fatal shooting in a hotel parking lot in the city's tourist region.

An attempted robbery on the Deerfield Country Club golf course has left a golfer dead. The Sun Sentinel reported that Lataurus Randall, a 35-year-old man, was playing golf with Melvin Philpart near the 17th hole around 6:30 p.m. when two masked man stepped out of the bushes and attempted to rob them. Mr. Randall was shot in the back. Mr. Philpart was not injured. Mr. Randall was rushed to North Broward Medical Center by Deerfield Beach Fire Rescue but died Friday morning.

A golf course expert was quoted in the Sentinel article saying that most carts and golfers are not on the course that late in the dark. But this was not the first shooting at a South Florida golf club, according to the article. In 2009, a man shot at a golfer and nearby homes of the Killian Greens Golf Club. In 2006, a shop employee at the Forest Oaks Golf Club in Palm Beach County was shot while closing the store. And in 1998, a 65-year-old man was shot and killed on the 16th hole of the Bayshore Golf Course in Miami Beach during a robbery attempt.

Deerfield resident Marc Cohen states in the article: "It is chilling. You never think something like this would happen here. This is where you go to relax, not get robbed." Resort Torts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. They 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, particularly because they are focused on relaxing and enjoying their leisure activities and pleasant surroundings.

Negligent premises security is a serious matter and is sometimes a factor in incidents that occur at resort and recreational facilities including hotels, amusement parks, nightclubs, casinos, etc. Negligent security and safety measures can give way to injuries, criminal acts and violent attacks. Key areas of potential premises liability include:
• Perimeter control, or limiting access to a property through fencing, landscaping or other means (CPTED or "crime prevention through environmental design");
• Lighting, which may have been inadequate at the start or poorly maintained after installation;
• Security equipment, including access control, locking mechanisms and closed circuit television;
• A lack of security staff, or security personnel, who may not have been properly trained, or who took inappropriate action in a violent crime situation.

For information on Litigating Premises Security Cases, click here.

Tourists at Miami Beach's The Parisian Hotel on Collins Avenue were robbed at gunpoint inside their hotel room, reports The Miami Herald. The couple had returned to the hotel around midnight Sunday and found two men burglarizing their hotel room. The robbers took their personal belongings, cash, car keys, and their brown Dodge Avenger. Tipsters should call Miami-Dade Crime Stoppers at 305-471-TIPS.

The couple was lucky - this could have turned out much worse. Inadequate premises security is too often the culprit in personal injury cases that occur in tourist destinations. Inadequate security and premises liability lawsuits usually involve criminal assaults and violent crime due to negligent security, insufficient lighting, inadequate security equipment, inadequate security personnel, or other causes. The law governing these cases is derived from the general principle that those who own or possess property have a duty to protect users from accidental, negligent, and intentional acts of third parties.

ResortTorts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. involve aspects of hotel and motel safety, cruise ship litigation, pleasure boating and jet ski incidents, amusement and theme park liability, 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. ResortTorts 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.