Resort Injury Lawyer Blog

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.

One week following the Titanic-like cruise ship disaster in the Mediterranean, the death toll reports have risen to 11, with 21 people still unaccounted for. The search for the missing has been paused several times due to the dangers of the ship's instability atop the rock where it sits half submerged. The magnitude of the resort tort lawsuits to follow is yet to be seen.

The Coast Guard transcript of the exchange between the Guard and the ship's captain was released to the press and revealed a contradiction from the captain's original public statement following the accident. The day of the incident, the captain stated that reports of him abandoning ship before the evacuation was complete were untrue. He stated that he and his officers were the last to leave the ship.

Translations of the transcript vary. Among the pieces published by The Washington Post:

(Captain) Schettino insisted he was on a rescue boat coordinating efforts.

"Alright," Schettino said. "I'm going."

Among the pieces published by Reuters:

Captain to Coast Guard: "I am on a life boat of rescue, I am under here. I am not going anywhere. I am here."

Captain to Coast Guard: "I am going on board."

As the Act requires, Royal Caribbean recently reported an alleged rape aboard one of its ships to the FBI and BSO, and allowed both to investigate the ship and port. The ship's 'guest care team' also offered the alleged victim assistance including medical care and counseling, according to a statement from the cruise line's manager of Global Corporate Communications, as reported in the Sun Sentinel.

The Sentinel article says that a 15-year-old girl from Iowa said she was lured from a teen dance club on board to a private room, where a 15-year-old boy said there would be a party. Instead, she said, there was only another man there, and the two of them raped her.

Both males live in Brazil, are being held in Broward, and appeared in court last Wednesday. The elder, a 20-year-old, was accused of one count of committing a lewd and lascivious act, ordered not leave the tri-county area and denied access to his or a replacement passport. The younger was charged with lewd and lascivious battery and held at the Broward Juvenile Assessment Center.

The International Cruise Victims Association (ICV) represents victims of crime on cruise ships, their families and friends, and individuals concerned about the problems of victimization and disappearances on cruise ships. The organization advocates for legislative reform to protect passengers from crimes and increase the rights of victims of crimes that do occur on cruise ships, and provides support to victims of crimes occurring on cruise ships.

The National Association for Victims of Crimes and the Rape, Assault, and Incest National Network (RAINN) have joined ICV in the effort to promote reform to the Cruise Line Industry.

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.

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.

Naples Bay Resort evacuated 24 hotel guests and 20 employees from its premises after an explosion occurred around 9am Thursday.

The Naples Daily News reported that an electrical worker installing meters at the Resort suffered first-, second- and possibly third-degree burns to his upper body from an electrical flash fire. The cause of the explosion is unknown and is being investigated.

The Naples Fire Chief stated that the electrician's life was saved only because he was wearing a face shield, eye protection and a fire-resistant shirt. The fireball was reportedly hot enough to vaporize nearby metal. A hotel corridor sustained smoke damage. The electrician was a subcontractor for FPL. Damages were estimated at $20,000.

Until the investigation is complete, negligence and/or liability for the explosion and its cause could only be speculative.

Related Resort Tort case law:

• In fulfilling its duty to maintain its premises in a reasonably safe condition, "a landowner must conduct inspections appropriate for the premises involved."
Yuniter v. A & A Edgewater of Florida, Inc., 707 So.2d 763 (Fla. 2d DCA 1998)

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.

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."

Resort Torts can include a wide variety of legal 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 and leisure activities.

According to the Orlando Sentinel, new filings with the state include the following injuries reported at Orlando theme parks:

Islands of Adventure
• A man from Puerto Rico had to have an eye removed after something stuck and lacerated it while he was riding the Dragon Challenge roller coaster in Universal Orlando's Islands of Adventure. According to the Sentinel, the description in the report Universal provided the state was "eye discomfort".

Walt Disney World
• An 18-year-old woman lost consciousness and experienced seizure-like symptoms in Castaway Creek.
• A woman injured an ankle on Mayday Falls.
• A woman lost consciousness after riding Mission: Space.
• A 16-year-old girl had a seizure on Star Tours.
• A woman fell and broke her leg at Haunted Mansion.
• Another woman fell and broke her leg on Prince Charming's Regal Carousel.

Wet 'n' Wild, owned by NBCUniversal
• An 8-year-old boy suffered a head injury on Storm.

Amusement Park Injury Reporting
In 2001, The International Association of Amusement Parks and Attractions (IAAPA), the amusement park industry trade group, began producing its own injuries-per-ride-cycle figure for amusement rides (roller coasters, Ferris wheels, etc.) operated at fixed site locations. Their methodology is that IAAPA asks its members each year to report the number of riders they've processed through the turnstiles of their mechanical amusement rides, and the number of customers they know of who were treated by a doctor for injuries caused by any of those rides. They then come up with a number of patron rides taken each year, and an aggregated count of ride-related injuries parks reported knowing about.

This reporting system does not collect any information useful for analysis of accident patterns or development of prevention strategies. No information is collected that would identify the ride, the park, the age/size of patrons involved, the type of accident, or the injuries sustained.

With 82 million visitors each year, Florida and its many tourist attractions give rise to Resort Torts - cases of civil liability for negligent or criminal in a resort, vacation or recreational setting. Click here to contact a board certified civil trial specialist with 26 years of experience representing victims of negligence in personal injury matters.

"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.

A shooting spree left one person dead and seven injured inside a downtown Miami nightclub. Nocturnal Nightclub, in Miami's Park West Entertainment District, has allegedly hosted "gangster parties" and has lax security, according to neighboring club owners, reported The Miami Herald. Miami police confirmed that the club had been rented by a promoter for the evening and no metal detectors were used.

The shooting occurred inside the club around 3:00am on a Sunday in a crowded second-floor room. Investigators suspected a rival confrontation sparked the shooting and not an alcohol-induced argument. The shooter had a seven-year criminal record including burglary, grand theft, forgery, petty theft, resisting arrest and assault and battery.

Shootings, stabbings and other acts of violence have routinely occurred in the Park West Entertainment District, located just south of Interstate 395 and just west of Biscayne Boulevard. Nocturnal has reportedly been more lax on security than other clubs in the area, some say due to financial troubles.

Inadequate security and premises liability lawsuits can unfold from violent crime in resort and recreational areas, including nightclubs. Premises liability may result from negligent security, inadequate security personnel, insufficient lighting, inadequate security equipment, or other causes. In negligent security cases, the plaintiff who has been injured due to a criminal act brings an action against the owner or manager of the premises or business. Those who are in control or in a position to prevent the incident where the plaintiff was injured are the parties who are most often defendants. 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.

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.

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.

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?

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."

Safety policies and procedures at hotels and resorts are keys to the safety of both guests and employees.

A simple light bulb change in the pool area of the Stonewall Resort and Conference Center in West Virginia resulted in a debilitating foot and ankle injury for a resort-employed electrician, who fell about 20 feet onto concrete, reported the West Virginia Record. The employee claims he received an electrical shock when changing the bulb, causing the fall from an extension ladder.

As a general rule, property owners have a duty to keep their premises in a reasonably safe condition to protect against dangers of which the owner is aware, should be aware, or might reasonably foresee.

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.