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 daycare facility is not exactly a resort, but it also shouldn't be a place where abuse of 6-year-olds occurs.

On April 2, a lawsuit was filed against Kiddie U., Inc, on behalf of a child who was sexually abused there at age six by an older boy, according to the suit.

The Orlando, Florida daycare facility is accused of negligence, for providing an unsupervised area where the older child had created a concealed area in the form of a "fort" in the gym room, where the abuse allegedly took place, and for misrepresentation, having told the mother that there were cameras in every room.

The Orlando Sentinel reported the case filing and spoke with the boy's attorney, John Leighton, who said that the victim has since revealed that he was sexually battered by the older boy at least five times and is in therapy and has suffered emotional distress.

"It's a very sad situation, because it will take his entire life in a different trajectory," Leighton said.

Full article here.

A bizarre and tragic incident left an expectant mother and her unborn baby dead at a Fort Lauderdale hotel's poolside cabana.

The 27-year-old woman visiting from Massachusetts had just entered the cabana when a car plowed into it, killing her instantly. The car's driver reportedly lost control, hit a curb, crossed a sidewalk and continued 20 feet into the cabana. The driver sustained non-life-threatening injuries and was reported to be in stable condition.

An investigation is underway and charges against the driver are pending toxicology tests. A Breathalyzer and blood test were not performed immediately following the incident because the driver was injured. A myriad of legal issues could come into play, from driver negligence causing catastrophic injuries to premises liability and resort tort litigation.

The mother-to-be and her husband had traveled to Fort Lauderdale to attend the Real Marriage Tour at Calvary Chapel, where more than 3,000 people gathered for "discussions on love, friendship and sexuality in a program designed to strengthen marriages," reported the Sun Sentinel. The couple had won the trip in an essay contest, with a winning entry focused on their dedication to their faith and desire for one last vacation before the birth of their son. The victim of the fatal tragedy was a teaching assistant for a third-grade special education class in Massachusetts.

The heartbreak and emotional trauma the victim's husband is suffering is almost unimaginable. He would have returned home with his wife to a house prepared for the arrival of their child, and now will return alone.

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."

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.

The Miami Beach shooting incident during Memorial Day weekend has changed the 'foreseeability' factor for resort crimes in the area.

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.

With one tourist allegedly shot while running back into her hotel, and a total of 1 death and 7 injuries in an area chock-full of touristy hotels and restaurants, businesses on South Beach should consider how the crime grid factor might affect them, as the debate continues about ending the annual revenue-boosting Urban Beach Week.

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.

© Tobias Wenov | Dreamstime.com

This year, Florida Legislature will review several bills filed regarding the state's $60 billion tourism industry:
• A bill designed to preempt any future efforts to regulate vacation homes as if they were hotels or motels
• Stiffer penalties for people who distribute fliers on hotel properties (The Safety Act of 2011)
• Easier access to liquor permits for restaurants
• Preserving public spending on tourism advertising

Vacation home regulation is a contentious issue and could determine the requirements and responsibilities of those property owners. Vacation rentals have become a popular alternative to hotel accommodations in Florida, with an estimated 20,000 vacation homes in Central Florida alone, reports the Orlando Sentinel. Some hotels have argued that these homes should be forced to comply with the same rules that hotels must follow.

The regulation could also affect the safety and security of people who rent vacation homes, calling into question the issue of premises liability. Last year, the state Legislature passed a law freeing vacation home owners from having to install fire-sprinkler systems, which conventional hotels are required to do.

Inadequate security and premises liability lawsuits can unfold from accidents and crimes occurring on resort and hotel premises. Premises liability may result from negligent security, insufficient lighting, inadequate security or safety equipment, or other causes. In negligent security cases, the plaintiff who has been injured 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.

Negligent security and safety measures - ranging from inadequate lighting to faulty locking mechanisms and inadequate key control - can give way to resort torts including resort injuries, criminal acts, and even violent attacks, particularly when tourists are unfamiliar or unaware of the risks in their vacation environment.

A suspected burglar in the Weston Hills Country Club community turned up dead in the canal of the Club's golf course Sunday. The Sun-Sentinel reported that the Hollywood, Florida suspect died from asphyxia after accidentally drowning, according to the Broward County Sheriff's Office and Broward Medical Examiner.

A golfer noticed the body on Sunday and informed country club employees. It was not reported whether a weapon was found in the area, indicating that the suspect was armed.

During the burglary on March 7, one Hollywood man was arrested at the scene and two other men got away on foot. They are still at large, according to a Broward Sheriff's spokeswoman. She said it appeared that the deceased person found in the canal was attempting escape.

There were no details reported regarding premises security or barriers such as fencing around the golf course that might have prevented potentially armed robbers from entering the country club's property and endangering golfers and others at the club.

In January, an attempted robbery on the Deerfield Country Club golf course left a golfer dead.

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.

The Orlando Sentinel reported that Disney filed updated guest-injury reports with the state, revealing a death in December on the Prince Charming Regal Carousel in the Magic Kingdom. A 77-year-old woman with a pre-existing heat condition collapsed and died on the Carousel.

The Sentinel states that this was one of three incidents reported to state authorities for the fourth quarter of 2010 in accordance with an agreement in which "the parks avoid state ride-safety regulation in exchange for providing basic details about guest injuries."

The other resort injuries involved a 71-year-old woman who fell and broke a hip and shoulder following a ride on the Magic Kingdom Carousel, and a 76-year-old woman who fell on the moving loading platform to The Seas with Nemo & Friends at Epcot.

Disney World reported 24 guest injuries for all of 2010, while Universal Orlando reported three and Wet 'n Wild reported two. SeaWorld Orlando and Busch Gardens Tampa bay reported no injuries, despite bringing in approximately 10 million visitors per year, combined.

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.

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.

Resort Tort: Walt Disney World has been sued again, this time by a San Diego, California family whose 4-year-old son was scalded by nacho cheese sauce at Orlando's Magic Kingdom last March.

The boy was falling out of an unsteady chair when he grabbed a food tray on the table, containing a paper cup of scalding nacho cheese, which splashed onto his face, reports USA Today. The lawsuit claims he suffered "permanent scarring, pain and suffering," and his parents suffered "serious emotional distress." The San Diego Union-Tribune reports that the family spent months trying to resolve the case out of court, but was not successful.

Disney was also sued last week by a quadriplegic who was left in his wheelchair on a stalled boat for about 40 minutes during an evacuation of other park visitors on the ride.

A report of that incident said that while stuck, the man suffered a type of sudden and potentially life-threatening high blood pressure attack that affects people with spinal cord injuries. In the report, the man is quoted as saying that the attack "feel like an ice pick going through your temples." In the lawsuit, he alleges that Disney employees did not call paramedics when this happened. The Associated Press reported that the lawsuit also alleges Disneyland violated the Americans With Disabilities Act because it didn't have proper procedures in place for evacuating disabled passengers from the ride. The man is also suing for negligence, emotional distress and liability. He said Disney added "insult to injury" when Mickey Mouse and Minnie Mouse were sent to perform for him while he was treated at the park's first aid station.

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

Walt Disney Co. has been sued in U.S. District Court in Los Angeles, by a quadriplegic who was left in his wheelchair on a stalled boat for about 40 minutes during an evacuation of other park visitors on the ride.

A report of the incident said that while stuck, the man suffered a type of sudden and potentially life-threatening high blood pressure attack that affects people with spinal cord injuries. In the report, the man is quoted as saying that the attack "feel like an ice pick going through your temples." In the lawsuit, he alleges that Disney employees did not call paramedics when this happened.

The Associated Press reported that the lawsuit also alleges Disneyland violated the Americans With Disabilities Act because it didn't have proper procedures in place for evacuating disabled passengers from the ride. The man is also suing for negligence, emotional distress and liability. He said Disney added "insult to injury" when Mickey Mouse and Minnie Mouse were sent to perform for him while he was treated at the park's first aid station.

In Florida, between Walt Disney World and Universal Orlando, there were eight ride injuries reported in the third quarter of 2010, according to state records cited in the Orlando Sentinel.
1. Disney's Animal Kingdom: A man suffered a seizure on the Dinosaur ride.
2. Disney's Animal Kingdom: A man experienced chest pain on the ride Expedition Everest.
3. Disney's Epcot: A woman experienced chest pain on the ride Mission: Space.
4. Disney's Typhoon Lagoon: A man collapsed and eventually suffered a stroke after riding Storm Slides.
5. Disney's Typhoon Lagoon: A woman lost consciousness in the wave pool.
6. Disney's Magic Kingdom: A woman fell and broke her spine on the moving passenger-loading area for Buzz Lightyear's Space Ranger Spin.
7. Universal Orlando: A woman broke her ankle on Camp Jurassic in Islands of Adventure.
8. Wet 'n' Wild: Someone experienced chest pain requiring the use of a defibrillator on Der Stuka.

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