Resort Injury Lawyer Blog

The Cruise Vessel Security and Safety Act signed into United States law in July 2010 seems to be firmly in place, not that it can totally prevent crimes or personal injury.

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.

REGISTER NOW for a symposium on the trends and developments for vacation, resort and recreational liability matters

Join us for an informative and interactive seminar on Resort Torts...and the Courts. Speakers will include trial attorney John Elliott Leighton, Circuit Judge Victoria Platzer and defense trial attorney Rolando Diaz. Together we will present these topics and answer your questions.

About Resort Torts

A Resort Tort is an instance of civil liability for negligent or intentional acts that arise out of a resort, vacation or recreational setting. Florida is one of the top destinations for tourists around the world, and these occurrences can happen anywhere in the state and vary in severity. The common focus is that they involve leisure recreational activities and travel.

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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.

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.

As The Cruise Vessel Security and Safety Act is being considered for global implementation by the International Maritime Organization (IMO), more international cruise ship incidents continue to occur.

Minor Abused on Carnival Cruise Ship

Last week, it was reported in Alabama that the U.S. Attorney's office in Mobile arrested a 19-year-old for abusing a minor on the Carnival Cruise Ship Elation, in international waters. The teen was transported to a Federal Courthouse in Mobile after the FBI investigated the matter, and the U.S. Attorney's office will prosecute the matter.

Girl Missing from Disney Wonder Cruise Ship

A 24-year-old girl working as part of the youth program on the Disney Wonder cruise ship has been missing for two weeks, after departing Los Angeles for a week along the Mexican Riviera. The Disney Wonder is registered in The Bahamas, where local police reportedly said they have found no evidence suggesting foul play.

Ill Passenger on Stretcher Dropped into Icy Seas

A British woman who became seriously ill with internal bleeding while on the Ocean Princess in Norway was being taken off the ship by emergency crews when she was dropped into the icy sea. A report states that the vessels weren't latched together and suddenly moved apart as she was being transferred off the ship. This caused rescue crews to drop the stretcher into the water, which was reported to have been minus 3 degrees that day. The woman was reportedly in the water for approximately 8 minutes.

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.

The International Cruise Victims Association (ICV) was created five years ago to address issues, laws and regulations related to crimes on cruise ships. The ICV now has active membership in more than 20 countries and has spearheaded important changes in the cruise industry.

• In 2006, several ICV members testified for the first time at a second Congressional hearing, presenting a 10-point program to improve safety on cruise lines. This list has grown to 13 points and has served as the basis for future legislation.

• In 2007, two additional Congressional hearings took place with Rep. Doris Matsui leading this effort in the House. In June of 2008, under the leadership of Senator John Kerry, a hearing was then held in the U. S. Senate. This resulted in the introduction of the Cruise Vessel Security and Safety Act which was passed in July 2010.

• In 2011, the ICV hopes to change the current 1920 law referred to as the "Death on the High Seas Act" (DOHSA) to hold cruise lines responsible for individuals that die on cruise ships where the cruise lines are at fault.

Concerns of cruise ship safety were highlighted last month, when 4,500 passengers and crew aboard the Carnival ship Splendor were stranded for three days at sea, without air conditioning, hot water, hot meals, or cell phone or Internet service, after a fire broke out on the first day of a seven-day Mexican cruise.

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.

Kendall Carver, president of International Cruise Victims, has expressed concern about increasing risks on increasingly large cruise ships. In an article published by the Palm Beach Post, Carver says: '...as ships get bigger and bigger, essentially becoming floating cities, they put more and more people at risk should the worst happen.'

Royal Caribbean's Allure of the Seas, which can hold 6,360 passengers and 2,100 crew, has made its debut as the largest cruise ship in the world, along with its twin, Oasis of the Seas. A spokeswoman cited the redundant propulsion, heating and air conditioning, lighting and water systems, that would provide lights, power and flushable toilets, all at a comfortable temperature, even if one engine compartment were rendered inoperable.

Concerns of cruise ship safety were highlighted last month, when 4,500 passengers and crew aboard the Carnival ship Splendor were stranded for three days at sea, without air conditioning, hot water, hot meals, or cell phone or Internet service, after a fire broke out on the first day of a seven-day Mexican cruise.

New rules for cruise ship safety measures were signed into law in July, with the Cruise Vessel Security and Safety Act. The Act includes requiring cruise lines to report crimes at sea, training staff to collect evidence of crimes, and specific requirements for safety features such as peep holes on cabin doors.

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 SEMINAR on INADEQUATE PREMISES SECURITY LITIGATION IN FLORIDA

>> Miami: November 4, 8:30am - 12:30pm
>> Orlando: November 11, 8:30am - 12:30pm

NO CHARGE for breakfast or 3.50 general credits including .50 ethics

TOPIC: Strategies and tactics in investigating, litigating and trying premises security cases; case law, relevant statutes, codes and ordinances.

The seminar will be presented by John Elliott Leighton - author of the two-volume treatise, Litigating Premises Security Cases (Thomson-West, 2006), the most comprehensive national text on handling and trying premises security cases. Mr. Leighton is managing partner of Leighton Law, P.A. His practice is focused on the representation of severely injured victims, primarily due to the failure to maintain reasonable or adequate security at commercial premises, Resort TortsTM, medical malpractice and consumer product liability.

Mr. Leighton is Chairman of the American Association for Justice (formerly Association of Trial Lawyers of America) Inadequate Security Litigation Group, past Chairman of ATLA's Motor Vehicle, Highway and Premises Liability Section, and a nationally recognized authority on inadequate security litigation. He is Chairman of The Academy of Trial Advocacy, a national invitation-only association of the nation's leading catastrophic injury trial lawyers. He is listed in "The Best Lawyers in America," Florida Trend Legal Elite's "Best Lawyers in Florida," and has been selected as a Florida SuperLawyer™ and South Florida Legal Guide "Top Lawyer."

A SEMINAR on INADEQUATE PREMISES SECURITY LITIGATION IN FLORIDA

Save the Date!
>> Miami: November 4, 8:30am - 12:30pm
>> Orlando: November 11, 8:30am - 12:30pm

NO CHARGE for breakfast or 3.50 general credits including .50 ethics

TOPIC: Strategies and tactics in investigating, litigating and trying premises security cases; case law, relevant statutes, codes and ordinances.

The seminar will be presented by John Elliott Leighton - author of the two-volume treatise, Litigating Premises Security Cases (Thomson-West, 2006), the most comprehensive national text on handling and trying premises security cases. Mr. Leighton is managing partner of Leighton Law, P.A. His practice is focused on the representation of severely injured victims, primarily due to the failure to maintain reasonable or adequate security at commercial premises, Resort TortsTM, medical malpractice and consumer product liability.

Mr. Leighton is Chairman of the American Association for Justice (formerly Association of Trial Lawyers of America) Inadequate Security Litigation Group, past Chairman of ATLA's Motor Vehicle, Highway and Premises Liability Section, and a nationally recognized authority on inadequate security litigation. He is Chairman of The Academy of Trial Advocacy, a national invitation-only association of the nation's leading catastrophic injury trial lawyers. He is listed in "The Best Lawyers in America," Florida Trend Legal Elite's "Best Lawyers in Florida," and has been selected as a Florida SuperLawyer™ and South Florida Legal Guide "Top Lawyer."

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.

Cruise lines must now report to the FBI all crimes aboard cruise ships AND must take actions to protect the crime victims. The new legislation requiring these measures was passed in Congress last month. Once it is signed by President Obama, it will enforce security measures requiring ships to install peep holes on cabin doors and make further changes affecting rail heights, warning devices, and other security measures. Cruise lines will also be required to provide shipboard medical care for victims of sexual assault and medical staff that knows how to collect forensic evidence, reports USA Today. Inadequate premises security is too often the culprit in personal injury cases that occur in tourist destinations, where vacationers naturally let their guard down to relax and 'get away from it all.' 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.

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" »