Resort Injury Lawyer Blog

The Costa Concordia shipwreck tragedy in the Mediterranean has sparked a review of safety standards on cruise ships. The Transportation and Infrastructure Committee announced in a press release that it will conduct a hearing in February to review cruise ship safety including operating standards and crew training requirements.

Committee Chairman John L. Mica (R-FL) said in the release that "The Costa Concordia tragedy is a wakeup call for the United States and international maritime organizations to carefully review and make certain we have in place all appropriate standards to ensure passengers' safety on cruise ships." He said that "The Committee will review the events of this specific incident, current safety measures and training requirements set by law and international maritime transportation agreements to ensure this mode of transportation remains as safe as possible."

Mica stated that the tragedy appeared to be preventable and the hearing is an effort to prevent such tragedies in the future. Current U.S. laws and regulations will be reviewed in relation to vessels at U.S. ports and in U.S. waters but they do not necessarily apply to Americans cruising internationally. The United Nations Agency that regulates international shipping, the International Maritime Organization, will review the details of the recent tragedy and the current international maritime safety treaty, the Safety of Life at Sea Convention.

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)

From seizure to broken bone, head injury to loss of an eyeball, twelve visitors to Orlando experienced first-hand during Q3 2011 the dangers that lurk in parks designed for amusement. Walt Disney World reported the most injuries for Q3, totaling seven.

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.

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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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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.

Adding to recently updated injury reports and a bus crash injuring five people last month, a Disney worker died Monday morning from massive head injuries he suffered on Sunday while working at the Disney's Animal Kingdom.

The 52-year-old man was repairing "The Little Dip" portion of the Primeval Whirl roller coaster when a co-worker called 911, according to a Sun Sentinel report, which published the call transcript released by Reedy Creek Fire District, Walt Disney World's municipal fire department:

"We need somebody right now," a co-worker told a 911 dispatcher. "One of our maintenance guys got hit by a moving vehicle...He got in the way of a moving vehicle."

The man was airlifted to Orlando Regional Medical Center, where he died Monday morning. Details of the accident were not immediately released and an investigation is underway by the U.S. Occupational Safety and Health Administration. So far there have been no reports of a wrongful death lawsuit.

This is the second death associated with the Primeval Whirl. Another Disney employee was working on an elevated rider-loading platform in November 2007, when she was struck by one of the roller coaster vehicles, and died five days later. Disney was fined $21,000 for the accident and faulted five safety violations by federal investigators.

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.

Resort Torts are piling up at Disney. Disney's Magical Express bus collided with a tractor trailer in Orlando early this morning, injuring five people, including the bus driver. The bus provides transportation to and from the Orlando airport.

The accident follows last week's reports of two lawsuits filed against Disney: A San Diego, California family whose 4-year-old son was scalded by nacho cheese sauce at Orlando's Magic Kingdom last March; and a quadriplegic who was left in his wheelchair on a stalled boat of the "It's a Small World" attraction for about 40 minutes during an evacuation of other park visitors on the ride.

Two months ago, a tragic Disney bus incident involved a 69-year-old tourist, who was hit and killed by a Walt Disney World bus filled with passengers, in the parking lot of Disney's Port Orleans Resort.

In April, a 9-year-old boy riding his bicycle was pulled under the rear wheels of a Disney bus in the Fort Wilderness Resort and Campground. He was wearing a safety helmet, riding on the sidewalk. Disney faces a wrongful death lawsuit that points to sidewalk conditions and the park bus system for the death.

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.

Popular Ocean Drive on Miami Beach, typically teeming with strolling tourists, was lucky to skirt serious mass injuries Saturday when a hotel's overhang crashed to the sidewalk. Fire Rescue and inspectors arrived on the scene and determined that the collapse of the structure was due to wear and tear, according to the Miami Herald. The building inspector said that water build-up was likely the culprit and there should have been a water drainage system.

Related Case Law for ResortTorts:
• A landowner has 2 basic duties: reasonable care to maintain premises in reasonably safe condition, and give warning of concealed perils which are or should be known and which are unknown to invitee.
Williams v. Madden, 588 So.2d 41 (1 DCA 1991)

• 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)

ResortTorts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. Hazards can include premises liability such as trip and falls, violent crime/negligent security, defective premises design or layout, defective products, transportation negligence (plane crashes, car crashes, boating mishaps), medical malpractice provided by an innkeeper or cruise ship and many other types of dangers.

In the blast that killed seven people and injured 18 last November at a Playa del Carmen, Mexico resort, charges have now been filed for manslaughter, negligence causing injury and professional misconduct, reports the Vancouver Sun. The blast went through one of the hotel's lobbies and the entire property was subsequently closed for a week, following the discovery of propane and waste water leaks.

Names of those charged were not released but according to the Sun, they included both hotel employees and non-employees. The Grand Riviera Princess Hotel was fined $481,000 in December for modified propane installations that failed to conform with the original building plans.

Five Canadians were killed in the blast; three of their families have filed homicide complaints. Three additional Canadian families have filed complaints for injuries.

The Sun reports that the attorney general for the Mexican State of Quintana Roo, Francisco Alor, told the Mexican newspaper Reforma in December: "There's wrongful death and someone is going to go to jail for this or face justice."

Resort Torts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. Hazards can include premises liability such as trip and falls, violent crime/negligent security, defective premises design or layout, defective products, transportation negligence (plane crashes, car crashes, boating mishaps), medical malpractice provided by an innkeeper or cruise ship and many other types of dangers.

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.

Tragedy has already struck, as Orlando begins one of its busiest tourist seasons.

A 69-year-old tourist from Massachusetts was hit and killed early this morning by a Walt Disney World bus filled with passengers, in the parking lot of Disney's Port Orleans Resort, reports Central Florida's News 13. The report states that troopers from the Florida Highway Patrol said the man stepped in front of the bus and the driver did not have time to stop. They said the man was not in a crosswalk and the bus had the right-of-way.

In April of this year, a 9-year-old boy was killed by a Disney bus while riding his bicycle. Walt Disney Parks and Resorts U.S. and Disney bus driver David R. Rich are facing a wrongful death lawsuit by the boy's mother. The boy was riding his bicycle when the bike was pulled under the rear wheels of the bus on Big Pine Road in Disney's Fort Wilderness Resort and Campground. He was wearing a safety helmet, riding on the sidewalk. The lawsuit filed in Orlando's Circuit Court points to sidewalk conditions and the park bus system for the death.

According to the News 13 report, the FHP report blamed the bicycle accident on the fact that the tires on the boy's bicycle had little or no air in them.

A homicide investigation is underway in Playa del Carmen, Mexico, where five Canadians and seven Mexicans were killed by an explosion at the Grand Riviera Princess Hotel resort. Eighteen additional people suffered injuries.

Investigators are pursuing a theory that methane gas had accumulated from rotting material in waste water and the gas ignited, causing the explosion, the Vancouver Sun reports. Mexican authorities ruled out the possibility of an attack. Quintana Roo state attorney Francisco Alor said that homicide investigations are routine in Mexico whenever there are unexplained deaths. Complaints have been filed with Mexican authorities by three Canadian families.

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.

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 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. 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.

Continue reading "8 Resort Injuries Reported on Disney & Universal Theme Park Rides" »