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.

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 Cruise Vessel Security and Safety Act signed into United States law in July 2010 may spread internationally. A proposal was made by the United States to the International Maritime Organization (IMO), the United Nations specialized agency with responsibility for the safety and security of shipping and the prevention of marine pollution by ships. The proposal is based on the principals of the U.S. Act, which seeks to improve the reporting and handling of cruise ship crimes.

Apart from the United States flagged ships or foreign flagged ships operating in an area subject to the jurisdiction of the United States, there are currently no international guidelines that explicitly address these passenger safety and security concerns.

The IMO currently has 169 Member States and three Associate Members, so moving beyond the proposal phase may prove challenging. The U.S.-based organization International Cruise Victims (ICV) sponsored the original Cruise Vessel Security and Safety Act and hopes that individual countries will move forward in the meantime, as the United States has done, to mandate this protection for their citizens.

The ICV is requesting that members and supporters ask for support from legislators around the world. "All of our members are victims or families of victims of the cruise industry, and we are committed to working as hard as we can to help with the approval of this important proposal", said Kendall Carver, Chairman of ICV.

International Cruise Victims organization is a not-for-profit organization dedicated to providing support to victims of crimes that occur on cruise ships, and to act as an advocate for legislative reform to protect passengers from crimes and increase the rights of victims of crimes that occur on cruise ships.

A woman has accused a Walt Disney World employee of raping her at Disney's Caribbean Beach Resort after luring her there with a Friends and Family hotel rate and free theme-park passes, reports the Orlando Sentinel.

The man charged with sexual battery is a Disney reservations clerk, now on unpaid leave pending the outcome of a criminal investigation. The Orange County Sheriff's Office is investigating whether the man booked rooms for other visitors with his employee discount and provided them with free admission to Disney parks with his employee pass, to determine if there might be other victims.

The woman first spoke to the accused when she called Walt Disney World reservations to inquire about hotel reservations and theme-park tickets. During the conversation, she mentioned that she was unemployed and wanted to spend her income-tax refund check on a vacation for her children. The man began sending her text messages and offered to book her a room under his Friends and family discount, saying that he was raised by a single mother and understood what it was like to want things, reports the Sentinel.

Records state the woman "made a point to tell [the man] that she was not willing to trade sexual favors for what he was doing."

The man met the woman at her hotel, took her and her children on a free tour of the Magic Kingdom, and then returned to the hotel with them. Reports state that he did not respond to "her hints for him to go." She eventually fell asleep and awoke when she felt him sexually assaulting her.

When he finally left the room, he took $40, her debit card and the key to the hotel room.

The Tourist Safety Act of 2011 has been signed by a Florida House panel. The legislation (HB 63) approved by the House Criminal Justice Subcommittee addresses the potential dangers and risks presented by people who illegally distribute 'handbills' such as pizza menus and other fliers in hotels, reports the Orlando Sentinel. The legislation arose because criminals are using bogus menus and coupons to gain credit-card numbers from tourists, to burglarize hotel rooms, and for identity theft at hotels in Central Florida. Attempted rape and the beating of a security guard were also reported in Daytona Beach.

The Act would require written authorization from the hotel to distribute menus. It would also make arrests easier, impose stiffer penalties on violators, and allow police to seize property used to commit the crimes under a contraband-forfeiture law commonly used in drug arrests. The Central Florida Hotel & Lodging Association and Walt Disney World (operator of around 25,000 hotel rooms time-share suites) supported the bill.

Inadequate security and premises liability lawsuits can unfold from crime occurring on resort and hotel premises. 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.

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

For more information on Litigating Premises Security Cases, click here.

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.

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.

The "Wave Season" of cruise ship bookings - the period from January to March when the majority of cruises are booked and travel agents offer extra incentives - is fast approaching. This year, wave season comes on the heels of cruise ship safety concerns prominently highlighted in the news and in Washington, DC.

The Cruise Vessel Security and Safety Act, signed into law in July, requires cruise lines to report crimes at sea, train staff to collect evidence of crimes, and install safety features such as peep holes on cabin doors.

The concerns for safety aboard these gigantic floating cities, which now carry up to 8,000 people, are many. Cruise expert Ross A. Klein reportedly testified before a Senate hearing in 2008, stating that the rate of sexual assault on cruise ships is almost twice the U.S. rate of forcible rape - about 56.9 per 100,000. The CDC lists more than a dozen outbreaks a year of gastrointestinal illness cases "evaluated by the medical staff before the ship arrives at a U.S. port, when sailing form a foreign port." [Those reports only cover cruise ships in which 3% or more of passengers or crew reported symptoms of diarrheal disease to the ships medical staff during the voyage.] And just last month, 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.

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.'

Vacationers need to be aware of the risks related to their travel plans, particularly when the goal is to relax and let go of everyday worries. 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 Florida Department of Law Enforcement released crime figures for the first six months of 2010 compared with last year, showing an overall drop in major crimes in Florida. A total of 19,000 less violent crimes were committed. Overall crime is down 4.8%, whereas total violent crime (murder, forcible sex offenses, robbery and aggravated assault) is down by 10.7%. Total non-violent crime (burglary, larceny and motor vehicle theft) declined 3.8 percent.

However, the murder rate was up 3.6% and there was a 5.8 percent increase in domestic violence murder.

The Sun Sentinel reported that while the murder rate also rose in Palm Beach County compared to last year, the area saw a decline in other crimes. An official at the Palm Beach County Sheriff's Office Violent Crimes Division attributed some of the crime drop to progress they've made curbing gang crimes and robberies, in part through cooperation with patrol officers and other police agencies. The County's increase in violent robberies was attributed to the slow economy, which typically means more desperation, boldness and brazenness.

Travelers and tourists should be aware that when crimes occur in hotels or motels, premises liability can come into play in incidents involving assaults due to negligent security or insufficient lighting, dangerous products, pool and spa tragedies, transportation negligence (plane, car, bus, or taxi crashes), boating accidents, and many others.

Key areas of potential hotel/motel 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.

Labor Day travel is expected to take more than 34.4 million Americans 50 miles or more from home this year. Florida Trend Magazine reports that 3.9 percent more Floridians will travel this year, compared with Labor Day in 2009. Travel to Orlando is already on the increase this summer and Orbitz.com ranks it in the top ten destinations for Labor Day, based on bookings.

While enjoying your holiday weekend away from home, be mindful that when vacationing, we are by nature less attentive to dangers. We are often in a new place, distracted by amusements and sights, and are focused on enjoying the surroundings. Accidents and crimes can, and unfortunately do, occur. When something goes wrong and the fun comes to a screeching halt due to an accident or a crime, it's important to know how to manage the situation in order to properly identify liabilities and recover your losses.

Resort Torts are instances of civil liability for negligent or intentional acts that arise out of a resort, vacation or recreational setting. They involve hotel-motel safety; cruise ship accidents; pleasure boating and jet ski incidents; amusement and theme park liability; aquatic, diving and swimming incidents; gaming and casinos; plane crashes; rental car liability; moped, bicycle and motorcycle safety; buses and tour guides; medical care provided to vacationers; and more.

Here are a few liability parameters to keep in mind, should you find yourself in an unfortunate situation while on vacation:
- Hotel owners and operators are bound by law to keep their premises safe and free from obstruction or danger.

- Owners of hotels and resorts, golf resorts, amusement or theme parks, etc. must display timely and clear notice of any danger that could be unknown to a guest.
- Owners and operators of hotels, resorts and amusement parks are liable for the acts of their employees and respective agents.
- If you sign a liability release for an activity offered by a park or resort, it must be clear and unequivocal regarding the specific risks related to the activity offered.
- Premises liability can come into play in incidents involving violent crime assaults due to negligent security or insufficient lighting, dangerous products, pool and spa tragedies, transportation negligence (plane/car/bus/taxi crashes), boating accidents, medical malpractice provided by an 'innkeeper' (hotel/motel) or cruise ship, and many others.

Click here for more information on Resort Torts

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 goal of the organization is to contribute to growing a cruise industry where passengers and crew members are safe and secure from victimization while on board a cruise ship. ICV has given cruise crime victims a forum to tell their stories and inform the public that there are serious issues that need to be addressed by lawmakers. Media around the world and lawmakers are taking notice of the need for cruise industry reform.

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.

Disney has been sued by a Pennsylvania tourist alleging negligence, battery, negligent infliction of emotional distress, and intentional and reckless infliction of emotional distress - at $50,000 a pop. The woman claims that her breast was groped by the person in a Donald Duck costume whom she had asked for an autograph. The $200,000 civil lawsuit originally filed in Pennsylvania's Court of Common Pleas in December 2009 has been transferred to Philadelphia's federal court after a request from Disney to move it there.

The lawsuit also states the Orange County Sheriff's Office has received 24 complaints alleging similar acts by costumed characters since 2004, according to The Orlando Sentinel's report of the case. A Sheriff's Office spokesman said that sex-crimes investigators are working on providing an official count. In 2004, a person dressed as Tigger was accused of groping a 13-year-old girl and her mother at Magic Kingdom's Mickey's Toontown Fair.

Resort Torts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. Negligent security cases involving hotels, resorts, and amusement and theme parks typically involve criminal assaults, including robberies and sexual assaults. The law governing negligent security cases is largely derivative of general premises liability law. The general statement of law is that one who possesses property (landlord/owner/lessee) owes a duty of care to the public (visitors, guests, invitees) to eliminate and protect them against accidental, negligent, and intentional acts of third parties. See generally, Restatement (Second) of Torts, § 344 (1963) (land possessor entreating members of public to do business is subject to liability to public for physical harm caused by intentionally harmful acts of third persons on property and by land possessor's failure to exercise reasonable care to provide adequate warning or protection).

The Disney lawsuit states that "[Disney] has engaged in a practice of placing corporate profits over public safety while attempting to cover up continuing, long-standing similar prior incidents."

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.

The Miami Herald reports that the Miami Beach Budget Advisory Committee has voted: Officials should consider placing surveillance cameras in the city's hot spot entertainment areas as a crime deterrent and a way to reduce police costs.

The new surveillance cameras would be installed in public areas to capture activity in tourist areas on tape - an invasion of privacy and a step towards 'Big Brother,' according to Mayor Matti Herrera Bower. "I don't know that in a tourist area people would love to have cameras watching what they do," she said.

But 35% of calls to Miami Beach police come from the entertainment district and, just last month, Miami Beach commissioners approved the installation of a $225,000 security and surveillance system including 16 cameras for the new Lincoln Park. "Cameras make people feel safe," Police Chief Carlos Noriega said.

The first of 30 cameras at Miami Beach intersections have already been installed. Meant to videotape cars that run red lights, they also stream 24-hour video that could capture other criminal acts.

In 2006, Miami installed surveillance cameras in the downtown area. Broward, Lighthouse Point, Hallandale, Fort Lauderdale and Dania Beach also have cameras for surveillance purposes.