Resort Injury Lawyer Blog

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.

"Even among gambling friendly senators" there is mounting opposition to the massive destination resort casino plans proposed for South Florida, despite projections of an economic windfall.

A majority of the Senate Regulated Industries Committee has asked for significant changes to the current bill proposed for casino expansion legislation in the state. The Committee is known as being open to casino expansion, according to the Miami Herald, but is not yet willing to pass the current proposal.

The Florida Chamber of Commerce is lobbying against the bill on behalf of Disney and the Central Florida theme park and tourism industry.

The facilities in question are three $2 billion resort casinos in Miami-Dade and Broward Counties that could bring a reported $1.3 billion to $2.6 billion in annual gaming. The figure is based on 6.6 million to 14 million annual visitors to the resorts. The entire state of Florida currently sees around 82 million visitors annually.

The increase in visitors and resort activities would likely to give rise to a substantial increase in Resort Torts. If built, the initial proposed hotel alone is expected to have 5,200 rooms, making it the largest in the country.

The Senate sponsor of the casino resort bill, Ellyn Bogdanoff, estimates that 31% of the new gaming would compromise existing casinos, primarily the Seminole Hard Rock casinos. Casino cases in Florida currently hinge on the sovereign immunity of the Native American community that runs the facilities under their land grants. They cannot be sued and a plaintiff must go to tribal court. It is important to note, however, that not all areas of a casino location are necessarily tribe owned. Some of the shops and restaurants are "concessions" that are independently owned outside the tribe and can be sued outside tribal court. Common areas around a tribal casino are still considered tribal owned.

Florida already has a built-in base of resort tort victims because of the vast tourism industry throughout the state. Tourists are here to have a good time and relax, which can also mean letting their guard down in unfamiliar surroundings where alcohol and late nights prevail. Resort Torts can involve a wide range of cases, including 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; commercial and general aviation; rental car liability; moped, bicycle and motorcycle safety; buses and tour guides; travel industry liability for crime victims; medical care provided to vacationers, and many more.

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.

Be prepared for a rise in
Resort Torts ...

Florida Governor Rick Scott - "one of the least popular governors in America" - has decided that state background checks are no longer necessary for port employees.

By signing bill HB283 into law, the Governor has directly increased the vulnerability of Florida's 1,350 miles of coastline to criminal activity and terrorist attacks, not least the Port of Miami, which is recognized as the "Cargo Gateway of the Americas" and the "Cruise Capital of the World" - boasting the largest passenger cruise ship port on the planet.

Considering the millions of cruise passengers who travel through Florida's seven seaports (12.9 million between Oct. 2008 and Sept. 2009), the new bill is completely counterintuitive to The Cruise Vessel Security and Safety Act signed into law a year ago by President Obama. While that Act required increased safety and security measures aboard cruise ships, apparently the Governor does not have the same concern about the comings and goings at the ports.

Putting people at risk in order to cut corners and redirect a few dollars makes no sense for a state that relies on tourism as the largest sector of its economy.

The language in the bill is a virtual invitation to criminals:
• "deletes provisions relating to statewide minimum standards for seaport security"
• "deletes provisions requiring that persons seeking authorization to access secure & restricted areas of seaport execute affidavit"
• "deletes provisions requiring fingerprint-based criminal history checks

A poll last month revealed that 57% of voters disapprove of the Governor's job performance, as reported by the Miami Herald. Along with a rise in criminal activity at the Port of Miami and all along the Florida coastline, we're likely to see the Governor's disapproval rating continue to rise as well.

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.

A tour-bus driver employed by a Florida travel company struck and killed a pedestrian in Midtown Manhattan. The driver registered .083 in a subsequent breath alcohol test, reported the New York Post - more than twice the legal limit of .04 for commercial drivers.

The West Palm Beach man struck a 29-year-old Philadelphian man while driving an L&L Travel tour bus bus with 40 sightseeing tourists on board. Police reported finding an open 1.75-liter bottle of Smirnoff in the luggage compartment, and a silver travel mug nearly emptied of vodka, said the Post.

He is charged with vehicular manslaughter and driving while intoxicated. The victim was reportedly dragged behind the bus for nearly half a block and pronounced dead at Bellvue Hospital. A wrongful death lawsuit could potentially follow.

The driver has a history of traffic violations including three car accidents, speeding, and driving with a suspended license. One accident occurred in Fort Lauderdale when he was driving for All Together Bus Lines, now out of business.

The driver belongs to a Facebook rant group called "I Hate People Who Can't Drive for S--t."

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.

© 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.

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.

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.

© Benkrut | Dreamstime.com
Despite the dirty beaches, health issues, and lawsuits resulting from the Gulf oil spill last year, overall tourism increased in Florida by 2%, reports the Sarasota Herald-Tribune. The rise follows a two-year drop in visitors of nearly 4%.

Visit Florida, the state's tourism bureau, estimates that a total of 82.6 million visitors traveled to Florida in 2010. Visitors spend $60 billion annually in Florida and generate 22% of the state's total sales tax revenue. The tourism industry provides about one million jobs in Florida.

All this can 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.

When there's trouble in paradise...What are you liable for, as a business owner?

Today's law says that the duty of premises owners and operators is to keep their premises safe and free from obstructions or dangers. Timely and clear notice of any danger that could be unknown to the "invitee," must be clearly displayed. The law also provides that owners/operators of hotels, resort, or amusement parks are generally liable for the acts of their employees and respective agents.

Negligent security cases involving hotels, resorts and amusement and theme parks typically involve criminal assaults, such as robberies and sexual assaults. The law governing negligent security cases is largely a derivative of general premises liability law. The one who possesses the property is responsible for the care to the public. They must protect them from reasonably foreseeable intentional acts of third parties. Owners are obligated to provide adequate warning or protection.

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.