Resort Injury Lawyer Blog

Sunbathers beware! The beach seems like the perfect place to kick back, relax, and maybe even take a snooze under the sun. But for some vacationers, being run over by a lifeguard truck can quickly change that relaxing mood.

The latest victim was a school teacher from North Carolina visiting Fort Lauderdale.

"All I can tell you is that suddenly I was a human speed bump," she told the Sun Sentinel. "There were tires moving over my body. I could have easily died."

The vehicle was a Fort Lauderdale Ocean Rescue truck. Surprisingly, the incident occurred near a lifeguard tower. The woman told the Sentinel that her injuries included burns, cuts, orthopedic and neurological injuries, which were treated at Broward General Medical Center. She's lucky they were not more serious, nor fatal.

Although legally sunbathers have the right of way over all traffic, several people have been run over on Florida beaches. Since 1995, there have been nearly 50 beach-driving accidents in Volusia County alone, all resulting in injury or death. Last year, a four-year-old child was hit and killed by a truck on New Smyrna Beach. Volusia County is among the defendants sued in that case, with a claim that the county should have created a safer environment for beachgoers.

Lifeguards are not the only trusted authorities to cause beach accidents. Last year, a woman suffered traumatic brain injuries after being struck by a police officer driving an ATV on Miami Beach, whose blood alcohol level was over the legal limit even five hours after the incident. The City of Miami Beach and the resort hotel that allegedly served alcohol to on-duty police officers on a regular basis were lawsuit contenders.

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

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

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

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

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

The National Highway Traffic Safety Administration estimates that driving while distracted contributes to one in every four car crashes. By some estimates, in as many as half of all crashes (there were six million last year), cell phone use was involved.

A slight departure from Resort Torts, my campaign against DWD -"Driving While Distracted" - is an issue I am passionate about.

It's encouraging that a jury has awarded the family of a woman killed in a car crash - believed to be caused by a texting driver - $8.8 million. But much is left to be done to keep peoples' eyes on the road and not distracted with the myriad electronic devices they carry and those that are even built into the car.

The Miami Herald reported that during the 60-day legislative session that begins this month, Florida legislators might consider a ban on texting while driving. Such bans are already enacted in 35 states. The current proposal, described by the Herald as "pretty mild," would make text-driving a secondary offense, meaning that a citation for it could only be issued in conjunction with another offense such as speeding or reckless driving. The ban would also apply to typing emails and instant messages. The first offense would render a $30 fine, and the second within five years would cost $60 and three points.
In the case of the $8.8 million verdict, text-driving appears to have again cost someone their life. In that incident, the victim was a mother of two young children. Her vehicle was struck by a 17-year-old who was driving between 61 and 69 miles per hour in a 40 mph zone, and weaving through traffic. An outgoing text on his phone was recorded two minutes before the paramedics were notified of the accident. The teenager was given a $2,000 fine and charged with speeding and reckless driving, but not vehicular homicide.

The National Transportation Board recently recommended that the Federal Government ban cell phone and all texting device use while driving. People tend to agree. Surveys reveal increasingly more people admitting to texting while driving, but the vast majority of them also say it should be illegal.

A deadly combination of factors in a Philadelphia waterway has left two tourists dead, a father of two young children jailed for a year, and several lawsuits still pending.

On the day of the incident, the operator of a 33-foot "Ride the Ducks" sightseeing boat anchored in a shipping channel of the Delaware River after detecting smoke and suspecting an onboard fire, cited CNN International. There were 35 passengers and two crew members on board.

Video footage shown on The Today Show revealed the shocking footage of a towed 250-foot sludge barge running over and submerging the tourist boat in a matter of seconds. Amazingly, only two tourists died in the accident.

The pilot of the tugboat towing the barge has been sentenced to one year and one day in prison and three years of supervised release for his role in the incident, after teary pleading by himself and his wife in court for leniency with the potential four-year sentence. The pilot admitted he was distracted by his cell phone and laptop prior to the collision, in part due to a call from his wife regarding complications that morning during their 6-year-old's eye surgery.

Litigation is still pending with K-Sea Transportation of East Brunswick, New Jersey and Ride the Ducks of Norcross, Georgia. Both companies have asked the federal government to limit their liability in the incident, according to the CNN report.

An NTSB report showed several people involved were on cell phones or computers at the time of the accident. Driving While Distracted now carries new meaning. CNN reported that an NTSB representative said the incident was "another tragic example of the deadliness of distraction."

While this incident occurred on a waterway, cell phone distraction while driving has been an issue of increasing concern for years. As of December 2008, there were 271 million cell phones in use in the United States, representing 84% of the country's population. Drivers are increasingly distracting themselves by chatting, texting and emailing while on the road, often resulting in dangerous accidents. The National Highway Traffic Safety Administration estimates that driving while distracted contributes to one in every four car crashes. By some estimates, in as many as half of all crashes (there were six million last year), cell phone use was involved.

The widespread awareness of this problem has prompted government concern and states are now addressing the issue legislatively. Some states and municipalities have acted to ban texting while driving and/or driving with a handheld device, while six states - including Florida - have laws that prohibit local jurisdictions from enacting restrictions. In other states, localities are allowed to ban cell phone use or texting while driving. In October 2009, President Obama issued an order banning all 4.5 million federal employees from texting while driving.

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.

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."

The St. Lucie County Fair on Florida's east coast was lucky to have a capable helicopter pilot on board Saturday when the chopper's engine died. The helicopter was giving rides at the fair, when it crashed into the fairgrounds.

© Andre Adams | Dreamstime.com

The pilot said the fuel pressure light came on and the engine sputtered and died, according to the Sun-Sentinel. The pilot employed emergency landing procedures to 'auto-rotate' into a field using the blades to slow the helicopter. The crash landing broke the chopper's tail rotor into several pieces. Luckily, the pilot and two passengers from Vero Beach, Florida were not injured.

The cause of the engine failure is under investigation.

The Helicopter Association International reported that in 2008 there were 140 civil helicopter accidents in the U.S., 29 of them fatal.

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.

Careless boating and unheeded warnings led to a 14-year-old girl's leg getting caught in a boat propeller on Juno Beach Pier in Palm Beach County over the weekend. Lifeguards had repeatedly warned the 22-foot boat to leave the swimming area, according to a Sun Sentinel report, but the boat continued toward the beach.

© Richardpross | Dreamstime.com

The girl and her friends were swimming in about 3 feet of water when the boat approached, and they attempted to climb in. Waves pushed the boat toward shore and eventually the driver revved the engine to prevent beaching it. The boat struck three of the girls and the propeller cut one of their legs, leaving the girl in critical but stable condition and undergoing surgery. The boat sped away after the accident and was later impounded after being found in Jupiter.

In 2007 there were 77 fatalities caused by boating accidents in Florida alone, which led the entire country. With over 1 million registered vessels in Florida, there were over 650 reported boating accidents resulting in injury, death or serious damage. It is estimated that there are another 350,000 non-registered boats using Florida's waterways.

Virtually all boating accidents are preventable. The most common cause of these tragedies is operator inexperience or inattention. 84% of all boating fatalities that occur on boats happen where operators have not completed a boating safety education course.

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.

Tragedy struck on Walt Disney World property when a 9-year-old boy found himself and his bicycle pulled under the right rear tire of a Disney Transport bus at the Fort Wilderness Resort, April 1, 2010. Despite wearing a helmet, the boy lost his life. According to a report by MSNBC, Florida Highway Patrol Sgt. Kim Montes said there was no evidence that the bus driver was impaired or driving recklessly and criminal charges are not expected, though a thorough investigation will be conducted.

In recent months, Disney theme parks reported several transportation incidents, including a Walt Disney World bus rear-ending a charter bus near the entrance of Epcot (seven passenger injuries), two buses colliding at Walt Disney World (twelve passenger injuries), and a collision crash of two monorails, resulting in the death of one of the operators. These incidents show a potential for increase in annual transportation crashes at Disney: In a one-year period during 2004-2005, there were four deaths and 19 injuries reported by Disney at its Florida theme parks, most but not all due to bus and transportation crashes. Disney has only been required to report incidents at its parks to state inspectors since 2001.

The amusement and entertainment giant paid $35,200 in fines imposed by the U.S. Occupational Safety and Health Administration (OSHA) and is facing a wrongful death lawsuit for the death of its monorail operator.