Articles Posted in Resort Injury

Published on:

iStock_000017000922Medium-30%.jpg
We love our thrill rides. Well, at least until they provide real-life thrills. These are the type of thrills that injure and kill. While amusement and theme park rides are advertised as “thrilling” and “fun,” often they prove deadly. Numerous amusement park deaths are caused by roller coaster crashes. Because there is no centralized reporting or investigative agency, most of the time the only investigation into the cause of a catastrophe is by the ride operator itself.

in 2011 there were 1200 amusement ride accidents in the U.S., with about 4% resulting in serious physical harm or death. A study by the Center for Injury Research and Policy at Nationwide Children’s Hospital in Ohio reported that between 1990 and 2010, 92,000 children were injured in amusement ride accidents.

This summer there have been examples of ride gone awry. Yesterday a power outage at Orlando’s Disney World stranded 120 passengers on the monorail who were stuck for hours in the un-air conditioned ride. http://www.cnn.com/2014/07/13/us/florida-disney-monorail-evacuated/index.html?hpt=hp_t2

Published on:

IMG_6523-25%.jpg
Despite passage of the nation’s first law regulating parasailing, many who operate parasailing businesses still care more about cash than lives. The law, which goes into effect October 1, limits when parasailing can take place, the wind speeds and when there is lightning within 7 miles. Operators must review all weather forecasts available and keep a weather log.

Over the July 4th weekend the waters of South Florida were replete with instances of parasailing which violates the spirit and letter of the impending new law. The example here, from Miami’s Biscayne Bay, make it obvious that the operators are more interested in making money than in protecting vacationers. With threatening skies, high wind gusts and frequent lightning, there were few pleasure craft in the water on July 5th. But sure enough there were plenty of parasailing operations!

VACATION TIP: Never get on a parasailing operation without checking the weather, determining that the operator holds a Coast Guard license for transport of passengers, maintains a minimum of $1 million in liability insurance, maintains a VHF transceiver and a separate marine weather device providing National Weather Service updates and maintains a log of all weather prior to taking passengers out. Make sure that the operator is familiar with and complies with new Florida statute 327.375 governing commercial parasailing, also known as the White-Miskell Act.

Published on:

Parasailing Fotolia_12905495_M-50%.jpg
Shannon Kraus is a mother on a mission. Seven years after the death of her 15 year-old daughter and a brain injury to her 17 year-old, Shannon has succeeded in getting some measure of parasailing regulation passed in Florida.

Working with her attorney, John Leighton of Leighton Law, P.A., and countless hours of meetings with state and local legislators, plus continued parasailing injuries and deaths each year, the Florida Legislature finally passed a law to regulate parasailing safety:

http://www.actionhub.com/news/2014/06/24/florida-governor-signs-parasailing-bill-law/

Published on:

While vacationing in Miami Beach, a guest of the Fontainebleau resort got more than she expected: sexual battery and a very personal licking by her massage therapist. Masseuse Francisco Araica was charged with sexual battery after police said he inappropriately touched and licked a woman during a massage.

The hotel guest was having a massage at the Lapis Spa inside the Fontainebleau hotel on September 23rd when Araica sexually battered her. The man reportedly told the guest he “had never done this before but she was so beautiful.”

Vacationers at resorts often take advantage of the spa services and reasonably assume that the massage therapists are capable, qualified, trained, supervised and ethical. Most spa massages are exactly what the guest expected: therapeutic and relaxing. But guests are at the mercy of the massage therapist – and the spa itself – when in a vulnerable position of receiving a massage.

Published on:

In what can only be characterized as a repeat tragedy in South Florida, 28 year-old Kathleen Miskell of Connecticut was killed while riding a parasail off the coast of Pompano Beach, Florida yesterday. While her husband watched helplessly from the tandem parasail in which they were strapped, the harness holding Kathleen failed, throwing her 200 feet to the water. Ms. Miskell was pronounced dead at North Broward Medical Center a short time later.

This tragic death falls almost on the anniversary of the double tragedy involving 15 year-old Amber May White and her 16 year-old sister Crystal in 2007. Amber May was killed and Crystal suffered a severe head injury when the parasail on which they were riding disconnected from its line, throwing them into a building. This too occurred in Pompano Beach.

Mrs. Miskell died while aboard a Wave Blast Water Sports parasailing operation. The ride was operated out of the Sands Hotel in Pompano Beach. This took place by the Hillsboro Inlet.

Published on:

More details have been discovered about the driver who left a 27-year-old pregnant woman from Massachusetts dead in a poolside cabana at the Riverside Hotel in Fort Lauderdale.

The incident occurred March 18 when Rosa Maria Rivera, of Plantation, Florida, lost control of her car and crashed into the cabana, killing the seven months’ pregnant woman.

Rivera reported to a police officer that “she had an argument with her husband at a restaurant and sped off in her car just before the collision,” according to a search warrant reported by the Sun Sentinel.

Published on:

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.

Published on:

Resort torts continue in the cruise industry…

Not a Vacation CELEBRATION

The FBI is investigating a passenger reported missing from a Celebration Cruise Line ship, The Sun Sentinel reported. She was last seen in the ship’s casino around 1 a.m. and was reported missing by her boyfriend at 8 a.m. The ship was in international waters at the time, after leaving the Grand Bahamas Island port at 6 p.m. the night before. The card-swiping system that records passengers’ whereabouts indicated that she was last registered as being on board.

Published on:

Resort Torts logo FINAL.jpgResort torts could follow from the more than 450 passengers and 40 crew members aboard the Ruby Princess and Crown Princess cruise ships who came down with norovirus this week, a highly contagious gastrointestinal virus. Fort Lauderdale is the homeport for both ships.

A rash of the virus also broke out this week on Royal Caribbean’s Voyager of the Seas. The severity of the illness and symptoms experienced in these outbreaks has not been revealed but hours of sanitizing the ships were expected to delay the embarkation of passengers for the cruises scheduled to follow.

According to the CDC, “norovirus illness can be serious in young children, the elderly, and people with other health conditions; it can lead to severe dehydration, hospitalization and even death.”

Published on:

Cruise ship at port.jpgThe 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.”