Miami Resort Injury Lawyer Blog

Our firm was recently hired by the personal representative of an Estate of an individual that died as a result of a very unfortunate accident at a local resort. As a result, the Estate's personal representative of the deceased individual asked us what type of compensation the Estate is entitled to receive.

The answer to that question is actually found in Florida's Wrongful Death Act. That Act was drafted by Florida's legislature and can be found at Fla. Stat. § 768.16 through § 768.26.

Section 768.19 sets forth the right of action for wrongful death. Section 768.19 states as follows:

When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or water craft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured......

Who May Bring Action for Wrongful Death?

A cause of action for wrongful death "shall be brought by the decedent's personal representative." F.S. 768.20. To eliminate the possibility of a multiplicity of suits and a race to judgment, the personal representative of the decedent is the only party qualified to commence a wrongful death action in Florida. Williams v. Infinity Insurance Co., 745 So. 2d 573 (Fla. 5th DCA 1999). The criteria for establishing who may qualify as the personal representative are set forth in F.S. 733.301-733.305.

If the personal representative fails to qualify or in some way may be disqualified, any settlement with an improperly qualified personal representative may be set aside by the duly qualified personal representative. This could subject the defendant to two actions. Therefore, counsel should insist on a certified copy of the letters of administration or their equivalent. Such documentation exists in our case and has been provided to us by the Plaintiffs' counsel.

Who is Entitled to Recover Under Wrongful Death Act?

The Act limits recovery to "survivors", as that term is defined under the Act. Section 768.18(1) specifically defines the classes of persons who qualify as "survivors" and whom are, therefore, entitled to recover some or all of the damages set forth in Section 768.21. Survivors includes:

Continue reading "Wrongful Death Claims in Florida" »

A recent brawl at the popular Aventura Mall is just another illustration of the importance of adequate security in public places.

As reported in the Miami Herald, a group of noisy teens had gathered to buy tickets to two movies opening Saturday. The line leading to the AMC 24 Theaters stretched from the box office to the nearby mall entrance. A fight soon broke out between two youths near the box office, spiraling quickly into a mass brawl that spread to the theater, across the mall and to the parking lots.

This is also not the first time such an incident has occurred at the Aventura Mall. Back in 2005, an off-duty Aventura officer, trying to remove a group of kids he said were causing trouble, said he was jumped by other teens. By the time the melee was over, police had used Taser stun guns against four youths.

The chaos invoked as a result of such incidents often leads to collateral damage. Many defenseless individuals are left to scurry and scramble to avoid harms way. Worse yet, many unfortunate individuals are unable to get out of harms way and are often injured as a result of the incident. Indeed, we recently worked with a young lady who sustained a life altering scar on her neck after having been shot in a parking lot. And she was a helpless bystander not involved in the fight in any way.

Our firm handles negligent security cases on a daily basis. Injured parties may be able to recover compensation from property owners and property managers for foreseeable criminal acts of third parties. Such claims are often classified as negligent security disputes.

Continue reading "Negligent Security: Brawl at Aventura Mall is the Result of Suspect Security" »

Florida began a major motorcycle initiative in 2008 as it became aware of this startling fact: Motorcycles make up about 6 percent of all Florida traffic, but those dying in motorcycle crashes made up 18 percent of all traffic deaths. Compare that with 1997, when deaths involving motorcycles were 5 percent of traffic fatalities.

But our Florida motorcyle accident lawyers continue to be concerned about the high numbers of serious and fatal pedestrian accidents and bicycle accidents that are occurring on Florida roads.

The steep rise in motorcycle deaths was occurring as more people turned to motorcycles for recreation and transportation to save on gas.

Faced with the realization that motorcycle deaths and injuries were skyrocketing, Florida officials had federal transportation officials visit the state, assess its motorcycle safety program and suggest improvements.

The result was a comprehensive plan to reduce deaths, injuries and crashes and the formation of the first motorcycle safety coalition in the state. That coalition -- made up of motorcycle clubs, motorcycle dealers, insurance companies, law enforcement, community safety groups and state traffic safety officials -- was tasked with implementing the plan.

Groups using state transportation department funding have been pushing the "Look Twice Save a Life" campaign, urging motorists to look out for motorcycle riders. And police also have begun cracking down on motorcycle riders who are speeding. In a 2008 transportation department survey of motorcycle riders, 30 percent reported driving faster than 110 mph. Another factor in the decline in motorcycle deaths could be a 2008 requirement that anyone applying to add a motorcycle endorsement to a driver's license take a motorcycle training course.

Last year, motorcycle riders aged 45 to 54 were involved in more deadly motorcycle crashes than any other age group. Those aged 25 to 34 are right behind them, according to the transportation department.

Continue reading "Motorcycle Deaths in Florida on the Decline " »

According to the Palm Beach Post, a growing number of major insurers won't write insurance policies for owners of so-called bully breeds. Bully breeds comprised of dogs thought to be aggressive even if the individual dog has shown no history or inclination to attack. Pit bulls are a classic example of a "bully" breed that may jeopardize insurance coverage for the dog owner.

A single dog bite can often be an expensive proposition for an insurance company. The average payout per dog bite is $24,461. High medical costs, and serious medical complications to the victim of a serious dog bite, can also expose an insurance company to damages topping off at $1 million, and beyond. That is particularly the case given it is uncommon for victims of serious dog bite attacks to require reconstructive surgery, and other expensive medical attention.

Our dog bite attorneys continue to be concerned about the alarming rate of dog bites that occur way too frequently in Florida. Each year, more than 4.5 million people are bitten by dogs, and nearly 900,000 of them - half of whom are children - require medical care. Yet these simple tips could help avoid a dog bite.

Owners of pit bulls, including Staffordshire terriers, Dobermans, Rottweilers, chows, Presa Canarios, Akitas, huskies and wolf hybrids cannot get homeowners, condo and renters policies through Castle Key, the subsidiary of Allstate that writes such policies in Florida. United Property & Casualty Insurance excludes the same dogs as Castle Key plus German shepherds, American Eskimos or any mixed breed that is half or more of any of the banned breeds.

State Farm Insurance ignores breed and focuses on a survey dog owners must fill out before they are approved. The form asks whether their dog has a history of bites and if so what measures the owner has taken, such as obedience classes or a fence, to prevent the animal from attacking again.

Continue reading "Insurance Coverage Often Unavailable in Florida Dog Bite Cases for Dog Owners of so Called "Bully" Dog Breeds" »

The President recently signed into law a piece of legislation regulating cruise ship safety and transparency. As reported in the USA Today, the new law mandates crime reporting, requires aid for rape victims, and forces all ships have cabin peepholes and guard rails at a certain height.

Specifically, the Cruise Vessel Security and Safety Act requires following:

• Cruise ships shall erect 42 inch guard rails, and peepholes in the cabin doors of every passenger and crew member;

• Cruise ships shall have on deck video surveillance systems and emergency sound systems installed;

• Cruise ships shall maintain a log book that records deaths, missing people, and allegations of any crime;

• Cruise ships shall be required to have rape kits on board, and medications to prevent sexually transmitted disease, and a trained sexual assault specialist to be on board each ship;

• The new shall also mandates that all crew members shall receive training in preventing and detecting crime, as well as preserving evidence and reporting crimes in international waters.

While many cruise lines, and crew ships, were already adhering to many of the of the components of this new law, this new law is a step in the right direction to change the public perception associated with one's safety while a passenger on a crew ship. Public perception has grown over the years that cruise ships are not safe in light of the many unfortunate incidents that have occurred on cruise ships over the past few years.

Continue reading "Legislation Aims to Make Cruise Ships Safer " »

New York City is in the process of launching a widespread public awareness campaign to help stop the growing spread of bedbugs. Recent reports reveal that 1 of every 15 New Yorkers battled bed bugs last year.

Bedbugs can cause great mental anguish with their persistent and fast-growing infestations, and they have rapidly multiplied throughout New York and many other US cities in recent years.

If you are thinking of taking a trip, it is important to keep a look-out for these creepy-crawling pests. Sadly, there has been a recent increase of travelers encountering bed bugs during their stays away from home, especially those in New York City. It may be wise to regularly check TripAdvisor or other travel-review websites for information and even photos confirming the presence of bed bugs in hotels.

In New York City, bed bugs have been discovered in theaters, clothing stores, office buildings, housing projects, and posh apartments. The recent outbreak in New York City also resulted in the closing of two trendy retail shops that prompted city officials to examine how they deal with the growing nuisance.

Bedbugs are about the size of an apple seed and often times live in places other than just beds. They can slip into cracks, and outlets, picture frames, lamps, and really just about any tiny space. Sadly, people who have bedbugs often never actually see them.

New York City is in the process of spending approximately $500,000 to begin educating the public on the growing bedbug epidemic. It is believed that more than 6% of all New Yorkers had battled bedbugs in the past year. That figure would equal roughly 400,000 adults in New York City. As a result, New York is taking the affirmative step of trying to educate the public in an effort to prevent the further spread of bedbugs. Indeed, the Environmental Protection Agency even recently hosted its first ever National Bedbugs Summit in response to the growing problem.

Continue reading "New York Spends Hundreds of Thousands of Dollars to Combat Bed Bugs While Bed Bug Attacks Continue to Increase In Miami and Nationally " »

Each year, nearly 300 children under the age of five drown in residential and public pools and spas. Other submersion incidents requiring medical attention, or hospitalization, number in the thousands, and many victims unfortunately experience permanent disability, including permanent brain damage.

Our personal injury attorneys continue to be concerned about the alarming rate of pool drownings, and other pool/spa related injuries, that occur way too frequently in Florida. Many other helpless victims are way too often injured in public swimming pools because many public swimming pools are too often deemed unsafe, dirty and dangerous.

According to the Miami Herald, from January 1 through July 23 of this year, five children under the age of five have drowned in Broward County and at least three more almost drowned. In Miami-Dade County, there have been at least three reported drownings of children under the age of five so far this year.

One of the biggest dangers in a public, or private, swimming pool, or spa, is the drain typically found on the bottom of the pool. Drains with broken, missing, or faulty covers can entrap hair, the body, limbs, and jewelry and clothing, or cause other mishap. The video found below illustrates this problem in greater detail.

In response to this growing issue, Congress passed the Virginia Graeme Baker Pool and Spa Safety Act, named after former Secretary of State James Baker's granddaughter, who became trapped in a hot-tub drain and drowned in 2002. This law set new standards for drain covers for public pools, spas, and hot tubs. The standards are optional for existing residential pools. However, all new equipment must meet the standards, so people repairing their pools or building new ones must install the new drain cover.

Of course, the best course of action to prevent these injuries from occurring is to ensure proper supervision of your children. The need for "arm length" supervision, of children, can't be stressed enough. Children should also wear life jackets while in a pool, and home owners should also place 4-foot high locked gates at home pools too.

Our firm has a proven track record representing clients in all areas of swimming pool related claims and premises liability claims. It is often helpful to work with an experienced attorney from the early stages of your case in an effort to strengthen the liability theory of your case, and help maximize potential recovery.

Continue reading "Pool and Spa Drownings & Prevention Efforts " »

I-75 was closed for several hours earlier this week following a very serious, and fatal, car accident. Official have identified the driver of the vehicle that was killed in the serious accident.

The fatal crash took place at about 3:50 am in the northbound lanes of I-75 at the Weston Road overpass. A 2004 Corvette, being driven by the victim, struck the left corner of a tractor trailer. After the impact, the Corvette veered into the path of a second tractor trailer, which pushed the Corvette to the side. That second truck came to a rest on top of the Corvette.

Being involved in a car accident is a nerve racking experience. Most car accident victims are often left disoriented, badly bruised, injured, and, as in the case of this recent auto accident on I-75, dead. Consequently, too often car accident victims, and their families, do not take the time to secure important documents, and gather critical information.

If you are involved in a car accident in Miami, Miami Beach, Ft. Lauderdale, South Florida and beyond, then these are but a few tips that may help strengthen your case:

• Seek immediate medical attention.
• Call the authorities to report the accident.
• Obtain the names and addresses of the driver and passenger of the other vehicle or vehicles.
• Obtain the name and address of any and all witnesses to the accident.
• Obtain all insurance information, including the name of the insurance company and policy number, of the other driver or drivers.
• Document how and where the accident occurred.
• Photograph the property damage to all vehicles and the accident scene.
• Do not admit fault for the accident.

Car accident victims should also speak with one of our experienced attorneys. We represented the insurance companies for years so we know all of their tricks. Therefore, call us today to discuss your case in greater detail.

The Florida Department of Highway Safety and Motor Vehicles reports that the total number of fatal accidents declined last year, to 2,563 from the 2,983 that were reported in 2008.

But our Florida bike accident lawyers continue to be concerned about the high numbers of serious and fatal pedestrian accidents and bicycle accidents that are occurring on Florida roads. In 2009, the number of fatal Florida bicycle accidents declined from 119 to 100, while fatal pedestrian accidents declined from 502 to 482.

However, Florida is among the most dangerous states in the nation for serious and fatal bicycle or pedestrian accidents. The National Highway Traffic Safety Administration reports that 125 cyclists were killed in Florida in 2005 -- the most of any state in the nation. Florida pedestrian accidents killed 490 people, second only to California, which was the nation's most dangerous state for walkers.

Pedestrian accidents and bicycle accidents frequently lead to very serious or fatal injuries. Both also have a high number of cases in which an at-fault motorist does not stop. When a motorist fails to stop, or when an at-fault driver does not have adequate insurance to compensate a victim for his or her injuries, victims of a Florida bicycle or pedestrian accident are often able to file a claim against their own insurance company.

Our Miami bike accident lawyers urge motorists who have been injured in a bicycle or pedestrian accident to consult an experienced attorney right away. We recommend that you not sign any documents -- either from your insurance company or the company of the at-fault driver -- and do not accept any payments until speaking to an experienced attorney.

Bicycle and pedestrian accidents frequently involve serious head injuries, spinal cord injuries, broken bones, joint injuries and other medical conditions that require extensive care and often lead to additional medical complications. Hiring an attorney capable of protecting your rights in a dispute with an insurance company in Miami is critical to protecting the long-term financial well-being of you and your family.

Continue reading "Florida Bicycle and Pedestrian Accident Victims May Need to Seek Damages from their Auto Insurance Policy" »

A recent government report reveals that many public pools are dirty and dangerous. The report revealed that 1 in 8 public pools were shut down within the past two years because of dirty, and contaminated, water or other problems like missing safety equipment.

It should come as no surprise, but kiddie pools were found to be the dirtiest. The kiddie pools suffered from fecal matter and improper chlorination.

Fecal matter was found to be a common factor not only in kiddie pools, but also in fountains where children often play. But fecal matter is not the only problem the report reveals. Another problem is urine.

Urine contains nitrogen and eats up chlorine in the pool water, thereby depleting the supply of chlorine in the pool. And in 1 in 5 adults have admitted to peeing in public pools.

Sweat and suntan lotion also have the same effect on the chlorine. Therefore, the more people in a swimming pool that are unfortunately urinating, or that went into the swimming pool to cool off because they were hot, sweaty and lathered in suntan lotion, are all causing the chlorine supply in the swimming pool to be depleted. The depletion of the chlorine in the swimming pool is attributed to a rise in bacteria and germs that can cause one to get sick.

The Center for Disease Control and Prevention (CDC) reveals that there are approximately 15 to 20 outbreaks from stomach problems, and other ailments, yearly that are blamed on dirty pools. The CDC suggests that people with diarrhea should not swim, and everyone should avoid swallowing pool water.

The CDC study suggests that a quarter of the swimming pool related outbreaks are caused by bacteria, viruses, or parasites that should have been killed by proper pool treatment and chlorination. Reports of pool related illnesses have been on the upswing over the course of the past decade. It is unknown if these increased reports are due to heighten awareness of the problem, more testing, or the addition of more swimming pools across the country.

Our firm has a proven track record representing clients in all areas of swimming pool related claims and premises liability claims. It is often helpful to work with an experienced attorney from the early stages of your case in an effort to strengthen the liability theory of your case, and help maximize potential recovery.

Continue reading "Public Swimming Pools Deemed Unsafe, Dirty and Dangerous" »

According to local news reports, a South Florida tourist was shot to death at a popular Miami Beach resort. As one would imagine, the shooting led to mass chaos at the resort.

A strange odor forced many investigating police officers to recoil in horror. The nasty odor also ruined a wedding reception, and forced the leader of Belize to be whisked away for security reasons. All of the stunned guests staying at that resort were also evacuated.

According to news reports, the slain victim, a Russian national, and a friend, had hired prostitutes for the evening. Shortly thereafter, the prostitutes' pimp showed up. The pimp then shot the victim one time in the upper torso. That shot was fatal. The pimp and the prostitutes escaped, but the alleged shooter later arrested.

This is just another example of the type of violent crime that could occur at any hotel or resort. As we previously reported, sexual assaults at hotels are on the rise. Violent crimes, such as this shooting, are also on the rise.

Hotels and resorts have a non-delegable duty to its guests to ensure that its premises are reasonably safe. They may attempt to ensure that its premises are safe by contracting with an outside security company to provide security services on its premises. However, just because they hire the services of a security company does not mean that they no longer have a duty to its patrons to keep its premises safe. Quite the contrary, they have a non-delegable duty to ensure that its guests are reasonable safe from foreseeable harm.

Our firm has a proven track record representing clients in all areas of negligent security and premises liability claims. It is often helpful to work with an experienced attorney from the early stages of your case in an effort to strengthen the liability theory of your case, and help maximize potential recovery.

Continue reading "Fatality at Miami Beach Hotel" »

The Federal Government is vigorously working to ensure that seafood, from the Gulf of Mexico, contaminated by the BP oil spill does not cause further damage and reach our dinner tables. It should come as no surprise that the contaminated fish may result in severe food poisoning if consumed.

Many restaurants, and other public establishments, may be serving seafood from the Gulf of Mexico that has been contaminated by the BP oil spill. This contaminated seafood will likely cause many individuals to fall seriously sick.

Food poisoning is the result of eating organisms or toxins in contaminated food. Most cases of food poisoning are from common bacteria such as Staphylococcus or E. coli. The general symptoms of food poisoning generally occur within two to six hours of it being the contaminated food, but in some instances the symptoms may not appear for hours, or days, later.

Food poisoning symptoms include, but are not limited to, abdominal cramps, diarrhea, fever and chills, headaches, nausea and vomiting, weakness, and other more serious issues such as respiratory arrest, as in the case of botulism.

The seafood from the Gulf of Mexico is not the only food product that can cause food poisoning these days. Indeed, and just recently, many Subway restaurants in Illinois were targeted as a result of a food borne illness outbreak. Many local hotels, and popular dining establishments, have also been the recent sites of increased food poisoning complaints.

Continue reading "BP Oil Spill Contaminating the Food Supply and Causing Food Poisoning" »

Dating back to Independence Day in 1776, when John Adams penned a letter to his wife Abigail saying, "I am apt to believe that this day will be celebrated by succeeding generations as the great anniversary festival. It ought to be solemnized with pomp and parade, with shows, games, sports, guns, bells, bonfires, and illuminations," fireworks have been a part of our country's history.

More than 100 years later, there were approximately 9,000 fireworks-related injuries, according to the American Pyrotechnics Association.

Because more fireworks are used on and around the Fourth of July in the U.S. than in any other celebration in the world, there is a larger concentration of fireworks related injuries during this time of the year. If you, or a loved one, are injured by fireworks while visting a hotel or resort, please contact our office today to discuss your legal rights.

The best thing to do to avoid the tragedy of fireworks accidents is not to use them at all, and to stay as far away from those who do. If you can't resist the joy of fireworkds, however, obey Florida's laws, purchase fireworks from a reputable store, and follow the Consumer Product Safety Commission's guidelines and the advice from the National Safe Kids Campaign.

Our firm wishes you a happy and safe Independence Day.

We recently reported on the rise of sexual assaults at many local hotels, and other public establishments. Additionally, with the economy placing financial pressure on many resorts to cut corners, many hotels and resorts may not have adequate security to properly safeguard against reasonably foreseeable criminal acts, or other acts of negligence.

In Florida, the duty owed to the injured party will depend on the injured party's status on the property at the time of the accident. The general rule in Florida is that a property owner owes a duty to eliminate and protect against reasonably foreseeable intentional acts of third parties. Furthermore, while the general rule in Florida is that a hotel, or resort, is not the insurer of the public safety, they do have a duty to protect guard against a reasonably foreseeable act.

Additionally, hotels and resorts have a non-delegable duty to its guests to ensure that its premises are reasonably safe. One way that a hotel, or resort, may attempt to ensure that its premises are safe is to contract with an outside security company to provide security services on its premises. However, just because the hotel, or resort, may hire the services of a security company, that does not mean that the hotel or resort no longer has a duty to its patrons to keep its premises safe. Quite the contrary, and to repeat, the hotel and resorts have a non-delegable duty to ensure that its guests are reasonable safe from foreseeable harm.

Alvarez & Barbara, LLP has extensive and successful experience representing clients in all areas of negligent security and premises liability claims. It is often helpful to work with an experienced attorney from the early stages of your case in an effort to strengthen the liability theory of your case, and maximize potential recovery.

Continue reading "Negligent Security at Hotels and Other Public Places " »

Florida, and South Florida in particular, attracts thousands of visitors each and every year. Many of those visitors travel to Florida to take advantage of the many fine beaches, lakes, and pools found throughout our great state.

Often times, many hotels, or resorts, advertise that one can participate in certain recreational activities, such as parasailing, while staying on their premises and enjoying their pools, lakes and beaches. And if those activities are unsupervised, unregulated, or just operated in a negligent manner, it could often times lead to serious injuries.

It is therefore critical to consult with an experienced personal injury lawyer if you, or a loved one, are injured while visiting Florida.

In Florida, one who maintains a public resort is required to exercise all proper precautions, skill and care commensurate with the circumstances to put and maintain the place and every part thereof in a reasonable safe condition for the use to which it may rightly be devoted. E.H.P. Corp. v. Cousin, 654 So.2d 976 (Fla. 2nd DCA 1995). In other words, in Florida, if a resort specifically caters to the public at large for its swimming pools, beaches, or other water related recreational activities, then those facts may be sufficient to impose a duty onto the resort to provide for adequate compensation for the injured party.

Beaches, and large swimming pools, are often times a haven for recreational activities that are much too often unregulated by the State and unsupervised by the resort. While the resorts may attempt to distance themselves from these "independent" operators of recreational activities on their property, the resorts very own promotional materials, and advertisements, will often likely be used to demonstrate that the "independent" operator is really nothing more than the resort's agent. This will allow an experienced personal injury attorney to seek adequate compensation for the party that was injured as a result of the "independent" operator's negligence.

Continue reading "Injured Parasailing or Engaging in other Recreational Activities While Visiting a Florida Resort or Hotel" »