Miami Resort Injury Lawyer Blog

Costa Crociere SpA, a unit of the world's largest cruise ship operator, the Miami based Carnival Corp., is offering all uninjured passengers $14,460 apiece to compensate them for the lost baggage and psychological trauma after the shipwreck tragedy off Tuscany.

The cruise ship operator is also planning on reimbursing the passengers the full costs of their cruise, their travel expenses and any medical expenses sustained after the shipwreck when the cruise ship ran aground in the Mediterranean.

There were over 4,000 passengers on that ill fated cruise ship, from over 61 nations. This deal, however, does not apply to the crew on board of the ship. Nor does it apply to the people that were in fact injured, or to the families who lost loved ones.

The cruise ship gashed its hull on reefs off the island of Giglio after the captain improperly navigated the large cruise ship off its approve route in an effort to bring it closer to the Giglio coast line. Some 4,200 passengers and crew were hastily evacuated after the Concordia ran aground and capsized a few kilometers away near the port of Giglio.

Sixteen bodies have been recovered while another 16 remain missing. Passengers have said that the evacuation was chaotic. Adding to the chaos is the fact that the captain did not remain on board during the chaotic evacuation.

While this incident was certainly the exception, and not the norm, it is still an example of the type of horrifying and frightening tragedy that could happen while on a cruise.

Continue reading "Costa Crociere Spa Makes Settlement Offer to Passengers on the Cruise Ship that Ran Aground and Capsized off Tuscany" »

We often leave our little bundles of joy at day cares and pre-schools.

What duty do those day cares and schools have to look after our children?

Florida Law provides that teachers and schools have an obligation to supervise the activity of children when the child is entrusted to their care. Benton v. The School Board of Broward County, 386 So. 2d 831 (Fla. 4th DCA 1980); Barrera v. Dade County School Board, 366 So. 2d 531 (Fla. 3d DCA 1979); Rupp v. Dade County School Board, 417 So. 2d 658, 666 (Fla. 1982); Concepcion v. Archdiocese of Miami, 693 So. 2d 1103 (Fla. 3d DCA 1997).

A private day-care center owes its children in attendance a high degree of care, and the relationship between a child and his or her day-care center includes both an implied agreement and a duty to render reasonable care to a child in its custody who becomes imperiled. Restatement (Second) of Torts § 314.

Put simply, day-care centers have a duty to render aid to children in their custody.

A day care, for instance, is operated for profit and they typically holds themselves out as a professional provider of day-care services. This service is the primary and basic service for which that day care charges parents and it is also undeniably its main function.

In fact, Florida Law also provides that all persons or entities chargeable with a duty of care to children are chargeable with a higher degree of care for the safety of the children than of adults. Bagdad Land & Lumber Co., 140 So. 798 (Fla. 1932) (Children are expected to act upon childish instincts and impulses. Accordingly, it must be presumed that children have less ability to take care of themselves than adults have. Therefore, in cases where a child's safety is involved, more care is demanded than towards adults.); Burdine's Inc. v. McConnel, 1 So. 2d 462 (Fla. 1941) (Those who invite children who have not arrived at the age of discretion, to go upon their premises are required to exercise a relatively higher degree of care for their safety than for the safety of adult invitees).

Therefore, day cares in particular are required to exercise the highest degree of care toward children.

Continue reading "Duty of Care Toward Children in Day Cares" »

Texting and driving has become all too familiar in South Florida, and around the country. Indeed, the National Transportation Safety Board recently voted to recommend a ban on the use of all mobile devices by drivers while driving. It did so because of the risk of too many distracted drivers on the road. The proposed ban applies to hands free devices, and is a recommendation that goes further than any state or federal law issued to date.

The dangers of a distracted driver doing too much texting while driving was highlighted in a recent jury trial in Miami-Dade County. In that case, a jury awarded $8.8 million dollars to the family of a mother killed in a collision with a teenage driver back in 2008. The teenage driver is believed to have been texting while speeding.

The deceased mother was a passenger in a car driven by her husband, traveling eastbound on Bird Road. The teenage driver, age 17 at the time of the car accident, was speeding and weaving in and out of traffic in his father's car. He was traveling at rates of speed as high as 69 MPH in a 40 MPH zone.

There was also marijuana and cocaine in the vehicle being driven by the teenager, and a partially consumed bottle of Delsym cough syrup.

The teenage slammed into the Mother's vehicle. She died on the scene. Her husband, who was driving, suffered internal injuries - including substantial abdominal bleeding, and a large cut from his chest to his stomach from the impact. The couple had two young children, who were not in the car at the time. But they lost their mother in the car accident.

This case coupled with the National Transportation Safety Board's proposed recent ban on texting and driving highlight the dangers of being distracted while driving.

Continue reading "Jury Awards $8.8 Million to the Family of a Mother killed in a Car Accident Caused by a Distracted Teenage Driver - The Time has Come to Ban Texting and Driving" »

People from all over the world travel to Miami in an effort to get the latest and best in cosmetic surgery. But not all of the cosmetic care being provided is legal or healthy. Indeed, South Florida has become the nation's capital of black-market beauty treatments.

People are getting everything from silicone shots, Botox, and in some cases plastic surgery, at parties, or during private appointments in houses, hotel rooms, beauty salons and makeshift offices.

The unlicensed practitioners, who include doctors trained in other countries, nurses, medical aides and even beauticians, or worse, untrained amateurs simply looking to defraud a willing public for an extra buck, attract patients with low fees, a willingness to use illegal permanent wrinkle fillers, a congenial atmosphere or the convenience of not needing to make an appointment weeks in advance.

It's an epidemic, and it is growing. Take, for instance, the cruel case of a plastic surgeon patient who had her butt implants filled with cement and sealed with super glue by a transgender woman who had been accuse of unlawfully practicing medicine. This tale serves as a cautionary reminder to do your homework on the health care professional that you have selected to perform your cosmetic procedure.

According to news reports, the transgender woman posed in Miami as a plastic surgeon and filled her victims' implants with a miscellany of materials, mineral oil and "Fix a Flat" sealant among them.

In this case, the victim was hospitalized and the transgender woman was arrested and held on $7,500 bond, but police believe she probably had other patients who have suffered from her amateur procedures.

The transgender woman's patients are not the first to be injected with unsafe materials in the name of beauty.

Indeed, Miami offers perfect-storm conditions for cosmetic crime. Miami's proximity to Central America and South America, along with a huge immigrant population and a party scene that caters to sculptured models and bodybuilders make it an ideal hothouse for bootleg procedures.

Continue reading "Cosmetic Surgery Can Be Very Expensive and Dangerous yet Miami has become the Nation's Capital of Black Market Beauty Treatment" »

An eight-year old boy was recently viciously attacked outside his home by a pitbull that had escaped from its owner. The young boy suffered serious facial injuries and had to be airlifted to Broward General Medical Center after being treated on sight by paramedics. The dangerous pitbull was later caught by law enforcement, but not before dramatically changing the life of this young boy and his family.

It is important to point out that not every dog-bite case is the same. As a dog-bite victim, you should be aware of several factors that might play a role on whether a recovery of damages is possible, including, but not limited to:

• A dog owner who denies (or in fact) has no insurance;
• Witnesses who are children, family members, or incapacitated;
• Jurisdictional statutes that include unique legal concepts that determine who can and cannot be held liable for a dog bite; and,
• Determining whether the victim was contributorily negligent, through provocation or lack of adequate parental supervision in incidents where the victim is a child.

Only an experienced dog bite attorney can tell you exactly what remedies you can
pursue against a defendant dog owner. This is determined after making a thorough evaluation of your case, which includes an investigation of the accident scene, collection of evidence and insurance information, tracking down the dog owner and witnesses, and securing an expert witness to testify as to the dangerous propensity of the animal.

Remember, not every owner is insured, which might preclude a recovery of damages. For those who are, it is important to find an attorney who understands the different types of policies that cover dog bites. In 2010, insurers paid out an estimated $410 million dollars to dog bite victims. In Florida, the average amount paid out to victims was $38,356.

To stress the point further, an inexperienced attorney might not discover that a dog owner's auto insurance policy might also include umbrella coverage. The attorney might drop the case and the statute of limitations might run, which will preclude any recovery for the victim. However, an experienced dog bite attorney will know that an umbrella policy provides an opportunity for a victim to recover damages for his or her injuries.

At Alvarez & Barbara, LLP, we are experienced personal injury attorneys who represent victims of dog bite and other animal attacks. We work hard to help our clients obtain medical care, counseling services and compensation for their pain and emotional suffering.

Continue reading "Dog Bite Attacks" »

Women who drive a car built between 1998 and 2008 and who wear seatbelts are 40% more likely to be injured in a car accident compared with men who wear seatbelts in the same car built in those same years.

The dramatic difference has to do with the way car safety systems are designed.

On average, women are shorter and lighter than men, so the likelihood of injury from airbags increases.

One size fits all safety systems on older vehicles also plays a significant role.

But the data, however, only involves cars built between 1998 and 2008. These types of injuries for women, and the marked difference between injuries to men and women, do not occur with newer vehicles that are equipped with newer safety system.

As such, if you are operating a vehicle without advanced airbags, it's important to take into account the heightened risk of injury if you are a female driver.

What Should You Do If You Are Involved in a Car Accident.

Being involved in a car accident is a nerve racking experience. Most car accident victims are often left disoriented and badly bruised and injured. Consequently, too often car accident victims 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, South Florida and beyond, 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.

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.

Falling is a normal part of living in a world with gravity and accounts for millions of injuries every year. When a person is injured in a slip or trip and fall accident on someone else's property, he or she may be entitled to seek damages. Common damages that injured slip and fall victims may seek to recover include:

• Medical bills
• Rehabilitation expenses
• Prescription drug costs
• Time missed from work
• Affect on ability to earn an income
• Pain and suffering

Only an experienced attorney can tell you exactly what damages you are eligible to seek compensation for after thoroughly evaluating your case. A thorough evaluation includes an investigation of the accident scene, collection of evidence, tracking down witnesses and securing expert testimony as to the dangerous conditions present at the accident scene.

Here are some tips as to what you should do after you fall.

Inspect the Area.

Inspect the area where you fell. What caused you to fall? Did anyone see you fall? Write down the names, addresses and phone numbers of anyone in the vicinity where the incident occurred - both those who saw you fall, and others who were there after the incident - since you may need them as witnesses on your behalf if the landowner disputes your claim. Even if someone did not see you fall, he or she could, if necessary, describe your pain and the conditions of the floor, lighting, etc. immediately after you fell.

If the incident occurred in a store or place of business, speak with the manager or supervisor on duty. Have them make a record of the incident, and get a copy of anything prepared by the business. If anyone (especially an employee, supervisor or manager) makes a comment suggesting that this has occurred before, or that they were aware of the condition before your fall, make a mental note. If possible, get the name of the person who make the comment. As soon as you are out of the store, write down the name and what exactly the person said, and who else heard him make the statement.

Even if the condition that caused your fall is permanent, or semi-permanent (like ice on a sidewalk in Duluth in winter). Have someone take photographs of the area as soon as possible, so a record is made. Even "permanent conditions" have a way of changing if the landowner thinks that you might file a claim for injuries.

Seek Medical Attention

It is a good idea to see a medical doctor soon after a slip and fall accident so that you can be made aware of the extent of your injuries and get the care you need. A doctor can not only diagnose and treat your injury, but make you aware of how your injury may affect your life.

Take Pictures

It is important to take pictures of the accident scene as soon as possible after the accident. Pictures should be taken from a variety of angles and distances to properly document the accident scene. Failure to take pictures promptly after the accident can make it difficult to prove that hazardous conditions ever existed as property owners can clean up or fix the problem before you get a chance to document the problem.

Get Witness Contact Information

If anyone witnessed your slip and fall accident, it is important to write down their name, address and phone number so that you can contact them in the future if such testimony is necessary for proving a property owner's fault.

Report the Accident

If your accident occurred at a retail store or place of business, be sure to alert the manager of your accident before you leave the store. It is important to have documentation of your accident immediately after it happens.

If you or a loved one has been involved in a slip or trip and fall accident, be sure to contact an experienced slip and fall attorney for the advice and legal representation you need to pursue a successful case against a negligent property owner.

Continue reading "What to do if you are Injured in a Slip or Trip and Fall Accident" »

For many people, Halloween is a fun time to dress up in costumes, go trick-or-treating, attend parties, and eat yummy treats.

Halloween is not only a scary holiday, but it could be a dangerous one too for you and your loved ones. Therefore, it is important to plan ahead and use common sense when going trick or treating.

Below are tips to help make Halloween fun and safe for trick-or-treaters.

- Make sure your children are with you at all times. Never allow your children to enter a stranger's house, or even knock on a door without you present. There are some people in life that are not nice to kids, or that simply don't wish to participate in Halloween. So you have to be careful. Always make sure your children are within sight when you go out trick-or-treating with them.

- Crossing the street could be dangerous on Halloween. Therefore, please make sure to look both ways and in all directions to make sure that there are no cars coming. If the street has a stop light, wait until the cross walk light tells you that it is okay to cross. But always remember to check the street before crossing even if the cross walk light tells you it is okay to cross. And always hold your little one's hand while crossing the street.

- If your older children, or teenagers, are going out with friends, make sure you know where they are going and who they are going with.

- Fasten reflective tape to costumes and bags to help drivers see you.

- Hold a flashlight while trick-or-treating to help you see and others see you.

- Examine all treats for choking hazards and tampering before eating them. Limit the amount of treats you eat.

- Eat only factory-wrapped treats. Avoid eating homemade treats unless you know the cook well. This could help avoid food poisoning or biting into an apple with a razor blade in it.

And of course, above all else, have fun!

Happy Halloween to you and your family!

Continue reading "Halloween Safety Tips" »

Get ready. The sound of dice being thrown, roulette wheels being spun, and crowds cheering for the lure of easy money appears to be headed to South Florida.

What has been a pipe dream for so many for so long appears to be on the verge of being realized. Legalized gambling may be coming to Miami sooner than you think.

While South Florida has had gambling at the local Indian Reservation for years now, a strong push is being made to bring Las Vegas style gambling to downtown Miami.

Appellate Court Ruling is a Victory for the Hialeah Racetrack

A Tallahassee appellate court cleared the way for legislators to expand gambling in South Florida without a referendum vote. The ruling was a victory for the Hialeah Racetrack and serves as a promising omen for the push by the world's largest gaming companies to bring resort casinos to Florida.

The reason being is that this case concluded that Florida legislators can authorize slot machines anywhere in the State of Florida.

The immediate impact of this ruling is that the Hialeah Racetrack is now eligible to place slot machines on its facility. The reason being is because at issue in that case was whether or not the Hialeah Racetrack could put slot machines on its facility. The appellate court affirmed the lower court's ruling in concluding that the Hialeah Racetrack was free to add the slots.

Looking at the decision more broadly, this ruling will usher in a new era for equal access to gambling in Florida, especially in South Florida, by adding to an existing mix that includes horse and dog racing, jai alai and Seminole Indian casinos.

The era of the Resort Casino may be upon us

Florida legislators, led by Rep. Erik Fresen, are pushing a proposed plan to build three resort casinos in Miami Dade and Broward Counties without first having to seek voter approval. And such a plan is bolstered by the appellate court's ruling permitting slot machines to be added to the Hialeah Race track.

The plan would invite companies to submit bids for three casino licenses to a newly-created Florida Gaming Commission. Each of the bidders would be required to show that they will invest a minimum of $2 billion in capital in each facility.

Impact on South Florida

It is all but certain that gambling is coming to South Florida at some point in the near future. There is also no question that gambling will pump billions of dollars into the economy and help revitalize Miami-Dade county.

Gambling also has the potential of catapulting South Florida's status among international tourists and make South Florida one of the most popular tourist destinations in the United States, and that is above and beyond its current popularity.

But gambling will not be without its negatives. With the influx of more people and money into South Florida will no doubt come more crime. These "resort casinos" will need to be equipped to handle the large influx of potential travelers. And that is not just from a gambling perspective, but from a safety and risk management perspective. The best way to curtail violent crimes is prepare for them and properly staff the properties.

Continue reading "Gambling Appears to be Coming to South Florida" »

Thousands of party goers gather in Biscayne Bay off Miami to celebrate the annual Columbus Day Regatta. The event has been affectionately called the "Mardi Gras on Water" by many. Indeed, it is a fun event and a beautiful sight.

The Columbus Day Regatta traditionally takes place on the Sunday and Monday of Columbus Day Weekend. Hundreds of boats typically race down to Elliot Key on Sunday, and stay there over night. They all then race back on Monday.

It has a rich tradition that spans over 50 years. Part of that rich tradition includes the Duke of Verangua, Cristobal Colon, direct descendant of Columbus, granting the Columbus Day Cruising Regatta Club permission to fly the coat of arms of the original Columbus as a club emblem during the Columbus Day Regatta. And they have been doing so every year since 1960.

The Regatta is for sailboats but there are also motor boats who join the festivities. Especially the partying that has become synonymous with the Columbus Day Regatta. At Elliot Key, on the night of the race, there is always a party and it can get wild. As you can imagine there is sometimes some drinking and driving of motorboats.

And given all that partying that goes on during the Columbus Day Regatta it should come as no surprise that many are often injured during the Regatta.

Alcohol, partying and motor boats could be a lethal combination.

Three people were killed in boating accidents in 2002 and two college students died in a two-boat crash that severely injured seven others in 2006. In 2006, a rental boat had broken down, and was being towed. While it was being towed, it was struck, at a high rate of speed, by a 35 foot power boat. The collision caused the wrongful deaths of two of the boaters and many other were injured.

Tragedy has unfortunately occurred again at this year's Columbus Day Regatta. A 45 year old male fell off a yacht and was pulled under the vessel. He then got caught in the yacht's propellers. He died as a result of this fall.

When accidents do occur on the water with any kind of motorboats, yachts, Jet Skis, Wave Runners, sailboats, commercial vessels including tankers, freighters, cruise ships, and any other vessel or boat, maritime law applies. This is a specialized area of the law. For this type of case, you need a maritime lawyer who handles personal injuries.

Continue reading "Tragedy at the Columbus Day Regatta" »

Ft. Lauderdale recently earned the dubious distinction of being the most dangerous city in the country to drive. Indeed, four Florida cities made the list, with Ft. Lauderdale topping the list.

The list was based on traffic fatality statistics compiled from the National Highway Traffic Safety Administration.

So why does Florida rank so badly? Many blame the high number of New York transplants, and transplants from foreign nations, as well as the high number of tourists who travel to South Florida, for the reason. Others cite to the high number of spring breakers who to travel to Florida for some "fun in the sun." Others mention faulty and old roadways.

Nonetheless, here is the entire list:

1. Fort Lauderdale
2. Orlando
3. Augusta-Richmond Co., Georgia
4. Little Rock, Arkansas
5. San Bernardino, California
6. Salt Lake City, Utah
7. Chattanooga, Tennessee
8. Jackson, Mississippi
9. Memphis, Tennessee
10. Lubbock, Texas
11. Jacksonville
12. St. Petersburg
13. Tulsa, Oklahoma
14. Birmingham, Alabama
15. Oklahoma City, Oklahoma

What Should You Do If You Are Involved in a Car Accident.

Being involved in a car accident is a nerve racking experience. Most car accident victims are often left disoriented and badly bruised and injured. Consequently, too often car accident victims 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, South Florida and beyond, 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.

In what is becoming quite the regular occurrence in South Florida, a young man was stabbed at a popular South Beach nightclub. The stabbing resulted after a verbal altercation between two men at the nightclub.

The altercation started because the victim and his friends were approached by 24-year old Mark Belser. Allegedly, Belser touched one of the women in the victim's group inappropriately. The victim and Belser then began arguing. Belser eventually walked away after making taunting gestures and making cutting motions across his neck.

However, Belser would return in a short time. When he returned, the victim and Belser get into a physical altercation. Then, Belser began to stab the victim. Luckily, the victim did not sustain life-threatening injuries and is expected to fully recover.

According to police, it is not known whether Belser had the knife with him to begin with or if he went someplace else to get it.

Out of pure speculation, let's say that Belser grabbed the knife from a table or bar in the restaurant because an employee had left it there. That would certainly help establish a case that the nightclub was negligent.

Also, why weren't all these individuals removed from the premises after the verbal altercation? It's certainly possible that a jury could find that the nightclub provided inadequate security because the arguing individuals were not escorted from the club.

While we're not saying that the South Beach nightclub was negligent in any way, a competent attorney would take these factors into account if assessing this case. Ultimately, this nightclub has a duty to prevent is patrons from becoming the victims of violent crimes on its premises.

At Alvarez & Barbara, LLP, we have successfully represented clients in inadequate security cases. If you or a loved one are the victim of a violent crime on the premises of business or business operator, feel free to contact us for a free consultation.

Continue reading "Stabbing at South Beach Night Club" »

Recently, four people were injured outside of club 90 degrees located near 11th Street and Northeast First Avenue in Miami. Luckily, all are expected to be okay as they received non-life threatening injuries.

The incident started inside the club when a fight broke out between two parties. After the altercation was broken up, one of the parties left the club. Afterwards, it is believed this party drove up in a car and opened fire on a crowd of people standing outside the club.

The whole ordeal may have been caught on surveillance video. Early reports had police looking for two gunmen. The latest news has already named a suspect - Alfonso Darnell Artis.

This incident serves as a pivotal reminder to business owners and patrons alike that bars and nightclubs can often be dangerous places. Owners of these establishments have a duty to put into place certain measures to prevent their patrons from becoming victims of a crime caused by a third party. These crimes include rape, battery, and assault.

Unfortunately, this is not an old story line in South Florida. While there is nothing to suggest this particular club was negligent, it is certainly a good thing that they had video cameras. However, had this shooting occurred indoors there certainly could have been a case for negligent security. This would be especially true if similar incidents had occurred in the past. If a nightclub had previously experienced individuals committing violent crimes in or around their establishment, they may have the affirmative duty to conduct pat downs of all patrons.

Continue reading "Negligent Security Claims May Result from Inadequate Security at Night Clubs" »

A Florida jury has awarded $4.9 million to a man who was on vacation in St. Augustine. The case arose because the man was crushed against a wall by a car that a valet sent backward into the lobby of the Casa Monica Hotel. The injured man sued the valet company and the valet himself as a result of this car accident.

Back in April 2009, a valet inadvertently left a car in reverse rather than "park". As he got out of the car, he noticed it was still in reverse. He jumped back behind the wheel. However, he mistakenly pressed the accelerator rather than the hitting the brakes. This caused the car to drive through a set of double doors and into the hotel lobby. The injured man was struck by the car and pinned against a wall for about a half hour.

Apart from the $4.9 million for the injured man, the jury awarded his wife $300,000 for the loss of her husband's comfort, society, attention and services. What exactly does that mean? Well, Florida law provides that a spouse has a claim when the other spouse is injured due to the negligence of another. Beyond the marital sexual relationship, this type of claim may take into account the fact that one spouse missed work to care for the other or account for activities, such as dancing or traveling, that they can no longer do together.

Some may say that the $4.9 million dollar award seems excessive, but its important to understand what a jury takes into account to determine these awards. Here, the injured man was being compensated for his medical expenses, past and future lost earnings, and damages for pain and suffering. For example, the jury certainly decided the injured man needed to be compensated for past and future lost earnings because he eventually lost his job as a restaurant manager because of the injuries he sustained in this incident.

Ultimately, the value of a claim is difficult to assess and calculate because it is a matter of fact to be determined by a jury. However, it takes careful and effective advocacy to convey not only to a jury, but opposing counsel, the value of a claim.

If you or a loved one are injured at an amusement park, car accident, or assaulted, while at a hotel, restaurant or bar, please contact us today for a free case evaluation. At Alvarez & Barbara, LLP, we've achieved favorable results for our clients who face the unfortunate circumstances of being injured.

Call us today toll free at 1-866-518-2913 or 305-263-7700.

Continue reading "Florida Jury Awards Injured Tourist $4.9 Million After Being Crushed Against a Wall by a Hotel Valet" »