Miami Resort Injury Lawyer Blog

Florida, with its sub-tropical climate and natural environment, is heaven for bed bugs. Now, with the summer months ahead of us, and Memorial Day weekend upon us, bed bugs are everywhere, even in the comfort of our own beds.

Bed bugs seek out people and animals, generally at night while these hosts are asleep, and painlessly sip a few drops of blood. These small wingless insects do a great job at hiding in beds, furniture, and crevices with the help of their tiny bodies and fast-moving pace. Bed bugs will commonly bite on the neck, arms, hands, and face. Small, flat, or raised bumps on the skin are the most common signs of a bite; redness, swelling, and itching commonly occur. Bed bugs are common to houses, dormitories, and even fancy and upscale hotel and resort rooms. And that includes many hotels and resorts right here in Florida, and South Florida.

As expected, tourism booms during the summer months. Therefore, 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. 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.

If signs of bed bugs are observed where you are staying, you may need to take extra precautions as you may inadvertently transport bed bugs or their eggs in your luggage and other personal effects. Clothing should be washed with hot water as soon as these items are brought back into the home. Suitcases should be carefully inspected, scrubbed with a stiff brush, and thoroughly vacuumed. Leaving such luggage for several hours in a closed vehicle in full summer sun may render the items bug free.

Continue reading "Bed Bug Attacks on the Rise at Hotels & Resorts " »

The summer is almost here. Memorial Day weekend is the unofficial kickoff to what many are predicting will be a very hot South Florida summer and active driving season thanks to low gas prices. According to AAA Auto Club South, 1.5 million Floridians are expected to travel over the long weekend.

Locally, South Florida is known to host a variety of events during the Memorial Day weekend, and this year is no exception. Hundreds of thousands of hip-hop fans will gather in Miami Beach to enjoy the latest music trends and fashion. Residents and visitors alike will also visit the many South Florida beaches, marinas, public parks and attractions over the long weekend.

Unfortunately, with this increased traffic will come unexpected delays, closures and even many accidents throughout the weekend due to overcrowding and high traffic volume.

Other residents may opt to leave the crowded South Florida area for a summer kick-off road trip. And the long road trips may present challenges to many hitting the roads, and may also lead to unfortunate accidents and other problems.

With that said, if you're hitting the road, particularly during this busy holiday weekend, it is important that you abide by the following safety tips to avoid an accident:

• Always follow the law and drive within the legal speed limit
• Take alternative routs to avoid congested areas
• Wear your safety seat belt at all times
• Do not drink and drive
• Do not text or talk on the phone while driving
• Watch or listen to traffic reports before getting in the car

Continue reading "Memorial Day Weekend Accidents" »

This week marks National Dog Bite Prevention Week. This is a campaign started by the United States Postal Service, to call attention to the dangers of dog bites and to offer tips on how each and every individual can prevent such incidents from occurring.

Dog owners in Florida should pay special attention to the disturbing statistics regarding dog bites in Florida, and in Miami. Florida has a low tolerance for dog bite incidents. In fact, Florida statutes impose strict liability upon dog owners for a dog bite that causes injury to a human being. Florida law provides that the owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

That is the case because the facts are troublesome, and as follows:

• Nearly 4.5 billion dog million Americans are bitten by dogs each year.
• One in five bites require medical attention
• More than 31,100 people underwent reconstructive surgery due to dog bites
• Severe injuries from dog bites are highest for children ages 5 to 9 years of age.
• Three-quarters of dogs involved in bite incidents belong to the victim's family or friend. • Sixty-one percent of dog bites occur at home or in a familiar place.
• Small children, the elderly, and Postal Service carriers -- in that order -- are the most frequent victims of dog bites.
• It is also stated that the number of dog bites exceeds the reported instances of measles, whooping cough and mumps, combined.
• Dog bite victims account for up to five percent of emergency room visits.

Despite these troubling statistics, dog bites are easily preventable. It is important that all adults and children practice these simple tips:

• Never tease, pull the tail or ears, poke the eyes, throw things at, try to ride, climb over or step on a dog.
• Never touch or play with a dog while he is eating or sleeping.
• Never take a dog's toy or bone away when he is playing with it.
• Never approach a strange or stray dog -- EVER.
• Never stare directly into a dog's eyes.
• Always ask the owner first before petting a dog.
• Always let a dog sniff your hand first, then pet him under his chin or on his chest rather than on top of his head
• Always go tell an adult if you see a stray dog walking on the street.

Continue reading "Miami Celebrates National Dog Bite Prevention Week" »

South Florida has wonderful year round weather, theme parks, night clubs, attractions and beaches. This results in millions of visitors coming to South Florida every year.

Indeed, South Florida's economy is greatly dependent on tourism. Unfortunately, many of those tourists visiting South Florida end up being the unfortunate and helpless victims of sexually related crimes, and other despicable acts of violence.

For instance, one of our firm's clients was recently on their honeymoon. Upon the couple's return to their hotel room they were startled to see the resort's security guard sitting on their bed. Not only was the perpetrator just sitting there, but he was watching a pornographic film, and he had spread out all of the happy bride's undergarment's, and other belongings, on the bed, and all over the room. He also had weapons ready to use at a moment's notice.

What was supposed to be the start of the happy couple's honeymoon, ended up being the beginning of an awful chapter in that young couple's relationship and lives. Fortunately, and with our firm's assistance, that brazen act of violence committed by the resort's security guard was quickly resolved to the couple's satisfaction. But the happy newlyweds will bear the scars of that night for the rest of their lives.

Resorts should afford a certain level of security to its guests. But sometimes the resort may have done a poor job of screening its own staff prior to hiring. And while the resort may have acted properly in hiring a security guard, the resort may have failed to perform the appropriate background screening of the particular individual they hired. Or the security guard may have just failed to perform his duties in a manner consistent with the standards imposed on security guards here in South Florida.

Worse yet, the resort may have contracted with an ill equipped third party to provide security services without knowing if that security company was properly manned to perform the security services. This is further heightened by the fact that the economy has placed pressure on resorts to cut corners in an effort to put their profit ahead of everything else.

Continue reading "Growing Number of Sexual Assaults in South Florida Resorts" »

Many travel to Florida to enjoy our excellent year round climate. And riding a bike is just one of many great activities people engage in every day to enjoy our excellent year round weather.

However, according to the National Highway Traffic Safety Administration (NHTSA), Florida bike riders are at risk. Florida was recently named the deadliest state in the country for bike riders. That dubious distinction was earned as a result of the tragically high number of bike riding related deaths each year in Florida. Indeed, 11.1% of all pedestrians, and 17.4% of all bicyclists, killed in accidents across the country, die in Florida.

Miami has made a concerted effort over the past years to improve its standing in the biking community. In 2008, Bicycling magazine named Miami one of the three worst cities for cyclist in the country. But just two short years later, the same magazine lists Miami as one of the country's "rising stars" in the biking community.

Even with the concerted improvements by our local leaders to improve the overall quality, and safety, for biking here in South Florida, tragedy still strikes. Earlier this year, a cyclist was killed in Key Biscayne after being struck by a speeding motorist.

While our local officials should be applauded for their efforts in improving South Florida's status as a desirable destination for the biking community, the data suggests that more still needs to be done to ensure that our streets are safe for motorists, pedestrians and cyclists.

Continue reading "It's Dangerous to Ride a Bike in Florida" »

To the disappointment of many, Florida's legislators recently turned back the clock to 2001 by revising the state's "slip and fall" laws.

Following a 2001 Florida Supreme Court decision, and a rapid change made in 2002 by Florida's legislators in response to that Florida Supreme Court decision, the burden of proof to demonstrate the safety of a businesses' premises had been on the business. However, HB689, which passed during the 2010 Florida legislative season, changes that burden.

Now, the burden of proof falls on the person who is injured in slip and fall case. The injured party now has to prove that the business had knowledge of a dangerous condition and did not fix it.

This bill was part of a tort reform package signed by Governor Crist that also included an increase in the amount of damages one could receive when suing the State of Florida, and guidance as to what claims may be waived by a child's parents.

But this bill was still a blow to many Floridians, and visitors who visit Florida, who are injured as a result of a businesses' negligence in failing to maintain their premises.