Miami Resort Injury Lawyer Blog

Hotels and resorts have certainly experienced tough times along with the average American. Whenever people's wallets take a hit, so do hotels. Although we've all been traveling less, whether for work or pleasure, signs are showing that the hospitality industry will soon see an increase in business.

Industry experts predict a "truly phenomenal" year in 2012 and moderate improvement in the coming year. Demand for hotel rooms is expected to continue to grow during 2011 at a slow pace. Also, the occupancy growth rate will slow down as we enter into next year. However, experts believe it will increase once again.

Most importantly, hotel and resort occupancy rates will increase along with profits. This is music to their ears considering the downturn they have experienced the last few years. Although increased occupancy rates leads to greater profits, it should also lead to greater calls for safety and security measures.

All too often we've heard of individuals getting injured, and assaulted, at hotels. We have represented many individuals who were the unfortunate victims of violent crimes due to the hotel's lack of adequate security or safeguards to protect against such harms. The spectrum of injuries ranges from food poisoning to bed bugs to slip and falls, and worst of all, violent attacks due to negligent security.

Our Miami Resort Injury Lawyers urge tourist to be vigilant when traveling. Here are some helpful tips to protect yourself:

1. Keep your door locked at all times. When inside your room use the deadbolt and security chain.
2. Don't open your door to strangers. Just because someone claims to be a hotel employee, doesn't mean you should open the door. When not expecting a hotel employee, call the front desk to confirm someone is there to see you. Also, leave the security chain engaged when opening the door.
3. At night, make sure to enter and exit the hotel at the main entrance. This is usually the most well-lit area of a hotel.
4. Use common sense! If something doesn't seem right, just follow your gut. Our instincts are often right on point.

While industry members will be focusing on the bottom line, let us hope they don't overlook their guests' safety.

Continue reading "Travelers are Increasing Their Stays at Many Leading Hotels and Resorts in Miami and Florida Resulting in More Injuries and Accidents in South Florida" »

Get ready for busier hotel lobbies and long waits for the elevator at South Florida hotels. Hotel occupancy rates rose across South Florida last week, according to the South Florida Business Journal. The study, which examined the occupancy rate for the week ending on September 4th, showed occupancy in Miami-Dade County rose to 57.2 percent from 51.9 percent in the previous-year period. This places Miami-Dade County near the national average of 57.4 percent.

On the other hand, while the economy is slowly working its way out of the doldrums, many local, and national, tourist attractions are still not hiring. This trend is even more troublesome in South Florida because the unemployment rate in South Florida is higher than the national unemployment rate.

Therefore, the possibility exists that many airports, resorts, hotels, convention centers and other tourist destinations are trying to do more with less. Many workers are beginning to feel overworked and may not be as careful as possible. This will lead to careless acts of negligence and clear omissions of duties. This will result in injuries.

For instance, we've all arrived at hotels eager to rest our heads after a long flight or road trip. The last thing we want to deal with is a long line at check-in with people just as grumpy and tired. Guests traverse through the lobby with their suitcases and zig-zag through the crowd as if they were running through an obstacle course. All the while hotel management is simply attempting to get their guests checked in or out as quickly as possible, and with less resources and man power. This scene is assuredly going to become more common with occupancy rates rising and as the winter tourist season in South Florida quickly approaches.

While this scene is great for the hospitality industry, the likelihood of an accident occurring at a busy hotel with a high occupancy rate greatly increases. Hotel management is more concerned with accommodating their guests rather than ensuring their hotel is free of dangers that could cause injury to a guest. Whether traveling for business or pleasure, make sure you keep your eyes open and pay attention to your surroundings. No one wants to visit an emergency room while away from home.

Continue reading "South Florida Sees an Increase in Travel and an Increase in Accidents at our Local Resorts" »

Over the Labor Day holiday weekend a woman from Georgia vacationing in Clearwater Beach, Florida was severely injured in a parasailing accident. After crashing down into beach umbrellas and into a wooden post, she is still in critical condition.

The young woman was visiting Florida with her fiancee. They were on a tandem ride when suddenly the line broke and he was sent crashing into the water. Luckily, he only suffered minor cuts and bruises. However, the wind carried her onto the beach and slammed her into a fixed 4ft high volleyball pole at speeds up to 40 mph. While much is still unknown regarding the cause of the accident, investigators have uncovered that a rope attached to her harness was allowed to completely unravel.

Parasailing accidents in Florida is nothing new. In the past twenty years several people have either died or been severely injured in parasailing accidents. However, the St. Pete Times has reported that parasailing has long gone unregulated by the Florida legislature. The US Coast Guard also declines to intervene. Currently, parasailing companies adopt voluntary guidelines.

Accordingly, if you plan on parasailing, here are few questions you should ask: (1) How long have you been in business? (2) How long have your employees worked in parasailing? (3) Are your employees trained in a manner that ensures safety is a priority? (4) Have you adopted any safety guidelines? (5) How old is the equipment your using? (6) Have you had any accidents in the past?

Continue reading "Parasailing Accident: Tourist in Florida Injured" »

While traveling southbound on Krome Avenue in West Miami-Dade County two motorcyclists collided with a tractor trailer. Fortunately, a Florida Fish and Wildlife Conservation Commission helicopter was in the area and immediately responded to the scene to provide emergency assistance.

So far, the Florida Highway Patrol's investigation has uncovered that at around 11 a.m. one of the motorcyclists, for unknown reasons, crashed head-on with the tractor trailer. The tractor trailer jack-knifed after an attempted stop. As the truck jack-knifed, it collided with the second biker.

While the exact details are unknown regarding what caused this accident, this situation reminds us of the many dangers motorcyclists encounter on a daily basis. Drivers often forget about motorcyclists when changing lanes or making turns because they are simply looking for other cars. Motorcycles are often overlooked by other drivers because they can be difficult to see using a car's mirrors. However, the law doesn't give drivers a break for this. Drivers must be aware of everything traveling on roads, whether it's a scooter, bicycle, or motorcycle. Simply, drivers must SHARE THE ROAD!

But our Florida motorcycle 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.

Continue reading "Share the Road: Motorcycle Accident Involving Tractor Trailer in South Florida" »

A new law was recently passed requiring cruise ships to implement new procedures in order to protect its passengers from the victims of a crime or injury. Although the cruise industry has already voluntarily adopted some of these precautions, the Cruise Vessel Safety and Security Act of 2010 makes many of these injury preventing measures requirements. Nevertheless, some critics have derided the law stating the requirements are burdensome.

So, what are some of these supposedly "onerous" requirements. Here is just a small sampling of the new requirements:

(1) the installation and maintenance of video surveillance cameras,
(2) the staffing of medical personnel trained in responding to victims of alleged sexual assault,
(3) the publication of crime statistics for each cruise line, and
(4) all new cruise ships must install security latches and time-sensitive key technology in staterooms.

How are these measures considered a burden? They simply ensure the safety of passengers and serve to hopefully prevent them from becoming victims of crimes. This is certainly not a burden, but a blessing. A greater burden is having to deal with the physical, psychological, and emotional effects of becoming a victim.

With these measures now in place, passengers can cruise with a greater sense of security. Certainly, the cruise industry will have to pay to implement these new requirements.

However, what critics fail to realize is that increased safety may result in increased bookings, especially in light of some of the bad publicity cruise ships have been receiving as of late. In turn, more money will flow to cruise company coffers. This law is simply a win-win situation for both passengers and the cruise industry.

Continue reading "New Law Passed to Help Curb Negligence at Sea and to Protect Cruise Ship Victims of Violent Crimes" »

As you're standing in line at the omelette station either on a cruise ship or a resort, you're most likely thinking of what you want to put in your omelette, rather than what already might be in it. USA Today is reporting that an FDA investigation has discovered that two egg producers having been feeding their chickens feed contaminated with salmonella.

The Center for Disease Control reports that there are close to 1,500 individuals who have become ill due to salmonella-contaminated eggs, and other food poisoning. Tests show that the contaminated feed is a source of the outbreak, but the possibility of other sources exists. The FDA is also looking into the entirety of facilities because the contamination in the feed could be a part of a bigger problem.

Food poisoning is the result of eating organisms or toxins in contaminated food, such as salmonella-contaminated eggs . 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 in 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. If you feel that you are the victim of unfortunate food poisoning due to contaminated foods, then it is imperative that you immediately seek medical attention.

As for the recall, eggs from Hillandale Farms and Wright County Egg are subject to the FDA recall. Although the FDA doesn't expect the recall to grow beyond the two farms, the number of those who fall to salmonella is expected to increase. The FDA advises that thoroughly cooking eggs can kill the bacteria, but still recommends that consumers stay away from eggs from these two farms.

If you have been injured in an accident, or food poisioning, please contact our office today for an initial free case evaluation and to discuss your rights.

So, when you finally get to put your order in make sure you tell the chef, "Hold the salmonella, please."

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" »