Miami Resort Injury Lawyer Blog

A jury in Alabama rendered a $4.5 million dollar verdict against the owners of a hotel where two individuals contracted Legionnaires' disease in 2008.

This is just another illustration of how hotels often fail to take the appropriate measures to maintain their property to the detriment of those staying there. Our firm has handled plenty of cases where resorts and hotels have failed to properly maintain its premises resulting in serious injuries. Our firm has extensive experience handling these claims.

The Alabama lawsuit was filed by two men who alleged that they contracted Legionnaires' disease after using the hotel hot tub in May 2008. Legionnaires' disease is a bacterial infection which produces pneumonia. The bacterium grows best in warm water, such as the kind found in hot tubs.

During the trial it was revealed that the two men came into contact with the bacteria because it was in the mist produced by the hotel's hot tub. After becoming very ill, state officials investigated the hotel and examined the hot tub. The state officials told the hotel to close the hot tub. Thereafter, hotel employees cleaned and disinfected the area. When state investigators returned the next day to take samples, the area had been cleaned so evidence was consequently destroyed. The hotel also provided incorrect maintenance records to state officials.

One of the men died of a heart attack earlier this year at age 44, but his brother ensured the law suit would move forward. Although it cannot be proven with certainty that the disease caused the heart attack, the man was suffering from the effects of the disease before his death. Testimony was given during the case demonstrating that the disease can cause other systems in the body to shut down.

The other man who was afflicted with the disease continues to work, but continues to suffer from its effects. As a result of contracting the illness, he has permanent damage to his respiratory system, which causes him to be short of breath, and also suffers from nerve damage in his legs.

According to family, the deceased man was going through terrible pain and suffering before his death that could have been avoided. A family member stated, "Maybe this verdict will ensure other hotels will keep their facilities clean."

Continue reading "Hotel Patrons Awarded $4.5 Million after Being Exposed to Legionnaires Disease from Contaminated Hot Tub" »

After four weeks of trial a man who fell down an elevator shaft due to an improper evacuation procedures at hotel has accepted a settlement offer of $8.5 million.

This is yet another example of how certain establishments just don't take the time to set up appropriate safeguards to avoid these dangerous situations, especially when equipped with advance knowledge of the potential danger.

On January 11, 2008, Gary Meade was in an elevator at a hotel in New York City. During his ride, the elevator got stuck in between the second and third floors, about 5 feet above the second floor. After manually opening the elevator doors, the hotel staff encouraged him to jump out of the elevator without first securing the shaft way or providing a ladder. During his attempt to get out of the elevator, he lost his grip and fell down the elevator shaft. He landed on a steel buffer in the shaft and severely injured his groin area.

As a result of the fall, he sustained an 8 to 10 inch gash on his left groin. Five surgeries and twelve hospitalizations were needed to manage the initial injury and following tissue infections. A skin graft was needed in order to properly close the wound. This fall has caused him to suffer permanent disfigurement and scarring, constant pain, post traumatic stress disorder, and numbness in his left leg and foot. Finally, he must maintain his left leg in an elevated position at all times to deal with the resulting injuries.

Immediately before opening statements, the hotel conceded it was liable for the Meade's injuries. The ensuing trial was solely for damages. The hotel argued that Meade contributed to his fall and that his conditions were worsened by prior medical conditions such as knee issues and excessive weight problems. Nevertheless, after 4 weeks of trial the hotel ultimately offered $8.5 million to settle the case, and it was accepted by Meade and his attorneys.

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If you, or a loved one, have been injured while staying at a resort, in a amusement park, car accident, or assaulted, while at a hotel, restaurant or bar, please contact us today for a free case evaluation.

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

The estate of Douglas Howell, a former electrician who was electrocuted on resort property linked with Walt Disney World has filed suit against Disney entities and some of its partners.

This is yet another example of how certain establishments just don't take the time to set up appropriate safeguards to avoid these dangerous situations, especially when equipped with advance knowledge of the potential danger.

As for this case, Mr. Howell was 54 years old and working at a substation switch near the Walt Disney Swan and Dolphin Resort on November 5, 2008. He was working for Reedy Creek Energy Services, which is also named as a defendant in the lawsuit. The other defendants include Disney Photo Imaging, Walt Disney Parks and Resorts U.S., Inc., Tishman Hotels, and Starwood Hotels and Resorts. According to the complaint, Tishman and Starwood own, operate or manage the Swan.

Howell was at the substation with a team working on a planned upgrade of Reedy Creek's power distribution system. The work involved two substations next to the Swan Hotel.

According to the lawsuit, the operation could provide power to the Swan Hotel with just one substation with its power on. The lawsuit further claims that Reedy Creek Energy Services left the power on at the switch Howell was working on. The estate's lawyer claims that leaving this switch powered up or void of protection created a risk of electrocution to employees working in and around the switch itself.

Reedy Creek Improvement District is accused of failing to supervise, direct and control the upgrade work by failing to power down the substation and failing to ensure a safety barrier was in place for Howell.

Finally, the lawsuit alleges Walt Disney World Co. breached its duty to Howell by failing to warn of the existence of energized, unprotected electrical equipment of which did not know was present. Disney officials have yet to comment on the lawsuit.

Continue reading "Electrocuted Man's Family Files Wrongful Death Lawsuit Against Disney" »

Many of us have heard about the news reports regarding bed bugs. However, most of these reports have been coming out of New York City. Now, Florida is seeing an increase in the number of bed bug reports.

According to the Sun Sentinel, Florida hotels have been cited for 81 infestations. This number includes 11 in Broward County and four in Palm Beach County. According to www.bedbugregistry.com Florida has 319 bug reports.

Due to the increase in bed bug complaints, the State's agriculture and consumer services commissioner and state surgeon general are reminding Florida residents to hire licensed pest control companies to help contain breakouts of bed bugs in homes and businesses.

In a news release from Agriculture Commissioner Charles H. Bronson's office, he stated that staying at a hotel, going to the movies, riding in a taxi are now commonplace activities that have the potential of spreading bed bugs.

As we've previously discussed, before the 1950s bed bugs were quite common in the US. However, few people know much about them these days because the use of chlorinated pesticides, such as the presently-banned DDT, wiped the insects out in the past. Since many of these pesticides can no longer be used, the bed bugs have staged a come back.

If you, or a loved one, have been attacked by bed bugs while staying at a hotel, motel or resort, then please contact our office to discuss your legal rights. We do not charge for the initial consultation, and if we don't make a recovery on your behalf then you do not owe us attorney fees. Call us today.

A fire broke out on board the Carnival Cruise Lines ship Carnival Splendor. The fire broke out while the ship was approximately 150 miles away from San Diego. Fortunately, there are no reports of any injuries. Tug boats are expected to help tow the cruise ship to the Mexican port of Ensenada.

News reports state that the ship has 3,299 passengers and 1,167 crew members on board.

The fire broke out in the ship's engine room. The power needed to be cut off as a result of the blaze and generators are being used for the ship's navigation equipment.

With the power being shut off, guest are certainly not relaxing in the lap of luxury. The ship's engineers were unable to restore toilet service and cold running water until Monday evening. Guests are getting bottled water, but are being served cold food. Air conditioning and telephones are also unavailable.

In a news release from the Carnival Cruise Lines president and CEO, Gary Cahill thanked guests for their patience and expressed his concern for the difficult situation the guests find themselves in. He also stated that the safety of the passengers and crew were his top priority and that the company was working hard to get all of the guests home as quickly as possible.

If you, or a loved one, have been injured while aboard a cruise then please contact our office to discuss your legal rights. We do not charge for the initial consultation, and if we don't make a recovery on your behalf then you do not owe us attorney fees. Call us today.

A jury has found the Harrah's Casino in Laughlin Nevada liable for the injuries suffered by guests when a deadly fight broke out between rival motorcycle gangs. The brawl occurred during a popular motorcycle rally back in 2002. The jury in this case must now return to decide the dollar amount of damages to be awarded to the plaintiffs.

This is yet another example of how certain establishments just don't take the time to set up appropriate safeguards to avoid these situations and confrontations, especially when equipped with advance knowledge of the potential of trouble. In South Florida we've handled plenty of cases similar to this one. Our firm has extensive experience handling these claims.

According to the attorney representing the injured bystanders, Harrah's Laughlin officials knew that trouble was coming, but they failed to do anything to prevent the fight between the Hell's Angels and Mongols motorcycle gangs. The fight broke out on the casino floor. Three bikers died and several guests were injured.

The plaintiff's in this lawsuit said they got caught in the crossfire of the brawl or were injured as gamblers rushed out of the casino when the fight erupted. Security footage presented to jurors in a 2006 trial showed gamblers stampeding out of the casino and ducking for cover. The casino's attorneys argued that their client is not liable for the criminal acts of the bikers, which includes a "spontaneous and tragic biker gang brawl." Further, they assert that the fight was not foreseeable.

One of the plaintiffs claimed he injured his back when he dove to the ground in order to avoid getting hit by bullets. He also states he experienced emotional trauma and flashbacks to combat during the Vietnam War. A group of other plaintiffs claim they were entrapped by the stampede of fleeing bystanders and then later found themselves in an elevator with gang members armed with guns.

Continue reading "Casino Found Liable for Deadly Fight" »

When an individual is attacked or victimized on another's property there may be a claim for negligent security. This cause of action allows for recovery against property owners for foreseeable criminal attacks by third parties. Accordingly, an experienced lawyer would begin an investigation to determine whether or not a criminal attack was foreseeable. Evidence of prior violence is certainly a good indicator that a criminal attack was foreseeable.

Since the foreseeability of criminal attacks on third parties plays a strong role in negligent security claims, a certain hotel nightclub may be opening itself to liability due to the history of violence around the hotel and its nightclub. In Eaton County, Michigan, officials have recently dealt with fights, a shooting, and the assault of a Sheriff's Deputy outside of a hotel nightclub.

This is a perfect illustration of how certain establishments don't take the time to set up appropriate safeguards to avoid these situations and confrontations. In South Florida we've handled plenty of cases where security guards or bouncers used too much force and severely injured people, or, worse yet, simply abused their position to commit a criminal act. Our firm has extensive experience handling these claims.

As for the case in Eaton County, on October 24, 2010, around 2 AM, several Sheriff's Deputies responded to this hotel and the attached nightclub after responding to a call on multiple fights. While on scene, someone fired a gun. A bullet ultimately hit a 21 year old man in the leg. A few days after this incident, police responded to the club on a reported fight and an officer was slapped in the face by a patron.

Although the nightclub has taken the position that its security measures are appropriate, the fact remains that violent incidents have occurred time and time again outside of the nightclub by presumed patrons. Ultimately, these facts illustrate that a criminal attack on a third party is foreseeable on the hotel and nightclub premises.

Continue reading "Violent Crimes Often Leads to Personal Injury Claims for Significant Damages" »

After a fire at a Philadelphia hotel near Independence Mall, a male guest was found dead in his room. The fire is believed to have been caused by the hotel's electrical system.

This is just another illustration of how hotels often times have not taken the time to set up appropriate measures to maintain its property to the detriment of all those staying at the hotel. Our firm has handled plenty of cases where resorts and hotels have failed to properly maintain its premises resulting in serious injuries. Our firm has extensive experience handling these claims.

As for the case in Philadelphia, the fire sent several hundred guests onto Philadelphia streets during the morning hours on October 30th. The fire was not large enough to set off the hotel's sprinkler system, but it set off the fire alarms and prompted management to make an announcement. Guests praised the evacuation process. The evacuation was described by one guest as "organized" and free of any panic.

According to the hotel manager, the fire was confined to the corner of one room. The Fire Department stated it took them about twenty minutes to contain the fire. Guests were allowed to return to their rooms. However, the 8th floor remained closed so the hotel could address damage caused by smoke and water from the hoses used to put it out.

The Fire Marshall's Office is currently investigating the cause of the fire while officials await autopsy results for the middle-aged to elderly man who was found dead. Witnesses on the scene reported the scene smelled of an electrical fire.

The hotel is currently under investigation to determine the exact source of the fire and to what extent the electrical system was in a state of disrepair. Also, the investigation will address whether the electrical system was in a faulty state due to lack of inspections and maintenance.

Continue reading "Hotel Guest Dies in Fatal Fire" »

"Sleep tight. Don't let the bedbugs bite." Before the recent surge in bedbug infestations that phrase was seen as a simple joke. Now, just hearing the word bedbug makes the average person begin to feel itchy. Hopefully, we get can get back to joking about bedbugs.

Before we got serious about bedbugs, previous generations were able to almost nearly wipeout bedbugs. During the 1950s, pesticides, such as the presently-banned DDT, were used to eradicate bedbugs. Years have passed since the last time bedbugs were a legitimate concern, but these resilient creatures have proven to be quite resilient.

Why are bedbugs such strong, persistent animals? For the most part, it's because of their ability to hide. A bedbug's small size allows it to easily hide in the smallest of crevices and cracks in headboards, mattress seams, box springs, and baseboards. One professional has even described seeing bed bugs squeeze between the zipper teeth of ineffective mattresses. This makes detection very difficult. Secondly, bed bugs do not need to eat very often. Scientists state a bedbug can survive 550 days without food.

People often come into contact with bedbugs while staying at hotels. Here are a few ways to avoid bedbugs when you travel:

1. Check for Complaints. Before you book a room make sure to use the internet to search for bedbug complaints. Great places to check for complaints are www.BedBugger.com and www.BedBugRegistry.com.

2. Inspect the Room. At the very least, you should check the mattress. Remove all the sheets and check all the creases in the mattress. Look for fecal matter, live bugs, dead bugs, and blood spots. Don't forget to check the mattress and headboard.

3. Keep your Luggage away from the Bed. The safest spot in the hotel room for your luggage is the bathroom. Also, make sure you don't unpack your clothes on the bed. Keep your luggage off the floor and use the stand most hotels provide.

4. Use Plastic Bags for Laundry. Place all your dirty laundry in a plastic bag to avoid contaminating your clean clothes.

5. Wash Everything. Once you return home, you should immediately wash your clothes. It is also best to dry the clothes in the hottest temperature possible.

Continue reading "Fighting Bed Bugs" »