January 2011 Archives

January 25, 2011

Child is in Serious Condition After Falling Down an Elevator Shaft

elevator.jpgWe often take elevators for granted, but we should never take elevator safety for granted. In the past, we have talked about events in which a hotel guest is injured due to an elevator that is not operating properly. Often, this can lead to tragedy. Sadly, we bring to you news about a 2-year old boy who is in serious condition after falling 30 feet down an elevator shaft at an Illinois Hotel.

Hotel security cameras show the boy leaving the room and his mother getting him in the hallway. The boy left the room a second time, walked towards the elevator and began pushing buttons. After pressing the buttons, the elevator stopped between floors leaving a 16-inch gap between the elevator car and the wall. The boy stepped into the shaft and fell.

Currently, the elevator is off limits and was immediately shut down following the incident yesterday afternoon.

According to the local Fire Chief, it appears the child sustained a head injury. Witnesses state they heard the boy crying and that the elevator was stopped between floors. When emergency crews arrived they found the boy on the floor of the elevator shaft, and he was immediately airlifted to an area hospital.

Officials report that this was simply a terrible accident. The hotel's manager did not want to comment on the incident. The police state that the hotel has a policy of not allowing children and that the mother brought the children in after she checked in.

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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.

January 24, 2011

Motel Failed to Comply with Local Ordinance Regarding Carbon Monoxide Alarms Leading to the Untimely Death of 5 Young Males

CO-decal.gifMore news has come out regarding the unfortunate incident where 5 young males died of carbon monoxide poisoning at a Hialeah motel.

In 2006 the City of Hialeah passed what has been named "Janelle's Law" after the daughter of a retired Hialeah police officer died of carbon monoxide poisoning. The ordinance required carbon monoxide alarms in homes, apartments, and commercial buildings - both new and old.

Despite this law, the death of those 5 males demonstrates the City has not done much to enforce the law. The motel where this tragedy occurred did not have the required gas alarms. They passed away after they left a car running in the garage underneath their room.

The hotel was last inspected in April 2008, which was 8 months before the El Presidente motel was required to place at least one detector on each floor. According to the City's Fire Department, they do not plan on fining the motel for not having any detectors. The Chief said the hotel is in compliance now. Therefore, it cannot be fined.

The victim's families have taken a different view. They are left wondering why Hialeah failed to enforce the law and inspect buildings for gas alarms. The City has pledged to inspect similar hotels within their city limits.

This is not the first time people have died as a result of gas poisoning in Hialeah. In 2005 three young women died after they pulled into a similar motel garage, closed the garage door and left the car running. At that very motel, management has placed signs in the garages warning guests not to run the car with door closed. The warning sign reads: "Carbon monoxide emission is lethal. It will cause death."

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 incident in Hialeah is also not the first time a gas leak-related incident caused injuries, and death, to hotel or resort guests. Late last year, an explosion in a Mexcian Resort resulted in several deaths. That incident, as well as the incident in Hialeah, also brought back painful memories of an incident that occurred in 2006 at a Key West hotel involving a fatal carbon monoxide leak.

Continue reading "Motel Failed to Comply with Local Ordinance Regarding Carbon Monoxide Alarms Leading to the Untimely Death of 5 Young Males" »

January 23, 2011

Slippery Floor Leads to a Lawsuit Against a Hotel as a Result of a Slip and Fall

imagesCAQRBX49.jpgA lot of hotels and resorts certainly try to do a great job protecting their guests from the dangers of liquids on floors. You'll notice that hotel staff put up signs warning guests about a wet floor after a mopping. By a pool you will certainly see signs talking about the dangers or running around a pool because of the wet floor. However, sometime hotels forget about the dangers of a floor that is plain slippery even without the presence of a liquid.

After falling down a flight of stairs, a woman is suing a New Orleans hotel. Kimberly Moore's complaint states she slipped down the stairs during a tour she took in hotel owned by Wyndham.

Moore claims that the hotel is liable for "careless disregard for the safety of its customers, patrons, and tourists." She also claims that the hotel allowed "untrained and unsupervised employees to conduct tours" and that the "coating and/or film" on the stairs posed an unreasonable risk of harm.

As a result of the fall, she claims that she sustained severe and painful physical injuries to her body. She also claims injury to her nervous system and psyche. She is asking for damages to pay for her injuries as well as past, present, and future medical expenses.

Here, it appears that the Plaintiff is claiming the floor was unreasonably dangerous due to a coating or film on the floor. This is possible as many forms of flooring are often slippery from the point of installation. Hotels must be aware of the dangers presented by such slippery floors. Also, after a cleaning, some floors are slippery due to the residue left over from cleaning solutions, such as a wax.

Last, sometimes hotels install flooring that is made to be slip-resistant. However, after wear and tear, its resistant nature is goes away. This could present a danger to individuals walking around a hotel that has failed to properly maintain its slip-resistant flooring.

While no one can guarantee that trip and falls, or slip and falls will not happen, a hotel or resort can provide safe pedestrian areas to prevent avoidable injury. In many cases, it is important to obtain photographs of the scene of the fall. Unsuspecting injury victims who trust the hotel or resort to "do the right thing," may be surprised when the dangerous condition is corrected and the owner or operator denies responsibility.

Fortunately, Florida law has permitted us to assist many injury victims when dangerous floor surfaces, walkways or parking lots have caused preventable harm.

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January 22, 2011

Golfer Dies After Being Shot on the Golf Course

golf.jpgAfter an attempted robbery at the Deerfield Country Club in Deerfield Beach, Florida, one man is dead after being shot while playing golf.

According to news reports, the deceased victim was playing golf with his cousin when two masked men came out of nearby bushes. One of the attackers pulled out a gun and shot Lataurus Randall at about 6:30 pm. He was rushed to North Broward Medical Center by Deerfield Beach Fire Rescue. Mr. Philpart passed that Friday morning.

Police state the attackers fled into a neighborhood east of the 17th hole. The only description the Sheriff's Office was able to obtain was the two attackers were wearing all black and ski masks.

Employees at the golf course explained that the two men had become regulars at the golf course in recent months. They were showing up to play two or three times a week. The day of this tragic incident, the course's manager recalled that they arrived a little after 4 pm and were seen trying to hurry up before the course got dark.

This was not the first shooting at a South Florida golf course. In 1998, a man was shot and killed at the 16th hole of a Miami Beach golf club. In 2009, a man was arrested at a Kendall area golf club for shooting at a golfer.

This is just another illustration of how resorts often fail to take the appropriate measures to maintain their property to the detriment of those staying there, and when they do act, it is often too late. 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.

Continue reading "Golfer Dies After Being Shot on the Golf Course" »

January 8, 2011

Dangers are Often Lurking in Hotels & Resorts as the Case of the Used Condom Swallowed by a Child Illustrates

4268200996_b2a13ca962.jpgOn this blog, we've provided various tips on hotel safety and security. Now, we're going to add another to that growing list: upon check in, make sure your room is free from anything left by a previous guest. Why? The following case is the perfect example of why we should do so. According to a woman from Massachusetts, she relives a horrid moment on a daily basis - her child swallowing a used condom he found in a New Jersey hotel room.

About two years ago Amy Wolfe and her family were driving back home to Massachusetts after vacationing in Florida. They decided to spend the night at a hotel on their way back up. In the morning the family awoke and her husband headed out to get breakfast for his wife and their three children.

At some point her youngest child found a used condom, swallowed it, and began to choke on it. According to the complaint, the child swallowed the used condom along with its "contents". The child's mother was then forced to remove the condom from his throat.

Last month, a US District Judge stated the case had "unique circumstances" and that a jury should decide whether Wolfe suffered emotional distress as a witness to the incident. Wolfe claims she suffers from post-traumatic stress disorder. As a result, she seeks treatment from a psychiatrist.

Attorneys for the hotel argue that Wolfe cannot claim emotional distress because the child did not suffer serious physical injury or death. They also pointed out to the judge that she threw the condom out and did not seek immediate medical attention.

Luckily, her child did not contract a sexually transmitted disease or other illnesses. However, the family contends his developmental delays are a result of the trauma he suffered.

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, and when they do act, it is often too late. 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.

Continue reading "Dangers are Often Lurking in Hotels & Resorts as the Case of the Used Condom Swallowed by a Child Illustrates" »