Miami Resort Injury Lawyer Blog

You may have already heard of a recent lawsuit filed against Walt Disney Parks and Resorts prompted by the parents of a 4 year old child who was burned by nacho cheese that was allegedly served at an unsafe temperature. Many of you are probably reminded of the McDonald's hot coffee law suit. But before you think this is "ridiculous", let's discuss this case and the related to how a restaurant may serve food.

This young child was burnt by the nacho cheese that was placed in a paper cup. To keep from falling from an unstable chair, the young child grabbed onto the food tray holding the cheese. After grabbing onto the food tray, the cheese splashed onto the child's face.

According to the family's attorney, the cheese began to cause immediate burns on contact. As such, the lawsuit alleges that the cheese was served at an unsafe temperature and that the child has sustained permanent scarring.

So what duty do restaurants have to their patrons?

In Florida, when a diner orders and pays for food at a restaurant, "there is a sale of such of food, and there exists an implied warranty that the food so sold is reasonably fit for human consumption." Zabner v. Howard Johnson's, Inc., 201 So. 2d 824, 827 (Fla. 4th DCA 1967). This warranty arises because the consumer by ordering the food provides notice to the seller of the particular purpose for which the food is required and as such relies on the seller's skill and judgment in preparing such food. Id.

Here, it appears that the cheese was not reasonably fit for human consumption because it allegedly caused immediate burns on the child's face. When ordering a hot meal, its reasonably expected that the meal will be served at a hot or warm temperature. However, its not reasonably expected to be served so hot that it causes immediate burns upon contact. Food that is served at such temperature breaches the implied warranty that arises with the sale of foods.

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.

Other than our beaches, nightlife, and weather, Miami is known for streets and drivers that present grave dangers to pedestrians and cyclists. However, cycling and walking are often the favored forms of transportation for those visiting South Florida. These traditional forms of transportation allow visitors the perfect vantage point to enjoy the local sights and the opportunity to closely experience our vibrant atmosphere.

According to the County's Metropolitan Planning Organization, 40% of the traffic fatalities in Miami-Dade County involve bicyclists and pedestrians. On a recent list of cities with the worst road rage, Miami ranks 7th in the nation. This survey took into account the amount of drivers who lose their tempers, tailgate, speed, and honk. Any local will tell you that this list is most likely correct. Drivers in Miami are often reckless and fail to take account not only other drivers, but often the most defenseless - cyclists and pedestrians.

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.

Recently, a pedestrian in Miami was struck by a hit-and-run and driver after he attempted to pass a stopped bus. He struck the pedestrian as he tried to passed the bus on the sidewalk. As a result of this horrible incident, here is a list of tips for drivers to follow so they can prevent endangering pedestrians.

1. Always watch for pedestrians. Pedestrians can be encountered anytime and anywhere, even where there shouldn't be.

2. Pedestrians are hard to see. Especially in bad weather or at night, keep a lookout for pedestrians. Slow down if you can't see.

3. Stop at crosswalks. Make sure to stop for pedestrians in crosswalks - even when they are unmarked. When stopping, stop far enough so that other drivers in other lanes can see the pedestrians as well.

4. Take extra care for pedestrians when turning. We often wait for a gap in traffic when making turns. Beware that while waiting for that gap a pedestrian may have moved into your intended path.

5. Pay extra attention in areas known for foot-traffic. These areas included schools, churches, playgrounds, and city centers with noted density.

Many flock to South Beach to soak in the sun, but many also visit to soak in the Art Deco architecture that predominates the area. Mostly built between the 1920s and 40s, Art Deco has become synonymous with South Beach. Because of their age, many of these buildings have been renovated. However, some buildings have been neglected, and this neglect could lead to dangerous consequences - such as parts of a building collapsing.

This past weekend a restaurant at a hotel was closed in Miami Beach after the building's overhang collapsed onto the sidewalk. Fortunately, no one was hurt.

Building inspectors which arrived at the scene believe the collapse was caused by wear and tear. According to a building inspector the wear and tear may have been caused by water collecting on top of the hang. This inspector believes that there should have been a water drainage system while also acknowledging the age of the building in the area.

Many of you may be thinking, no harm, no foul. However, this incident provides the perfect example of what can happen if a landowner, specifically the owner of a restaurant or hotel, fails to properly maintain their property.

What is a Landowner's Legal Duty to the Public?

So, what does Florida law require of landowners? First of all, a landowner has a duty to maintain the building in a reasonably safe condition. Also, they have to warn their guests of any hidden conditions they know of or they should know about. Last, they have a duty to inspect their premises.

The duty to inspect is extremely important because an inspection could reveal hidden dangers. Here, its possible that an inspection would have found an overhang that was deteriorating due to the build up of water. It also could have shown that regular wear and tear would lead the collapse of the overhang.

Ultimately, a building's age does not free a landowner from the responsibility of inspecting a premises to ensure it is safe for guests. If anything, a building's older age should motivate landowners to keep their buildings up to date and safe.

Therefore, the possibility exists that many airports, resorts, hotels, convention centers and other tourist destinations, such as South Beach, 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.

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.