Miami Resort Injury Lawyer Blog

When spring break begins, South Florida sees a major influx of tourists, both young and old alike. Although spring break is a time to relax and escape the daily rigors of our lives, it often ends in tragedy. Because of the amount of visitors in Miami during this time of year, those who provide goods and services to tourists must ensure they are taking steps to keep their guests safe. This includes resorts, hotels, spas, taxis, and tour buses.

Unfortunately, two young men recently lost their lives while enjoying spring break in South Florida.
 
A tourist from Virginia was found dead in the pool at the famed hotel, the Clevelander. Visiting Miami to attend the Ultra Music Festival, he was found face down at about 5:30 PM Sunday evening. So far there's nothing here to suggest that the Clevelander is at fault in any way.
 
This sad story, however, should serve as a reminder to hotels that they must be vigilant and ensure that certain measures are in place to safeguard its guests from tragic accidents. For example, it's possible for a hotel to be held liable for the drowning death of one of its guests if it is revealed that he was being served excessive amounts of alcohol by bar staff, or if the hotel fail to place certain safeguards around the pool.
 
In another sad story, a 21-year old was found dead on the ground outside of the high-rise condo in Miami Beach, The Flamingo. While the cause of death has yet to be determined, it is believed that he may have fallen off one of the building's balconies.
 
While there's nothing to suggest any wrongdoing, it is important for condos to understand the dangers which arise with balconies. For example, during construction a developer must take into account building codes to ensure a balcony has railings of a proper height to prevent accident falls from occurring.
 
At Alvarez & Barbara, we want all of South Florida's visitors to enjoy their stays and hope that they all return home safe. However, we understand that accidents happen as a result of someone else's carelessness. If you, or a loved one, have been hurt while in South Florida, don't hesitate to contact us.

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

Seven scared individuals were recently rescued from the Avalanche roller coaster ride at the Miami-Dade County Youth Fair. The seven were rescued after the roller coaster got stuck.

Reportedly, one car on the ride fell back and struck a second car. The passengers in the second car included a 6-year-old, his sister and their aunt. According to reports, the passengers bumped their heads shortly after seeing the car in front of them going backward, while they were still going forward. Both cars were traveling at a high rate of speed.

This type of negligence happens way too frequently at amusement parks in South Florida, and across the country. Indeed, last year two women were stuck sideways 70 feet in the air on one ride for an hour. Additionally, on Dec. 24, a roller coaster crashed at Santa's Enchanted Forest in Southwest Miami-Dade.

Often times the amusement parks are not regulated or licensed which leads to increased risk of injury. Fortunately, our firm has experience in representing victims of amusement park negligence.

Consider Your Options. Contact Us Today.

If you, or a loved one, have been injured 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.

A 22 year old University of Washington student was paralyzed from the chest down as a result of a horrific accident on the beach. A 31 year old man broke his neck while chartering a group of students to a popular lake. A star football recruit was killed when he fell off a balcony.

What do all of these unfortunate and tragic tales have in common? They all occurred during spring break.

Traveling for spring break has become increasingly popular over the years. As winter would lessen its chill, and thoughts turned to regeneration, rejuvenation, and new birth, many college aged students became particularly frolicsome during spring break. As a result, spring break has become a popular time of the year for many to vent their ingrained urges.

However, spring break is not without incident and its share of problems. Here are some tips for those planning on traveling during spring break:

1. Driving. If you're driving make sure your car, and tires, are in good condition. Also, while driving make sure to stay alert at all times and avoid all distractions like sending text messages, or speaking on the cell phone. And above all else, never drink and drive.

2. Hotel Rooms. If possible, reserve a room on a floor above the 1st floor because those rooms are harder to break into. Never give a stranger your room key. Also, be mindful of bed bugs in your room and use these tips to combat bed bugs. Also, make a note of where your exits are located.

3. Drinking. Be careful when drinking and never accept drinks from strangers. Be responsible and always pace yourself and avoid binge drinking. And be mindful that those who are heavily intoxicated become easy targets for criminals to prey on.

4. Swimming. Make sure to always swim while a life guard is on duty. Be careful of ocean currents and rip tides. Always swim within the designated area, and always swim with a buddy.

5. Stay with your friends. Always avoid being alone, or with a group of people you don't know or trust. To best avoid that issue, always stick with your friends. In crowded situations, you and your friends should designate certain times and places where everyone should physically present themselves.

6. Have fun. And above all else, please make sure to have fun during spring break, and please make sure to stay safe.

However, should you, or a loved one, be injured during spring break then please call our office to discuss your case and your rights. Such common claims involve sexual assaults at resorts due to the resort's lack of adequate security, auto accidents, parasailing accidents, slip and fall incidents and a host of other such claims.

If you're making way to Florida, for spring break, or you're a local planning a "staycation" be sure to keep your eyes and ears open for dangers. However, if you find yourself in the unfortunate position of getting injured, make sure to call Alvarez & Barbara.

Property owners have a duty to ensure that their guests are safe on their premises. Not only must they protect their guests from the dangers presented by wet floors and gas leaks, property owners must take measures to protect their guests from becoming the victims of violent crimes. Failure to do so may create a cause of action due to inadequate security.

Hotels, parking garages, and apartment building lobbies are places where property owners regularly fail to implement safeguards against violent criminals, especially during times like spring break. Inadequate security can lead to horrible consequences. For example, it appears that inadequate security led to a 9-year old girl being molested at a Pennsylvania Ritz-Carlton.

This past Sunday at 4 am, a middle-aged man told a hotel clerk that he was staying in a specific room, but that his room key was not working. The clerk gave the man a new key, and it appears the clerk failed to confirm he was staying in that room.

The man tried to enter the room, but the door was chained so he forced his way in and walked into a bedroom with 3 young children. Investigators say he molested a 9 year child.

Although it is still early to make this determination with these facts, it appears that the Ritz-Carlton may be held liable because it failed to provide adequate security. Before providing this man with a room key, the hotel had a duty to check whether or not the man was a registered guest and whether they gave him a key to a room he booked.

If you or a loved one have become the victim of violent crime at a hotel, or any place for that matter, you may have the right to file suit against the property. At Alvarez & Barbara, we have experience with inadequate security cases and have achieved favorable results for our clients.

Surprisingly, Orlando is considered the most dangerous city for spring breakers. Yes, that's right. The land of Mickey, Minnie and the whales at Sea World is considered the most dangerous city for spring break.

Avvo.com released a list of the most dangerous spring break cities with Orlando taking the top prize. The website, which rates and profiles lawyers and doctors, created the list by taking into account the following factors: violent crime risk/rank, murder risk/rank, rape risk/rank, and fatal car crashes. It also took into account doctors and lawyers per capita, doctor rank and criminal defense questions.

While this list may not be statistically sound, it does highlight the fact that when choosing a travel destination its important to take into account safety concerns. Spring break is fun, but large amounts of people in any one area during a short period of time creates many dangers. It also creates the opportunity for criminals to take advantage of unsuspecting tourists who are more concerned with having a good time than looking for hidden dangers.

We all know that Florida is a big destination for college spring breakers with traditional hot spots such as Daytona Beach and Panama City. Here is a list of other Florida cities that made the list with their respective ranks: (2) Daytona Beach, (5) West Palm Beach, (8) Panama City, (9) Jacksonville, (10) Miami, (11) Fort Myers, (15) Key West, and (18) Naples.

All too often we've heard of individuals getting injured, and assaulted, at hotels and resorts during spring break. 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, especially spring breakers, 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.

If you're making way to Florida or you're a local planning a "staycation" be sure to keep your eyes and ears open for dangers. However, if you find yourself in the unfortunate position of getting injured, make sure to call Alvarez & Barbara.

Miami is a city known for its popular nightlife and great weather. Residents and tourists alike enjoy late nights at many local bars and clubs in such popular hots spots like South Beach, Brickell, Coconut Grove and others.

As one could imagine, many of these people are out drinking. Now, there's nothing wrong with drinking a few cold ones. However, there is something wrong when someone gets behind the wheel of a car after drinking one too many.

There are no shortage of stories in South Florida of someone getting seriously injured or even killed by a drunk driver. Sometimes these stories involve a drunk driver who was under the legal drinking age or an individual who visits a certain bar on a regularly basis and becomes intoxicated. Under these circumstances, the person or establishment that provided the alcohol to these individuals may be held legally responsible for any damage or injuries these individuals may cause.

According to Florida Statute § 768.125, one who sells or provides alcohol to an underage person or to one "habitually addicted" to the use of alcohol "may become liable for injury or damage caused by or resulting from the intoxication of such minor or person." A bar cannot be held liable if it sells multiple drinks to one person on one occasion. Ellis v. N.G.N. of Tampa, Inc., 586 So. 2d 1042 (Fla. 1991). However, it may be sufficient to find a bar liable if a plaintiff can prove that the bar served multiple drinks to an individual on various occasions. Id. This may be enough to establish that a bar knows someone is a habitual drunkard.

Apart from being responsible for damages or injury caused by a minor who was served alcohol, the parents of an underage child may sue a bar if their minor child was served alcohol. Accordingly, if a bar knowingly serves alcohol to a minor and that minor gets in a car and dies in an accident, the bar may be held liable for the child's death. McCarthy v. Danny's West, 421 So. 2d 756 (Fla. 4th DCA 1982).

At Alvarez & Barbara, we have considerable experience with liquor liability cases. Prior to representing the injured, we worked representing bars and taverns who were being sued for serving alcohol to minors and habitual drunkards. This puts us in a unique position to effectively represent the injured because we understand defense tactics. If you or a loved one have been injured by a drunken individual, please contact us.

While bed bugs have become a recent concern, travelers have always been wary of germs when traveling. Spring break is here so there will be a surge in travel over the next coming weeks. If you're traveling in the near future, you're definitely going to encounter the sneezing and coughing airline passenger and the dreaded public bathroom. Here are a few tips on how to tackle bacteria and viruses that you'll encounter when traveling:

Beware of the airplane bathroom. As you would imagine, it turns out that the airplane bathroom is the dirtiest place you'll encounter on your trip. Experts tell us to presume that the bathroom is teeming with bacteria. Try to touch as little as possible when you're using the bathroom and if you do have to touch anything use a paper towel or a sanitizing wipe. When you get back to your seat make sure you sanitize your hands.

Clean your seat on a plane. Once again, you're going to want to sanitize. Wipe down the seat, arm rest, and tray table with sanitizing wipes. It turns that the tray table is last place which is cleaned on a plane, so its most likely the dirtiest. Also, avoid the magazines in the seat back. Those magazines are just full of germs from previous passengers.

Protect yourself from sick passengers. Being in an enclosed cabin allows for the easy spread of airborne diseases. Wearing a face mask would definitely help, but a less extreme measure is to ensure you're all caught up on your vaccines. Last, don't touch your eyes, nose or mouth. That's how most airborne diseases spread.

At the hotel, clean the tv remote, alarm clock, and ice bucket. These items are usually not cleaned between guests, so your best bet is to sanitize them yourself. Make sure to also clean the hotel glasses yourself.

Its impossible to completely avoid germs when traveling. However, its important to limit your exposure when possible. If you practice these tips, you'll certain cut down the risk of getting sick.

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

It looks like bed bugs are here to stay. With the banning of many pesticides that were historically used to combat bed bugs, we've seen a major rise in bed bug infestations.

As children, we believed bed bugs to be mythical creatures we had to watch for while sleeping even though we had never seen one. Nowadays, however, we know bed bugs are real and that we have to worry about them in places other than our beds. One of these places is a plane.

USA Today is reporting that British Airways had to ground two planes due to a bed bug infestation. They discovered the problem after a passenger complained of bed bug bites. Unfortunately, the passenger, a Yahoo executive, dealt with the bugs on two separate intercontinental flights. The airline is facing scrutiny because it failed to immediately respond to the passenger's complaint and was slow to address the issue.

Its believed that bed bugs get on planes by hitching rides on actual passengers or on their luggage. We've all heard about bed bugs in hotel rooms and in luggage. Considering that bed bug complaints usually involve the tourism or travel industries, airlines should be proactive in its approach to bed bugs.

Currently, airlines do not inspect their planes after every trip. Should we expect airlines to do so? Probably not just because of the sheer magnitude of flights that cris-cross the planet on a daily basis. It would be unreasonable. However, airlines should quickly respond to bed bug complaints and immediately address an infestation.

If you, or a loved one, have been attacked by bed bugs while staying at a hotel, motel or resort, or while on a plane, 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.