Miami Resort Injury Lawyer Blog

The last thing a person expects while on vacation is for tragedy to happen. While vacationing at resorts, guests often relax in the cool pleasures of a whirlpool.

However, our personal injury attorneys continue to be concerned about the alarming rate of pool drownings, and other pool/spa related injuries, that occur way too frequently in Florida, and other resorts elsewhere. Many other helpless victims are way too often injured in public swimming pools because many public swimming pools are too often deemed unsafe, dirty and dangerous.

And that is one of the places where an easily avoided accident often happens. That is exactly what happened to John Van Hoy, Jr., a 33 year old who was vacationing at the Sandals Royal Bahamian Resort in Nassau.

While in the resort's hot tub, Van Hoy was sucked into to the drain and ultimately drowned as he was unable to break free. His fiancee attempted to free him from the suction drain, but she was unsuccessful. She sought the help of a resort employee, but the individual ignored her pleas for help and walked away. Other guests attempted to pry him from the suction drain, but they were unable to as well. Finally, one guest was able to free him, but it may have been too late at that point. Van Hoy's family is also alleging that none of the resort employees were willing to perform CPR on him.

Now, the family has filed suit against the resort in Miami-Dade County. The complaint alleges that no one could turn off the whirlpool because there was not an emergency shut-off button on scene. The complaint also alleges that after the death, hotel staff removed the phone from the fiancee's room and interrogated her to get her to somehow admit either she or Van Hoy were responsible for the death. Apart from the resort, the family is suing the companies that built or supplied parts for the whirlpool.

Sadly, these types of events occur quite often at resort pools and hot tubs. Resorts should be aware of the dangers presented by suction drains and ensure that they are working properly. They should also make sure that there is an emergency shut-off button and that staff is available to provide first-aid if necessary.

Nonetheless, one of the biggest dangers in a public, or private, swimming pool, or spa, is the drain typically found on the bottom of the pool. Drains with broken, missing, or faulty covers can entrap hair, the body, limbs, and jewelry and clothing, or cause other mishap.

In response to this growing issue, Congress passed the Virginia Graeme Baker Pool and Spa Safety Act, named after former Secretary of State James Baker's granddaughter, who became trapped in a hot-tub drain and drowned in 2002. This law set new standards for drain covers for public pools, spas, and hot tubs. The standards are optional for existing residential pools. However, all new equipment must meet the standards, so people repairing their pools or building new ones must install the new drain cover.

Our firm has a proven track record representing clients in all areas of swimming pool related claims and premises liability claims. It is often helpful to work with an experienced attorney from the early stages of your case in an effort to strengthen the liability theory of your case, and help maximize potential recovery.

Recent news reports reveals an increase in hotel occupancy rates and average daily rates throughout South Florida. As a whole, South Florida saw its hotel occupancy climb to 76.8 percent from 68.8 percent; that is an 11.6 percent increase from last April.

Indeed, South Florida's economy is greatly dependent on tourism. Unfortunately, and while many more are traveling to South Florida, especially during the upcoming Memorial Day weekend, many of those tourists visiting South Florida end up being the unfortunate and helpless victims of sexually related crimes, and other despicable acts of violence.

Hotels should afford a certain level of security to its guests. But sometimes the hotel may have done a poor job of screening its own staff prior to hiring. And while the hotel may have acted properly in hiring a security guard, they may have failed to perform the appropriate background screening of the particular individual they hired. Or the security guard may have just failed to perform his duties in a manner consistent with the standards imposed on security guards here in South Florida.

Worse yet, the resort may have contracted with an ill equipped third party to provide security services without knowing if that security company was properly manned to perform the security services. This is further heightened by the fact that the economy has placed pressure on hotels to cut corners in an effort to put their profit ahead of everything else.

Consider Your Options. Contact Us Today.

If you, or a loved one, have been injured in a 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 summer is almost here. Memorial Day weekend is the unofficial kickoff to what many are predicting will be a very hot South Florida summer and active driving season.

As for driving, holiday drivers received some good news prior to the kick off of the Memorial Day weekend driving season. The AAA predicts a fall in fuel prices leading up to Memorial Day weekend. Moreover, and for a variety of reasons, these decreases in retail gas prices are expected to continue, allowing travelers to make last-minute holiday plans for the upcoming weekend.

Unfortunately, with this increased traffic will come unexpected delays, closures and even many accidents throughout the weekend due to overcrowding and high traffic volume.

Other residents may opt to leave the crowded South Florida area for a summer kick-off road trip. And the long road trips may present challenges to many hitting the roads, and may also lead to unfortunate accidents and other problems.

With that said, if you're hitting the road, particularly during this busy holiday weekend, it is important that you abide by the following safety tips to avoid a car accident:

• Always follow the law and drive within the legal speed limit
• Take alternative routs to avoid congested areas
• Wear your safety seat belt at all times
• Do not drink and drive
• Do not text or talk on the phone while driving
• Watch or listen to traffic reports before getting in the car

If you or a loved one are involved in a car accident, please contact our office to discuss your case further. We will help guide you through the entire process and potentially maximize your recovery and compensation for your injuries.

In Florida, dog owners are strictly liable for any injuries caused by their dog. Not only are they liable for injuries resulting from a dog bite, a dog owner may be held strictly liable for injuries caused by running away from an aggressive dog. A dog owner may also be held liable even if their dog is being friendly and knocks over a person.

Every year 4.7 million Americans are bitten by dogs. Of all these incidents, 800,000 receive medical treatment for their injuries. Children are most commonly victimized by dogs followed by senior citizens. Half of the children who are bitten by dogs receive medical treatment and they are mostly bitten by familiar dogs.

A single dog bite can often be an expensive proposition for an insurance company. The average payout per dog bite is $24,461. High medical costs, and serious medical complications to the victim of a serious dog bite, can also expose an insurance company to damages topping off at $1 million, and beyond. That is particularly the case given it is uncommon for victims of serious dog bite attacks to require reconstructive surgery, and other expensive medical attention.

Although dog bites occur frequently, it doesn't mean that they cannot be prevented. Bites can be prevented if warnings signs are recognized and a more sensitive and deliberate approach is taken towards dog handling.

Here are a few recommendations on how to proactively prevent dog bites:

(1) make sure your dog is continually socialized to enjoy interacting with both adults and children;
(2) train your dog so that it understands basic commands;
(3) use a leash in public;
(4) exercise your dog regularly;
(5) avoid playing rough games with your dog such as tug-of-war or wrestling; and
(6) never allow children to stand face-to-face with unfamiliar children.

A great way to avoid your dog from biting someone is to hire an experienced, certified trainer. Also, teach your children how to handle dogs and recognize their body language.

At Alvarez & Barbara, LLP, we have successfully handled dog bite claims for our clients. If you or a family member is injured by a dog, don't hesitate to contact us today for a free evaluation. As a victim of a dog bite you may be entitled to recover monetary compensation for your injuries.

A North Miami Beach man is grateful to be alive after he was assaulted at gun point at a bank ATM. While the man was able to avoid being physically harmed, this unfortunate story should remind businesses to provide an adequate amount of security for their guests, especially during the upcoming Memorial Day Weekend.

The man was robbed at gun point while making a deposit. As he was conducting his transaction, two men came up to him. One of them pointed a gun at the victim while the other man stole the victim's chain and rings.

Police were able to apprehend a suspect by showing surveillance videos to people who identified the suspect. The police then showed the victim a photo of the suspect in a line up. The victim was able to point out the suspect as the man who assaulted him.

While there is certainly nothing to demonstrate inadequate security in this case, it reminds us that landowners must provide adequate security to their guests. This bank should be commended for having cameras available. It certainly demonstrates that the bank sought to provide a safe environment for its guests. In addition, it helped catch the alleged perpetrator of this crime.

In essence, landowners have a duty to ensure that their guests are not harmed by the violent acts of a third party. Some of the things courts take into account when determining whether a landowner has provided sufficient security are prior criminal acts in the area. The presence of prior violent attacks close to a business certainly puts a landowner on notice that they must take extra safeguards to protect their guests.

Other things to take into consideration include whether doors or gates should be installed and if they exist whether they were locked at the time of the crime. Courts also take into account the installation of security cameras, the presence of security guards, the sufficiency of lighting, alarms on doors and the height of bushes and hedges. Business owners and operators need to be wary of these measures. Some of these businesses include hotels, bars, night clubs, strip clubs, schools, parking lots, office buildings and condo and apartment buildings.

At Alvarez & Barbara, LLP, we have successfully represented clients in inadequate security cases. If you or a loved one are the victim of a violent crime on the premises of business or business operator, feel free to contact us for a free consultation.

We are all well aware of the dangers posed by driving a car under the influence. Therefore, one can certainly understand that driving a bus full of tourists certainly puts a lot of lives at risk.

Apparently, one Florida man couldn't use his common sense and drove a tour bus under the influence. Sadly, this decision to drive under the influence ended up causing the death of a pedestrian in New York City.

According to news reports, the driver of the tour bus had a 1.75 liter jug of vodka on the bus with him. There are also reports that a "silver travel mug nearly-emptied of vodka" was found on the bus as well. Allegedly, the fist breath test came out under the legal limit. However, on a subsequent test he blew a 0.083. This is more than twice the legal limit of 0.04 for commercial drivers.

Charged with DWI and manslaughter, the driver of the bus worked for a company based out of Florida. It has been uncovered that the driver has been cited 6 times since 1997 - three car accidents, speeding, and twice driving with a suspended license. These facts certainly do not bode well for the tour bus company.

Simply, the tour bus company may be held liable under these circumstance for negligent hiring and retention. The bus company certainly has a duty to ensure that its employees are safe drivers by conducting background checks prior to hiring and by terminating employees who commit certain wrongs as an employee.

In South Florida, we see tour buses on a daily basis. As an international tourist destination, visitors often travel and see the local sights on a tour bus. If you or a loved are hurt are injured on a tour bus, we welcome you to contact us to discuss your rights.

Our attorneys used to work for the insurance companies. Now, they focus on representing the victims of car accidents in Miami, South Beach, South Florida, and beyond. Given the years our attorneys worked defending the insurance companies in car accident cases, they are uniquely prepared to ensure that the victims of car accidents receive just compensation for their injuries and property damage.

Consider Your Options. Contact Us Today.

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