Miami Resort Injury Lawyer Blog

Dating back to Independence Day in 1776, when John Adams penned a letter to his wife Abigail saying, "I am apt to believe that this day will be celebrated by succeeding generations as the great anniversary festival. It ought to be solemnized with pomp and parade, with shows, games, sports, guns, bells, bonfires, and illuminations," fireworks have been a part of our country's history.

More than 100 years later, there were approximately 9,000 fireworks-related injuries last year, according to the American Pyrotechnics Association.

Because more fireworks are used on and around the Fourth of July in the U.S. than in any other celebration in the world, there is a larger concentration of injuries.

The best thing to avoid the tragedy of fireworks accidents is not to use them, and stay far away from those who do.

If you can't resist, however, obey Florida's laws, purchase fireworks from a reputable store, and follow these tips to ensure a safe 4th of July:

• Use common sense. Spectators should keep a safe distance from the shooter and the shooter should wear safety glasses.

• Use fireworks outdoors only.

• If fireworks are not legal where you live, do not use them.

• Always have water handy. (A hose or bucket).

• Only use fireworks as intended. Don't try to alter them or combine them.

• Never relight a "dud" firework. Wait 20 minutes and then soak it in a bucket of water.

• Alcohol and fireworks do not mix. Have a "designated shooter."

• Only persons over the age of 12 should be allowed to handle sparklers of any type.

• Do not ever use homemade fireworks of illegal explosives: They can kill you!

Continue reading "4th of July Fireworks Safety Tips" »

Ever since 9/11, we've had to get accustomed to living in a new world where we have to worry about terrorism. Now, many hotels are reviewing their security measures since bin Laden was killed to take into account the fact that the potential for attacks against US citizens may be higher than ever.

One major hotel chain that is reviewing security measures is the Marriott. Marriott takes security seriously as two of their hotels were attacked in Indonesia on July 17, 2009. Also, last year a terrorist parked a bomb-filled SUV outside of a Marriot in New York City. The Marriot brands include JW Marriott, Ritz-Carlton and Residence Inn.

Starwood Hotels, which operates the Sheraton and W brands released a statement that its hotels are advised to follow the guidance of the Dept. of Homeland Security. Its employees also follow a policy of "if you see something, say something."

This is a remarkable policy and it should be followed by all hotels. Often times, employees simply overlook a spill on the floor or that suspicious individual who is walking up and down the hotel parking lot. That spill could lead to a very bad slip and fall. That man could assault a hotel guest and badly injury him. Hotels should follow this policy because it would prevent countless injuries.

While no one can guarantee that trip and falls, slip and falls, or other accidents, won't 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.

Continue reading "Hotels Review Their Security Measures" »

Travelers beware: Germany is currently facing an E. coli outbreak. The outbreak has already led to the death of 25 people. Because of this outbreak many Americans are making the decision to cancel long-planned trips to Germany.

It was initially believed that the source of the outbreak is bean sprouts. However, nobody knows for sure what is causing this issue. Various organizations have issued the warning to avoid eating lettuce, tomatoes, and cucumbers in Germany.

Four Americans have already fallen ill with the rare strain of E. coli, which could be life-threatening if it affects the kidneys. The German tourist board is certainly not hiding the problem as it includes links on its website that are tracking the outbreak. Many German hotels and restaurants are still serving many food items which may be infected with E. coli.

While this is occurring abroad, Americans are no strangers to outbreaks of contaminated food. It's critical to understand that restaurants and hotels have the responsibility to serve food that is safe to eat. Apart from negligence, a business which serves food that is not fit for consumption can be found liable under a breach of warranty theory as well.

While many may be surprised by the warranty claims, Florida law treats food sales much like a TV or car sale. Food that is not safe for consumption may violate a warranty that applies to all goods sold by businesses - the warranty of fitness for a particular purpose. This warranty may also be violated if you are injured by the consumption of a foreign object in a food item.

Continue reading "American Travelers are Impacted by the Dangerous E. Coli Outbreak in Germany" »

It seems like bed bugs just love the Big Apple! For the second year in a row, New York City tops the list for bed bug infestations. However, this really should not come as a surprise since NYC is a major metropolis. Infestations have popped in apartment buildings, businesses, department stores and magazine offices.

Luckily, Miami is not on the list.

The figures concerning infestation numbers were released by Terminix, which feels the increase in infestations may be attributed to the fact that consumers are more aware of the issue. Consumers are also much more on the look out for the pesky little creatures.

As we've discussed in the past, bed bugs have always been around. However, ever since certain pesticides, such as DDT, were banned we have seen a rise in bed bug infestations. With the rise in infestations, there has been a rise in claims against hotels because of their guests being bitten by bed bugs.

If someone is bitten by bed bugs while at a hotel, they may have a claim against that hotel. Hotels owe their guests a duty of care. Part of this duty of care is to ensure that guests are not going to be attacked by pests. Failure to protect hotel guests from being bitten by bed bugs may constitute negligence.

If you or a loved one are bitten by bed bugs while staying at a hotel, don't hesitate to contact Alvarez & Barbara, LLP. Not only are we experienced with claims against hotels, we have successfully handled bed bug claims.

A woman has passed away after falling through a 10th story W Hotel window located in Midtown Atlanta. Another woman also fell with her. Luckily, she is alive and remains in a local hospital.

LaShawna Threatt was celebrating her 30th birthday with her fiancee and close friends at the Hotel. Initial reports from the scene stated that Threatt was either drunk or rough-housing with her friend when she fell through the window. However, the family maintains that no play-fighting was going on.

According to Threatt's fiancee, the night was coming to an end and the two close friends were simply hugging each other to say good night. At the time they were hugging, Threatt's back was against the window. As they leaned against the glass, the window broke and they both fell out. Threatt landed on the 5th floor of a sunroom roof connected to the hotel. Its believed that her friend rolled off the roof.

This fall certainly raises some questions as to the integrity of these windows and whether they were properly suited to be installed in an area where individuals may stand or rest against them. If it is determined that these two women were not rough housing in any way, then the hotel may be found liable for the wrongful death of Threatt and the injuries sustained by her friend.

One of the critical components of any personal injury claim is the investigation conducted by the plaintiff's attorney. Here, it would be necessary to obtain all police reports generated as a result of this incident. It would also be necessary to interview all witnesses who saw the incident occur and to determine what type of glass is was installed in this area. Further, a determination as to whether this glass was properly installed or even suitable for this area would have to be made. These are just a few of the details involved in investigating a claim of this nature and much more work would have to be undertaken to fully investigate a claim of this magnitude.

In sum, 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.

Consider Your Options. Contact Us Today.

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.