Miami Resort Injury Lawyer Blog

Although 15 months have passed since the BP oil spill, Floridians are still feeling the effects of this catastrophe. We may not hear about it in the news, but countless numbers of fellow Floridians who were harmed by the oil spill have yet to be compensated.

Recently, Florida's Agriculture Commissioner, Adam Putnam, along with affected Panhandle residents and business owners participated in a US Senate hearing in Pensacola. The purpose of the hearing was to update the US Senate on the long term effects of the oil spill which started back in April 2010.

Putnam testified that fishermen, restaurants, hotels, and seafood distributors continue to suffer. He also testified that BP's compensation methods are frustrating and lead to incredible delays. Just to make matters worse, BP recently announced that oil spill victims should not be paid on claims for future losses.

Most of the news we hear concerning oil spill victims talks about those directly on the Gulf Coast. At times, we'll hear about victims in the Florida Keys. However, we rarely hear about victims here in our very own backyard - Miami-Dade County. For example, many Miami Beach hotels experienced cancelled reservations and lost bookings because tourists were weary to vacation on beaches contaminated with oil. Not only that, but many cancelled cruise ship reservations as well, and many hotels lost reservations as a result of those cancellations as well.

Certainly, any hotel or resort in South Florida that experienced a loss in business because of tourists afraid to tan on our beaches is a victim. At Alvarez & Barbara, LLP we are currently representing several local Miami Beach hotels in the massive oil spill litigation taking place in New Orleans, Louisiana. We are attempting to recover the losses they experienced because of lost bookings and the damage to their reputation.

The attorneys at Alvarez & Barbara, LLP, are committed to representing parties who have been harmed by the wrongdoing of others. Our representation of local businesses against multinational energy giants is a testament of our commitment to helping those who have been harmed by the negligence of others. No matter if you're just one person or a local business operator, if you've been harmed by the negligence of another don't hesitate to contact us for a free consultation.

Continue reading "South Florida Victims Still Suffering from the BP Oil Spill" »

Summer time in South Florida signals humidity and high temperatures. To seek relief from the heat many will stay cool with some refreshing air conditioning. Others will head to a water park to cool down. Especially with school out during the summers, many families seek refuge from the heat at water parks.

There are over 1,000 water parks and they attracted over 79 million visitors in 2010. While usually a place for fun, water parks present great drowning dangers and a range of other non-submersion injuries. Between 1998 and 2007 over 3,000 people sought treatment at emergency rooms for injuries sustained at water parks.

A major contributor to these injuries is the speed that is often reached on water park slides. This speed can lead to major head and spinal injuries. Minor injuries could include cuts, sprains, and broken bones. However, many of these injuries are often the result of human error. So when you're at a water park, be aware of your surroundings and be safe!

Regardless of the human factor, water parks still have a duty of care to their visitors. For example, injuries often happen when consecutive riders hit each other on a slide. In order to avoid an accident like this from occurring, many water parks have installed traffic lights, closed circuit TVs and warning notices to control the flow of riders. Despite these safety measures, water parks still need to have staff physically present.

If you or a loved one are injured at a water or amusement park, car accident, or assaulted, while at a hotel, restaurant or bar, please contact us today for a free case evaluation. At Alvarez & Barbara, LLP, we've achieved favorable results for our clients who face the unfortunate circumstances of being injured.

Our firm has a proven track record representing clients in all areas of personal injury 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.

Continue reading "Water Park Safety Tips" »

Miami is internationally known to draw people from all over the world for its beaches and tropical climate. Apart from the sand and good weather, it is also a hub for nightlife. On any given night you're bound to find a jam packed bar or nightclub with people having a good time. However, it's not always fun and games.

A recent story out of Tampa highlights what unfortunately happens on a regular basis here in South Florida - a fight breaking out in a bar and someone getting seriously injured or even killed. After a fight broke out in a Tampa bar, it quickly turned deadly.

While at the bar, two men ended up in a brawl. It started off as a shoving match, but one of the men pulled out a gun and fired two shots at the victim. Although the shooter immediately fled the scene, he was later arrested. He is now charged with 2nd degree murder with a firearm.

It looks like the shooter is going to be held responsible for his actions. However, under these circumstances is it possible for a bar to be held responsible for anything? Certainly. While we're not saying that this bar in particular is liable for the events that unfolded that evening, bars, much like any other business, have a responsibility to provide adequate security for its patrons to prevent visitors from being victims of criminal activity.

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. Here, if it is shown that prior violent crimes have occurred on or near the site of this bar it would help establish a case of negligent security.

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.

Continue reading "Fatal Shooting at a Tampa Nightclub" »

Summer is officially in full swing and even with the unpredictable nature of gas prices many families decide to hit the road for that all-American road trip. If you plan on traveling this summer, here are some tips to make your travels safer and better.

If you're taking a road trip, plan your trip ahead of time. If you're going to a city you've never visited then make sure to do some research to avoid the seedy and crime-ridden parts of that town. Only take the credit cards you'll really need. Rather than travel with a big wad of cash, use traveler's checks.

Once you get to your hotel, check the locks in your room to make sure they all work. Also, never leave your room unlocked. Even if you're just going to get ice or the vending machine lock the door. Also, avoid using side or rear entrances at hotels. Always use the main entrance because they are usually very well lit.

On a road trip, you're going to inevitably stop for gas. When picking a gas station don't choose one because it has the cheaper price. Instead, you should be going to a well-lit gas station. When purchasing gas choose the pumps that are closest to the station building. Credit card scammers replace the credit card slots with skimmers on the pumps furthest from the station because an attendant is less likely to see them there.

When you're traveling the last thing you want to worry about is something bad happening. However, they do happen. If you follow these tips and use your common sense, you can avoid a car accident, a slip and fall or even from being the victim of a violent crime at your hotel.

Continue reading "Tips for a Safe Summer Road Trip" »

The Doral Golf Resort and Spa is facing its fifth lawsuit stemming from an employee who sexually assaulted female customers. The employee, a masseur, has been arrested twice for the sexual assault of two different women.

The latest suit was filed by a woman who was in town from North Florida for a wedding. She claims that David Munoz improperly touched her during a body scrub in September. After the incident occurred, she complained to management. What she didn't know at this time is that he was already under investigation for similar incidents.

The lawsuit alleges that Munoz was allowed to continue working after already being investigated for other sexual assaults. Despite these investigations, the spa allowed him to continue to massage women.

If its true that the spa allowed him to continue working after multiple complaints, then the resort could be found liable for this claim. Amongst other potential claims, the central one here is most likely negligent retention of this employee.

When an employer learns of the misconduct of one its employees and fails to terminate them, this may be considered negligence. For example, let's say a tour bus company fails to fire a driver who repeatedly causes car accidents. If this employee were to cause an accident that lead to the wrongful death of another driver, the company may be held liable under a theory of negligent retention of an employee.

Continue reading "Sexual Assault at Golf Club" »

Guests at a Miami Beach hotel were forced to leave after a water pipe in the building burst. The burst pipe caused a ceiling to collapse into the hotel lobby.

The water pipe that burst was located between the first and second floor of the Claremont Hotel - located in the heart of South Beach on the 1700 block of Collins Avenue. After the pipe burst, water spread into the hotel lobby and caused the ceiling to collapse. Guests were immediately evacuated and relocated to another hotel.

According to the fire department, the leak was occurring from the inside of where the ceiling came down. The build up of water ultimately led to the ceiling collapse.

South Beach is world renown for its architectural history and the large collection of art deco buildings. Many of these buildings were built back in the 1930s.

Of course, they have undergone massive renovations. However, because of the old age of these buildings land owners must be extra cautious and regularly inspect their buildings so that guests are safe.

Take for example, this story back in February where an art deco hotel's roof overhang collapsed onto a sidewalk. The age of the building was considered a contributing cause.

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. The duty to inspect is extremely important because an inspection could reveal hidden dangers. Here, its possible that an inspection would have found a faulty water pipe.

Luckily, no one was injured. But, if you or a family member are injured at a hotel or resort, don't hesitate to contact us. At Alvarez & Barbara,LLP, we have the experience and know-how to handle claims against hotels. In fact, we handle these claims on a daily basis and have obtained successful results for our clients.

Continue reading "Burst Pipe Causes Evacuation at Miami Beach Hotel" »

Bars and adult entertainment clubs are not always the safest places. While many go to enjoy themselves and not bother anyone else, sometimes what starts as a verbal altercation turns into a violent situation in which people are hurt or killed.

Well, at a bar in Broward and a strip club in Palm Beach County this is exactly what happened.

At the bar in Broward, two men were killed and 10 people were injured. The shooting began when two men got in an altercation and one of them drew out a gun. In response, the bar's security guard pulled out his gun. Afterwards, shots were fired. The original gun man as well as the man with whom he was arguing were both killed. The ten injured people were wounded by gunshots. At this time, its unclear what happened at this bar. Investigators definitely have their work cut out for them.

In the Palm Beach shooting, an altercation led to one man getting shot in the foot and another shot in his leg. Two women were injured by shattered glass at the scene.

All premises owners have the duty to take certain steps to ensure that their patrons are not the victims of a violent crime committed by a third party. Here, the Broward bar apparently may have had some issues in the past if they felt the need to have an armed security guard on staff. This certainly shows that they took steps to protect their patrons.

However, was that enough? Should they have a metal detector at the entrance to catch patrons with guns? Or, maybe the security guard should pat down those who wish to enter? Maybe the security guard did pat down this gunman, but didn't do so properly. Another issue could arise if its determined the guard unnecessarily shot the unarmed man. Then there could be a wrongful death action The bar could also be held liable if the guard negligently shot some of the innocent bystanders.

All of these factors and more would be considered and looked at if the families of the deceased and the injured individuals decide to take legal action against the bar.

Continue reading "Fatal Shooting at Night Club" »