Recently in Liquor Liability Category

March 20, 2012

Injuries Often Occur During Spring Break

cancun-spring-break2.jpgTraveling for spring break has become increasingly popular over the years. As winter lessens 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.

March 29, 2011

Spring Break Injuries in South Florida

Thumbnail image for Honeymoon.002 Maui 004.jpgWhen 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.

March 8, 2011

Liquor Liability in South Florida - Be Careful When Drinking and Never Drink and Drive

photolibrary_rm_photo_of_man_drinking_beer_at_bar.jpgMiami 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.