Miami Resort Injury Lawyer Blog

Get ready. The sound of dice being thrown, roulette wheels being spun, and crowds cheering for the lure of easy money appears to be headed to South Florida.

What has been a pipe dream for so many for so long appears to be on the verge of being realized. Legalized gambling may be coming to Miami sooner than you think.

While South Florida has had gambling at the local Indian Reservation for years now, a strong push is being made to bring Las Vegas style gambling to downtown Miami.

Appellate Court Ruling is a Victory for the Hialeah Racetrack

A Tallahassee appellate court cleared the way for legislators to expand gambling in South Florida without a referendum vote. The ruling was a victory for the Hialeah Racetrack and serves as a promising omen for the push by the world's largest gaming companies to bring resort casinos to Florida.

The reason being is that this case concluded that Florida legislators can authorize slot machines anywhere in the State of Florida.

The immediate impact of this ruling is that the Hialeah Racetrack is now eligible to place slot machines on its facility. The reason being is because at issue in that case was whether or not the Hialeah Racetrack could put slot machines on its facility. The appellate court affirmed the lower court's ruling in concluding that the Hialeah Racetrack was free to add the slots.

Looking at the decision more broadly, this ruling will usher in a new era for equal access to gambling in Florida, especially in South Florida, by adding to an existing mix that includes horse and dog racing, jai alai and Seminole Indian casinos.

The era of the Resort Casino may be upon us

Florida legislators, led by Rep. Erik Fresen, are pushing a proposed plan to build three resort casinos in Miami Dade and Broward Counties without first having to seek voter approval. And such a plan is bolstered by the appellate court's ruling permitting slot machines to be added to the Hialeah Race track.

The plan would invite companies to submit bids for three casino licenses to a newly-created Florida Gaming Commission. Each of the bidders would be required to show that they will invest a minimum of $2 billion in capital in each facility.

Impact on South Florida

It is all but certain that gambling is coming to South Florida at some point in the near future. There is also no question that gambling will pump billions of dollars into the economy and help revitalize Miami-Dade county.

Gambling also has the potential of catapulting South Florida's status among international tourists and make South Florida one of the most popular tourist destinations in the United States, and that is above and beyond its current popularity.

But gambling will not be without its negatives. With the influx of more people and money into South Florida will no doubt come more crime. These "resort casinos" will need to be equipped to handle the large influx of potential travelers. And that is not just from a gambling perspective, but from a safety and risk management perspective. The best way to curtail violent crimes is prepare for them and properly staff the properties.

Continue reading "Gambling Appears to be Coming to South Florida" »

In what is becoming quite the regular occurrence in South Florida, a young man was stabbed at a popular South Beach nightclub. The stabbing resulted after a verbal altercation between two men at the nightclub.

The altercation started because the victim and his friends were approached by 24-year old Mark Belser. Allegedly, Belser touched one of the women in the victim's group inappropriately. The victim and Belser then began arguing. Belser eventually walked away after making taunting gestures and making cutting motions across his neck.

However, Belser would return in a short time. When he returned, the victim and Belser get into a physical altercation. Then, Belser began to stab the victim. Luckily, the victim did not sustain life-threatening injuries and is expected to fully recover.

According to police, it is not known whether Belser had the knife with him to begin with or if he went someplace else to get it.

Out of pure speculation, let's say that Belser grabbed the knife from a table or bar in the restaurant because an employee had left it there. That would certainly help establish a case that the nightclub was negligent.

Also, why weren't all these individuals removed from the premises after the verbal altercation? It's certainly possible that a jury could find that the nightclub provided inadequate security because the arguing individuals were not escorted from the club.

While we're not saying that the South Beach nightclub was negligent in any way, a competent attorney would take these factors into account if assessing this case. Ultimately, this nightclub has a duty to prevent is patrons from becoming the victims of violent crimes on its premises.

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 "Stabbing at South Beach Night Club" »

Recently, four people were injured outside of club 90 degrees located near 11th Street and Northeast First Avenue in Miami. Luckily, all are expected to be okay as they received non-life threatening injuries.

The incident started inside the club when a fight broke out between two parties. After the altercation was broken up, one of the parties left the club. Afterwards, it is believed this party drove up in a car and opened fire on a crowd of people standing outside the club.

The whole ordeal may have been caught on surveillance video. Early reports had police looking for two gunmen. The latest news has already named a suspect - Alfonso Darnell Artis.

This incident serves as a pivotal reminder to business owners and patrons alike that bars and nightclubs can often be dangerous places. Owners of these establishments have a duty to put into place certain measures to prevent their patrons from becoming victims of a crime caused by a third party. These crimes include rape, battery, and assault.

Unfortunately, this is not an old story line in South Florida. While there is nothing to suggest this particular club was negligent, it is certainly a good thing that they had video cameras. However, had this shooting occurred indoors there certainly could have been a case for negligent security. This would be especially true if similar incidents had occurred in the past. If a nightclub had previously experienced individuals committing violent crimes in or around their establishment, they may have the affirmative duty to conduct pat downs of all patrons.

Continue reading "Negligent Security Claims May Result from Inadequate Security at Night Clubs" »

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" »

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" »

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.

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.

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.

A 39-year-old woman fell to her death at approximately 1:30 a.m. Monday morning from the top deck of the popular Roxy's Pub located in downtown West Palm Beach. This death left many co-workers shocked, and left two small children motherless.

While the authorities are still investigating this incident, this incident is another illustration of the types of incidents that can take place at popular establishments. While the economy is slowly working its way out of the doldrums, many local, and national, tourist attractions are still not hiring. This trend is even more troublesome in South Florida because the unemployment rate in South Florida is higher than the national unemployment rate.

Therefore, the possibility exists that many airports, resorts, hotels, convention centers and other tourist destinations, such as Roxy's Pub, are trying to do more with less. Many workers are beginning to feel overworked and may not be as careful as possible. This will lead to careless acts of negligence and clear omissions of duties. This will result in injuries.

While no one can guarantee that trip and falls, or slip and falls will not 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.

Continue reading "Mother of Two Dies After Falling From the Roof of a Popular West Palm Beach Night Club" »

As northern temperatures cooled and Art Basel drew thousands to Miami, hotel occupancies were up in South Florida. The many wonderful hotels and resorts, in South Florida, offer wonderful accommodations and amenities.

Indeed, South Florida's economy is greatly dependent on tourism. Unfortunately, many of those tourists visiting South Florida end up being the unfortunate and helpless victims of injuries that could have been prevented, like a slip and fall, or the helpless victim of sexually related crimes, and other despicable acts of violence.

While the economy is slowly working its way out of the doldrums, many local, and national, tourist attractions are still not hiring. This trend is even more troublesome in South Florida because the unemployment rate in South Florida is higher than the national unemployment rate.

Therefore, the possibility exists that many airports, resorts, hotels, convention centers and other tourist destinations are trying to do more with less. Many workers are beginning to feel overworked and may not be as careful as possible. This will lead to careless acts of negligence and clear omissions of duties. This will result in injuries.

While no one can guarantee that trip and falls, or slip and falls will not 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 "As Travel Increases to Many South Florida Resorts, So Do the Injuries" »

A jury has found the Harrah's Casino in Laughlin Nevada liable for the injuries suffered by guests when a deadly fight broke out between rival motorcycle gangs. The brawl occurred during a popular motorcycle rally back in 2002. The jury in this case must now return to decide the dollar amount of damages to be awarded to the plaintiffs.

This is yet another example of how certain establishments just don't take the time to set up appropriate safeguards to avoid these situations and confrontations, especially when equipped with advance knowledge of the potential of trouble. In South Florida we've handled plenty of cases similar to this one. Our firm has extensive experience handling these claims.

According to the attorney representing the injured bystanders, Harrah's Laughlin officials knew that trouble was coming, but they failed to do anything to prevent the fight between the Hell's Angels and Mongols motorcycle gangs. The fight broke out on the casino floor. Three bikers died and several guests were injured.

The plaintiff's in this lawsuit said they got caught in the crossfire of the brawl or were injured as gamblers rushed out of the casino when the fight erupted. Security footage presented to jurors in a 2006 trial showed gamblers stampeding out of the casino and ducking for cover. The casino's attorneys argued that their client is not liable for the criminal acts of the bikers, which includes a "spontaneous and tragic biker gang brawl." Further, they assert that the fight was not foreseeable.

One of the plaintiffs claimed he injured his back when he dove to the ground in order to avoid getting hit by bullets. He also states he experienced emotional trauma and flashbacks to combat during the Vietnam War. A group of other plaintiffs claim they were entrapped by the stampede of fleeing bystanders and then later found themselves in an elevator with gang members armed with guns.

Continue reading "Casino Found Liable for Deadly Fight" »

When an individual is attacked or victimized on another's property there may be a claim for negligent security. This cause of action allows for recovery against property owners for foreseeable criminal attacks by third parties. Accordingly, an experienced lawyer would begin an investigation to determine whether or not a criminal attack was foreseeable. Evidence of prior violence is certainly a good indicator that a criminal attack was foreseeable.

Since the foreseeability of criminal attacks on third parties plays a strong role in negligent security claims, a certain hotel nightclub may be opening itself to liability due to the history of violence around the hotel and its nightclub. In Eaton County, Michigan, officials have recently dealt with fights, a shooting, and the assault of a Sheriff's Deputy outside of a hotel nightclub.

This is a perfect illustration of how certain establishments don't take the time to set up appropriate safeguards to avoid these situations and confrontations. In South Florida we've handled plenty of cases where security guards or bouncers used too much force and severely injured people, or, worse yet, simply abused their position to commit a criminal act. Our firm has extensive experience handling these claims.

As for the case in Eaton County, on October 24, 2010, around 2 AM, several Sheriff's Deputies responded to this hotel and the attached nightclub after responding to a call on multiple fights. While on scene, someone fired a gun. A bullet ultimately hit a 21 year old man in the leg. A few days after this incident, police responded to the club on a reported fight and an officer was slapped in the face by a patron.

Although the nightclub has taken the position that its security measures are appropriate, the fact remains that violent incidents have occurred time and time again outside of the nightclub by presumed patrons. Ultimately, these facts illustrate that a criminal attack on a third party is foreseeable on the hotel and nightclub premises.

Continue reading "Violent Crimes Often Leads to Personal Injury Claims for Significant Damages" »

A major hotel chain has agreed to pay a victim's wife and his children $5,500,000.00 in compensatory damages. The settlement agreement arose out of an incident involving the death of a man at a nationally recognized hotel.

On June 3, 2006, the victim was staying at a hotel hosting two wedding receptions. At some point during the evening, several fights broke out. The victim, who was not involved in any of the fights, was caught by surprise and sucker punched in the head by an intoxicated groomsman from one of the wedding receptions. The hit resulted in serious brain trauma, which necessitated emergency surgery to relieve the pressure and bleeding on the brain. He was eventually placed on life support, and two days later he was announced brain dead, taken off of life-support and pronounced dead. The coroner concluded that the cause of death was blunt force trauma to the head.

We also previously reported how a current client was assaulted in her hotel room by a security guard during her honeymoon in Mexico.

These are perfect examples of hotels not having taken the time to set up appropriate safeguards to avoid these situations and confrontations. In South Florida we've handled plenty of cases where security guards or bouncers used too much force and severely injured people, or, worse yet, simply abused their position to commit a criminal act. Our firm has extensive experience handling these claims.

As for the victim that was killed at the wedding reception, a lawsuit was subsequently filed with claims that the hotel failed to follow established security and safety procedures. Sadly, the hotel decided to place profits before providing a safe environment. For a mere $200, the hotel could have hired two additional guards to provide security that evening. This could have proved to certainly prevent what occurred that evening as the lone security guard on duty was knocked unconscious as he attempted to break up the second fight. In addition to this security guard being improperly trained, the hotel was on notice that it needed to hire additional guards because it aware that it would be hosting two wedding receptions with open bars.

Further, the hotel had notice of prior violent events at the hotel. Within the three years prior to this fatal attack, police reports indicate that there were 8 fights, 9 instances of public intoxication, and 14 instances of disorderly conduct. Most notably, four of these incidents involved wedding parties similar to the June 3rd receptions.

Continue reading "Hotel Pays Millions of Dollars to Injured Party" »