Miami Resort Injury Lawyer Blog

Traveling 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.

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" »

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" »

When 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.

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.

You may have already heard of a recent lawsuit filed against Walt Disney Parks and Resorts prompted by the parents of a 4 year old child who was burned by nacho cheese that was allegedly served at an unsafe temperature. Many of you are probably reminded of the McDonald's hot coffee law suit. But before you think this is "ridiculous", let's discuss this case and the related to how a restaurant may serve food.

This young child was burnt by the nacho cheese that was placed in a paper cup. To keep from falling from an unstable chair, the young child grabbed onto the food tray holding the cheese. After grabbing onto the food tray, the cheese splashed onto the child's face.

According to the family's attorney, the cheese began to cause immediate burns on contact. As such, the lawsuit alleges that the cheese was served at an unsafe temperature and that the child has sustained permanent scarring.

So what duty do restaurants have to their patrons?

In Florida, when a diner orders and pays for food at a restaurant, "there is a sale of such of food, and there exists an implied warranty that the food so sold is reasonably fit for human consumption." Zabner v. Howard Johnson's, Inc., 201 So. 2d 824, 827 (Fla. 4th DCA 1967). This warranty arises because the consumer by ordering the food provides notice to the seller of the particular purpose for which the food is required and as such relies on the seller's skill and judgment in preparing such food. Id.

Here, it appears that the cheese was not reasonably fit for human consumption because it allegedly caused immediate burns on the child's face. When ordering a hot meal, its reasonably expected that the meal will be served at a hot or warm temperature. However, its not reasonably expected to be served so hot that it causes immediate burns upon contact. Food that is served at such temperature breaches the implied warranty that arises with the sale of foods.

If you have been injured in an accident, or food poisioning, please contact our office today for an initial free case evaluation and to discuss your rights.

Many flock to South Beach to soak in the sun, but many also visit to soak in the Art Deco architecture that predominates the area. Mostly built between the 1920s and 40s, Art Deco has become synonymous with South Beach. Because of their age, many of these buildings have been renovated. However, some buildings have been neglected, and this neglect could lead to dangerous consequences - such as parts of a building collapsing.

This past weekend a restaurant at a hotel was closed in Miami Beach after the building's overhang collapsed onto the sidewalk. Fortunately, no one was hurt.

Building inspectors which arrived at the scene believe the collapse was caused by wear and tear. According to a building inspector the wear and tear may have been caused by water collecting on top of the hang. This inspector believes that there should have been a water drainage system while also acknowledging the age of the building in the area.

Many of you may be thinking, no harm, no foul. However, this incident provides the perfect example of what can happen if a landowner, specifically the owner of a restaurant or hotel, fails to properly maintain their property.

What is a Landowner's Legal Duty to the Public?

So, what does Florida law require of landowners? First of all, a landowner has a duty to maintain the building in a reasonably safe condition. Also, they have to warn their guests of any hidden conditions they know of or they should know about. Last, they have a duty to inspect their premises.

The duty to inspect is extremely important because an inspection could reveal hidden dangers. Here, its possible that an inspection would have found an overhang that was deteriorating due to the build up of water. It also could have shown that regular wear and tear would lead the collapse of the overhang.

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.

Therefore, the possibility exists that many airports, resorts, hotels, convention centers and other tourist destinations, such as South Beach, 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.