Miami Resort Injury Lawyer Blog

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" »

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.

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" »

Hotels, restaurants and bars have a duty to provide adequate security in order to ensure that their patrons are free of harm. In order to comply with this duty, they often implement certain security measures such as employing security personnel. Even though security guards are supposed to be creating a safe environment, some rogue guards can create an unsafe environment. In Australia, a man had a first-hand experience with one of these guards.

In 2007, John Orcher was drinking with his then girlfriend at a Sydney hotel. His girlfriend testified that she was across the street at an ATM when she saw Mr. Orcher exit the hotel and walk out into the street. A uniformed hotel security followed him out of the hotel and punched him once in the head, which caused him to fall to the ground.

As a result of this single hit, he was hospitalized. He now suffers from memory loss and has difficulty completing everyday tasks. He also suffers from seizures and is unable to return to work. He is now seeking $750,000 from the hotel.

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 security guards going a little too far. 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.

What is important to understand about these cases is that although these assaults and batteries are committed by individuals their employees may be legally responsible. If an employee acts within the scope of employment then the employer is said to be vicariously liable for their employees acts or omissions. This concept is critical because it is difficult to recover damages from an individual with insufficient assets. Employers may also be liable if they failed to perform an adequate screening, and hiring, procedure, or failed to terminate the employee where the employee committed prior inappropriate acts. Additionally, many employers usually typically carry liability insurance, which should provide a sufficient means of monetary redress for the inappropriate conduct.

Continue reading "Negligent Security Claims are on the Rise Due to Out of Control Bouncers and Security Personnel" »

Get ready for busier hotel lobbies and long waits for the elevator at South Florida hotels. Hotel occupancy rates rose across South Florida last week, according to the South Florida Business Journal. The study, which examined the occupancy rate for the week ending on September 4th, showed occupancy in Miami-Dade County rose to 57.2 percent from 51.9 percent in the previous-year period. This places Miami-Dade County near the national average of 57.4 percent.

On the other hand, 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.

For instance, we've all arrived at hotels eager to rest our heads after a long flight or road trip. The last thing we want to deal with is a long line at check-in with people just as grumpy and tired. Guests traverse through the lobby with their suitcases and zig-zag through the crowd as if they were running through an obstacle course. All the while hotel management is simply attempting to get their guests checked in or out as quickly as possible, and with less resources and man power. This scene is assuredly going to become more common with occupancy rates rising and as the winter tourist season in South Florida quickly approaches.

While this scene is great for the hospitality industry, the likelihood of an accident occurring at a busy hotel with a high occupancy rate greatly increases. Hotel management is more concerned with accommodating their guests rather than ensuring their hotel is free of dangers that could cause injury to a guest. Whether traveling for business or pleasure, make sure you keep your eyes open and pay attention to your surroundings. No one wants to visit an emergency room while away from home.

Continue reading "South Florida Sees an Increase in Travel and an Increase in Accidents at our Local Resorts" »

The President recently signed into law a piece of legislation regulating cruise ship safety and transparency. As reported in the USA Today, the new law mandates crime reporting, requires aid for rape victims, and forces all ships have cabin peepholes and guard rails at a certain height.

Specifically, the Cruise Vessel Security and Safety Act requires following:

• Cruise ships shall erect 42 inch guard rails, and peepholes in the cabin doors of every passenger and crew member;

• Cruise ships shall have on deck video surveillance systems and emergency sound systems installed;

• Cruise ships shall maintain a log book that records deaths, missing people, and allegations of any crime;

• Cruise ships shall be required to have rape kits on board, and medications to prevent sexually transmitted disease, and a trained sexual assault specialist to be on board each ship;

• The new shall also mandates that all crew members shall receive training in preventing and detecting crime, as well as preserving evidence and reporting crimes in international waters.

While many cruise lines, and crew ships, were already adhering to many of the of the components of this new law, this new law is a step in the right direction to change the public perception associated with one's safety while a passenger on a crew ship. Public perception has grown over the years that cruise ships are not safe in light of the many unfortunate incidents that have occurred on cruise ships over the past few years.

Continue reading "Legislation Aims to Make Cruise Ships Safer " »

According to local news reports, a South Florida tourist was shot to death at a popular Miami Beach resort. As one would imagine, the shooting led to mass chaos at the resort.

A strange odor forced many investigating police officers to recoil in horror. The nasty odor also ruined a wedding reception, and forced the leader of Belize to be whisked away for security reasons. All of the stunned guests staying at that resort were also evacuated.

According to news reports, the slain victim, a Russian national, and a friend, had hired prostitutes for the evening. Shortly thereafter, the prostitutes' pimp showed up. The pimp then shot the victim one time in the upper torso. That shot was fatal. The pimp and the prostitutes escaped, but the alleged shooter later arrested.

This is just another example of the type of violent crime that could occur at any hotel or resort. As we previously reported, sexual assaults at hotels are on the rise. Violent crimes, such as this shooting, are also on the rise.

Hotels and resorts have a non-delegable duty to its guests to ensure that its premises are reasonably safe. They may attempt to ensure that its premises are safe by contracting with an outside security company to provide security services on its premises. However, just because they hire the services of a security company does not mean that they no longer have a duty to its patrons to keep its premises safe. Quite the contrary, they have a non-delegable duty to ensure that its guests are reasonable safe from foreseeable harm.

Our firm has a proven track record representing clients in all areas of negligent security 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 "Fatality at Miami Beach Hotel" »

We recently reported on the rise of sexual assaults at many local hotels, and other public establishments. Additionally, with the economy placing financial pressure on many resorts to cut corners, many hotels and resorts may not have adequate security to properly safeguard against reasonably foreseeable criminal acts, or other acts of negligence.

In Florida, the duty owed to the injured party will depend on the injured party's status on the property at the time of the accident. The general rule in Florida is that a property owner owes a duty to eliminate and protect against reasonably foreseeable intentional acts of third parties. Furthermore, while the general rule in Florida is that a hotel, or resort, is not the insurer of the public safety, they do have a duty to protect guard against a reasonably foreseeable act.

Additionally, hotels and resorts have a non-delegable duty to its guests to ensure that its premises are reasonably safe. One way that a hotel, or resort, may attempt to ensure that its premises are safe is to contract with an outside security company to provide security services on its premises. However, just because the hotel, or resort, may hire the services of a security company, that does not mean that the hotel or resort no longer has a duty to its patrons to keep its premises safe. Quite the contrary, and to repeat, the hotel and resorts have a non-delegable duty to ensure that its guests are reasonable safe from foreseeable harm.

Alvarez & Barbara, LLP has extensive and successful experience representing clients in all areas of negligent security 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 maximize potential recovery.

Continue reading "Negligent Security at Hotels and Other Public Places " »

South Florida has wonderful year round weather, theme parks, night clubs, attractions and beaches. This results in millions of visitors coming to South Florida every year.

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 sexually related crimes, and other despicable acts of violence.

For instance, one of our firm's clients was recently on their honeymoon. Upon the couple's return to their hotel room they were startled to see the resort's security guard sitting on their bed. Not only was the perpetrator just sitting there, but he was watching a pornographic film, and he had spread out all of the happy bride's undergarment's, and other belongings, on the bed, and all over the room. He also had weapons ready to use at a moment's notice.

What was supposed to be the start of the happy couple's honeymoon, ended up being the beginning of an awful chapter in that young couple's relationship and lives. Fortunately, and with our firm's assistance, that brazen act of violence committed by the resort's security guard was quickly resolved to the couple's satisfaction. But the happy newlyweds will bear the scars of that night for the rest of their lives.

Resorts should afford a certain level of security to its guests. But sometimes the resort may have done a poor job of screening its own staff prior to hiring. And while the resort may have acted properly in hiring a security guard, the resort 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 resorts to cut corners in an effort to put their profit ahead of everything else.

Continue reading "Growing Number of Sexual Assaults in South Florida Resorts" »