Miami Resort Injury Lawyer Blog

Thousands of party goers gather in Biscayne Bay off Miami to celebrate the annual Columbus Day Regatta. The event has been affectionately called the "Mardi Gras on Water" by many. Indeed, it is a fun event and a beautiful sight.

The Columbus Day Regatta traditionally takes place on the Sunday and Monday of Columbus Day Weekend. Hundreds of boats typically race down to Elliot Key on Sunday, and stay there over night. They all then race back on Monday.

It has a rich tradition that spans over 50 years. Part of that rich tradition includes the Duke of Verangua, Cristobal Colon, direct descendant of Columbus, granting the Columbus Day Cruising Regatta Club permission to fly the coat of arms of the original Columbus as a club emblem during the Columbus Day Regatta. And they have been doing so every year since 1960.

The Regatta is for sailboats but there are also motor boats who join the festivities. Especially the partying that has become synonymous with the Columbus Day Regatta. At Elliot Key, on the night of the race, there is always a party and it can get wild. As you can imagine there is sometimes some drinking and driving of motorboats.

And given all that partying that goes on during the Columbus Day Regatta it should come as no surprise that many are often injured during the Regatta.

Alcohol, partying and motor boats could be a lethal combination.

Three people were killed in boating accidents in 2002 and two college students died in a two-boat crash that severely injured seven others in 2006. In 2006, a rental boat had broken down, and was being towed. While it was being towed, it was struck, at a high rate of speed, by a 35 foot power boat. The collision caused the wrongful deaths of two of the boaters and many other were injured.

Tragedy has unfortunately occurred again at this year's Columbus Day Regatta. A 45 year old male fell off a yacht and was pulled under the vessel. He then got caught in the yacht's propellers. He died as a result of this fall.

When accidents do occur on the water with any kind of motorboats, yachts, Jet Skis, Wave Runners, sailboats, commercial vessels including tankers, freighters, cruise ships, and any other vessel or boat, maritime law applies. This is a specialized area of the law. For this type of case, you need a maritime lawyer who handles personal injuries.

Continue reading "Tragedy at the Columbus Day Regatta" »

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.

Visitors to South Florida hotels and resorts often take advantage of our warm weather by swimming in pools that may or may not have lifeguards. While certainly present for recreational purposes, swimmers and hotels must be aware of the inherent dangers involved when swimming. The following case highlights the need for safety measures when a resort or hotel welcomes guests to use its aquatic facilities.

Back in August 2008, a six year old girl drowned at a resort in Northern Virginia. Presently, the victim's father is pursuing a $24 million lawsuit and it is set for trial in late April. The victim was visiting the resort, a former quarry, with her parents and four siblings. After playing in the water for close to an hour, she stepped off a ledge into deep water and was unable to recover and swim to safety. According to investigative records, lifeguards did not see the girl near this dangerous area.

Since she was not seen by lifeguards, water went over her head, and she drowned. There were no lifeguards in the elevated stand at the time and several witnesses mentioned that the four lifeguards on duty were texting or talking on their cell phones.

This is just another illustration of how resorts often fail to take the appropriate measures to maintain their property to the detriment of those staying there and using their facilities. Our firm has handled plenty of cases where resorts and hotels have failed to properly maintain its premises resulting in serious injuries. Our firm has extensive experience handling these claims.

The attorney for the victim's daughter stated that the resort should have been on notice about the risks because a month before this incident another individual drowned at the park. An expert witness opined that if "vigilant, strategically positioned , and appropriately trained lifeguards [had] been on duty, they would have and should have prevented [the victim] from progressing to the deeper water with such a severe drop-off."

After the incident, police conducted a safety evaluation. They concluded that three lifeguard stands should be manned at all times. Also, they concluded that cell phones are a distraction and should never be used by on duty lifeguards.

Continue reading "Drowning at Resort Occurred Because the Resort Failed to Have Properly Trained and Positioned Lifeguards on Location and Allowed the Lifeguards to Send Text Messages While on Duty" »

Over the Labor Day holiday weekend a woman from Georgia vacationing in Clearwater Beach, Florida was severely injured in a parasailing accident. After crashing down into beach umbrellas and into a wooden post, she is still in critical condition.

The young woman was visiting Florida with her fiancee. They were on a tandem ride when suddenly the line broke and he was sent crashing into the water. Luckily, he only suffered minor cuts and bruises. However, the wind carried her onto the beach and slammed her into a fixed 4ft high volleyball pole at speeds up to 40 mph. While much is still unknown regarding the cause of the accident, investigators have uncovered that a rope attached to her harness was allowed to completely unravel.

Parasailing accidents in Florida is nothing new. In the past twenty years several people have either died or been severely injured in parasailing accidents. However, the St. Pete Times has reported that parasailing has long gone unregulated by the Florida legislature. The US Coast Guard also declines to intervene. Currently, parasailing companies adopt voluntary guidelines.

Accordingly, if you plan on parasailing, here are few questions you should ask: (1) How long have you been in business? (2) How long have your employees worked in parasailing? (3) Are your employees trained in a manner that ensures safety is a priority? (4) Have you adopted any safety guidelines? (5) How old is the equipment your using? (6) Have you had any accidents in the past?

Continue reading "Parasailing Accident: Tourist in Florida Injured" »

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 " »

Each year, nearly 300 children under the age of five drown in residential and public pools and spas. Other submersion incidents requiring medical attention, or hospitalization, number in the thousands, and many victims unfortunately experience permanent disability, including permanent brain damage.

Our personal injury attorneys continue to be concerned about the alarming rate of pool drownings, and other pool/spa related injuries, that occur way too frequently in Florida. Many other helpless victims are way too often injured in public swimming pools because many public swimming pools are too often deemed unsafe, dirty and dangerous.

According to the Miami Herald, from January 1 through July 23 of this year, five children under the age of five have drowned in Broward County and at least three more almost drowned. In Miami-Dade County, there have been at least three reported drownings of children under the age of five so far this year.

One of the biggest dangers in a public, or private, swimming pool, or spa, is the drain typically found on the bottom of the pool. Drains with broken, missing, or faulty covers can entrap hair, the body, limbs, and jewelry and clothing, or cause other mishap. The video found below illustrates this problem in greater detail.

In response to this growing issue, Congress passed the Virginia Graeme Baker Pool and Spa Safety Act, named after former Secretary of State James Baker's granddaughter, who became trapped in a hot-tub drain and drowned in 2002. This law set new standards for drain covers for public pools, spas, and hot tubs. The standards are optional for existing residential pools. However, all new equipment must meet the standards, so people repairing their pools or building new ones must install the new drain cover.

Of course, the best course of action to prevent these injuries from occurring is to ensure proper supervision of your children. The need for "arm length" supervision, of children, can't be stressed enough. Children should also wear life jackets while in a pool, and home owners should also place 4-foot high locked gates at home pools too.

Our firm has a proven track record representing clients in all areas of swimming pool related claims 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 "Pool and Spa Drownings & Prevention Efforts " »

A recent government report reveals that many public pools are dirty and dangerous. The report revealed that 1 in 8 public pools were shut down within the past two years because of dirty, and contaminated, water or other problems like missing safety equipment.

It should come as no surprise, but kiddie pools were found to be the dirtiest. The kiddie pools suffered from fecal matter and improper chlorination.

Fecal matter was found to be a common factor not only in kiddie pools, but also in fountains where children often play. But fecal matter is not the only problem the report reveals. Another problem is urine.

Urine contains nitrogen and eats up chlorine in the pool water, thereby depleting the supply of chlorine in the pool. And in 1 in 5 adults have admitted to peeing in public pools.

Sweat and suntan lotion also have the same effect on the chlorine. Therefore, the more people in a swimming pool that are unfortunately urinating, or that went into the swimming pool to cool off because they were hot, sweaty and lathered in suntan lotion, are all causing the chlorine supply in the swimming pool to be depleted. The depletion of the chlorine in the swimming pool is attributed to a rise in bacteria and germs that can cause one to get sick.

The Center for Disease Control and Prevention (CDC) reveals that there are approximately 15 to 20 outbreaks from stomach problems, and other ailments, yearly that are blamed on dirty pools. The CDC suggests that people with diarrhea should not swim, and everyone should avoid swallowing pool water.

The CDC study suggests that a quarter of the swimming pool related outbreaks are caused by bacteria, viruses, or parasites that should have been killed by proper pool treatment and chlorination. Reports of pool related illnesses have been on the upswing over the course of the past decade. It is unknown if these increased reports are due to heighten awareness of the problem, more testing, or the addition of more swimming pools across the country.

Our firm has a proven track record representing clients in all areas of swimming pool related claims 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 "Public Swimming Pools Deemed Unsafe, Dirty and Dangerous" »

Florida, and South Florida in particular, attracts thousands of visitors each and every year. Many of those visitors travel to Florida to take advantage of the many fine beaches, lakes, and pools found throughout our great state.

Often times, many hotels, or resorts, advertise that one can participate in certain recreational activities, such as parasailing, while staying on their premises and enjoying their pools, lakes and beaches. And if those activities are unsupervised, unregulated, or just operated in a negligent manner, it could often times lead to serious injuries.

It is therefore critical to consult with an experienced personal injury lawyer if you, or a loved one, are injured while visiting Florida.

In Florida, one who maintains a public resort is required to exercise all proper precautions, skill and care commensurate with the circumstances to put and maintain the place and every part thereof in a reasonable safe condition for the use to which it may rightly be devoted. E.H.P. Corp. v. Cousin, 654 So.2d 976 (Fla. 2nd DCA 1995). In other words, in Florida, if a resort specifically caters to the public at large for its swimming pools, beaches, or other water related recreational activities, then those facts may be sufficient to impose a duty onto the resort to provide for adequate compensation for the injured party.

Beaches, and large swimming pools, are often times a haven for recreational activities that are much too often unregulated by the State and unsupervised by the resort. While the resorts may attempt to distance themselves from these "independent" operators of recreational activities on their property, the resorts very own promotional materials, and advertisements, will often likely be used to demonstrate that the "independent" operator is really nothing more than the resort's agent. This will allow an experienced personal injury attorney to seek adequate compensation for the party that was injured as a result of the "independent" operator's negligence.

Continue reading "Injured Parasailing or Engaging in other Recreational Activities While Visiting a Florida Resort or Hotel" »