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" »

We previously brought to you news about a young boy who tragically lost is life while riding his bicycle at Disney World. We also brought you the unfortunate news about a young boy who tragically lost his life while visiting Disney, as well as another story regarding a crash with a Disney bus where several people were injured.

Well, it is happened again. Sadly, another individual has lost his life at the hands of a bus at a Walt Disney World Resort.

According to authorities, a 69-year-old tourist from Massachusetts stepped in front of a Disney bus traveling through a parking lot at the Port Orleans resort Sunday afternoon. The man later died at an area hospital.

The Florida Highway Patrol reports that there were passengers on the bus. Fortunately, none of the passengers were injured. Although the investigation is ongoing, FHP stated the elderly man was in the crosswalk and that the bus had the right of way. FHP's investigation into the young boy's death concluded the boy was responsible due to riding with deflated tires.

These incidents highlight the need to be careful and on the look out for obvious dangers while on vacation. We often forget about obvious dangers, such as a bus, while we are happily escaping our daily lives as we are away on vacation.

Here is a brief list of things we should all be mindful of while on vacation. Here's a quick summary of these helpful tips:

1. Follow pedestrian safety rules. Theme park and hotel parking lots are full of traffic. These parking lots often become chaotic because most of the drivers are confused tourists who are paying attention to their GPS devices rather than the road in front of them. Always use crosswalks and traffic lights on busy streets. Be patient and take the time to walk to crosswalks or a safe intersection. Make sure your children do the dame.

2. Drive defensively. Driving defensively is crucial because it allows you to avoid lost drivers and confused tourists.

3. Look out for theft. Don't leave your valuables in a parked stroller while on a ride or in a show. Take them with you or use a locker.

4. Be cautious in your hotel room. Beware of callers. Tourists are often victimized by callers who ask for a credit card number under the pretext of being a hotel employee. Keep your room locked at all times and be careful about answering your door.

Continue reading "Tourist Dies at Disney Resort After Being Struck by a Disney Bus" »

The estate of Douglas Howell, a former electrician who was electrocuted on resort property linked with Walt Disney World has filed suit against Disney entities and some of its partners.

This is yet another example of how certain establishments just don't take the time to set up appropriate safeguards to avoid these dangerous situations, especially when equipped with advance knowledge of the potential danger.

As for this case, Mr. Howell was 54 years old and working at a substation switch near the Walt Disney Swan and Dolphin Resort on November 5, 2008. He was working for Reedy Creek Energy Services, which is also named as a defendant in the lawsuit. The other defendants include Disney Photo Imaging, Walt Disney Parks and Resorts U.S., Inc., Tishman Hotels, and Starwood Hotels and Resorts. According to the complaint, Tishman and Starwood own, operate or manage the Swan.

Howell was at the substation with a team working on a planned upgrade of Reedy Creek's power distribution system. The work involved two substations next to the Swan Hotel.

According to the lawsuit, the operation could provide power to the Swan Hotel with just one substation with its power on. The lawsuit further claims that Reedy Creek Energy Services left the power on at the switch Howell was working on. The estate's lawyer claims that leaving this switch powered up or void of protection created a risk of electrocution to employees working in and around the switch itself.

Reedy Creek Improvement District is accused of failing to supervise, direct and control the upgrade work by failing to power down the substation and failing to ensure a safety barrier was in place for Howell.

Finally, the lawsuit alleges Walt Disney World Co. breached its duty to Howell by failing to warn of the existence of energized, unprotected electrical equipment of which did not know was present. Disney officials have yet to comment on the lawsuit.

Continue reading "Electrocuted Man's Family Files Wrongful Death Lawsuit Against Disney" »

Road accidents -- not terrorism, plane crashes or crime -- are the No. 1 killer of healthy Americans traveling abroad, a USA TODAY analysis of the past 7½ years of State Department data shows.

Car accidents unfortunately happen every day in our busy streets, and highways, both at home and while vacationing abroad. Car accidents are an extreme inconvenience and aggravation that always occur at the worst possible moment, especially when on vacation. But they are also often times the source of serious and significant life altering injury and even death.

Our attorneys used to work for the insurance companies. Now, they focus on representing the victims of car accidents in Miami, South Beach, South Florida, and beyond. Given the years our attorneys worked defending the insurance companies in car accident cases, they are uniquely prepared to ensure that the victims of car accidents receive just compensation for their injuries and property damage.

About 1,820 Americans, almost a third of all Americans who died of non-natural causes while abroad, have been reported killed in road accidents in foreign countries from Jan. 1, 2003, through June 2010. On average, one American traveler dies on a foreign road every 36 hours.

A lethal combination of killer roads, unsafe vehicles, dangerous driving and disoriented travelers are often among the many reason for many car accidents.

Continue reading "Car Accidents are a Top Killer for U.S. Tourists in Miami and Abroad" »

Walt Disney World usually only conjures positive emotions. Mickey Mouse and Disney resorts have provided families throughout the globe with a destination that guarantees wholesome family fun. Over the decades, countless parents have brought their young children to Disney parks and resorts and returned home with happy memories.

Unfortunately, the Brubaker family is not one of those countless families with happy memories of Walt Disney World after their 9 year-old child died in a collision with a Walt Disney World bus.

In April 2010, Brubaker was riding his bicycle in Disney's Fort Wilderness Resort and Campground. He was heading southbound on Big Pine Road wearing a safety helmet and riding on the sidewalk. At the same time, a Disney bus driven by David R. Rich was traveling in the same direction. After hitting the side of the bus, the child was pulled under the rear wheels of the bicycle and subsequently died.

Presently, the Orlando Sentinel is reporting that Brubaker's mother has filed a wrongful death suit against Walt Disney Parks, Resorts U.S., and the bus driver. A Florida Highway Patrol report, however, stated the accident was caused because Brubaker's bicycle was in an unsafe condition due to flat bicycle tire. Nevertheless, the lawsuit blames sidewalk conditions and Disney's bus system for the fatality.

According to the complaint, pedestrians must regularly step off the sidewalk and onto the roadway or an unpaved area to avoid other cyclists and pedestrians. Due to railings and steep gullies, resort visitors are prevented from stepping toward the interior of the park when trying to pass others. The complaint further states that as a result of these conditions "contact between a pedestrian and a bus or vehicle was reasonably foreseeable to occur and therefore cause serious injury or death to the pedestrian."

Continue reading "Accident at the Walt Disney World Resort Leads to Untimely Death of a Minor" »

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" »

Our firm was recently hired by the personal representative of an Estate of an individual that died as a result of a very unfortunate accident at a local resort. As a result, the Estate's personal representative of the deceased individual asked us what type of compensation the Estate is entitled to receive.

The answer to that question is actually found in Florida's Wrongful Death Act. That Act was drafted by Florida's legislature and can be found at Fla. Stat. § 768.16 through § 768.26.

Section 768.19 sets forth the right of action for wrongful death. Section 768.19 states as follows:

When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or water craft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured......

Who May Bring Action for Wrongful Death?

A cause of action for wrongful death "shall be brought by the decedent's personal representative." F.S. 768.20. To eliminate the possibility of a multiplicity of suits and a race to judgment, the personal representative of the decedent is the only party qualified to commence a wrongful death action in Florida. Williams v. Infinity Insurance Co., 745 So. 2d 573 (Fla. 5th DCA 1999). The criteria for establishing who may qualify as the personal representative are set forth in F.S. 733.301-733.305.

If the personal representative fails to qualify or in some way may be disqualified, any settlement with an improperly qualified personal representative may be set aside by the duly qualified personal representative. This could subject the defendant to two actions. Therefore, counsel should insist on a certified copy of the letters of administration or their equivalent. Such documentation exists in our case and has been provided to us by the Plaintiffs' counsel.

Who is Entitled to Recover Under Wrongful Death Act?

The Act limits recovery to "survivors", as that term is defined under the Act. Section 768.18(1) specifically defines the classes of persons who qualify as "survivors" and whom are, therefore, entitled to recover some or all of the damages set forth in Section 768.21. Survivors includes:

Continue reading "Wrongful Death Claims in Florida" »