Florida Personal Injury Blog - Property Owner's Liability (Slip & Fall)

Disney Replaces Crashed Monorail

Ed Normand — Fri, 06 Nov 2009 12:40:54 GMT

Recently, Disney announced that a “new” monorail train, named Teal, is now up and running at Walt Disney World in Orlando, Florida. The monorail at Disney received heightened media attention over the summer, as two trains were involved in a deadly crash which killed 21-year-old Disney employee Austin Wuennenberg. According to reports, Disney decided to use the undamaged, leftover parts from the two trains involved in the crash to build the new Teal train.

For my blog posting over the summer about the crash, please see Disney Accident.

Originally posted at InjuryBoard by Ed Normand

Injuries at Orlando Area Theme Parks: First Quarter 2009

Ed Normand — Fri, 11 Sep 2009 09:13:20 GMT

During the first three months of 2009, Orlando area theme parks reported seven injuries - with six of those injuries occurring at Disney theme parks or water parks. In exchange for reporting injuries requiring a hospital stay of longer than 24 hours, Florida theme parks are exempted from State ride-safety inspections.

The injuries are as follows:

At Florida’s second-busiest theme park, Universal Studios Orlando, a 68 year-old man’s left arm went numb after he rode E.T. Adventure, a ride that invites you to "[bring the kids and board your flying bikes as you soar across the stars to help E.T. save his home planet."

At Disney World’s Magic Kingdom, four injuries were reported during the first quarter of 2009. First, a 75 year-old woman felt light-headed and nauseous after riding Space Mountain, where guests are "blast[ed] off on a journey into outer space . . . [and] feel the wind race across [their] face . . .." Next, a 56 year-old man experienced chest pain after visiting the Haunted Mansion, a "spooky tour of an ominous haunted house." Third, a 46 year-old woman lost consciousness after riding Snow White’s Scary Adventures, which warns riders that they "may need an extra dose of courage" and to "get ready for a journey through dark and creepy surroundings." Lastly, a 40 year-old woman broke her left ankle after exiting Astro Orbiter, which "takes [g]uests of all ages for a flight aboard a rocket-like spaceship . . .."

There were two other reported injuries at Disney during the first quarter of 2009. The first was a 59 year-old man who had chest pain after riding Spaceship Earth at Epcot, "a 16-minute omnimover ride through time and space for Guests of all ages . . .." Finally, a 67 year-old woman suffered a cervical injury after crashing near the end of Toboggan Racers, a 250 foot "waterslide race" at Disney’s Blizzard Beach.

Notably, there were no reported injuries at either SeaWorld Orlando or Busch Gardens Tampa Bay during the quarter.

The major theme parks are exempt from all State and Federal ride injury reporting requirements. The incidents reported above are based on a voluntary agreement between Florida and the big theme parks to report certain ride related incidents meeting only certain criteria. Therefore, there may have been many other injuries that the theme parks chose not to report that could be of interest to consumers before deciding to participate in a certain attraction.

Originally posted at InjuryBoard by Ed Normand

Traveling this summer outside of the US? Be careful what you sign when you check in.

Gabrielle D'Alemberte — Tue, 21 Jul 2009 21:41:00 GMT

If you’ve ever been to an athletic event, you know that when two teams compete, often one is “home” and one is “away”. You prefer for your team to be home, not just because it makes it easier for you to get to the game, but also because it tends to increase the chances of victory. This is referred to as “home court advantage”. The home team has the advantage of higher attendance by fans, comfort and familiarity in the arena, and time to prepare for the traveling team’s arrival. To a certain extent, the same can be said for the current status of resort litigation. When you’re involved in any law suit, it is beneficial to be in your own state or country where you can easily travel, understand the system, and communicate with a local attorney who is familiar with local laws. This is particularly true of the United States legal court system.

However, if you travel and find yourself injured, it can now be difficult to get the home court advantage. Actually, it can be difficult to even bring a case at all.

Take a common vacation scenario for example. Many people choose to vacation at large Caribbean resorts. It's become almost an extension of Florida. As with most agreements, your reservation at a resort is considered a contract. As with all contracts, it’s important to read the fine print.

At the time of your reservation, you are asked to agree to the resort’s policies for booking and visiting, but when you’re traveling outside the U.S., it’s imperative that you be careful before signing your guest registration card. For example, the reservation request for a major resort in St. Lucia includes the clause that “all rates and conditions are subject to change without notice”.

While the above is considered a relatively common policy, contracts also include more serious conditions that may make it hard for you to protect your rights if you have an accident. Under the forum selection clause, if you choose to bring a law suit, many vacation destinations claim that you must do so in their country (outside the US). This implies more than just traveling back to a given island paradise for a court date. It also means that you must follow, not U.S. laws and procedures, but the other country’s. Sometimes, these laws prohibit contingency fee contracts (a good example is the Bahamas where contingency contracts are not allowed), and some require significant bonds to be posted in order to bring a personal injury claim. Many countries make it very complicated to bring personal injury suits in the first place.

In some instances the traveler does not even see this forum selection clause until they have already traveled thousand country. Other resorts, have reservation websites that when travel is booked, send s a link to their website, and somewhere buried in its multi-page website is a Terms and Condition section with language similar to the following (which was taken from the Atlantis Terms & Conditions section of their internet site):

During guest registration ... you will be asked to sign a form agreeing to the following terms related to any claims you may have as a result of your stay at the resort: "I agree that any claim I may have against Atlantis, Ocean Club, or any of their officers, directors, employees or related or affiliated companies,....... resulting from any events occurring in The Bahamas shall be governed by and construed in accordance with the laws of the Commonwealth of The Bahamas, and further, irrevocably agree to the Supreme Court of The Bahamas as the exclusive venue for any such proceedings whatsoever. The foregoing shall apply to all persons accompanying me, and I represent that I have the authority to sign this document on their behalf.

So why sign away your rights? Why not just avoid the issue altogether? If only it were so simple. The problem with the forum selection clause is that it is often not shown to travelers before they arrive at the destination. Once you are at the resort, you must agree to their terms in order to stay there. Therefore, unless you want to be stranded in paradise looking for a Super 8 Motel equivalent so you don’t have to pitch a tent on the beach, you’ll probably agree to sign what the resort asks you to sign. To avoid this kind of problem, find out the resort’s policies before you leave home. Find out if there is a forum selection clause, and if so, ask where the agreed forum is. If there are legal problems during your visit, this location will be the site of any necessary litigation.

If you are planning to travel, be careful that you know what you are signing. Actually, be careful because in some instances, you don't even have to sign- the person who checks you in obligates everyone within his/her travel group (see the last sentence in the forum selection clause from Atlantis). If you need help and want to be advised of your rights, consult an attorney who is familiar with forum selection and can help you understand the agreement you are making with the resort. It would be great not to have to worry about this because the likelihood of injury is so remote, but unfortunately accidents and injuries can happen to people while they are traveling. It would be a shame if someone was seriously injured because of a resort's negligence, but they couldn't recover simply because they had to litigate outside the US and they either couldn't afford the bond, couldn't find a contingency lawyer, or could not withstand the traveling back to the country where they were hurt.

Originally posted at InjuryBoard by Gabrielle D'Alemberte

Check Your Homeowner's Insurance Policy Before Getting That Trampoline

Sandy Grinnell — Mon, 15 Jun 2009 11:26:32 GMT

It looks like a lot of fun when you see kids bouncing around on a trampoline. But did you know they could be a huge liability? According to the website Insurance4USA, many insurance companies have a "trampoline exclusion."

Trampoline incidents are one of the leading causes of visits to the emergency room in the US. For this exact reason, many companies have placed “trampoline exclusions” in their policies to protect themselves from trampoline claims. This means if a homeowner has a trampoline and someone gets hurt on it, the company will not pay for damages. Thus opening up one’s personal assets to cover the damages or the legal defense costs associated with the claim. Companies with these exclusions don’t have a grandfather clause stating homes already with a trampoline are afforded the coverage. The exclusion applies across the board.

But with that tall net around the outside, they look pretty safe, right? The Consumer Products Safety Commission says that in 2001 there were close to 92,000 emergency room visits due to trampoline injuries, and most them of them occurred at private homes. 93% of the injuries involved children under the age of 15. With all trampoline exclusions, makes you wonder if any of them were covered by the homeowner's insurance policy.

So be forewarned, if you have a trampoline in your backyard, you may be in violation of your homeowner's policy. Even if they cover the first claim, that claim is likely to be your last as your insurance carrier may cancel your homeowner's insurance policy.

Originally posted at InjuryBoard by Sandy Grinnell

Three-Year-Old Dies In Lake City Pool As Swim Season Begins

Eddie Farah — Thu, 21 May 2009 18:29:42 GMT

A three-year-old child drowned Sunday afternoon, May 17, in a swimming pool in the back yard of a home in Lake City. He was scooped from the pool and taken to a local hospital where was pronounced dead. The Columbia County Sheriff’s office calls it a tragic accident.

We are sorry for the loss this family must be feeling now and forever.

And now with the Memorial Day holiday here, a federal report by theConsumer Product Safety Commission says nearly 300 children under the age of 5, drown in pools and spas each year. About 3,000 young children suffer injuries related to the pool or spa that require a trip to the emergency room.

Spas and pools are particularly treacherous for toddlers under the age of two, with the majority of drownings occurring in back yard pools and spas.

Florida’s Congresswoman, Debbie Wasserman Schultz, who has taken a lead in this issue, held a news conference with Safe Kids USA to urge home pool owners to check the fencing in place to keep youngsters from gaining access to pool areas. Self-closing, self-latching gates prevent kids from entering a pool area. Alarms alert an adult if someone enters the pool area or even the pool accidentally. Some kids even get out by a pet door- so consider that an area to watch.

Newer and safer drain covers prevent entrapment, where children are sucked into the drain with enough force that even and adult would have trouble breaking free.

Virginia Graeme Baker died that way, and it is for her that the Pool and Spa Safety Act has been funded this year. It requires all public pools and spas to have anti-entrapment drain covers and additional systems to prevent entrapment. The state departments of health are enforcing the law.

If you have any questions about what is required visit the CPSC web site www.PoolSafety.gov.

It doesn’t take but a minute for a child to slip out of sight and drown. Let’s have a summer in Florida without any more of these unfortunate reports. #

Originally posted at InjuryBoard by Eddie Farah

Should Businesses Have A Get Out Of Jail Free Card For Child Injuries?

Ed Normand — Thu, 19 Mar 2009 14:36:30 GMT

For many years businesses have required parents to sign forms before a child can participate in an activity. Usually the form-called a pre-injury release--is filled with legalese and the parents will not know what it is they signed until the child is hurt or dies. Then they realize that the form purports to release the business from all liability for death or injury to the child even when the injury results from the negligent or reckless conduct of the business. Further, the release works to free the insurance company for the business from any liability even though a premium was paid for liability insurance to protect and compensate the injured child in this very situation. Finally, the release is used to protect the business even when only one parent signs the release, and even when signed without the knowledge of or over the objection of the other parent.

Recently the Florida Supreme Court was asked to decide if a pre-injury release is valid to allow a business to escape all liability for its alleged negligent conduct that resulted in the death of a minor. The Court held that pre-injury releases are not valid as to minors involved in commercial activities. The Court astutely concluded that there is "injustice" to deny a child a right to legal accountability when the child is injured by the negligence of a commercial business just because one parent signed all rights away. It noted that pre-injury releases take away all incentive for businesses to use safety precautions. After all if a company can get out of responsibility by just having a parent sign a piece of paper that is a lot cheaper than training its employees or making sure the product or activity is safe to begin with. The Court carefully noted that the decision did not apply to non-commercial interests such as church or community groups, or school events.

Florida businesses, including the big theme parks, are lobbying hard right now to get the Florida Legislature to overrule the Supreme Court. They want a law that says one parent can sign away all rights of a child to recover from commercial for profit businesses even when the business is negligent or reckless and that negligence directly causes death or injury to a child. Florida legislators must decide if it makes sense to give a business a free ride to hurt our children and make a profit to boot.

It makes better sense to adopt a law that would that would make a pre-injury release valid as to injuries caused by the "inherent risk" of an activity. But if the child is injured from the negligent or reckless conduct of the business there would be no protection. An example is swimming with dolphins. If a dolphin knocks over a child, a business should not be responsible for that, however, if they drop a hot electrical wire into the tank and the child gets electrocuted then they would be liable. This is the compromise suggested by the Florida Justice Association. The theme parks are fighting this language. They and other businesses want absolute liability for all negligent and reckless conduct even when it directly injures or kills a child. They do not seem to consider that it will hurt Florida tourism if a child tourist is hurt or killed but, because of a signed paper full of legal mumbo jumbo, the business can hurt or kill a child with absolutely no recourse whatsoever. If the theme parks get their way, this will be a lesson soon learned by parents of residents and tourists alike. Is that how we really want Florida to treat our children and the children of our tourists that we invite to the State?

Originally posted at InjuryBoard by Ed Normand

Negligent Property Owners Sued For Death Of Young Man

Eddie Farah — Sat, 07 Mar 2009 23:06:00 GMT

James and Cheryl Creech would do anything to see their 22-year-old son again. Antonio Creech was visiting his sister at the Eureka Gardens Apartments in Jacksonville, two days before Christmas 2007, when he was shot and killed along with another man.

Now the couple has filed a negligence lawsuit against the property owner, Flagship Property Managers.

To be successful, they must prove that the place was dangerous. That won’t be difficult. There had been seven murders in seven months. Even with the violence, there was no security, no gates, no guard and not enough lighting. There are safer neighborhoods in Baghdad.

It is vital that landowners keep their property safe for tenants. The landlord must screen new tenants. They must warn new tenants about any potential security problems or criminal activities near the property.

A property owner with a problem on their hand, must establish securities policies and procedures and work with law enforcement or independent consultants to ensure the property is as safe as it can be. That certainly would include adequate lighting, gates and security patrols, and security systems including closed-circuit TV and alarm systems.

Antonio had never been in the trouble with the law. He loved playing football and played the trumpet in his high school band. James says about his wife, “I can’t do nothing for her but hold her.”

We wish the family the best as they try to get on with their lives. We are very sorry for the loss of a young man who had his whole life ahead of him. #

Originally posted at InjuryBoard by Eddie Farah

State Farm Plans Its Exit From Florida

Eddie Farah — Sat, 14 Feb 2009 22:32:17 GMT

State Farm is one step closer to pulling its property insurance policies out of the state. Florida’s Insurance Commissioner Kevin McCarty indicated the insurance giant should go and soon.

“We do not believe that they can maintain trustworthiness and fitness to continue to do business in Florida.”

This messy exit is due to State Farms’ claims that it is operating close to the red and cannot cover 1.2 million policies if a major hurricane were to hit the state. McCarty says State Farm Florida, the state’s property insurance division, must surrender its license to operate within 30 days.

As for the policy holders, State Farm will be required to help them find private policies and not to throw them into the Florida backed Citizens Insurance pool of last resort. At this point it’s uncertain if Citizens could even keep up with all of the policies it has if disaster was to strike.

However, State Farm wants to stay in Florida in the lucrative auto policy business which serves some 2.8 million customers.

As a final exit plan, State Farm Florida must pro-rate refunds to policyholders, according to McCarty. All of this is not yet a done deal.

State Farm can take the next three weeks to decide whether it can abide by these requirements or not, but it’s apparent that the state would like to get rid of State Farm as much as it wants to leave the state. #

Originally posted at InjuryBoard by Eddie Farah

Florida Insurance Commissioner Tells State Farm "NO"!

Eddie Farah — Wed, 14 Jan 2009 00:35:01 GMT

State Farm wanted to raise homeowner’s premiums to cover losses from hurricanes by more than 47 percent. Monday, the state insurance commissioner told the insurance giant “No!”

This is not the first time they’ve been turned down. State Farm appealed when Insurance Commissioner Kevin McCarty denied the increase initially. An administrative law judge also turned them down and sent the hike back to McCarty.

That was bad news for the state’s second largest property insurer, which about this time is thinking that Florida is not such a good bet, especially since hurricane season begins in June.

Look for State Farm to take an appeal to the 1^st District Court of Appeals for another decision.

The other option State Farm is considering is canceling the bulk of the 845,000 property policies in the state it holds.

No doubt, profits and investments for insurance giants were substantially reduced in the first nine months of 2008 to about $4 billion, compared to $50 billion during the first nine months of 2007.

The 92 percent drop was blamed on bad investments and catastrophic losses, according to the industry’s Insurance Services Office (ISO).

But in the American Association for Justice’s "Tricks of the Trade" report on Big Insurance reminds us it is a profit industry.

With assets totaling $3.8 trillion over the last ten years, the property casualty industry has averaged profits of over $30 billion a year. The life and health insurance industry another $30 billion annually. The CEOs of the Top Ten property casualty firms earned an average of nearly $9 million in 2007.

Americans are highly sensitive to bailouts for the "free market" campaigners who enjoyed record profits in their pockets when business was good, and have their hands out to consumers who can ill afford more cost now when business is bad.

Does the old adage about saving for a rainy day apply here?

Originally posted at InjuryBoard by Eddie Farah

Fall Injuires at Shopping Areas and Theme Parks

Ed Normand — Tue, 06 Jan 2009 14:49:00 GMT

Recently we have seen tourists and other shoppers falling and getting hurt because outlet malls and even theme parks are not complying with the law by properly maintaining their public stores and parking areas. Some of these injuries are very severe and involve complicated fractures and surgeries. The tragic part of it all is that the injuries could be prevented if the stores would just follow the Florida building codes and comply with normal safety standards. For example, the building codes prohibit cracks and ledges on walkways that create trip hazards. Yet many times we see holes and other obstructions in sidewalks and parking lots.

To add to the problem store owners deliberately draw the attention and eyes of shoppers away from the floor and up to the shelves where they sell their products. While there is nothing wrong with this marketing method, it does create an extra duty of care on the store to keep the floor clean and unobstructed so that distracted shoppers will not trip.

In some cases a shop will leave trip hazards like cords and rope on the floor and then blame the customer for looking at the shelves instead of the floor. It is important to watch out for yourself but if you do fall you must take actions to protect yourself after the fall. Take photos of the area, contact witnesses and get the witness name and number. Many times the store or theme park will not record the identifies of witnesses that do not help them. Finally, contactg a lawyer who can work with experts that know the building codes and can look for the presence of code violations that caused the fall.

Originally posted at InjuryBoard by Ed Normand