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Southwest Florida Premises Liability Law Blog

Cruise Ship Accidents

Many people travel on cruises, but most never read the small print on the back of the cruise ticket. Should passengers become injured aboard the cruise vessel, the back of the ticket states which venue will be in control of claims. Tickets may state the laws of certain jurisdictions, usually San Francisco, Los Angeles or Miami will govern any negligence case. These laws require that the victim provide defendants with notice within a certain period. Often this period can be as short as six months after the injury. Courts typically uphold these ticket adhesion clauses despite the fact that the small print goes unread by so many. The policy behind these rulings is to prevent plaintiffs from filing suit in different forums, thereby saving the cruise lines much money in litigation costs. Therefore, if you are injured during a cruise, it is very important to know your rights and contact an attorney immediately.

Cruise ship accidents include:

  • Onboard slip and fall
  • Assault by other passengers or crew members
  • Swimming pool accidents
  • Food poisoning and other sicknesses
  • Medical negligence
  • Mishap with another vessel or during docking maneuvers

Cruise vacations should be relaxing, but dangerous conditions onboard can cause personal injury or death to passengers. Cruise ship operators and cruise ship companies may be held responsible for negligent premises liability and breach of contract. Injured passengers may be eligible to recover compensation for medical costs, lost wages, and pain and suffering due to any type of accident aboard a cruise ship. While many aspects of general maritime law can be applied to cruise ship matters, there are unique laws that apply only to cruise ships. It is important to note that cruise lines can designate the only location where they can be sued and shorten the statute of limitations. 

If you are a victim of a cruise ship accident, carefully read the regulations printed on the back of your ticket. Keep the ticket for your reference and contact an attorney to discuss your rights.

Swimming Pool Safety and Liability

There are alot of pool owners throughout Southwest Florida and in your own neighborhood.  If you own a pool, you have a legal duty to make sure the pool is safely maintained.  In the event of an accident, pool owners may be liable.  However, the amount of liablity the owner has depends on the maintenance of the pool and thier relationship with the injured swimmer.  Here is a short list of the most common causes of pool accidents.  This list may serve as a good reference for making sure you are maintaining your pool properly, as well as managing your guests in an effort to prevent any serious or deadly accidents.

  • Inadequate fencing around the pool
  • Inadequate supervision, especially of young children
  • Overcrowding in the pool
  • Poorly maintained or slippery surfaces around the pool
  • Faulty drain enclosures
  • Poorly maintained diving boards
  • Alcohol or drug impairment

As for the liability as it pertains to your relationship with the injured party, there are three major categories: Invitee, Licensee, and Trespasser.  An Invitee is a guest, a Licensee is a contractor, and a Trespasser is an uninvited guest who uses your pool without your permission or knowledge.  In the case of an Invitee or a Licensee you do have a high degree of liability.  However, if your pool is properly maintained with the proper fencing, you have much less liability, or sometimes no liability, to the Trespasser.

Be sure to follow your local safety regulations to minimize and avoid liability in the event of accidents.  Know your rights regardless of which side of the accident you are on regarding private pools.

Amusement Park Safety

Amusement parks can provide fun, entertainment and excitement for the entire family.  However, accidents may occur that cause injuries and sometimes even death.  Accidents that occur at amusement parks may be caused by malfunctions with electrical or mechanical parts.  Other accidents are caused by the riders themselves.

Rides at amusement parks are heavy, often complicated, machines that can provide threats to riders because of their size and weight alone.  It is important that riders take safety precautions stated by the parks very seriously.  Rides have quick drops or turns, accelerations and sudden stops that can cause neck or back injuries.  Most accidents that occur at parks are from impacts or body strains that are caused by the natural force of the rider rather than malfunction.

This is an important fact to keep in mind before we let our smaller children get on rides they may be too little for.  If your child has to tip toe to reach the height requirement, then they should not get on the ride.  It is important to make sure your child knows and understands what the ride is going to do ahead of time.  It is recommended that parents take the time to watch the rides with their children to make sure they feel confident about the upcoming experience.  If your child seems afraid of the ride, they should not be allowed to ride it.

Also, remember the obvious; world renowned theme parks should be a much safer environment than local fairs.  While accidents at these parks are more publicized, most accidents take place at smaller venues throughout our country.  Therefore, if you don't trust the guy who just handed you an elephant ear, be aware that he is probably the same guy who was responsible for securing the seat that your child could be sitting in.  

There are many websites available to consumers to get information about amusement parks around the country.  If you are involved in an accident while at an amusement park, make sure you know your rights.

Injuries on Playgrounds

According to The Center for Disease Control (www.cdc.gov), over 200,000 children ages 14 and younger are treated for inujuries sustained on playgrounds in the United States.  Because of our year round sub-tropical weather our kids spend more time on playgrounds more than children on other states, increasing the opportunity to injure themselves.

The CDC shows that 45% of accidents involve severe fractures, internal injuries, concussions, dislocations and amputations.  Statistics show that 75% of the accidents occur on school, day care, and other playgrounds and that children ages 5-9 are most likely to land in an emergency room.  Most children have been injured on climbers on public playgrounds and by swings on home playgrounds.

As a parent, what should you do to prevent an injury to your child? According to www.kidshealth.org, you should check your child's clothing.  Make sure that clothes are well-fitting with no loose cuffs, strings, or belts that can get caught in equipment.  Children sometimes play on equipment that is too big for them or made for older children.  Make sure your child is playing on age appropriate playground equipment.

Kids are going to fall at times.  Take note of the playground's surface.  Is it absorbing like recycled rubber or non-absorbing bare dirt or asphalt?  Although not statistically proven, it is believed that many accidents could be prevented by simply providing closer supervision.  Keep a close eye on your kids and make play time fun and safe.

After a Slip and Fall Accident: Documenting Your Injuries

After you have been involved in a slip and fall accident, be sure to seek medical attention immediately. Once you have been examined by a medical professional ask for a copy of the medical report that documents your injuries.

In addition to the medical report, you should also document as much of the following as possible.  It is important that you continue to journal the following:

- How did the injury occur?

- Where did the injury occur?

- Date and time of accident

- How have your injuries affected your day to day activities? household duties? social activities?

- How have your injuries affected your sleep? relationships? emotional well being?

Be sure that you contact an attorney immediately so that the investigation can begin.  Many times the site of the accident is changed rapidly so you want to ensure that a site investigation happens as soon after the accident as possible to record what can be critical evidence for your case.  When you are injured on someone else's property, you may be entitled to compensation for your medical bills, lost wages and decline of your quality of life to name a few.  It is important that you contact an attorney who has experience with slip and fall injury cases.

Slip and Fall on Construction Site?

Whether you are a contractor or a passer by, if you or a loved one has been injured in a slip and fall accident you should seek medical attention immediately and contact an attorney.  Construction sites are full of hazards some of which are obvious and others not.  Some of those hazards include:

A sidewalk may be partially removed

New wet pavement 

Electrical Wires

Falling debris

Unstable ladders

Scattered tools and equipment

When under construction, the hazards of a property, road, or sidewalk are everchanging and may appear as well as dissapear from day to day.  Hazards should always be clearly labeled by the sites owners and contractors.  If they are not and you have been injured as a result, you may be entitled to compensation for your injuries. Contact an attorney immediately to find out if you have a claim.

Can A College Be Held Liable for Attacks On Campus?

It is that time of year when students are returning to campus.  As a parent you want to feel confident that your child is protected while they are away at school getting the education they are working hard for.  

If a student is attacked while on their school property they may have a negligence action against the school.  In the event that students are not being protected of their own safety due to insufficient security and protection from visitors and other students,  the college or university may be held liable in court.

Adequate campus security must be provided and individuals who are not supposed to be on campus should not be allowed to loiter and should be kept away.  When an attack occurs and a claim is filed, the court will gather information such as if similar attacks have occured in the same area.  Security will be investigated to find out what security measures have been taken to avoid loiterers and attacks as well as if they are deemed insufficient.

If your child or someone you know has been the victim of a campus attack it should be reported immediately and medical attention sought as soon as possible.

Carbon Monoxide Poisoning

According to the American Medial Association, carbon monoxide poisoning is the greatest cause of accidental death in our country.  Many people do not even know that they are infected due to the common, flu-like symptoms that are associated with it. 

As a landlord and business owner, it is your resposibility to have your buildings tested for levels of carbon monoxide.  You should have routine testing performed, install carbon monoxide detectors and make sure that you abide by building codes when installing furnaces and hot water heaters to name only a few.

If you feel that you or a loved one has been a victim of carbon monoxide poisoning as a result of the negligence of a business, property owner or builde,r it is best to seek immediate medical treatment as well as to contact an attorney. 

Carbon monoxide poisoning is to be taken very seriously as it has been the cause of death for many individuals who have been exposed to high levels.

If You Fall Shopping....

The most important thing you should do if you fall shopping is obtaining immediate and appropriate health care.  Many stores are trained not to call for fire rescue for injured customers as it might indicate that a more serious injury has been sustained.

Plaintiffs are questioned and criticized by the fact that fire rescue did not come or that immediate care was not their number one concern.  If you are unsure as to whether or not you are ok in any way, you should seek medical care immediately.  The best decision is to call an ambulance as to not risk any further harm to yourself.  You should not worry about the cost of your medical treatments or how long you will have to remain the waiting room and the hospital. 

Your health and well being are most important.  Be candid about your injuries and medical history.  Failure to do so can make you the subject of criticism in the courtroom.  Also be sure to ask for a copy of the surveillance camera when available to be provided in your slip and fall claim.

Florida's Dog Bite Laws

Florida's laws impose strict liability on dog owners for injuries suffered in public places and in or on private property when the vicitm is lawfully there.

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