Articles Posted in Resort Tort

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-Miami, FL – Ira Leesfield, a national leader in resort injuries recoveries and Chairman of the American Association for Justice Resort Torts Litigation Group, issued precautions to hotel guests and travelers– “Check out safety protocols online before you book or arrive.”  The Miami-based law firm of Leesfield & Partners, P.A. has represented families and estates in numerous carbon monoxide cases in hotels and public accommodations, resulting from improper ventilation and equipment failure, against resorts in Florida, the Bahamas and Caribbean, including gas leaks and injuries from Legionnaire’s disease. Leesfield recovered a multi-million dollar result for the Schulz family in a gas explosion case at a Caribbean resort.

Clip_resize“We now have pending serious cases from families impacted by Legionnaire’s disease because of negligent maintenance at the resorts, which accompany fatalities from carbon monoxide and gas poisoning,” says Ira Leesfield, Chair of the AAJ Resort Tort Litigation Group. Leesfield & Partners has a 46-year history of representing injured travelers from Europe and throughout the United States for resort and cruise ship based injuries. The firm serves as co-counsel to numerous out-of-state law firms in serious personal injury cases.

Ira Leesfield is Founder and Managing Partner of Leesfield & Partners with offices in Miami, Key West/Monroe County and Central Florida/Orlando. He is board certified by the National Board of Trial Advocates, focusing his practice on cases involving serious personal injury, wrongful death, resort torts, cruise ship and maritime litigation, motor vehicle accidents, product and premises liability, aviation, negligent security and medical malpractice. He served as President of the Florida Justice Association and The Melvin Belli Society. With more than 40 years of trial experience, he has advanced new practice areas and has been recognized as America’s leading advocate for the victims of resort torts.

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On Wednesday, a 17-hour search effort concluded after divers found the body of a  2-year-old boy who had been snatched by an alligator right in front of his dad.   The wild animal attacked Lane Graves who had been playing around in the water of the Seven Seas Lagoon at the Disney’s Grand Floridian Resort & Spa at around 9:15 p.m. on Tuesday night.

Catastrophic unavoidable accidents occur every day all across the country, but when someone or some entity’s negligence causes a catastrophe, it no longer is an accident, and it surely was avoidable.

What do we know about the Seven Seas Lagoon where the incident occurred?

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We all know that consumer products can be dangerous if used improperly. Everything from vacuum cleaners to jet skis have large, orange warning decals posted on them instructing users, “READ THE OWNER’S MANUAL PRIOR TO USE.” In the owner’s manual, users will find an extensive composition of warnings, diagrams, and instructions for the safe use of the product.

Owner’s manuals are often the focal point in product liability cases where it is alleged that a product is dangerous or the manufacturer failed to provide adequate warnings. In such cases, trial lawyers will introduce owner’s manuals to point out the adequacy or inadequacy of warnings and instructions.

Surprisingly, owner’s manuals are largely ignored by trial lawyers in personal injury cases involving presumptively safe consumer products. Our firm has handled many cases in which hotels, attractions, and tour operators have severely injured our clients by misusing OM.gifconsumer products. Parasailing ropes break, picture frame supports fail, beach umbrellas fly into guests, bungee cords snap, and the list goes on.

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Florida beaches and warm weather resorts throughout the Caribbean are packed with Spring breakers. We just returned from our annual Key West seminar navigating mopeds, bicycles, Hoverboards, skateboards, parasailers, jet skiers and the whole gamut of fun resort stuff. This week in Miami is the Ultra Music Festival, and Florida beaches, from the Panhandle to the Atlantic and Gulf Coast down to the Florida Keys are just mobbed.

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Tragically, we have already received a number of calls from students and the families of spring breakers on vacation reporting hazardous and dangerous conditions on the roads, in the water and at resort properties.

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Disney Century Pop Resort.jpgLast Sunday, 13-year-old Anthony Johnson was rescued by his family from drowning in a Disney Resort pool near Orlando, Florida. Yesterday, the Orange County Sheriff’s Office announced that Anthony had not survived and had been pronounced dead two days later.

Anthony, from Springfield, Missouri, was spending spring break vacation with his family in Central Florida. On Sunday evening, Anthony and friends were playing in the pool of Disney’s Pop Century Resort. Moments later, Anthony was found by his cousin at the bottom of the pool, in just 4 feet of water. Anthony’s father performed CPR until paramedics arrived on scene and took over the resuscitation efforts.

It is unclear at this time what may have cause Anthony to drown. Local news ABC15 reported that there were no lifeguards on duty at the time of the incident and signs “swim at your own risk” were posted. The Sheriff’s office investigation has just begun and could reveal some important elements of answers to explain the family who just lost their young son what may have caused him to drown.

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Ira Leesfield pushes for national attention as he appeared on Nancy Grace.

 
https://www.youtube.com/watch?v=dkMMPooQHhs
 
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The incredibly tragic event that occurred at the Orange Lake Resort on Wednesday could and should have been avoided. That is essentially what Orange County code enforcement officers confirmed after their on-site investigation of the miniature golf pond that took the life of Ashton Jojo.

mini+golf+electrocution.jpgAshton was playing miniature golf when her golf ball ended in one of the courses’ pond. She reached in to retrieve her ball that was submerged under a foot of water, and was electrically shocked as soon as she touched the water. A guest attempted to pull her out, but injured himself in the process. One of the witnesses began to perform CPR on the child. Ashton still had a pulse at that time, but once the EMS arrived and rushed her to Celebration Hospital, she stopped breathing and ultimately died.

The investigation quickly revealed that the pond’s electrical breakers were improperly installed or replaced. Allen Morton with the Orange County’s Division of Building Safety told media that for a water feature such as the pond in question, ground fault interrupter (GFI) breakers are required by code, but upon inspecting the wiring and the electrical pump, non-GFI breakers were used.
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An autopsy performed on the young Ashton Jojo, who died yesterday at a Central Florida resort, confirmed that the 11-year-old was fatally electrocuted.

As we reported earlier today, Ashton and her family were staying at a Kissimmee resort. Ashton was playing miniature gold, located on the premises of the resort, when she reached into a pond to retrieve her golf ball. As soon as she came in contact with the water, the young girl began to scream. Despite the aid of another guest, and a resort employee, Ashton could not be saved and she became unresponsive before EMS arrived on the scene.

pond.jpgToday, Orange County code enforcement officers inspected the site where the incident occurred and found numerous violations which would explain what happened. Among these violations, inspectors found that electrical breakers had been improperly replaced. According to Allen Morton of the Orange County Division of Building Safety. GFI breakers are also required for hot tubs and swimming pools.

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Ashton Jojo, an 11-year-old guest at an Orlando / Kissimmee Resort with her parents and young brother, died on Wednesday after she attempted to retrieve her golf ball from a pond while playing miniature golf.

As soon as the young Ashton reached inside the pond to get her golf ball, “she screamed as if she was in distress” said the Orange County Sheriff’s Office in a released statement. Christopher Burges, also a guest at the same resort, rushed to the rescue of the little girl when he heard the screaming, but as he grabbed the girl’s arm, he too became injured, and was unable to save her. Ashton was rushed to Celebration Hospital in Kissimmee where she later died.

Orange Lake Resort.jpgAshton’s family, from New York, was in Central Florida on vacation, where they celebrated Ashton’s eleventh’s birthday last Friday. Another witness to this tragic event told reporters that one of the Resort’s employees mentioned that the electricity to the pond may have had a “short”. By the time EMS arrived on the scene, the 11-year-old was not responding. The grandmother of one of Ashton’s friends spoke to reporters and said the girls asked her to go golfing with them, and she regrets saying no. “I wish to God that I would of gone because I might of made a difference and I’m going to have to live with that.”

The investigation is still ongoing and Deputies of the Orange County Sheriff’s Office have not confirmed the cause of death. If electrocution turns out to be what caused young Ashton’s death, this incident will be yet another resort tragedy that could have been avoided.

Resort tort incidents occur every year in Florida, whether in Orlando / Central Florida, or in Miami or the Florida Keys, in South Florida. Throughout the state of Florida, Leesfield & Partners have represented countless victims of acts of negligence attributed to resort employees. Recently, Thomas Scolaro settled a claim against a Time-Share / Central Florida Resort for injuries one of its guests sustained while she was using a jacuzzi. Due to some electrical malfunction, the suctioning system of the tub began to pump unexpectedly and caused catastrophic spinal damage to a healthy young woman.
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