Florida Injury Lawyer Blawg
At least five people were taken to the hospital Saturday after strong winds took down a cabana at the Daer Nightclub at the Seminole Hard Rock Hotel & Casino, according to reporting from ABC News.
The incident occurred around 7 p.m. when a “gazebo-like” structure was suddenly blown into the crowd by the wind, falling on top of or near five people. That portion of the nightclub was allegedly closed while emergency responders addressed injuries.
At the time, the area was under a significant weather advisory with forecasters warning of wind gusts between 40 and 50 mph, according to reporting from The Miami Herald. Historical data published by the National Weather Service shows 25 mph northwest winds with gusts of about 40 mph just before the incident.
A video of the aftermath of the incident published by ABC News shows bystanders rushing to grab the cabana frame from off of the people who were hurt. Authorities told reporters that everyone involved “are all expected to be OK.”
Additional information was not immediately available.
While bizarre incidents like this are rare, they underscore the importance of properly securing temporary structures and maintaining safe conditions for guests. Under Florida premises liability principles, property owners and operators must take reasonable steps to address foreseeable risks on the premises.
While no investigation findings have been made publicly available, if it is determined that safety protocols were not followed, then a claim could be made to ensure that all responsible parties are held accountable. This is to account for any damages that were suffered by guests and to help prevent similar incidents from occurring in the future.
Leesfield & Partners
Leesfield & Partners is a personal injury law firm with five decades of experience representing men, women, and children in some of the most horrific accidents that have occurred throughout the state. From egregious incidents of medical neglect to negligent security and
In a similar case, Leesfield & Partners previously represented a man who suffered a concussion and horrific eye injury after he was hit by a wayward umbrella. In that case, our client was sitting down at a table on a Florida hotel’s patio when the umbrella, which was not properly secured down, flew from a nearby table and smacked him in the left eye and temple. He was immediately rendered unconscious from the impact and his left eye was sliced open by the umbrella’s pole.
Today, he is left with a grisly scar and regularly suffers headaches and episodes of post-concussive syndrome.
Premises Liability
Under premises liability, a legal principle that holds property owners and management companies responsible for harm to patrons, these entities owe a duty of care to maintain a safe premises. Likewise, if an issue arises, it is the duty of the property owner and/or management company to address and fix any hazard in a timely manner.
For example, if a crowded bar on Miami Beach fails to provide adequate security or properly control the number of patrons inside, and an incident occurs that causes the crowd to panic and rush, resulting in injury, the injured person may have grounds to file a premises liability claim.
In such cases, it is the bar’s legal responsibility to ensure sufficient security measures and crowd management to protect guests from foreseeable harm. In this scenario, it would be the bar’s responsibility to anticipate the risk of overcrowding and hire sufficient security or implement crowd-control measures to prevent harm.
Previous Premises Liability Cases
Previously, Leesfield & Partners obtained a $7 million settlement for a 35-year-old client who suffered a tragic spinal cord injury that left him paralyzed from the shins down. In this case, our client was visiting a friend’s apartment when he fell from the second-story balcony due to a faulty railing. The railing was an issue that was well-known to the building’s landlord who ignored multiple complaints from tenants, regularly violated building code and failed to hire a licensed contractor.
The result in this case was $6 million over the apartment building’s $1 million liability insurance policy.
A confidential settlement was obtained for college students who were exposed to carbon monoxide as they slept in campus housing. The settlement came about after a Leesfield & Partners investigation found that the house showed over 200 parts per million of carbon monoxide. The readings were taken after the house had already been ventilated by first responders and after the gas had been shut off, showing that our clients were likely exposed to a greater ppm reading.
In this case, the cause of the leak was identified as a faulty exhaust pipe in house’s gas furnace.
In another case involving paralysis following an incident in a premises liability case, the firm obtained over $5 million for an injured client.
The firm previously obtained a confidential settlement on behalf of the grieving family of a mother and her two children. The three died after becoming trapped in an electrical fire caused by a faulty outlet at their rental home. The mother had previously notified the landlord that she could not open the windows, and nothing was done to rectify the issue. When the fire broke out, the family had no way to escape and tragically perished.
For a couple celebrating their honeymoon, what was meant to be the start of their happy life together soon became a nightmare after an improperly capped pipe caused an explosion at their accommodation. Both were severely burned and, tragically, the wife passed away from her injuries.
The firm secured a multi-million-dollar for the husband in that case.
Partner Justin B. Shapiro obtained a $1.8 million result for a man who shattered his hip at a Florida vacation rental.
A tragic premises liability case involving a wrongful death at a treatment center, Leesfield & Partners obtained $1 million for the grieving family.
A case involving our client’s fall at a hotel was resolved with a $1 million recovery amount.
The firm obtained a $900,000 recovery amount for a client involved in a premises liability accident who sustained brain damage.
In a slip and fall at a fast-food restaurant, the firm recovered $799,000 for an injured client.
Trial Attorney Evan Robinson secured a $350,00 settlement for a woman who shattered her hip at a popular Florida tourist attraction.
In a separate premises liability case, Mr. Robinsons obtained $350,000 for a client who fell down a non-code-compliant staircase at a rental property.
Another premises liability case was settled for $300,000 by Mr. Shapiro and Mr. Robinson for a client who fell in the bathroom at a Florida resort, significantly injuring his wrist.
A confidential amount was secured by Trial Attorney Bernardo Pimentel II for a boy who suffered serious and painful injuries after a car slammed through the storefront of a chain convenience store. In that case, the child was standing in line at the register with his mother when the horrific crash occurred. Shockingly, the store lacked concrete bollards that could have prevented the accident — despite similar incidents having occurred at several of the company’s other locations. Compounding matters, merchandise was stacked against the front windows, obstructing the view and preventing anyone inside from seeing the vehicle as it barreled toward the store.
Ongoing Premises Liability Cases
Ira Leesfield, the firm’s Founder and Managing Partner, and Mr. Pimentel are representing a grandmother and school bus driver who suffered an excruciating injury on an international cruise ship. The 64-year-old woman fell on a cruise ship deck that was slick with water and was later diagnosed with a spiral fracture of her left femur. The injury required surgical repair and 50 staples when she returned to the U.S.
Before that, however, she was evacuated from the ship and sent to a rundown hospital in a country where she did not speak the language. Once there, she spent over 24 hours in a windowless, cinderblock room with no food, very little water, and no way to use the restroom. Medical staff on the premises did not check on her for hours and she was given nothing more than liquid Tylenol for the agonizing pain.
“This cruise line failed our client from the moment it neglected to address the hazardous condition that caused her fall,” Mr. Pimentel said. “From that point forward, she endured unnecessary and unacceptable suffering while already in pain. We intend to pursue justice for her to the fullest extent of the law.”
Mr. Shapiro and Trial Attorney Eric Shane are representing the family of a toddler who tragically drowned at a Central Florida Airbnb.
The firm is representing a woman who suffered severe neck and spinal injuries after the hammock at a resort in the Florida Keys suddenly flipped her, forcing her to land on her neck.
That case is being handled by Mr. Shapiro and Mr. Robinson.
Mr. Shane is representing a woman in her 60s who suffered a severe ankle fracture while participating in a Florida obstacle course activity. When swinging from a rope over a muddy ditch with no visibility as to what lay underneath, she landed on a rock that event organizers failed to remove from the path.
