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Articles Posted in Miami Beach Injury Lawyer

Miami Boating Accident Lawyer.jpgBoat accidents are nothing new in Miami. Sun, fun, inexperienced operators and alcohol all play a role in both recent and past boating tragedies. After such horrific events there is a public outcry for more law enforcement and tougher laws aimed to prevent more injuries and deaths. This is a normal and well intended reaction. However, flying under the radar from public scrutiny is an over 150-year-old Federal law that allows boat owners, or should it be said the boat owners’ insurance companies, the ability to limit the amount of money damages paid to the victims of the boat accidents to the post-loss value of the vessels. This law, known as the Limitation of Liability Act, can be devastating to an already overwhelming situation. Imagine a situation where a boat passenger who one minute was enjoying a holiday weekend and the next cannot walk or the children left parentless after the accident. This statute allows the boat owners to ask a Federal judge to limit the amount they must compensate these victims to a few thousand dollars or less.
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Miami Park Injury Lawyer.jpgThe Miami personal injury attorneys of Brais Brais Rusak have been retained by a college student who suffered a partially severed finger injury due to moving metal horse sculpture located at Kenneth M. Myers Bayside Park in Coconut Grove. Within the park, there are multiple kinetic steel animal sculptures created by Fredrick Prescott. What the average person does not know is the heads of these animal sculptures move. Perhaps on windy days the movement it is apparent. However, when it is not windy, the heavy steel heads do not often move creating traps for the unsuspecting. Such was the case with our client. He visited the park with his mother on a particularly non-windy day. New to Miami, neither he, nor his mother, was aware the heads of the sculptures moved. While posing for a picture with his hand resting on the horse sculpture, a puff of wind breezed over the park causing the head to move severing his finger.

Nowhere within Kenneth M. Myers Bayside Park are signs warning of the danger associated with the animal sculptures. Moreover, there are no signs telling people not to touch the sculptures. Indeed, the artist Fredrick Prescott has commended that his art is meant to be touched. Most alarming is our law firm learned there are prior injuries associated with the moving animal sculptures. So why, at a very minimum, has Miami not placed warning signs or cordoned off the sculptures to protect its citizens and visitors?

If you were, or know someone who was, injured by the Kenneth M. Myers Bayside Park animal sculptures, we like to hear from you to better assist our client. You may reach our lawyers by calling our toll free phone number or writing by clicking our contact link.

Suction Entrapment Death Law Firm.jpgThe resort injury lawyers of Brais Brais Rusak were successful in convincing a Federal court to apply Florida law to a death that occurred in the Bahamas. The case of John Van Hoy, Jr. is heartbreaking. John was on vacation with his fiancée Nicole at the Sandals Royal Bahamian Resort located Nassau. During his stay, he decided to refresh himself in one of the resort’s hot tubs. As he went under to wet his hair, he became entrapped on the bottom suction drain. Despite the efforts of many people, including other guests at the Sandals’ resort, John remained stuck on the bottom of the hot tub until he drowned. John died that night leaving behind two sons, his mother, father, siblings and Nicole. His death occurred because the hot tub was outfitted by a 12″ x 12″ flat drain cover, the motor / pump assembly were not equipped with a vacuum release system, there were no emergency shut off switch located around the hot tub and it is believed the pump room was locked delaying the shut off of the motor.

Florida Hot Tub Accident Lawyer.jpgBrais Brais Rusak were hired to represent John’s estate and family. The law firm filed a wrongful death action in Miami, Florida against multiple defendants including: (1) Sandals; (2) the drain cover and pump manufacturer Hayward; (3) the motor manufacturer A.O. Smith as well as the component part distributors Hospitality Purveyors and SCP Distributors. In an effort to significantly reduce the amount of any awardable damages to the Van Hoys, Sandals sought application of Bahamian law to the lawsuit. Under Bahamian law, survivors cannot seek damages for emotion pain and suffer for the death of their loved one and the estate cannot claim damages for any pre-death pain and suffering. As a result, the application of Bahamian law would reduce the Van Hoy’s claim to the amount of the wages John would likely earn in his lifetime and burial expenses. The issue was taken up by the Court in a pretrial motion. Brais Brais Rusak argued the United States, particularly Missouri and Florida, has a more significant relation to the case than the Bahamas and United States law should apply. The Court agreed with our legal analysis and issued an order applying Florida damages and liability law to the case.

This was Brais Brais Rusak’s second major victory in this case. Last year Sandals and other defendants attempted to dismiss the case in its entirety requesting the case to be tried in the Bahamas. This motion was denied and the case was allowed to proceed in Florida. You can read more about that decision in our article Judge Rules Sandals Resorts & Pool Component Manufacturers Must Stand Trial in Miami, Florida for Bahamas Entrapment Drowning Death.

Miami Boat Accident Law Firm.jpgA 45-foot boat hired by a group of friends began to take on water then capsize in Biscayne Bay just off the Miami Seaquarium Sunday afternoon. Reports reveal the group was coming back from a party spot when the boat started sink. According to the Florida Fish & Wildlife Commission spokesman Jorge Pino the boat may have been an illegal charter that transported people to and from a sandbar for $20 per person. There may not have been a Coast Guard licensed captain either. The sinking boat was observed by other boaters who rendered assistance helping to tow the vessel to the beach.

This mishap is yet another in a long string of boating accidents surrounding Columbus Day Weekend in Biscayne Bay. BBR has written extensively on boat accident liability surrounding the alcohol fueled Columbus Day festivities in Miami. See our article entitled Liabilities for Boating Under the Influence While Partying in Biscayne Bay on Columbus Day Weekend to learn more.

The W South Beach Injury Lawyers.jpgThe W South Beach Hotel located at 2201 Collins Avenue, Miami Beach, Florida is the subject of a lawsuit involving an alleged assault of a New Jersey tourist by prostitutes claimed to be “working” in the hotel. Court papers reveal that on January 19, 2013 Anna Burgese, while walking through The W South Beach lobby with her husband, was assaulted by an unknown number of prostitutes. Specifically the complaint reads Mrs. Burgese was “grabbed by behind and thrown with great force into a stone wall head first” then “tackled to the ground and struck by her assailant.” It is alleged that the prostitutes confused Mrs. Burgese as another prostitute who was capturing business at the hotel thus prompting the attack. As a result of the assault, she was taken to Mt. Sinai Hospital for treatment.

Legal Claims

The lawsuit sets forth various claims of premises liability negligence against the The W South Beach as well as a civil remedy claim for the commission of criminal acts. The lynchpin of the claims is the allegations that The W South Beach knowingly allows prostitutes to solicit guests on its property and in the past had instances where the prostitutes became violent towards guest and visitors.

Ritz-Carlton South Beach Miami Injury Lawyer.jpgA recent case form the Miami Division of the Southern District of Florida, addresses a hotel’s liability when a guest suffers a heart attack while working out in the hotel’s fitness room. Court papers reveal George De La Flor was a guest with his family at The Ritz-Carlton South Beach Hotel located in Miami Beach. Most unfortunately, he suffered a heart attack while exercising in the hotel’s fitness room. Exercising next to Mr. De La Flor was a surgeon who immediately came to his aid. Though a defibrillator was located on hotel property, none was in the fitness room. A nearby boy went in search for the defibrillator, but had to delay his search to call 911 as no one from the hotel alerted the Miami Beach paramedics. Without a defibrillator, the surgeon performed cardiopulmonary resuscitation (“CPR”) until the paramedics arrived. Mr. De La Flor survived the heart attack, but was left with permanent injuries.

The Legal Claims

Mr. De La Flor filed a lawsuit in Miami, Florida. The essence of his lawsuit is as a guest of the Ritz-Carlton South Beach, the hotel owed him the basic duty to ensure that in the event of a medical emergency it had the basic equipment necessary to assist him. Specifically, Mr. De La Flor argued the Ritz-Carlton South Beach breach its legal duty by failing to: (1) have a readily accessible defibrillator; (2) bring a defibrillator to the fitness room once it knew he was in danger; (3) call 911 within a reasonable time; (4) train its employees to timely deploy the defibrillator located onsite; and finally (5) escort Miami Beach Fire Rescue to him in an expeditious manner when they arrived on scene. The Court rejected all of Mr. De La Flor’s arguments.