Articles Posted in Resort Injury Lawsuits

Miami-Finger-Injury-LawOur Miami personal injury attorneys are currently representing a college student who was severely injured when a kinetic horse sculpture’s head rotated down on his right middle finger pitching it between the sculpture’s head and neck.  On April 4, 2014, our client, his mother and cousin was visiting the Kenneth Meyers Park located in the Coconut Grove section of Miami.  It was the first time they visited the park.  Near the front of the park stood two brightly colored animal sculptures created by Fredrick Prescott.  One was of a giraffe and the other the horse.  Our client’s cousin, who is fond of giraffes, wanted to get closer have her photo taken with the sculpture.  Since there were no signs stating not to touch the sculptures or any barrier erected around the sculptures, the family thought it was safe to touch the sculptures who having their pictures taken.  While the cousin was interacting with the giraffe, our client’s mother suggested that he imitate petting the horse for a photograph.  As our client reached up and placed his hand on the bottom of the horse’s head, the head swung down pinching his middle finger against the horse’s neck.  The scissoring action of the horse’s head with the neck severed a portion of the young man’s right middle finger.

It was later discovered that the two animals were kinetic sculptures whose heads were designed to sway in the wind.  Unfortunately, on the day of the incident, there was no wind and the heads remained static until our client touched the underside of the horse’s head.  Given there was no warning signs or barriers, the family was unaware that the heads of the sculptures moved.

Our law firm brought a lawsuit against artist who designed and assembled the sculpture alleging he was negligent for failing to incorporate finger guards or at least providing labels on the sculptures warning people that parts move and to not touch the sculptures.  We also brought a lawsuit against the City of Miami alleging it was negligent for failing to place warning signs or barriers to access so that a reasonable person would know not to touch the sculpture.  The artist and City responded to the lawsuit denying their negligence and asserting, among other things, that they should not be held liable because the hazard was open and obvious.

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 switches located around the hot tub and it is believed the pump room was locked delaying the shut off of the motor.

Brais 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, saviors 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 finding both Florida law will apply to this 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.

Sandals Resorts Injury Lawyers .jpgThe resort injury attorneys of Brais Brais & Rusak have brought a lawsuit on behalf of a North Carolina man who nearly drowned while snorkeling on a Sandals Grande Antigua Resort excursion. While a guest on Sandals property, the man decided to participate in a snorkeling excursion offered as part of the all inclusive package. Court documents reveal the man alleges Sandals failed to provide proper instruction and rushed people aboard the excursion boat without checking whether the snorkeling equipment handed out was in good working order. While in the water, his mouthpiece failed and his lungs began to fill with liquid. In danger, the guest began to make his way back to the excursion boat. While attempting to swim to the boat he blacked out and began to drown. He was later revived by other guests who happened to be medical doctors.

Maryland Resort Injury Lawyer.gif[The resort injury lawyers](https://www.braislaw.com) of Brais & Brais filed a lawsuit against Beaches Resorts in Miami, Florida for negligent plumbing which severely burned a Maryland woman while honeymooning. The couple purchased a wedding package for the Beaches Sandy Bay Resort. Court documents read upon arriving at the resort, the couple noticed the water from their room’s bathroom fixtures was extremely hot and notified the resort of the problem. Later on, Beaches personnel informed the couple the problem was resolved and they could continue using the bathroom fixtures. The wife, relying on Beaches’ representation, utilized the room’s bidet. The problem was not fixed and she severely burned herself. The lawsuit alleges that later investigation revealed that Beaches’ “fix” was to shut off the cold water value so when the bidet was used only the super heated water flowed from the faucet. Beaches is a subsidiary of Sandals Resorts International.