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Traveling this summer outside of the US? Be careful what you sign when you check in.

Gabrielle D'Alemberte — Tue, 21 Jul 2009 21:41:00 GMT

If you’ve ever been to an athletic event, you know that when two teams compete, often one is “home” and one is “away”. You prefer for your team to be home, not just because it makes it easier for you to get to the game, but also because it tends to increase the chances of victory. This is referred to as “home court advantage”. The home team has the advantage of higher attendance by fans, comfort and familiarity in the arena, and time to prepare for the traveling team’s arrival. To a certain extent, the same can be said for the current status of resort litigation. When you’re involved in any law suit, it is beneficial to be in your own state or country where you can easily travel, understand the system, and communicate with a local attorney who is familiar with local laws. This is particularly true of the United States legal court system.

However, if you travel and find yourself injured, it can now be difficult to get the home court advantage. Actually, it can be difficult to even bring a case at all.

Take a common vacation scenario for example. Many people choose to vacation at large Caribbean resorts. It's become almost an extension of Florida. As with most agreements, your reservation at a resort is considered a contract. As with all contracts, it’s important to read the fine print.

At the time of your reservation, you are asked to agree to the resort’s policies for booking and visiting, but when you’re traveling outside the U.S., it’s imperative that you be careful before signing your guest registration card. For example, the reservation request for a major resort in St. Lucia includes the clause that “all rates and conditions are subject to change without notice”.

While the above is considered a relatively common policy, contracts also include more serious conditions that may make it hard for you to protect your rights if you have an accident. Under the forum selection clause, if you choose to bring a law suit, many vacation destinations claim that you must do so in their country (outside the US). This implies more than just traveling back to a given island paradise for a court date. It also means that you must follow, not U.S. laws and procedures, but the other country’s. Sometimes, these laws prohibit contingency fee contracts (a good example is the Bahamas where contingency contracts are not allowed), and some require significant bonds to be posted in order to bring a personal injury claim. Many countries make it very complicated to bring personal injury suits in the first place.

In some instances the traveler does not even see this forum selection clause until they have already traveled thousand country. Other resorts, have reservation websites that when travel is booked, send s a link to their website, and somewhere buried in its multi-page website is a Terms and Condition section with language similar to the following (which was taken from the Atlantis Terms & Conditions section of their internet site):

During guest registration ... you will be asked to sign a form agreeing to the following terms related to any claims you may have as a result of your stay at the resort: "I agree that any claim I may have against Atlantis, Ocean Club, or any of their officers, directors, employees or related or affiliated companies,....... resulting from any events occurring in The Bahamas shall be governed by and construed in accordance with the laws of the Commonwealth of The Bahamas, and further, irrevocably agree to the Supreme Court of The Bahamas as the exclusive venue for any such proceedings whatsoever. The foregoing shall apply to all persons accompanying me, and I represent that I have the authority to sign this document on their behalf.

So why sign away your rights? Why not just avoid the issue altogether? If only it were so simple. The problem with the forum selection clause is that it is often not shown to travelers before they arrive at the destination. Once you are at the resort, you must agree to their terms in order to stay there. Therefore, unless you want to be stranded in paradise looking for a Super 8 Motel equivalent so you don’t have to pitch a tent on the beach, you’ll probably agree to sign what the resort asks you to sign. To avoid this kind of problem, find out the resort’s policies before you leave home. Find out if there is a forum selection clause, and if so, ask where the agreed forum is. If there are legal problems during your visit, this location will be the site of any necessary litigation.

If you are planning to travel, be careful that you know what you are signing. Actually, be careful because in some instances, you don't even have to sign- the person who checks you in obligates everyone within his/her travel group (see the last sentence in the forum selection clause from Atlantis). If you need help and want to be advised of your rights, consult an attorney who is familiar with forum selection and can help you understand the agreement you are making with the resort. It would be great not to have to worry about this because the likelihood of injury is so remote, but unfortunately accidents and injuries can happen to people while they are traveling. It would be a shame if someone was seriously injured because of a resort's negligence, but they couldn't recover simply because they had to litigate outside the US and they either couldn't afford the bond, couldn't find a contingency lawyer, or could not withstand the traveling back to the country where they were hurt.

Originally posted at InjuryBoard by Gabrielle D'Alemberte

Pool Season is Here, Now is the Time to Prevent Pool Accidents

Staff Writer — Sat, 02 Jun 2007 08:01:14 GMT

Memorial Day weekend officially kicks off the summer pool season and it is important to keep yourself and loved ones safe. Drowning is the leading cause of death for young children in Florida and many other states. Thousands of children have died or suffered serious brain damage because of defective drains in pools.

The Haggard Law Firm has developed a national and international niche representing people injured or killed as a result of dangerous swimming pool drains and negligent supervision and maintenance of pool safety barriers.

Attorney Michael A. Haggard is responsible for a $100 million verdict in the case of a toddler who nearly drowned in her apartment complex pool because she gained access to the pool area through a broken pool gate and a $104 million verdict in a case where a boy got trapped underwater by the suction of a defective and unsafe pool pump. To date, both verdicts are considered to be two the largest single personal injury jury verdicts awarded in Florida's history.

He has also lobbied the Florida Legislature to pass a bill mandating that that the Florida Department of Health be responsible for checking the installation and maintenance of pool gates and barriers at all public and commercial swimming pools. This bill would further require that all commercial pools (including apartment pools) have self-closing and self-latching pool fences and gates. The bill was sponsored by Senator Debbie Wasserman-Schultz (D-Weston). Though the bill did not pass in the 2003 and 2004 legislative session, Haggard lobbied for it again in the 2005 Legislative Session but again it did not pass. Haggard will continue to strive to get the bill into law and once passed into law, the bill will be known as LOREN'S LAW.

Originally posted at InjuryBoard by Staff Writer

Four Negligent Security Lawsuits Filed Against Blue Lakes Villas

Staff Writer — Fri, 01 Jun 2007 11:54:50 GMT

The families of four victims filed negligent security lawsuits against the owners of the Blue Lakes Villas apartment complex yesterday.

15-year-old Rashad Bosfield was assaulted on January 15, 2007 and died after being shot in a corridor between apartments at the Blue Lakes Villas Complex. Rashad dreamed of becoming a firefighter and enjoyed helping people.

Less than one month later 30-year-old Walter Jackson was also fatally wounded by a gunshot on February 8, 2007 and found dead in front of the same apartment complex. Walter was parent to a 10-year-old daughter and 12-year-old son and worked two jobs (one at a local barber shop and also part-time selling sneakers) so that he could provide for them.

On April 6, 2007, within a time span of two months, 19-year-old Sheila Nieves and her 20-year-old boyfriend Jesse Reyes were shot while innocently sitting in their car in the parking lot of the Blue Lakes Villas apartments. The attacker approached the car as Mr. Reyes was on the phone and shot them point blank. Ms. Nieves suffered a gunshot to the head and died as a result of her injuries. Mr. Reyes was critically wounded by a shot to the head, but survived the attack and has since identified the assailant as Jason Stone. Stone has since been arrested and charged with murder and attempted murder. Stone's girlfriend Lashonda Wilson has also been charged as an accessory to the crime.

Like many apartment complexes across South Florida there are no security guards or perimeter fences at Blue Lakes, and residents say what lights are they never seem to work.
The law firm representing the plaintiffs in the Blue Lakes Villas suits earlier this month won a $2 million settlement for a family of University of Miami football star Bryan Patta was shot and killed at his apartment complex in Kendall.

The Haggard Law Firm understands that crime is at the forefront of national and local media, and it is unfortunate that the behavior of landlords at such apartment complexes must be corrected through civil lawsuits. By filing these lawsuits today, The Haggard Law Firm is taking action to ensure that the community at large is protected.

Originally posted at InjuryBoard by Staff Writer

Landlords Take Initiative to Prevent Crime

Staff Writer — Fri, 25 May 2007 10:00:01 GMT

Small towns and villages to taking the necessary steps to ensure the safety of its citizens by requiring landlords to attend a mandatory crime seminar.

The Crime Free Housing Program is designed to help residents, owners and managers of rental property keep drugs and other illegal activity off their property.
Under the program, all landlords, not only of multi-family rental units but single-family as well, are required to obtain a residential operator's license, which costs $40 per rental unit or $75, whichever is greater.
In addition, the ordinance requires the use of a crime-free lease addendum or similar wording in the body of the lease that makes criminal activity a cause for eviction.
Also, a landlord could face suspension or revocation of his license, if he fails to attempt to resolve problems on his property.

The Haggard Law Firm has represented many victims of negligent security that took place in shopping malls, hotels and apartment complexes. Not only does a firm have a responsibility to the client, but the community as well and believes that preventative measures such as crime seminars go a long way to protect the public at large.

Originally posted at InjuryBoard by Staff Writer

Family Awarded $2 Million in Unsolved Negligent Security Case

Staff Writer — Thu, 24 May 2007 11:54:42 GMT

The family of former University of Miami football player, Bryan Pata, will receive a $2 million settlement from the apartment complex in which the shooting death occurred. Pata had returned to his Kendall apartment on November 7, parked in his designated space and began walking toward his door when he was shot and killed.

''It was totally dark,'' said Haggard, of Haggard Law Firm in Coral Gables. ``An overhead light was obscured by bushes and trees. He had to park in front of a dumpster. Anybody could hide behind the dumpster and not be detected.
``The gate next to his parking space was left open until 10 p.m., and no security guard was on duty until 10 p.m. They had advertised 24-hour security, and they didn't provide that. Of all the negligent security cases I've handled [during 30 years], that's as reckless and dangerous a situation as I've seen.''

The Haggard Law Firm has handled numerous cases involving negligent security in which establishments such as bars, restaurants, shopping centers, nursing homes, banks, hotels and apartment complexes have all failed to provide adequate security. By representing individuals permanently injured in these kind of cases, the firm believes that it is taking an active role in making the community safer for the general public.

Originally posted at InjuryBoard by Staff Writer

Miami Negligent Security Lawsuit Filed Against Houston's Restaurant

Staff Writer — Tue, 24 Apr 2007 10:30:22 GMT

Last Tuesday, the family of Bradley Timpf filed a negligent security lawsuit against the owners of Houston's restaurant in North Miami Beach.

Dr. Bradley Timpf was found shot in the parking lot of Houston's Restaurant at 17455 Biscayne Blvd. at about 8 p.m. on Dec. 10. The shooting has not been solved.
The lawsuit alleges that, on the night of the shooting, the restaurant had inadequate lighting and there was no security present.
"Houston's had absolutely no security guards whatsoever," attorney Andrew Haggard said.

There were 189 reported crimes prior to this tragic event that took place in North Miami Beach. Our firm has seen a rise in inadequate security claims recently. It is important to protect your legal rights if you have been injured as a result of poorly protected premises.

Originally posted at InjuryBoard by Staff Writer

Issue of Negligent Security in Virginia Tech Tragedy

Staff Writer — Thu, 19 Apr 2007 16:10:27 GMT

I don't think there is a media outlet that hasn't covered the tragic events that took place at Virginia Tech early this week. The outpouring of support touched us all for those students and professors that were brutally shot and killed. What I found particularly interesting was the investigation that has been launched by the governor of Virginia (at the request of Virginia Tech) to look into the actions and timing in reaction to the shootings.

Negligent security has become a hot topic in light of recent events...did the police respond in an adequate amount of time? Was the right decision made to not lock down campus as a result of the first shooting...were students notified in an appropriate and timely matter...and what about all the prior knowledge and concerns that have come to light about the gunman? Could this tragic event been prevented if proper security was in place?

My firm has undertaken several cases involving the failure to provide adequate security resulting in the victim suffering severe injuries and/or death. By representing individuals permanently injured in cases stemming from negligent security, we believe that we are taking an active role in making the community safe for the public.

Originally posted at InjuryBoard by Staff Writer

Landlords on guard as lawsuit hits trial

Staff Writer — Mon, 29 Jan 2007 09:58:54 GMT

The family of a woman who was killed at Bridgeport Apartments wants to hold the property owner liable.

RALEIGH - The North Raleigh apartment Stephanie Bennett lived in seemed safe to Carmon Bennett, her father.
That was five years ago, before his 23-year-old daughter was murdered when her killer either crawled through a bedroom window or walked through her front door, then raped and strangled her.

A recent Charlotte News-Observer article explained that Carmon Bennett will spend the next few weeks in a Wake County courtroom while his attorneys try to convince a jury that his daughter's death was caused in part because of poor maintenance and a lack of crime prevention measures at her apartment off Lake Lynn Drive. Jury selection is expected to begin today.

Stephanie Bennett's body was found on May 21, 2002, in a spare room of her ground-floor apartment. The case baffled Raleigh police detectives for years, until a DNA match to Drew Planten gave them their suspect in October 2005.

Planten, 35, a withdrawn Michigan native who worked as a chemist at the state Department of Agriculture, lived in an adjacent apartment complex at the time of Bennett's death. He was connected to another woman's death in Michigan but committed suicide while awaiting trial in Raleigh.

Bennett's killing, which went unsolved for three years, sent shockwaves throughout the Triangle.

So has Carmon Bennett's lawsuit, with landlords crossing their fingers that the outcome, or even the publicity from the case, won't hurt their businesses.

"It certainly went onto radar screens of any landlord -- whether it's an apartment landlord or if you're renting out a room in your basement," said David Ravin, a senior vice president at Crosland, a Charlotte developer that owns six apartment communities in the Triangle. "It's a wake-up call to be constantly looking over security."

Riskiness in dispute

Bridgeport Apartments, a woodsy complex favored by many young professionals along the shores of Lake Lynn, became Stephanie Bennett's home in July 2001 when she rented a ground-floor apartment with her stepsister and friend.

Carmon Bennett said he thinks the Bridgeport Apartments, managed by the Chicago-based apartment complex giant Equity Residential Properties Trust, could have done more to protect his daughter. He accuses the complex of outfitting her ground-floor apartment with a faulty window lock, failing to trim shrubbery that could hide an assailant and providing a parking lot with little lighting.

Equity denies the claims, saying that police have never determined whether Planten came in through a window or had a door opened to him. He was also an obsessed, sexually motivated killer who had focused on Bennett. No amount of trimmed landscaping or well-lit parking lots would have deterred him, lawyers for the company argue in court papers.

It is not unusual for apartment owners to be sued when a violent death or crime happens, said Michael Semko, legal counsel for the National Apartment Association. Usually, the owners are found responsible only when they have neglected to fix a broken lock a tenant has reported or failed to fix a burnt-out light in a parking lot, Semko said, adding that he wasn't familiar with the Bennett case.

Landlords worry that wrongful death liability claims might cause insurance companies to raise premiums on nearby apartments. There is also the concern that the publicity of such lawsuits will lead to a spat of copycat cases, albeit for less serious allegations, from tenants. And they fear that just the mention of murder at one apartment -- regardless of liability -- can shake tenants' feeling of security at apartments throughout the area.

Tenants seek security

For Chanae Early, a 22-year-old Shaw University student, choosing an apartment came down to finding a place in a low-crime area that was close to school and had a decent grocery store nearby. She and her roommate settled on a second-floor apartment in Parkwood Village in west Raleigh and haven't encountered any problems.

"We feel pretty safe," Early said. But, she added, "There could be more lights at night."

Apartment managers at even the safest complexes say they have to make visible efforts to make tenants feel safe, particularly in the wake of serious crimes.

"You check to see whether lighting is appropriate, shrubs and trees are neatly groomed and don't provide places for people to hide," Ravin said. "Everyone looks at their own condition when something like that happens and wonders, 'Could this happen to me?' "

Occupancy at Bridgeport has nudged up after lagging in the years after Bennett's murder. Its rental rates have dipped about 20 percent since September 2001, while rents at other nearby complexes have risen 2 percent during the same period, according to data from the Triangle Apartment Association.

Lawsuits also spur management companies to treat tenants gingerly, Semko said. If the apartment is in a high-crime area, pamphlets are handed to incoming residents. The words "safety" and "security" are avoided because of the liability they create when an unsafe scenario does exist.

"They tend not to be used just because of the great fear, 'God forbid someone is mugged or killed, and we've got to pay $25 million for something we didn't know about,' " Semko said.

Originally posted at InjuryBoard by Staff Writer

Congress fails to pass vital pool safety legislation

Staff Writer — Sun, 21 Jan 2007 10:27:21 GMT

Pool Safety - Congress fails to pass vital pool safety legislation.

Every year, about 250 children under age 5 drown in America's swimming pools, and 1 of every 5 kids -- nearly 12 million under the age of 15 -- suffer injuries that require medical attention.

South Florida Sun-Sentinel Editorial Board Comment on the situation.
Posted January 6 2007

Every year, about 250 children under age 5 drown in America's swimming pools, and 1 of every 5 kids -- nearly 12 million under the age of 15 -- suffer injuries that require medical attention.

The real tragedy is that drowning, the second leading cause of child deaths, is wholly preventable. So who wouldn't want to cut the risks and save lives?

Apparently, 108 members of the U.S. House of Representatives, who voted down a vital bill in the waning hours of the lame-duck 109th Congress that called for strict safety codes for pools and spas.

The measure had such promise, too. The no-brainer, incentive-based bill was championed by former Secretary of State James Baker, whose 7-year-old granddaughter drowned after she got caught in a pool drain. The Senate was receptive. And despite her freshman status in the then-minority party, U.S. Rep. Debbie Wasserman Schultz, D-Weston, managed to get the bill heard on the session's last day.

It wasn't enough. When the bill came up for a vote, it was 2:53 a.m. and much of the body had already left for home. It failed by nine votes.

Thanks to Wasserman Schultz's efforts in the state Legislature, Florida is lucky to already have some of the most aggressive pool-safety codes in the nation, requiring safety fences, alarms, drain covers and other life-saving precautions in all new pools and spas.

But critical gaps remain. For example, only pools and spas built after July 2001 must have drain covers and other equipment designed to prevent swimmers from getting caught and pulled under. That left 750,000 older Florida pools unaffected. The Pool and Spa Safety Act would have closed that gap, adding a retrofitting requirement that all pools in participating states have entrapment-prevention devices.

The good news is Wasserman Schultz won't give up. Aided by her new leadership role as a chief deputy whip, she will reintroduce the bill. The chance is good that a re-energized 110th Congress will recognize the vital need to pass it.

BOTTOM LINE: Pass the bill next time.

Originally posted at InjuryBoard by Staff Writer