ResortTorts encompass almost every aspect of tort litigation. ResortTorts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. These can involve aspects of hotel and motel safety, cruise ship litigation, pleasure boating and jet ski incidents, amusement and theme park liability, aquatic, diving and swimming incidents, foreign travel and medical emergencies, gaming and casinos, aviation (commercial and general), rental car liability, moped, bicycle and motorcycle safety, buses and tour guides, travel industry liability for crime victims, and medical care provided to vacationers. ResortTorts can encompass a vast array of types of cases but they all have one thing in common: tourists, business travelers and locals alike are all exposed to risk while traveling, vacationing or engaging in resort or pleasure activities.

Because Florida is a resort destination, and due in large part to our year round climate that encourages resort activities, these torts occur with great frequency here. Tourists by their very nature are less attentive to dangers because they are in a strange place and are focused on enjoying the surroundings. Often there are higher duties owed to tourists because of their lack of familiarity and awareness of risks that would be otherwise known to the proprietors of certain businesses.

With 82 million visitors each year, Florida is a tourist haven. There must be places to house these visitors and facilities to entertain and amuse them. The business industry has responded, and Florida is flush with places to stay and things to do. The draw to the state includes 1200 miles of sandy beaches and over 8,000 lakes. Yet there are hazards hidden from tourists, who are usually on vacation and unaware of the dangers they face. These hazards can include premises liability such as trip and falls, violent crime/negligent security, defective premises design or layout, defective products, transportation negligence (plane crashes, car crashes, boating mishaps), medical malpractice provided by an innkeeper or cruise ship and many other types of dangers.

Some examples of ResortTorts include the following types of cases:

Transportation

Airlines; Sightseeing aviation: helicopter, general aviation; Rental cars; Taxis, buses; Cruise ships; Bicycles and mopeds

Boating and Water Sports

Pleasure craft; Jet ski; Diving/snorkeling; Fishing charter; Parasailing

Entertainment

Theme parks; Amusement parks; Malls/shopping centers; Gaming: casinos, Indian gaming; Pools and aquatics; Tennis; Golfing/golf carts; Bars and nightclubs

Lodging/Innkeeper Liability

Hotels/motels/inns; Cruise ships

Examples of cases in which Leighton Law counsel has represented clients against hotels/resorts/amusement and theme parks:

• Hot coffee spilled by waitress at theme park into lap of restaurant patron
• Slip and fall on wet marble floors in hotel entrance without any wet floor warning
• Honeymoon wrongful death/massive burns due to gas leak at resort hotel in the Dominican Republic
• Trip and fall on hotel entrance sidewalk due to obstruction
• Bicycle and moped accidents causing injuries to Key West tourists
• Tourists assaulted at motel due to inadequate lighting and security
• Sexual assault of child at theme park by park employee
• Sexual assault on hotel property
• Assault and battery in hotel parking garage
• Slip and fall on outdoor hotel stairway
• Slip and fall in chain restaurant
• Death, neurologic injuries and brain damage from negligently operated parasailing rides
• Sexual assault at theme park on adult guest
• Slip and fall at theme park

Examples of cases in which Leighton Law lawyers have represented clients in cruise ship and/or boating cases:

• Wrongful death of scuba diver on cruise excursion in the Florida Keys
• Wrongful death of motorboat passenger where boat operator crashed into a residential boat dock
• Head and neck injury resulting from cruise ship mooring line snapping, striking a passenger while seated in the dining room
• Slip and fall by cruise passenger on ship’s pool deck
• Severe back injuries from slip and fall in cruise ship spa
• Electrocution death of a teenager on an electric boat lift
• Sexual assault of passenger by crew member
• Medical negligence claim for wrongful death against cruise line
• Death of teenage from negligently operated parasailing ride
• Traumatic brain injury to young woman from recreational boating amusement
• Serious injuries from a jet ski crash
• Cruise ship assault
• Negligent medical care to passengers aboard cruise ships

Mr. Leighton frequently lectures on ResortTorts across Florida and the country, and has provided overviews to members of the legal and business community at the Hotel Intercontinental in Miami at the inaugural Resort Tort^TM Roundtable sponsored by the Miami Daily Business Review. This was followed by the hugely successful Resort Tort: Vacation, Resort and Recreational Liability seminars in Orlando (sponsored by the Orange County Bar Association) and Miami (sponsored by the Daily Business Review). This year's programs provided lawyers with 5.5 hours of continuing legal eduication credit (including 4 hours for board certification). 

He also speaks on Resort Torts throughout the United States to other trial lawyers and the general public. Mr. Leighton's "Resort Tort" seminars are presented several times a year throughout the State of Florida to lawyers and members of the business communities.  This annual seminar take place in Miami and Orlando and feature updates on developments in the field of resort, vacation and recreational litigation. Mr. Leighton is a founding member of the Resort Tort Litigation Group of the American Association for Justice and has been a leader in this emerging field.  Additionally, as Chair of the Inadequate Security Litigation Group and author of Litigating Premises Security Cases, Mr. Leighton brings his skills in premises liability and violent crime litigation to each Resort Tort case he handles. 

With the opening of Leighton Law's Orlando office in 2009, the firm continues to lead the fight for enhanced safety for visitors to Florida and those traveling for both leisure and business. Leighton Law represents clients against the area's theme parks, amusements, hotels, resorts, taxi companies and recreational providers.

Visit us at www.ResortTort.com

Resort Torts Seminar 8-page DBR Insert