Articles Posted in Hotel, Motel & Resort Liability

Resort Florida Liability and NegligenceIn Florida and other states, children are welcomed as guests at hotels, motels, and resorts. There are a few vacation areas that are adult guests only; however, the vast majority of these locations are family oriented and set up in many ways to provide for the guests who are children.  Rooms and areas of the resort are constructed and designed just for children.   Because children are welcomed as guests, the hotel / resort staff and management should maintain the facility and activities at the facility in a way to takes into account the safety of children.  It is well know that children lack good safety awareness and judgment.  Because of this, attractive nuisances should be kept at a minimum or at least secured in a way that a child cannot go inside a dangerous area without proper access and adult supervision. Take for example, a swimming pool or aquatics area.   Proper fencing, enclosures, and alarms should be in place so that a child, especially toddlers, do not have access to or wander into the area.  Like other personal injury cases, the following elements must be established:
1. Duty;
2. Breach of Duty;

Hotel Negligence Personal InjuriesFlorida is a tourist state in many respects. During the summer months when children are out of school, it is  common to see children and their families visiting and enjoying the amenities at various Florida resorts and hotels. From Key West to Orlando to Jacksonville to Pensacola and all parts in between, children are welcome as guests at hotels and resorts.  For some children during these visits, a hotel / resort is the location of a serious personal injury and even death in some circumstances. Is a hotel liable “every time” that a child is injured on premises? The simple answer to this question is no. The reason the answer is simple is because the way to which the question is asked. Take note of the words “every time”. A hotel or resort in Florida is not liable “every time” that a child is injured. However,  a hotel or resort is  liable when the hotel / resort is negligent or careless with respect to the supervision and maintenance of the facility. In order to establish a civil case or claim against a hotel or resort, the following four elements must be established:
1. Duty;
2. Breach of Duty;

Swimming Pool - Water Slide - Injury - Drowning
During the summer months, children enjoy the time off from school and the opportunity to splash around at the community pool, a neighbor’s pool, a water park, or theme park.  Most public areas are well maintained and inspected frequently.  Most are staffed with trained lifeguards and maintenance personnel to provide for a safe aquatic environment for children. Unfortunately for some children Unfortunately for some children during the summer months, a swimming pool, water park, or theme park is the site for a serious personal injury.  Some incidents even result in the untimely and tragic death of a child as a result of a drowning or a traumatic injury.
Is a water park, theme park or property owner of a swimming pool liable or responsible for injuries that take place on the premises? The answer to this question like many other depends the particular facts and circumstances of the incident leading to the serious personal injuries or death of the child. There are four elements that are required to be proved to establish a case against a swimming pool owner, theme park, or water park.
1. Duty;

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Is a hotel or resort liable for the injuries caused a child while on the property? In Florida, hotels, resorts, and theme parks welcome children through their doors and gates on a daily basis. Florida is known for its tourism. Hotels and theme parks are big business in the State of Florida. What a child visits a hotel, resort, or theme park, the property owner
has a duty to provide a reasonably safe and secure environment for children. It is well known that visit and stay at hotels, resorts, and theme parks. Because of this, it is important for managers, administrators, staff members, housekeepers and others to make sure that the common areas, rooms, activity areas, swimming pools and other areas are safe for use for children. The management and staff at the hotel, resort, and theme park have a duty to provide reasonable and periodic maintenance of the facility, property and grounds to make sure that there are no hazards present that put a child at risk for personal injuries or harm.

When a child is injured at a Florida hotel, resort, or theme park, a parent typically have have many questions and issues to address on behalf of the injured child. Assuming that the injuries resulted from the negligence of a staff member or the facility, a case or claim can be pursued to seeking compensation and damages for the injured child. The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Water Parks Injuries, Theme Park Injuries, Injuries at Stores and Shopping Malls, Day Care Center Injuries, School Injuries, Damages / Compensation and other topics. Get this book for free at The ABCs of Child Injury. It is important for the parent to obtain legal advice for on behalf of the child contacted Florida child injury lawyer for advice and information regarding child injury claims.

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In July 2011, Dennis Brian Devlin was sentenced to a minimum of 15 years in Federal Prison for forcing a 13-year-old boy to participate in child pornography at the local Desert Inn Hotel in Daytona, FL. Devlin, a 57-year-old man, was working as the hotel manager of the Desert Inn in February when local authorities raided the hotel and found images of the child along with other evidence. Police report that Devlin was working with another man, 21-year-old Michael Ehmen, to lure the 13-year-old back to the hotel to perform the illicit acts. Ehmen pled guilty to the same charges as Devlin and was sentenced to 7 years in Federal Prison. U.S. District Court Judge John Antoon II also sentenced Ehmen to 15 months of house arrest, 20 years of probation and $6,000 in restitution to the victim.

The abuse, neglect, and exploitation of a child constitute reprehensible acts and should be punished to the full extent of the law. Tragically, many such acts in Florida and other States are under the radar of law enforcement and leave the victim to the whims of the sexual offender / predator. In some cases, the criminal is caught and punished so that the community is free of just one more predator/sex offender during the prison term.

To read more about this story, see Hotel Manager pleads guilty.