Disney says its buffet line was closed on March 12, 2020.
Swimming pools are always a source of fun for people during the dog days of summer. And for those in Florida, year-round. However, with swimming pool ownership comes a number of legal responsibilities that the owner has when it comes to safety. Schrier Law Group is here to go over the laws if one fails to follow any one of said laws, they can be held liable when someone drowns in their pool. This goes for public pools as well as private backyard swimming pools.
When one dies in a drowning accident at a private pool or a public pool, their loved ones may be able to file a negligence lawsuit against the owner. They can also file a lawsuit if their loved one suffers brain injuries or any other type of harm.
Liability presents an issue for swimming pool owners. If an accident happens at someone’s swimming pool, chances are that they can be held responsible for it. There are lawsuit verdicts that have held hotels and property owners responsible for drownings that happened in their pools.
Premises Liability Law Applies to Swimming Pool Accidents
The first thing to understand is the law that applies to swimming pool accidents. The standard concepts of premises liability law will apply, albeit with some differences that are unique to the context of pool safety.
Premises liability generally holds that a property owner is responsible for any injuries that occur on their property. The exceptions to premises law liability include when the injured person is a trespasser on the land and when they were the cause of their own injury. However, a landowner owes a higher standard of care when a child is on their land that would include warning them of obvious dangers to them.
When it comes to a swimming pool, homeowners would need to show an even higher standard of care for children that come on to the property under something called the “attractive nuisance doctrine.”
When are Owners Liable for Swimming Pool Accidents
There are circumstances in which swimming pool owners could be liable for drownings in their pool.
- The child was not adequately supervised in the swimming pool
- The pool was not kept in a state of good repair
- The pool was not fenced off or covered
- There was not the proper safety equipment
Pool Owners’ Homeowners Policies
When it comes to paying for the damages caused by a homeowner’s swimming pool, the first place to go would be their homeowner’s insurance policy. This policy has a liability portion that would cover injury or death in a swimming pool.
However, many homeowners may not have a high amount of liability coverage attached to their homeowners’ policy. Certainly, they may not have enough to cover swimming pool injury.
The standard amount of liability coverage in a homeowners’ policy is $300,000, which may be insufficient to cover the damages if someone drowns in the pool. If the amount of homeowner’s insurance is not enough, you would need to go after other assets of the homeowner to satisfy the judgment because the insurance company cannot be made to pay more than the policy limits.
Homeowners should increase their liability insurance if they have a swimming pool on their property and have invited guests. However, many of them are either trying to keep their policy premiums low or do not realize the dangers of their own swimming pool or the extent of their possible pool liability.
In these days and times, COVID-19 lawsuits are becoming quite the norm. Schrier Law Group is here to represent you should one need representation regarding the virus. In recent news, three Utahns and two Arizonians are suing Disney Cruise Line after they claimed that they contracted the coronavirus while onboard the Disney Fantasy ship in March 2020.
Four lawsuits have been filed in a federal court in Orlando, Florida, nearly a year after all five tourists were aboard the cruise ship. All of them saying they contracted the virus and began feeling sick.
In a statement shared with the media, Disney Cruise Line spokesperson Cynthia Martinez says, “We disagree with the allegations and will respond to them in court. No guests or Crew reported symptoms of Covid-19 while aboard the Disney Fantasy during the March 7, 2020, sailing. Disney Cruise Line communicated health and safety information with guests in advance of and during their sailing and had numerous protocols in place at the time.”
The lawsuit filed on behalf of Utah resident Kailee Taylor says that she was traveling with family members that suffered from autoimmune diseases and compromised health conditions placing them at greater risk of contracting and suffering from the effects of COVID-19.
Because of this, the lawsuit says Taylor contacted Disney Cruise Line to cancel or postpone her cruise, but was told she could not, despite the COVID-19 concerns. Left without any option and having trusted Disney Cruise Line would not place her in harm’s way, she embarked on the cruise line’s vessel on March 7, 2020, according to her lawsuit.
According to the lawsuit, Taylor contracted COVID-19 while aboard the ship and began suffering symptoms of the virus as a result of Disney’s careless conduct.
Another Lawsuit Filed
The lawsuit filed on behalf of Scott and Jana Olson of Utah, says their child, who had an unspecified autoimmune disease, had to be taken to a hospital intensive care unit in mid-March with a high fever and difficulty breathing. On May 1st, the lawsuit says the child tested positive for COVID-19, as did the parents.
The lawsuits allege Disney Cruise Line knew of the virus and its contagiousness, as well as its effects, before the March cruise, but “negligently exposed” the victims to COVID-19. The cruise line is also accused of not enacting quarantine or physical distancing measures aboard the ship.
The plaintiffs allege Disney Cruise Line was or should have been aware of a memorandum from the CDC that outlined guidance for ships at the onset of the pandemic. The lawsuit continues, saying Disney, like other cruise ships, received “an early, dire warning” of how easily the virus can spread on ocean liners after the first cases emerged aboard another vessel in Yokohama Harbor, Japan.
The lawsuits accuse Disney Cruise Line of negligent failure to warn of the dangers of COVID-19 aboard the ship and general negligence.
Disney Cruise Line shared an email sent to all guests on March 7, 2020, sailing received ahead of their cruise, that reads in part:
“Information continues to evolve quickly and we are closely following guidance from health officials and authorities in the ports of call we visit. As always, your health and safety, as well as that of our crew, is our primary focus. We are also committed to keeping you informed and updated, and are happy to address any questions you have in advance of your cruise and once you’re onboard.”
The email goes on to outline guidelines for those onboard, including temperature checks, screening for symptoms, extensive cleaning, and, if applicable, prohibiting guests to disembark in any Bahamian port if they had been to China, South Korea, Italy, or Iran in the 20 days before arrival. All four of those countries were the hardest-hit by the virus at the time.
A future court date has not yet been set.
The Schrier Law Group is ready to handle any coronavirus / COVID-19 case and Schrier Law has the resources necessary to help you and your family score a successful outcome. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Schrier Law Group handles many cases, but one of the most difficult is the wrongful death suit. Wrongful death claims are brought against a defendant who has caused one’s death, either through negligence or as a result of intentional action. Wrongful death claims allow the estate and/or those close to a deceased to file a lawsuit against the party who is legally liable for the death.
When Does a Wrongful Death Claim Apply
A wrongful death claim can arise after situations in which a victim who would otherwise have a valid personal injury claim is killed as a result of the defendant’s wrongful action.
This can occur in a variety of situations, including:
- When a victim is intentionally killed
- When a victim dies as a result of medical malpractice
- Car accident fatalities involving negligence
These are just a few examples of personal injury cases that can turn into wrongful death claims. A wrongful death claim can stem from almost any kind of personal injury situation.
What Must Be Proven
In order to hold a defendant liable in a wrongful death claim, the plaintiffs in the claim must meet the same burden of proof that the victim would have had to meet had the victim lived. So this means showing that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty was a direct and proximate cause of the death, and that the death caused the damages that the plaintiff is trying to recover.
Who Can File a Wrongful Death Claim
A wrongful death claim is usually filed by a representative of the estate of the deceased victim, on behalf of survivors who had a relationship with the victim. Exactly who those survivors are can vary from state to state.
In all states, a spouse may bring a wrongful death action on behalf of his or her deceased spouse. Parents of minors may also bring a wrongful death action if one of their children is killed, and minors can collect compensation for the death of a parent.
Where states start to disagree is whether parents of adult children can sue, whether adult children can sue for the wrongful death of their parents, whether grown siblings can sue for wrongful death, or whether extended relatives like cousins, aunts, uncles, or grandparents can sue. Usually, the more distant the familial relationship is, the harder it will be to get a legal remedy via a wrongful death case.
Wrongful Death Damages
Damages in a wrongful death claim—categories of losses for which a survivor might be able to receive compensation—include:
- the deceased person’s pre-death “pain and suffering”
- the medical treatment costs that the deceased victim incurred as a result of the injury prior to death
- funeral and burial costs
- loss of the deceased person’s expected income
- loss of any inheritance as a result of the death
- value of the services that the deceased would have provided
- loss of care, guidance, and nurturing that the deceased would have provided
- loss of love and companionship, and
- loss of consortium
The Schrier Law Group handles many wrongful death cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any wrongful death case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
There are many, and Schrier Law Group would like to reiterate, many COVID-19 lawsuits being filed all around the country. One company in the crosshairs was Tyson Foods. Iowa State and federal legislation has shielded Tyson Foods from a negligence claim filed by a family who says their father contracted COVID-19 at the meatpacker’s Storm Lake, Iowa, pork plant and later died, the company says in new court filings.
Tyson is seeking a dismissal, saying the lawsuit is barred by Iowa’s new COVID-19 Response and Back-to-Business Limited Liability Act and former President Donald Trump’s designation of meatpacking plants as critical infrastructure with a responsibility to continue to operate during the coronavirus pandemic.
Tyson also contends that the family of Michael Everhard has not proven that he contracted the virus while at work and that the claims should be adjudicated by Iowa’s worker compensation system.
What are the Details?
A 27-year Tyson employee, Everhard, 65, of Fonda, Iowa, died on June 18th, three weeks after being hospitalized and diagnosed with COVID-19. His family sued Tyson for gross negligence in December, saying that Everhard was forced to work in a confined work environment without proper safety measures while Tyson knew it was not implementing the necessary precautions available to protect workers from the virus.
In its motion to dismiss the suit, Tyson says the issue must be adjudicated through the Iowa Division of Worker’s Compensation and that Everhard’s family is circumventing the process.
The Everhard’s family attorney has said that Tyson can only claim immunity from liability for injuries or death of its employees if worker’s compensation or occupational disease compensation benefits were recoverable by a worker’s family or estate. Tyson has denied that Everhard’s family has a claim for worker’s compensation, he said, so it loses that immunity.
The COVID-19 Response and Back-to-Business Limited Liability Act shields businesses from virus-related lawsuits unless plaintiffs can show a company acted with actual malice and intentionally and recklessly disregarded its workers’ safety.
Tyson’s Court Filings
Tyson said in previous court filings that since the beginning of the pandemic it has followed federal workplace guidelines and has invested millions of dollars to provide workers with safety and risk-mitigation equipment. Tyson, which employs more than 2,300 workers at its Storm Lake turkey and pork processing plants, conducted mass testing of its Storm Lake workers in May, and in June announced that 591 workers at the pork plant there had tested positive for COVID-19.
Tyson said in its dismissal motion that Trump’s declaration of meatpackers as critical infrastructure gave him the discretion to determine the manner, conditions and extent of their operations during a national emergency. That shields the company and others deemed as critical from lawsuits such as Everhard’s, Tyson said, because imposing liability on the company would undermine the emergency declaration.
At least one judge in Iowa has ruled otherwise.
The Schrier Law Group handles many cases. COVID-19 cases are new to the legal world, but Schrier Law has the resources necessary to help you and your family score a successful outcome in any case (including COVID-19 cases). It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Here is a question for you. Have you or someone you love ever been harmed due to the negligence of another? Are you currently seeking a personal injury attorney in Miami, Florida to aid you in court and represent your claims? Then look no further. The Schrier Law Group is a personal injury and insurance litigation law firm that will aggressively represent you in the court of law. Schrier understands that this is probably a difficult time, especially if one has been injured. With our fierce legal representation, we assure you that your case will be handled with professionalism and perfection, so you can receive the largest payout or settlement possible.
Negligence Leads to Injury
You might be quite surprised to learn how often someone is injured due to the negligence of another. The basic definition of negligence is the failure to take proper care when doing something. If this negligence results in the injury of another person, then this is more than enough of a basis for a personal injury case. The lawyers at the Schrier Law Group have been handling personal injury cases for over 60 years! This outstanding legal team is waiting for your case so they can aggressively represent you in the court of law. With our backing, you are assured to receive the compensation for the settlement that you deserve.
Types of Personal Injury
Personal injury cases can be a number of different things. Whether it be car accidents or mishaps at work. Either way, we understand that the safety and health of our clients is of the utmost importance. Take a look at the different kinds of personal injury cases:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Boating Accidents
- Pedestrian Accidents
- Medical Malpractice
- Wrongful Death
- Workplace Accidents
The Schrier Law Group handles many negligence cases. Schrier Law has the resources necessary to help you and your family score a successful outcome in your case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Slip and fall accidents are some of the most common accidents that people suffer from. They are also some of the most unfortunate accidents that happen as well. We here at Schrier Law Group knows that when we go through our daily lives, nobody is considering the fact that they may slip and fall somewhere and hurt themselves.
These accidents lead to some of the most unexpected and painful injuries. In most circumstances, slips can be traced back to personal carelessness and there really is no recourse. However, there are certain situations that can be traced back to the negligence of another individual (or business). In cases like these, you need to call upon the help of a personal injury attorney.
The Schrier Law Group understands the inner workings of almost every type of negligence case. It is important that you receive the compensation that you deserve. That is why you need to contact the Schrier Law Group to get the money that you deserve for a slip and fall case.
What is the Plan Following the Slip &Fall?
First and foremost, it is always important to seek out medical attention if you are the victim of a slip and fall accident. Your personal health will always be the most important thing to worry about. However, it is also important to report the slip and fall accident too so that you get it on record.
If possbile, the owner or landlord of the property the accident occurred at must be informed immediately following and you need to make sure to have some type of written report. Also part of the next step is to “document everything”. Attempt to retrieve the personal information from any witness (such as phone number, email, statements, and pictures of the area that you fell.) Try to take pictures that would show the scenario and situation of how you slipped and fell. All of this will help you with the case or the settling of the lawsuit.
After you take all these important steps, all you need to do is contact Schrier Law Group. We will handle the rest. A personal injury attorney will guide you through your slip and fall case and hold all of the negligent parties responsible. You deserve compensation for the slip and fall accident that caused medical pains and bills. The Schrier Law Group is here to back you up. We will get you results.
One thing for sure that is coming out of the pandemic is the growing number of lawsuits that are tied into wrongful death and/or negligence from COVID-19.
In Montana, The families of three residents who were infected with and died of COVID-19 at a local care/rehab center are suing the facility for negligence and wrongful death. They are alleging its corporate owners failed to establish basic infection prevention criteria during the outbreak of the deadly virus while ignoring sanctions from state and federal regulators.
What are the Details
As a result of the negligence, the lawsuit alleges a total of 13 residents died at the long-term care facility, including the three men on whose family members are seeking damages.
All three men died within weeks of one another, and the lawsuit outlines alleged instances of neglect, abuse, malnourishment, and other forms of mistreatment that led to their contraction of the virus, deteriorating health and ultimate death.
To be specific, the families allege that Whitefish Care and Rehabilitation Center, failed to establish and maintain a basic COVID-19 infection prevention and control program for an at-risk population of residents, even after a series of complaints.
These complaints led to the Montana Department of Public Health and Human Services and the federal Centers for Medicare and Medicaid Services to investigate the facility, leading to warnings, violations, and a corrective enforcement plan. A plan that was disregarded.
The families also allege the facility “failed to provide adequate and basic personal care to residents during the pandemic, failed to inform resident representatives of the deteriorating conditions inside the facility, and have concealed their neglect behind COVID-19 restrictions,” according to the lawsuit.
Across the nation, nursing home residents have been among the hardest hit by COVID-19, with outbreaks spreading rapidly through the congregant settings and disproportionately impacting vulnerable seniors.
One example mentioned in the lawsuit describes a period during the outbreak in which 58 residents were living at the facility while new intakes were mixed into the general population, in violation of rules requiring a 14-day isolation period for all new residents.
On Aug. 31, more than two weeks after the first positive case of COVID-19 inside the facility, and after four residents had died, regulators conducted a second survey and documented numerous instances of non-compliance with infection control guidelines, despite the earlier warnings and violations.
The lawsuit also names as a defendant, the executive director of Whitefish Care and Rehab, and accuses him of ignoring complaints, guidelines and agency recommendations, and requirements, while allowing the unsafe conditions “to persist until nearly the entire population of residents at the facility had become infected with COVID-19.”
Sometimes it is just simple “negligence” that leads to a lawsuit being filed. If one suffers harm because of another’s careless action, or lack of action, then that person or company can be held legally responsible (liable) for the harm done.
Negligence cases are civil cases. Negligence law allows you to sue someone for the harm they caused you either by accident or recklessness. Negligence occurs when someone’s actions or failure to act falls below a reasonable standard of care.
Schrier Law Group knows that a reasonable standard of care is based upon the notion of “what an ‘ordinary’ or ‘reasonable person’ would have done in similar circumstances.”
Diver Dies in Lake Worth Accident
The family of a diver, 37-year-old Mollie Ghiz-Flynn, who passed from her injuries during a dive near the Lake Worth Inlet in March of 2020, filed suit against the charter boat company for said negligence.
Investigators said people on board a 48-foot commercial dive boat “Southern Comfort” was pulling divers from the water about a mile-and-a-half southeast of the Lake Worth Inlet when two divers were pulled under the boat. One diver, Ghiz-Flynn, was hit by a boat propeller. Ghiz-Flynn later died from her injuries.
The lawsuit filed Friday in the U.S. District Court for the Southern District of Florida is accusing the “Southern Comfort” owners, Florida Scuba Charters, of negligence.
Details of the Lawsuit
According to the suit, as the divers were coming up from the first dive of the day and were trying to get back aboard the boat, the boat captain put the boat in reverse, pulling Ghiz-Flynn and her husband, Sean Flynn, under it.
Flynn’s attorney stated that, “this was a SCUBA diving charter that never should have occurred in the first place, and the results were catastrophic. We are filing this case in order to obtain justice for Sean and for Mollie’s family. Mollie’s life was taken far too soon and we seek full accountability for this preventable tragedy.”
At the time of the incident, Palm Beach County had enacted executive orders prohibiting recreational diving and most recreational boating, in an effort to help with social distancing measures and curb the spread of COVID-19.
Additionally, boat ramps and marinas in the county were closed to recreational boats and only allowed to remain open if they serviced commercial vessels, such as fishing. This will be an integral part of the suit.
The Schrier Law Group handles many negligence cases just like this one. Schrier Law has the resources necessary to help you and your family score a successful outcome in your case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Every private area that you attend is guaranteeing your safety upon entry. In fact, unless you sign a notice that they aren’t responsible for you on the premises, then they may be held liable if something were to happen to you. This pertains to slips and falls, accidents of any kind and unfortunately, things that are allowed to happen due to a lack of security. Whether you are visiting a friend at an apartment complex, attending a concert, filling your car with fuel or attempting a withdrawal at an ATM machine, you have the right to expect to be safe. The owners of these facilities have an obligation to ensure that people who are visiting are kept safe.
Hold the Property Owner’s Accountable
All types of accidents happen when there aren’t safety precautions set up. For example, high crime rate areas may be prone to having robberies or assaults on the property. These must be dealt with by increasing security measures. Could you imagine yourself being robbed right after using a bank’s ATM and it was due to their front door having a broken security system? Due to these inadequate security measures that the property owner had in place, you are now at a very large loss. Everyone has an expectation of safety at any location. You are entitled to that expectation and if you have been hurt or worse at the cause of inadequate security, you are entitled to compensation.
Contact the Schrier Law Group for Inadequate Security Litigations
The Schrier Law Group is a team of attorneys primarily located within South Florida. Together, we have been aiding the South Florida community for years. You do not deserve to be punished for the negligence of the property owner. If you or a loved one have been harmed our worse at a private location due to inadequate security, then contact the Schrier Law Group today!
One of the most difficult cases to deal with in a court of law is the Wrongful Death case. In these cases, you are going after the person or persons who were negligent in a manner that eventually led to the death of a loved one. Also, due to the death of this loved one, you are now owed some type of payments to equal out what that loved one was providing. In other words, you are trying to determine an amount that is equal to the lost life of that loved one. And that is painful just to think about.
The Schrier Law Group understands that your family is going through a tough time after the loss of a loved one. Contact us today if you want an attorney that will aggressively represent you in a court of law. We will attack those who owe you relentlessly until you receive what is due.
What is the Compensation for in a Wrongful Death Claim?
You have a lot of compensation to be given. You lost someone who supported you, possibly your family and your children and was there to comfort you for life. Now they’re gone. Here is just a sample of what a Wrongful Death claim may encompass.
Financial Support – When you have lost current and future financial support as a spouse or child, we will do everything possible to get the maximum amount of compensation.
Medical Expenses – Just because they are gone, doesn’t mean the medical expenses that were accrued while trying to keep them alive are payed. They owe you these payments.
Pain & Suffering – The pain and suffering of both the victim and family members is often taken into consideration when making this determination.
Spouse & Children Damages – The spouse and children not only lost financial support, but the companionship that they would have had throughout their entire life. No money can substitute this, but restitution must be paid.