With snowstorms bearing down on much of the country, many people flock to Florida to enjoy the sun and surf. Florida’s many resorts are favorite destinations, providing guests with amenities like massages, secluded beaches, and family-fun atmospheres. They also often provide tours and excursions so that you can see more of the state during your stay.
Sadly, many people return home with more than a sunburn. Instead, they can suffer serious injuries, frequently caused by someone else’s negligence. If you or a loved one has suffered an injury while on an excursion in Florida, contact Dolman Law Group today for a free consultation.
Part of the fun of staying at a resort is going with a small group on an adventure. Some of the more popular excursions include:
- Scuba diving
- Snorkel trips
- Boat rides
- Helicopter or plane tours
- Amusement parks
The resort might organize the trip, or a different company might offer it to resort guests at a discount. Although these excursions can add great memories to a trip, they come with many risks, including the risk of suffering an injury.
How People Are Injured on Resort Excursions
Resorts are generally safe, but accidents can happen particularly when you leave the property for an excursion. For example, you might be injured in the following situations:
- You injure yourself scuba diving or swimming
- You get sick eating food prepared by the resort or the business that provides the excursion
- You get into a vehicle collision while riding on a resort’s shuttle bus to your excursion
- Someone attacks you in the resort’s parking lot or while on your excursion
- You are injured on an amusement park ride or a ride at the resort
These are only some of the ways people may be injured on vacation. Every situation differs, and what matters is whether someone’s negligence caused your injuries on the excursion.
When you are injured, the first step will be to decide who was responsible for your safety—the resort or the provider of the excursion, which might be a separate business. Depending on the circumstances, the law might hold one or both responsible.
Generally, you will sue for negligence when injured on an excursion. There are four elements to a typical negligence claim:
- The resort or business owed you a duty of care. If you are a guest, then you easily satisfy this requirement.
- The resort or business breached that duty of care. Typically, you must show that the defendant was not sufficiently careful in how they treated their guests.
- You suffered a physical injury—such as a broken bone, cuts, illness, head injury, etc.
- The defendant’s lack of care caused your injury. In other words, the defendant’s negligence must have been a direct cause of your injuries, and your injuries must have been foreseeable.
Each of these elements is critical to winning your negligence lawsuit. However, in most lawsuits, the parties argue over whether the defendant breached their duty to you. For example, a resort or business might have breached their duty of care in the following ways:
- Failing to keep the premises safe by fixing hazards or warning guests and visitors of them
- Failing to prepare food carefully, maintain food safety, or to hire qualified cooks
- Failing to hire adequate security
- Failing to operate a shuttle bus with sufficient care
- Failing to inspect and maintain rides
At Dolman Law Group, our personal injury lawyers specialize in assessing the circumstances surrounding your injury and identifying whether you have a valid legal claim against either the resort or the excursion provider.
Negligence and Liability Waivers
Before participating in any activity, you might need to sign a waiver of liability with either the resort or the excursion provider. These waivers seek to limit your ability to bring a lawsuit in the event you suffer an injury. If you signed a waiver, find a copy and show it to your lawyer.
These waivers are often binding—but not always. Do not assume that you have no legal case simply because you signed a waiver. Instead, your lawyer will need to analyze the precise language used in the waiver, and the form of the waiver, to see if it applies. Depending on the circumstances, even a valid waiver might not be applicable if the defendant intentionally harmed you or was reckless in how they provided services.
What Compensation You Can Receive
A successful personal injury lawsuit can fully compensate you for all economic and non-economic harms suffered as a result of an injury. Economic harms include anything you can measure in dollars and cents, including:
- Lost wages, if you cannot work while you recover
- Lost future wages, if you cannot return to your old job because of your injuries or if you cannot return to work at all
- Medical care, including transportation to the hospital, doctor’s visits, prescription drugs, and medical devices like crutches or wheelchairs
- Future medical care, if you need continuing care
- Property damage
- Physical pain and suffering
- Emotional distress for grief, embarrassment, anger, fear, irritability, and anxiety
- Loss of consortium for negative changes to your marriage, such as the loss of companionship or sexual intimacy
Speak with a Clearwater, Florida Personal Injury Lawyer
At Dolman Law Group, our experienced personal injury attorneys have secured favorable verdicts and settlements for our clients against some of the state’s largest resorts. Our focus, as always, will be on maximizing the amount of compensation you can receive.
If you or a loved one has been injured on a resort excursion, contact Dolman Law Group now. The law does impose deadlines on bringing lawsuits and you should act quickly to protect your legal rights. To help identify whether you have a right to recover for your injuries, we offer potential clients a free consultation and case evaluation, which you can request by calling 727-451-6900. Alternately, you can fill out our online contact form.