Leesfield & Partners has filed a case on behalf of a woman who attempted to lie down on an improperly installed and inadequately maintained hammock at a Key West resort. The hammock flipped her and sent her head-first to the ground, resulting in a severe spinal cord injury.
Not only was the hammock improperly installed and negligently maintained—a defect that has left the resort’s guests vulnerable to injuries of this sort—but the resort failed to remedy the defect or warn people about the risks associated with the use of the hammock.
As a result of this horrific and preventable incident, our client was severely injured and required invasive surgery. A year later she continues to suffer daily pain due to this incident.
The ongoing case is being handled by Partner Justin B. Shapiro and Evan Robinson, a Trial Attorney at the firm.
Leesfield & Partners in Key West
Leesfield & Partners is a firm with nearly five decades of experience litigating cases throughout Florida. The firm has a considerable history in Monroe County, especially in Key West. In fact, Ira Leesfield, the firm’s Founder and Managing Partner, tried his first case in Key West as a young attorney just three years before opening Leesfield & Partners in 1976. Following many years of success, Mr. Leesfield purchased and restored an old cigar factory on historic Whitehead Street and transformed it into the firm’s Key West office. Later on, this office would be recognized by the Florida Bar Association with their “Historic Building Renovation Award” for design. This is one of two distinctions from the Florida Bar Association bestowed to Leesfield & Partners. The other, the “Award of Honor” for design, went to the Leesfield & Partners’ Miami office.
Since the 1970s, the firm has secured numerous record verdicts and settlements for Monroe County clients. Some historic cases include an over $40 million award involving negligent security at a Key West resort hotel. In this case, a crazed individual entered the unlocked hotel parking garage and wandered around unencumbered by security before encountering our client. He then attacked her with a hammer, causing horrific injuries to her face and head. A confidential settlement was reached with the hotel the night before the verdict was handed down against the remaining defendant, making this the largest verdict in Monroe County history.
Another significant case handled by the firm involves an Iowa family who were staying at a Key West hotel when a damaged roof vent allowed carbon monoxide to leak into their room. The family breathed in the toxic, odorless and colorless gas but were able to call for help. And they were not the only guests affected. This case, handled by Mr. Leesfield, caught nationwide attention and resulted in the passage of Florida legislation.
Today, public lodging places must be equipped with carbon monoxide detectors near sleeping areas in order to protect guests from this prevalent danger. This duty of care is placed on public lodging establishments such as hotels, motels and Airbnbs and refers to the legal principle of premises liability. Under this principle, corporations and property owners have a duty of care to ensure the safety and well-being of their guests.
What is Premises Liability?
As stated above, premises liability refers to a property owner or management company’s responsibility to ensure that their guests are safe from harm. This means they must maintain the property in a safe, working condition. If the property has an issue, such as a loose stepping stone, these entities have a responsibility to address the issue in a timely manner and notify or warn guests and other invitees about the possible hazard.
If a hazard, such as a loose stepping stone, is not addressed and someone is injured, then the injured party may be able to make a claim. This was the case for a Leesfield & Partners client who stepped on a paver at a townhome community in Florida and shattered her ankle in three places. The injury was among the “most severe and gruesome … known to medicine,” according to official court documents. In that case, Mr. Shapiro obtained a $525,000 settlement for the schoolteacher and avid walker in that case.
Previous Premises Liability Cases
Previously, Leesfield & Partners obtained a $7 million settlement for a 35-year-old client who suffered a tragic spinal cord injury that left him paralyzed from the shins down. In this case, our client was visiting a friend’s apartment when he fell from the second-story balcony due to a faulty railing. The railing was an issue that was well-known to the building’s landlord who ignored multiple complaints from tenants, regularly violated building code and failed to hire a licensed contractor.
The result in this case was $6 million over the apartment building’s $1 million liability insurance policy.
In another case involving paralysis following an incident in a premises liability case, the firm obtained over $5 million for an injured client.
More recently, Mr. Shapiro obtained $1.8 million for a man who shattered his hip at a Florida vacation rental.
In a concussion case that occurred at a building, the firm secured over $1.4 million for the injured client.
A tragic premises liability case involving a wrongful death at a treatment center, Leesfield & Partners obtained $1 million for the grieving family.
A case involving our client’s fall at a hotel was resolved with a $1 million recovery amount.
The firm obtained a $900,000 recovery amount for a client involved in a premises liability accident who sustained brain damage.
In a slip and fall at a fast food restaurant, the firm recovered $799,000 for an injured client.
Mr. Robinson secured a $350,00 settlement for a woman who shattered her hip at a popular Florida tourist attraction.
In a separate premises liability case, Mr. Robinsons obtained $350,000 for a client who fell down a non-code-compliant staircase at a rental property.
Another premises liability case was settled for $300,000 by Mr. Shapiro and Mr. Robinson for a client who fell in the bathroom at a Florida resort, significantly injuring his wrist.