Attendees of the 19th Annual Florida Keys Seafood Festival should bring out stretchy pants for the celebration this weekend presented by the Florida Keys Commercial Fishermen’s Association.
The family-friendly festivities are set to begin at 11 a.m. Saturday, Feb. 15 at Key West’s Truman Waterfront Park. On the menu includes freshly caught seafood from local fishermen like spiny lobster, Key West pink shrimp, stone crab, fried local fish and more. The fish will be used in signature dishes prepared by the fishermen and their families like smoked fish dip with crackers, lobster bisque, conch chowder and fritters. Other cookout favorites like hot dogs, burgers, and Key West’s signature Key lime pie will also be available to order.
What Can Go Wrong?
At Leesfield & Partners, we understand that festivals can be an exciting and memorable experience, however, large crowds and activities involved also pose significant risks. From neglecting to ensure proper lighting in a stairwell to a botched fire performance that accidentally burns an audience member, there are so many things that can go wrong.
The latter is a situation known to dancers and fire spinners who perform nightly at Key West’s famed Mallory Square. The tradition of dancers and performers beguiling passersby in Key West’s Sunset Celebration event is a tradition that is over four decades in the making in a city where Leesfield & Partners has one of three Florida offices. These performers can often be seen enthralling tourists and sunset chasers alike at the waterfront plaza. However, in recent years, the fire spinners had to replace their flames with LED lights following a ban on their torches, hoops and staffs.
This decision was made following a “newcomer” whose hand caught fire in the middle of his performance at the plaza. As he attempted to shake off the flames, a Cutler Bay tourist was caught in the fray and was burned, according to reporting from WLRN.
The fire performer in that instance allegedly had an extinguisher with him that day but panicked. He threw himself at the tourist to smother the flames and, when that didn’t work, flung the both of them over the seawall and into the water to put out the fire. The woman had a minor burn that was two inches in diameter on her back following the incident.
Leesfield & Partners
At Leesfield & Partners, we are committed to helping victims of negligence navigate the judicial system and secure the best possible outcome for clients. With nearly five decades of experience litigating cases such as motor vehicle accidents, medical malpractice and premises liability, Leesfield & partners attorneys have developed cutting edge trial techniques to help clients injured due to the negligence of a corporation, group or individual. The firm has been recognized by organizations throughout Florida and nationally for its work, earning distinctions and titles such as The Best Lawyers in America, Florida Legal Elite, South Florida Legal Guide and Super Lawyers.
Our attorneys are tenacious, aggressively pursuing the best possible outcome for clients in some of the most challenging cases. In a recent premises liability case in which a father was severely injured at a vacation rental property, Leesfield & Partners secured a record amount for the man’s injuries. This was after the case had previously been turned down by two other law firms.
In the end, Partner Justin B. Shapiro, secured a $1.8 million settlement.
In another premises liability case handled by the firm, this time involving the severe ankle injury of a mother and special education teacher at a Florida townhome community, Mr. Shapiro secured a $525,000 settlement.
The woman was an avid walker and active teacher before her fall on an unstable paver at the community caused her to shatter her ankle in three places. The devastating injury was categorized by doctors as being one of the “most severe and gruesome” that can occur.
Evan Robinson, a Trial Attorney at the firm, secured a $300,000 settlement for a man who fell in a Florida resort’s bathroom, shattering his wrist. After the fall, the man required painful reconstructive surgery. The resort in that case did not upkeep its bathroom in a safe condition, allowing it to fall into such a state of disarray that it was nearly flooded and was littered with towels and debris the day of the man’s fall.
Another premises liability case handled by Mr. Robinson involved a tourist who fell on non-code-compliant stairs at a vacation rental where the property owner had installed a decorative boat oar as a stair railing. The client was awarded $350,000 in that case.
A Marathon, Florida, woman who was at her community’s pool broke her hip after a fall when she was bit on the hand by a neighbor’s pet bird. This is allegedly not the first time that the bird has attacked someone on the property. That case is ongoing and is being handled by Eric Shane, a Trial Lawyer at the firm.
Premises Liability
In Florida, event organizers have a legal obligation to protect the safety of their guests. This responsibility is grounded in premises liability, a legal principle that holds property owners or organizers of events accountable for maintaining a safe environment for those who enter their premises. This duty extends to ensuring that the location of the event is reasonably safe and free from hazards that could lead to injury.
Under Florida law, event organizers must take proactive steps to eliminate or mitigate any risks associated with the venue. These risks can include hazardous conditions such as slippery floors, broken equipment, exposed wires, or poorly lit areas that could lead to injuries. The Florida Premises Liability Act, Florida Statutes, § 768.0755, requires that property owners, management companies and event organizers alike take reasonable steps to maintain the safety of the property.
In addition to maintaining the venue, organizers must carefully assess the venue’s carrying capacity and avoid overselling tickets. State law requires that a Florida event space does not exceed its safe occupancy limit. Organizers should ensure that the venue’s design and crowd control measures can handle the expected number of attendees, without creating unsafe conditions like overcrowding.
On the day of the event, organizers are further responsible for employing qualified security personnel who can manage crowd flow, prevent potential threats and respond to emergencies. In addition to security, the event organizers should have trained medical staff, such as paramedics or nurses, on-site to handle health-related emergencies, such as heart attacks, seizures or other medical crises.
It is also common for festivals to involve third-party vendors such as food trucks, merchandise stalls or performers. Event organizers must ensure these vendors meet all necessary health and safety regulations. Florida law places a duty on organizers to prevent foreseeable dangers, and failure to monitor and enforce vendor safety standards could expose them to liability. If a vendor’s negligence results in injury to an attendee or ticketholder, then the organizer could face legal ramifications for failing to properly screen or oversee their third-party contractors.
Failure to follow safety guidelines could result in significant legal consequences for event organizers. If an injury occurs as a result of negligence — such as failing to address a dangerous condition or inadequate crowd control — the injured party may file a premises liability lawsuit with a personal injury law firm like Leesfield & Partners. That law firm would then need to prove that the organizer owed a duty of care, breached that duty and caused harm through their negligence.
If successful, then the event organizer in that case could be responsible for damages such as medical costs, lost wages, pain and suffering. By taking the necessary precautions and addressing potential risks, event organizers can help prevent injuries and minimize exposure to liability.