Articles Tagged with Premises liability

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Following a $35 million renovation, La Concha in Key West has recently joined Marriott’s “Autograph Collection,” a signifier of upscale properties within the Marriot International portfolio.

The 160-room hotel, formerly known as Crowne Plaza La Concha, was under construction since at least October of last year and now features a refurbished bar, hotel lobby and restaurant. Included in the renovation were upgrades to the outside of the hotel, rooms, the pool area and meeting spaces.

While the addition of an upscale lodging property is a positive development for Key West’s thriving tourist economy, which welcomes millions of visitors annually, guests should remain cautious.

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A summer chock-full of dangerous floods, prompting iterations of the famed “Florida man” floating down city streets in a canoe to gain traction online are not the only threats to the state during hurricane season.  

Hurricane season lasts from June until November each year and while Floridians may poke fun at the situation online, there is always the potential risk of an upcoming storm during these months. The latest system inching near the coast is expected to become Tropical Storm Ernesto, if it continues to gain strength, according to meteorologists with the National Weather Service

Puerto Rico, the Virgin Islands and more than a dozen other islands in the Caribbean are under a tropical storm warning as of Monday as forecasters continue to monitor a system strengthening over the Caribbean. The system, which, if it continues to gather strength, could become Tropical Storm Ernesto, is expected to bring increased rain and flash floods to the islands. 

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Justin Shapiro and Leesfield & Partners attorneys successfully recovered over $700,000 in settlements on behalf of their clients who sustained lower limb fractures. In both cases, our clients were guests at separate Key West hotels, and both fell victim to the hotels’ failure to warn and failure to adequately light concealed steps.

In the first case, Partner Justin Shapiro established that the concealed step was not only dangerous, but illegal for violating the 1992 Florida Building Code. Furthermore, the hotel failed to make the dangerous step “readily apparent” or to provide a handrail which was a violation of the NFPA Life Safety Code. Lastly, to add insult to injury, the hotel left its guests at the mercy of an illegal and dangerous step by not even warning them of the dangerous condition. Under such circumstances, it was beyond foreseeable that guests would fall and sustained life-changing injuries.

In the second case, Leesfield & Partners attorneys faced similar code violations, but our investigation also showed that the hotel owners did not just fail to address a dangerous condition, and actually created it. Attorneys with the firm established that the previous hotel owners had remedied the dangerous condition by adding adequate lighting which warned guests of the step down. However, when the new hotel owners took over, they made the decision to remove the lighting but failed to address / remove the underlying dangerous condition. All of this came into evidence via deposition of the previous owners and as a result, the hotel swiftly settled the lawsuit.

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