MIAMI LAW FIRM SHARES INSIGHT FOR STAYING SAFE DURING SPRING BREAK AND WHAT TO DO IN THE EVENT OF AN ACCIDENT THAT RESULTS IN PERSONAL INJURY, DAMAGES, OR LOSSES.
- HURT DURING SPRING BREAK IN MIAMI AND NEED A MIAMI LAWYER?
- INVOLVED IN AN AUTOMOBILE ACCIDENT DURING SPRING BREAK?
- VICTIM OF NEGLIGENCE OR WRONGDOING DURING SPRING BREAK?
- HOW CAN HOTEL MANAGERS AND PROPERTY OWNERS BE LIABLE FOR ACCIDENTS?
- DO YOU NEED A MIAMI LAWYER AFTER A SPRING BREAK ACCIDENT?
- WHAT WILL SPRING BREAK BE LIKE THIS YEAR?
The Personal Injury lawyers at the Perazzo Law Firm understand that accidents and mishaps during Spring Break in Miami are practically inevitable given the excessive consumption of alcohol and drugs among the thousands of spring breakers flocking to South Florida this week. Despite curfews, the COVID pandemic, and warnings from the CDC, college students from neighboring states are arriving in hoards to partake in festivities with their peers. Sadly, not all of them will wrap-up the week unscathed, as traffic accidents, slip and fall accidents, pedestrian accidents, and even criminal activity await careless, out of control, or even unsuspecting spring breakers.
However, many personal injury accidents can be adverted by taking the necessary steps towards avoiding them. For example, drunk driving can be adverted if vehicle operators opt for an Uber or other rideshare service. Preventing excess consumption of alcohol or limiting the use of narcotics can prevent accidents such as slip & fall accidents, which are quite common. Fortunately, not all spring break accidents can be attributable to an individuals rowdiness or uncontrollable behavior. In many cases, a property owner or business operator can be held accountable for the personal injuries that a spring breaker suffers. For example, the business operator of a bar may be held liable for a patron’s personal injuries if that business operator was negligent in serving the patron more alcoholic beverages when that patron was obviously drunk. Furthermore, if that business operator is aware of this fact, and allows that patron to get behind the wheel of a motored vehicle, he/she may be held liable for that intoxicated patron’s actions.
With many Miami businesses trying to recover from the COVID-19 pandemic, the Spring Break crowds could bring a sigh of relief. Sadly, with all the growing concerns over the new COVID outbreaks and the CDC’s warnings of a 7% surge in cases across the U.S., this spring break could be a flop. Despite the advisory warnings and an expected 8 p.m. curfew in place by the local authorities, hoards of crowds and out of town motorists have been pouring into the city for the spring break festivities, which are expected to run until April 12th.
COMMON SPRING BREAK ACCIDENTS IN MIAMI
TRAFFIC ACCIDENTS: Car accidents top the list when it comes to the most frequent kinds of accidents that occur during spring break in Miami. With one out of every three vehicles having out of state plates, this makes for a lot of drivers unfamiliar with Miami avenues, highways, and streets. When motorists are unfamiliar with, or have little experience driving in Miami, the vast number of roadways with confusing layout of onramps, offramps, and intersections, can result in an accident that leads to drivers and passengers suffering personal injuries. When alcohol is added to the mix, drunk driving accidents during spring break are almost inevitable. In Miami, the Perazzo Law Firm strongly recommends that motorists that have consumed alcohol, refrain from getting behind the wheel of their motor vehicle. Instead, they should hire an Uber or other rideshare service to take them to their destination. Just a reminder that Drunk Driving is a criminal offense and if found at fault for an accident, the drunk driver’s insurance provider may not cover the accident victim’s injuries and medical expenses. In other words, save yourself a lot of legal troubles by taking an Uber, Lyft, Cabify, or a taxi.
CAN A BAR OR PUB BE LIABLE FOR A CUSTOMER GETTING TOO DRUNK AND SUFFERING AN ACCIDENT?
LAST CALL FOR ALCOHOL!!
Spring break crowds & tourists may be in for a surprise when going for a drink after two a.m. throughout March. A 2 a.m. last call is what the Miami Beach Mayor is pushing for during spring break at popular places in & around Miami Beach. These areas would include hot spots like Ocean Drive & Collins Avenue among others. At present, last call for alcohol at Miami Beach pubs and bars stands at just before sunrise at 5 a.m. The 2 a.m. last call law will be voted upon this Wednesday and if passed, go into effect March 6th and last until March 23rd and apply to the sale of alcohol to be consumed at restaurants, outdoor cafes, bars, and clubs. The last call measures aim to lower the risk of incidents which may lead to aggressive or negligent behavior by the spring break festivity partakers. The proposed law is highly favored by Miami beach residents, who sometimes fall victim to the negligent behavior stemming from the irresponsible sale of alcohol to spring breakers. However, the 2 a.m. last call measure is somewhat frowned upon by Miami Beach businesses like hotels, bars, restaurants, and entertainment events. Operators and owners claim it hurts business and discourages tourism. At present, those wanting to purchase beer or wine at supermarkets and convenience shops can do so until 8 p.m. throughout the Miami Beach entertainment district. Many times it’s not bars and restaurants where rowdiness happens but rather at the beach when Spring Breakers take six packs and kegs to the sands by the breaking waves of Florida coast.
ALCOHOL AND PREMISES LIABILITY
The sale and consumption of alcohol at public establishments requires a certain degree of responsibility by the two parties involved in the drink: the consumer and the supplier. So, what happens if a bartender serves a customer a drink after last call? That all depends on what happens next and the condition of the customer at the time of the post last call drink. In scenario one, the customer leaves the establishment and drives safely home. In scenario two, the customer takes to the wheel and gets into an accident. The driver receives a DUI and says the last drink took place at 2:30 at a bar. Apart from the DUI, the collision cause injury to the other driver and passengers, as well as damage to both vehicles. The insurance providers of the accident victims and their personal injury lawyer will come after the legally drunk driver for compensation for injuries, damages, and losses. In this scenario, a personal injury lawyer is what the person that bought the drink after last call may need to save any assets they have left after an accident in Miami Beach.
Business operators selling alcohol in public spaces need to take legal measures to help safeguard against harmful acts that may come from negligent distribution and consumption of alcohol. Security and safety for customers and workers apply when troubles arise from irresponsible drinking which can lead to aggressive behavior and result in injury, damages or losses.
In Miami, the Perazzo Law Firm serves individuals that fall victim to negligence by business operators or insurance providers for compensation from injuries, damages or losses as a result of an accident in Miami Beach during Spring Break.
THE PERAZZO LAW FIRM – DEDICATED TO PUTTING YOUR INTERESTS FIRST, ALWAYS!
SLIP & FALL SITUATIONS: It’s common for individuals that have consumed a considerable amount of alcohol or drugs to lose their balance and fall. Sometimes, these falls can result in a bump or bruise, but other times, falls can result in serious personal injury. According to common sense, it’s nobody’s fault that a person drank too much and fell. However, a business operator or property manager owes a duty to customers or guests to make sure any foreseeable dangers are attended to. This may include slippery or soiled walking surfaces, broken or loose handrails on staircases, and even proper warning signs of potential dangers in certain areas such as swimming pools. In hotels, for example, where many spring breakers will stay, the hotel manager must take special care to prevent such accidents by attending to areas in which an individual may be prone to suffering an accident. The swimming pool area is one of the most dangerous for spring breakers, especially at night and when under the influence. Not only are slip and fall accidents common in swimming pool areas, but also drowning is a quite common accident. Hotel managers must provide proper safety measures and take any necessary precautions to prevent accidents in the swimming pool area. This can include closing off the swimming pool area, assigning extra security personnel, posting warning signs, and/or implementing a surveillance system of cameras to oversee any situations that result in an accident.
PREMISES INJURIES AND INSURANCE CLAIMS: As previous stated, business operators owe a duty to customers to provide safe surroundings and take measures to prevent accidents from happening.
Premises Liability protects shoppers and business patrons against situations which may cause personal injury to them or anyone else. Commercial establishments and private residences must be safe for those that enter these premises, thus any injuries incurred by individuals may hold grounds for a premises liability accident claim. The customer’s injuries and the time it takes for him/her to obtain medical care is costly, regardless if the accident victim had to cover costs on treatment or experienced lost wages from failing to go to work. The Perazzo Law Firm reminds accident victims that any permanent injuries sustained as a result of another’s negligence can legitimately file a compensation claim.
Kinds of Premises Liability Accident Claims and Situations:
- A person suffers a slip, trip, or fall inside a bar because there was something slippery on the floor.
- A person tumbles or trips down the steps because of a loose handrail.
- A malfunctioning escalator causes someone to fall.
- A bartender serves a customer too much alcohol and then allows the customer to drive and an accident occurs.
- A poorly maintained electrical device causes an individual to be electrocuted.
- An overhanging object falls on someone’s head and causes injury.
- Someone drowns in a hotel swimming pool.
- There was no security personnel present to deter a crime.
- No warnings signs were clearly posted to prevent an accident.
The Perazzo Law Firm has vast experience fighting for client’s rights after suffering personal injury on public or private premises. We provide our clients with full-service representation and handle every aspect of the Premises Liability claim. Our professional personal injury staff is ready and committed to helping our personal injury clients focus on recovering from their personal injuries while we focus all possible resources on handling the full scope of the legal matters that a Premises Liability case entails.
PEDESTRIAN ACCIDENTS: Crossing at busy intersections or even on quite street corners can be dangerous when drunk drivers are behind the wheel during spring break. Pedestrians are always at high risk when crossing given that Miami is one of the most dangerous cities in Florida for pedestrians. Residents are advised to stay off the streets during spring break, especially at night, when most spring breakers engage in out of control drinking and rowdiness. It’s common for drunk drivers to get into accident and this has become an even greater threat to pedestrians given the combination of negligent cellphone use by motorists. In Miami, the Perazzo Law Firm suggests the following safety precautions:
- Avoid walking in poorly lit areas
- Avoid wearing only dark colored clothes
- Avoid crossing in the middle of the block
- Look both ways before crossing even if you have right of way and a green light
- Refrain from using your cellphone when crossing
- Cross at crosswalks but stay alert to oncoming traffic
RESTRICTIONS IN EFFECT FOR SPRING BREAK 2021
- 8 p.m. curfew for Miami Beach, Florida
- Masks must be worn.
- Restricted travel by the CDC
- State of emergency declared by Florida officials to control the spread of COVID-19
Though seen by many as an effective proposal to control crowds and prevent chaos, business operators consider these restrictions as unfair, especially after having struggled financially for over a year to keep their businesses afloat. Thus far, the Miami Beach police have taken over 1,000 people into custody and cited 50 people. Miami’s 8 p.m. to 6 a.m. curfew may last as long as three weeks to prevent the spread of COVID-19 and keep accidents and crime to a bare minimum during spring break.
WHEN SHOULD AN ACCIDENT VICTIM CONSIDER FILING AN INSURANCE CLAIM?
An accident victim should consider filing an insurance claim following a situation that causes bodily harm, property damages, or financial losses. Regardless, treating personal injury and covering medical costs after accident situations like car accidents, a slip and fall incidents, or pedestrian accidents may exceed your insurance policy’s deductible amount. In other words, your deductible may fail to cover financial expenses. When this happens, filing an insurance claim is a must. If your losses surpass your deductible and you can’t cover expenses or losses, an insurance claim through a personal injury lawyer is needed to help receive the compensation the accident victim deserves. Unfortunately, most insurance providers may increase your premiums if they are legally entitled to payout or compensate for the accident victim’s losses. Jonathan Perazzo points out that insurance companies are in the business of making money, not spending it.
The Top Three when it comes to determining if to file an insurance claim:
- After an accident or situation that results in bodily injury: breaks, cuts, fractures, sprains, strains, head, back, and more
- When it is difficult to determine fault for an accident or situation that results in personal injury, damages, or losses
- When your losses exceed your insurance deductible
In Miami, the Perazzo Law Firm urges Miami residents to stay off the streets when possible and to take added precautions when driving, bike riding, and walking during this spring break. Furthermore, Miami residents that fall victim to negligence or wrongdoing, should contact Jonathan Perazzo, personal injury attorney and founder at the Perazzo Law Firm, for a FREE initial consultation to discuss a possible insurance claim for compensation for injuries and to cover medical expenses.
THE PERAZZO LAW FIRM – DEDICATED TO PUTTING YOUR INTERESTS FIRST!
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