Premises Liability

Published on: July 7, 2015

Drowning incident at Jungle Island in Miami

Earlier today at Miami’s Jungle Island, a 7-year-old child, who was on a field trip with his summer camp, nearly drowned on Jungle Island’s beach front. According to early reports, the children were playing in the water when suddenly a lifeguard saw a child dropping under water. He quickly came to the rescue of the child and administered CPR on the beach.

Miami Department Fire Rescue Captain Ignatius Carroll did not identify the child by name, but did share that the parents had been informed of what happened. The child was emergently transported to the Pediatric Unit at Jackson Memorial Hospital in cardiac arrest.

The latest report available stated that the young child was in stable condition at this time.

Published on: April 16, 2014

Tivoli Park Management is to blame for drowning of twin toddlers say residents

By Leesfield & Partners

Last week, two year-old twin sisters Harmony and Harmani West tragically drowned in the swimming pool of their apartment complex, Tivoli Park, in Deerfield Beach, Florida. Since the incident, while the parents are attempted to cope with their brutal and unfair loss, residents and neighbors have clearly and unequivocally placed the blame on the management company for the family’s loss.

“The doors don’t lock.” Residents said in no uncertain terms that the door and gate to the pool is always open. Lou Pena, a fellow resident at Tivoli Park told police and news reporters that the pool door “never locks. Anyone can go in whenever they want I don’t blame a little child for wandering in it was going to happen sooner or later.”

As discussed last week in our first entry on this tragedy, Florida Law imposes that residential swimming pools be fenced in. At the time of passage of the new law, drowning was the leading cause of death of young children in the state of Florida. The Legislature received testimony of experts throughout the legislative process confirming that constant adult supervision is the key to accomplishing the objective of reducing the number of submersion incidents, and that when lapses in supervision occur a pool safety feature designed to deny, delay, or detect unsupervised entry to the swimming pool will reduce drowning incidents.

Published on: April 9, 2014

Broken lock on swimming pool fence of Deerfield Beach complex leads to the fatal drowning of two twin toddlers

By Leesfield & Partners

Harmani and Harmony West were just 2 years old, yesterday in Deerfield Beach, they drowned in the pool of the apartment complex in which they lived with their mother. The apartment complex, Tivoli Park, has 6 pools and spas according to their website, all of which are gated with a locked door to prevent these exact incidents to occur. Witnesses did tell authorities that the lock on the pool in which the two small children drowned was broken and did not prevent the toddlers to gain access to the water.

According to the responding officers, a couple visiting from North Carolina who was staying at Tivoli Park noticed a girl floating in the pool as the man made its way to the hot tub. He jumped in the pool and dragged the girl’s body out of the pool as quickly as he could. The woman then noticed a second body. The couple called 911 and efforts to resuscitate were undertaken aggressively performed by CPR. One of the girl was taken to Broward Health Medical Center by ambulance, the other by air, but later that night, both girls were pronounced dead at the hospital.

The early investigation of the officers has shown that somehow the twin girls had somehow been able to exit their apartment and walked to the pool area. The pool was gated, but the lock on the gate was broken and the girls ended up in the pool.

Published on: February 27, 2014

Unsafe and neglected balcony railings lead to fall and catastrophic injuries

By Leesfield & Partners

A month after falling off the balcony at a North Bay Village apartment complex, Jimmy O’Reilly is still at Jackson Memorial Hospital. Critically injured, it is still unknown whether Jimmy will be able to walk again.

In its on-camera investigation, Local 10 asked the same questions attorneys with the firm have been asking; Where were the owner and the property manager? Why were the balconies and railings never fixed despite numerous complaints by multiple tenants?

“This was a recipe for disaster. You have an absentee owner and a property manager that was indifferent to the tenant complaints. Owners and managers must be responsible for maintaining their property. When they are not, and good people are gravely injured, it is our job to hold them accountable to the fullest extent the law allows” attorneys with the firm said.

Published on: June 11, 2012

Injury to Canadian tourists caused by lack of illumination in private parking lot

By Leesfield & Partners

A landowner owes two duties to its business invitee: (1) he must use reasonable care to keep his premises in a reasonably safe condition; and (2) he must give the invitee warning of concealed perils which are or should have been known to him, and which are unknown to the invitee despite the exercise of due care. Furthermore, a landowner is liable for injuries caused by inadequate lighting in that the lighting failed to show the true size, shape, and height of curbing over which patron tripped.

Recently, Leesfield & Partners resolved a personal injury claim on behalf of a Canadian tourist who sustained massive facial injuries when he tripped and fell face-first on the corner of a sidewalk in Palm Beach County. The incident was caused by the lack of illumination, which at the time, should have been in operation.

A local ordinances provides in part that minimum-maintained lighting shall be provided from dusk until thirty (30) minutes after the termination of business each operating day. According to records from the ambulance company and testimonies gathered from the witnesses, the incident occurred well after duck, at a time where multiple lighting poles should have been in operation. There were not.

As a result, this Canadian tourist, who was unfamiliar with the premises at dusk, tripped over an unlit obstacle and fell forward. He sustained multiple fracture to his nose and orbital bone which have caused life-altering and debilitating changes in his life, and personality. This claim was recently resolved before trial for $262,500.

The aggressive representation by Leesfield & Parters allowed to establish multiple failures on behalf of the defendant owner including:

Failure to provide adequate lighting to the premises so as to ensure the safety of business invitees

Failure to inspect the premises regularly and to maintain the premises so as to protect business invitees from encountering dangerous and hazardous conditions

Failure to inspect the lighting and lighting poles of the premises regularly

Violation of multiple local ordinances and Florida Statutes requiring minimum0maintained lighting at certain hours of the day

Published on: January 9, 2012

Students Hospitalized for Carbon Monoxide Poisoning in New York

By Leesfield & Partners

Each year, an average of 61,000 carbon monoxide poisoning incidents occur in the United States, resulting in more than 30% of victims to be treated for carbon monoxide exposure. More importantly, an estimated 480 people die every year because of the silent killer that is carbon monoxide. (Statistics by the National Fire Protection Association can be found here)

This past weekend in New York, forty-two students residing on the Long Island, New York campus of the U.S. Merchant Marine Academy were hospitalized and treated for carbon monoxide poisoning after the gas leak was found after 9 p.m. Sunday night. When the gas leak was discovered, students and residents of the Academy’s Barry Hall were asked to evacuate the building – a total of 150 students were evacuated as a precaution without incident.

The law firm of Leesfield & Partners and our carbon monoxide attorneys are all too familiar with carbon monoxide poisoning incidents and their catastrophic effects on poisoned victims. Recently, Ira Leesfield and attorneys at Leesfield & Partners represented over a dozen families who had been exposed to carbon monoxide during their stay at a Key West Resort. That incident resulted in the wrongful death of a young man and injuries to several other guests. The investigation led by the Florida Division of State Fire Marshal noted in its report that two of the boilers of the resort had not been inspected where in Florida, boilers of that size and type were required to be inspected every two years. The failure to have these boilers inspected prevented the resort from discovering clear evidence of soot accumulating on the outer part of the shroud that covers the burners, as well as soot found along the bottom wall, floor and behind the boilers.

Investigators also determined that there was a large 90-degree elbow aimed towards the east into the prevailing winds on the roof. This alteration caused a back draft down the exhausting vent preventing the proper exhaust of carbon monoxide. Therefore, as the back pressure increased in the exhaust pipe it reduced the availability of oxygen to the burners causing an incomplete combustion at the burner level. It turned what would normally be a blue flame into a yellow-orange flame causing the creation of carbon monoxide and soot/smoke. This in turn caused an excessive amount of carbon monoxide build up in the boiler room.

To further compound the problem, the carbon monoxide could not escape the boiler room due to the boarding up of the louvers on the boiler room doors, which were designed to permit proper air circulation. This prevented the complete combustion from occurring and prevented the escape of carbon monoxide. As the concentration of carbon monoxide grew in the boiler room it further prevented ambient air from entering the boiler room. During this time, the furnace continued to consume the remaining oxygen in the boiler room until it self-extinguished causing the boilers to automatically shut down.

After several months of litigation, these carbon monoxide victims entered into a confidential settlement with the resort for their injuries.

More recently, the firm represented students who were exposed to carbon monoxide poisoning while sleeping in a university house. The investigation led by the local Fire Department confirmed that, upon entry, readings taken in the main section of the house showed over 200 ppm of Carbon Monoxide. With such elevated and dangerous readings, the investigation halted to let the ventilation process continue. When it was safe to resume, the investigators found that the exhaust pipe for the gas furnace that was heating the house was not exhausting the carbon monoxide, which led to a gas build up throughout the house.

Because our law firm continues to represent victims of carbon monoxide poisoning, Leesfield & Partners became the voice of Florida victims of CO exposure. Due to the relentless efforts of former Florida Justice Association (FJA) President Ira Leesfield, Senate Bill 1822 was adopted, and became effective July 1, 2008.
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Published on: September 19, 2011

Settlement Reached in Minor Child Pool Entrapment Case in Orlando Resulting in Brain Damage

By Leesfield & Partners

A property owner, such as a Hotel or Resort, has the duty to keep and maintain its premises in a reasonably safe condition to provide for its guests’ safety and prevent any potential incidents. When dangerous conditions are known by the property owner or its employees, the owner must warn its guests of the hazardous condition so as to prevent any risk of injury. The property owner must also remedy, and repair the dangerous condition as soon as possible. When a property owner creates or fails to remedy a dangerous condition, and a guest is injured as a result of the owner’s failure to warn, it can be held responsible for the injuries sustained.

Aljuwon Pipkin, a 14-year-old boy, was a guest at a Hotel Resort in Orlando, Osceola County, with his family. One late afternoon, while playing with his brother in the jacuzzi/spa located on the Hotel’s property, one of the suction grates broke and Aljuwon’s body was pulled under water by the force of the suction drain. Aljuwon’s brother, who was also playing in the jacuzzi, tried to pull his brother, but Aljuwon’s body wouldn’t move. He began yelling for help. Aljuwon’s mother heard her son screaming, as did Aljuwon’s stepfather. They were only seconds from the spa and they both leaped into the water and tried to pull Aljuwon free, to no avail. The mother began screaming as she felt her son jerking in her arms, then her son’s body going limp.

For long minutes, guests and hotel employees attempted to pull Aljuwon free, but the force of the suction was too strong. Others were looking for the jacuzzi’s emergency shut-off switch, but none existed. A guest who witnessed the entire incident asked hotel employees to shut off the suction drain, but they did not know where the switch was. It turned out that the one person in charge of maintaining the spa was already gone for the day and nobody on the premises knew how to operate and turn off the jacuzzi.

At that point, the 14-year-old had been under water for more than ten minutes. That is when a fellow guest began ripping cables connected to the spa, which ultimately caused the suction to stop and allowed Aljuwon’s body to be freed. Paramedics worked on Aljuwon’s body immediately, administering emergency care and cardiopulmonary resuscitation (CPR) to the unresponsive minor child. After several minutes of incessant efforts, Aljuwon was miraculously brought back to life.

Personal Injury Lawyers at Leesfield & Partners sued the Hotel for its negligence in failing to maintain and/or replace the defective grate of the jacuzzi spa which broke when Aljuwon was using the spa. Ira Leesfield alleged that the Resort was responsible for not having installed an emergency shut-off switch which would have allowed Aljuwon to be freed within seconds, not ten minutes too late. Personal Injury Lawyer Carol Finklehoffe alleged that the hotel was also responsible for negligent training of the hotel’s employees who simply did not know how to shut off the jacuzzi’s drainage system.

As a result of the Hotel’s negligence, Aljuwon sustained brain damage requiring life-long medical care. On August 25th, 2011, the Orlando Personal Injury Attorneys at Leesfield & Partners, Ira Leesfield and Carol Finklehoffe, on behalf of Aljuwon Pipkin and his mother, who witnessed the near drowning incident, settled this brain damage claim for a confidential amount with the Hotel Resort Defendant. It is the largest result in a pool entrapment case in Osceola County.
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