Miami Personal Injury Lawyer Blog
When the rest of the US falls into a deep freeze around the holidays, it is no surprise that sunny locales are top destinations from Thanksgiving through the New Year. The Traveler reports that Florida ranks #1 for travel in 2025, with more domestic visitors than any other state. This holiday season will surely reflect that trend.
Unfortunately, accidents happen during vacations just as frequently as at home when property owners are negligent. Hotels and resorts owe a specific duty of care to their guests, known as premises liability. A Miami resort accidents attorney can help you hold a careless business accountable, but you can support your rights with a few tips on what to do.
Document the Scene: Crucial Post-Accident Steps
After a resort accident, your first priority is your health. However, if you are able, gathering evidence at the scene is essential for any potential claim. Therefore:
- Take numerous photographs of the scene.
- Capture the surrounding area, showing hazards, warning signs, or the lack thereof.
- Get contact information from witnesses.
- Report the incident immediately to resort management.
Nonresident Medical Care and Insurance for Injuries
As a visitor, obtaining prompt medical attention is critical for both your recovery and your case. Make sure to see a local doctor or visit an emergency room before departing Miami. Medical records created immediately following the incident provide powerful, objective evidence linking the accident to your injuries.
Miami Hotel and Resort Liability for Visitors
Premises liability duties require resorts to maintain safe property conditions and warn guests about known hazards. Proving negligence can be complicated because the property owners may claim the hazard was “open and obvious” as a defense. A successful claim requires proof that the Miami resort either caused the dangerous condition or knew about it and failed to fix it.
Florida’s Statute of Limitations for Vacation Injury Claims
State law strictly limits the time you have to file a personal injury lawsuit via a statute of limitations. This deadline applies to most negligence cases in Florida, and it is two years from the date of the accident. This is a hard deadline that applies to everyone, including nonresidents injured on their holiday. Failing to file a claim within this period means losing your right to compensation forever.
Hire a Local Miami Resort Accidents Lawyer for Your Case
Florida’s unique legal system is challenging when you hail from another state or country. A local Miami personal injury lawyer understands the local court rules, has established relationships with local investigators and experts, and knows how specific Miami resorts and their insurance carriers handle claims.
Our attorneys at Gerson & Schwartz, PA, are prepared to handle discussions with the insurer, file your lawsuit, and coordinate your case while you are recovering at home. We will fight to secure the maximum compensation you are entitled to under Florida law, so please call (305) 371-6000 or visit us online for a free case review. We can meet with you at our offices in Miami, Fort Lauderdale, or West Palm Beach, or consult via phone.
