What is a Miami Resort’s Duty to Protect Against Criminal Activity?

South Florida has always been a popular destination for tourism, but you might be surprised to learn how the figures have increased in recent years. According to the Greater Miami Convention and Visitors Bureau (GMCVB), more than 26.5 million visited the Miami area in 2022, including 19.2 million overnight visitors. This rise represents an increase of 2 million visitors over 2021, as people are drawn to the region for business trips and vacations.

Because of the year-round warm temperatures, sun, and beaches, many visitors are attracted to the all-inclusive properties, luxury accommodations, and other resorts. These gorgeous, lavish hotels offer all the amenities, so you might overlook the fact that some may be shirking their responsibilities regarding safety. Criminal activity is common in a large city, and resorts must protect guests. You should discuss your remedies with a Miami resort accident lawyer if you were injured in a criminal incident because operators do have responsibilities.

Duties of Resorts and Hotels

The owner of the property or business is obligated to keep the space safe under Florida premises liability laws, which are based on negligence. The property owner or operator could be liable for not using reasonable care to maintain a space that is free from foreseeable hazards. These dangers often include puddles on the floor, loose electrical wiring, or broken stair railings.

In addition, criminal activity in and around a resort is a hazard to guests. The operators must implement appropriate measures to protect them, such as:

  • Installing security cameras;
  • Hiring guards to patrol the premises and areas around the resort; and,
  • Preventing unauthorized access through locking gates, doors, and windows;

Criminal Activity Puts Guests at Risk

Miami sees its share of crime, so criminal activity is foreseeable throughout the city. If resorts do not comply with their duty to protect against crime, guests are subject to the following:

  • Assault and aggravated assault;
  • Assault with a deadly weapon;
  • Robbery, purse snatching, and strong-arm robbery;
  • Carjackings; and,
  • Sexual assault and rape.

Damages for Resort Torts

The injuries from these attacks can be severe, sometimes fatal. Fortunately, you have rights when a resort operator fails in the duty to maintain a safe space, including hazards related to criminal activity. You can recover for all medical treatment, including emergency care, surgery, hospitalization, and rehabilitation. Care from mental health professionals is also covered since an attack is psychologically harmful.

You may also qualify to obtain amounts for damages that affect your quality of life. Losses for pain and suffering, emotional distress, depression, fear, and anger are part of your noneconomic damages.

Talk to Our Miami Resort Torts Attorneys About Your Options

Operators of all overnight accommodations have a duty to protect guests from criminal activity, from the luxury resort to the motor inn. If you were hurt because a resort failed in its responsibilities, please call (305) 371-6000 or go online to reach Gerson & Schwartz, PA. We can set up a free case evaluation at offices in Miami, Fort Lauderdale, or West Palm Beach, FL.

Florida Justice Association
The National Center for Victims of Crime
outh Florida Legal Guide
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