Miami Accident Lawyer Blog

June 20, 2011

Sexual Assault Allegations Spark 5th Lawsuit Against Miami Spa

MIAMI, FL— June 20, 2011 – A North Florida woman who claimed she was sexually assaulted by a massage therapist at a Miami spa, who was already being investigated for the alleged sexual assault of two other women, filed a lawsuit against the resort on June 16, 2011. According to information provided by NBC Miami, the accused spa worker was arrested in both February and May after two additional customers claimed to have been sexually assaulted by him while undergoing massages.

Lynn Scruggs, who contended she was groped by a message therapist at Doral Golf Resort and Spa in September 2010, brought on the most recent sexual assault lawsuit. According to the civil suit, 27-year-old spa employee David Munoz was giving Scruggs a body scrub in a private room when he touched her inappropriately.
The lawsuit names Doral Golf Resort and Spa on the basis that the spa allowed Munoz to continue massaging women even though he was being investigated for alleged assaults on two other female customers. When Miami-Dade police officials arrested the spa employee in February, he reportedly told them that he “lost his head” while massaging some women.

The lawsuit alleges that after Munoz touched Scruggs inappropriately, he apologized and pressed her to keep the incident to herself. Though the alleged sexual assault victim has yet to file a criminal complaint against Munoz, her lawsuit against the Doral spa is underway. Reports did not provide details into any of the other four lawsuits pending against the Miami resort.

According to statistics provided by the National Institute of Justice & Centers for Disease Control & Prevention, 17.7 million American women (1 out of every 6 American women) have been victims of attempted or completed rape.

June 17, 2011

Pool Safety Advocates Stress Drowning Risks in Light of Rising Florida Temperatures

by Gerson & Schwartz, P.A.

MIAMI, FL— June 17 2011 – As temperatures continue to rise here in South Florida, adults and children alike will be making their way to swimming pools and beaches as a means of escaping the looming summer heat. While the simple acts of jumping into the ocean or a swimming in a pool have long been a considered some of Florida’s most enjoyable pastimes, the Miami injury attorneys of Gerson & Schwartz urge residents to take extra safety precautions to ensure safe swimming, especially when young children are involved.

According to data provided by the state Department of Health (DOH), during the year 2009, 69 percent of drowning deaths and non-fatal drowning hospitalizations occurred between the months of April and September (spring through summer).

DOH statistics also indicated children between the ages of 1 and 4 are more likely to die as a result of drowning than any other cause of death. For children in that age group, Florida has the highest drowning death rate in the country. Those kids made up 13 percent of the total number of drowning deaths—485—as well as 43 percent of the non-fatal drowning hospitalizations—388— in the state during the year 2009.

By combining all drowning fatalities and non-fatal drowning hospitalizations recorded that year, the Department of Health found that 67 percent of the victims were males.

Furthermore, statistical data suggested that while Florida children under the age of 10 have a higher risk of drowning in a swimming pool, residents above the age of 10 were more prone to drown in a natural, open body of water such as the ocean or a lake.

During the year 2009, 48 Florida residents under the age of 5 (68 percent of drowning victims in that age group) drowned in swimming pools. Six kids (8 percent of the total) drowned in bathtubs, and nine (13 percent) drowned natural bodies of water.

Seven kids between the ages of five and nine (58 percent of the victims within that age group) reportedly drowned in open water, while five others (42 percent) drowned in swimming pools.

A total of 210 Florida drowning victims who were at least 10 years of age (52 percent of the total tally of victims within that particular age group) drowned in open water. Ninety-two others (23 percent of the total) drowned in swimming pools.

The Miami injury law firm of Gerson & Schwartz, P.A. provided the following tips to help Floridians prevent drowning injuries and deaths in the impending summer months:

Take the initiative to teach children to swim
Make sure kids understand basic pool safety guidelines before they enter the water
Never leave a child unattendedIf a child does wander off, make sure to check the pool area first
Install child proof pool fences around home swimming pools
Make sure to have a phone nearby, in case of emergency
Cover and lock hot tubs when they are not being used

June 16, 2011

Norovirus Outbreaks on 3 Alaska Cruise Ships Sicken Hundreds

by Gerson & Schwartz, P.A.

MIAMI, FL— Federal health authorities recently reported that since May 2011, three Alaska cruise ships have been plagued by norovirus outbreaks. According to information provided by the San Jose Mercury News, two of the cruise ship illness outbreaks were reported on the Sea Princess and another on the Celebrity Millennium, collectively sickening nearly 400 people.

The first serious norovirus outbreak was reported aboard the Celebrity Millennium vessel, which apparently set sail on May 20. Officials from the Centers for Disease Control and Prevention (CDC) confirmed 113 cases of norovirus illnesses on that particular cruise ship.

The two most recent outbreaks left approximately 280 people aboard the Sea Princess cruise ship (about 140 people on each of the 10-day cruise voyages) sickened. The first outbreak occurred on a cruise ending on May 30, while the other was reported on a cruise ending on June 9. In both instances, the ship departed from a port in San Francisco. About six percent of cruise passengers and one percent of ship crew members became infected in those two outbreaks.

According to CDC Captain Jaret Ames, “They will isolate people in their cabins until they are symptom-free for a period of 24 hours. They will prevent those people from leaving the ship by marking their key cards so they can’t go ashore. So once they’re aware of it they do have a good system for monitoring those cases.”
The CDC has confirmed such outbreaks on five cruises, including those previously mentioned, since the beginning of this year. Between 2006 and 2010, there were more than 80 cruise ship norovirus outbreaks reported.

Norovirus is a highly contagious viral infection that causes gastroenteritis. Symptoms of gastroenteritis include vomiting, diarrhea, abdominal cramps, headache, fever and chills. Norovirus has been known to cause approximately 50 percent of all gastroenteritis outbreaks, CDC data suggested.

June 14, 2011

GAO Probe Reveals Staggering Trend of Underreporting Sexual Assaults At VA Facilities

by Gerson & Schwartz, P.A.

MIAMI, FL— June 14, 2011 – A recent investigation by the Government Accountability Office (GAO) found that a significant portion of the almost 300 alleged sexual assault reports received by U.S. Department of Veterans Affairs Police between January 2007 and July 2010 were not relayed to the VA Inspector General’s Office. Veterans Affairs policies mandate that all rape reports be passed on to the chain of command and the VA inspector general, the Washington Post explained.

Over a span of approximately three years, VA police officials received a total of 284 reports of alleged sexual assaults at nationwide veterans hospitals and facilities. The alleged assaults were described as “suspected, alleged, attempted, or confirmed cases of sexual assault.”
Among those reports, there were 67 cases of alleged rape and 185 cases of alleged groping. Furthermore, there were eight cases alleging “forceful” medical exams and 24 cases claiming miscellaneous forms of sexual assault.

Of those 67 alleged rape cases, only about one third were reported to the VA Inspector General’s Office, as mandated by Veterans Affairs regulations. Reports noted that many of the sexual assault allegations have yet to be formally proven.

The GAO report also suggested that the level of “physical” security being upheld at many VA facilities was of a substandard nature. The investigation found that many facilities had defective alarm systems and an insufficient number of VA police officers on hand. The probe also revealed that some facilities failed to examine surveillance footage in an efficient manor.

The House Committee on Veterans’ Affairs, which requested that the GAO conduct the VA audit, was expected to discuss the security issues and the apparent trend of under-reporting next week. According to the committee’s chairman, Rep. Jeff Miller (R-Fla.), “When I first read this report, I was aghast… It reminded me of a 1950s prison system — lawlessness, lack of security and reporting, and outright disregard for human dignity.”
Additionally, Rep. Ann Marie Buerkle (R-N.Y.), chairman of the committee’s health division, contended, “The VA failed to protect patients and staff because it did not take the system-wide allegations seriously enough to actually address them.”

June 8, 2011

University of South Florida Officials Report Increase In College Sexual Assault Reports

by Gerson & Schwartz, P.A.

MIAMI, FL—Officials at the University of South Florida (USF) recently reported that there appeared to be an upsurge in the number of sexual assaults reported on the Tampa-based campus, which accommodates approximately 40,000 students. According to information provided by the St. Petersburg Times, USF authorities noted that although seven sexual assault victims reported their cases last year, the highest tally since 2000, the general underreporting of college rapes makes it is hard to determine the true extent of the problem.

Reports indicated that compared with the number of sexual assault reports received by USF campus officials during an average year, there was more than a threefold jump during the year 2009. According to Nanci Newton, the director of USF’s Center for Victim Advocacy & Violence Prevention, the increase in sex assault reports suggests that more victims were taking the initiative to actually speak up about their attacks.

While all seven of the USF rape victims who came forward reported being attacked by individuals they knew or were even “dating” at the time, several factors often leave victims of so-called “acquaintance rapes” unable to obtain justice. For instance, proving a lack of consent can be a difficult process, even if the alleged attacker provides a signed confession. This is because unless prosecutors have another means of proving that the rape genuinely occurred, a signed confession cannot be considered a legitimate form of evidence.

Furthermore, Newton noted that since alcohol tends to play a role in many on-campus sexual attacks, it is hard to prove that the victim didn’t provide consent while drunk. Thus, jury members have been known to place blame on women who are intoxicated when they attacked. “Nobody understands the ruinous impact it has on the victim… She was defenseless, helpless,” Newton maintained.

With the U.S. Department of Justice (USDOJ) estimating that 95 percent of college rapes go unreported, it is not surprising that the problem has been referred to as a “silent epidemic” in the past. Shockingly, Justice Department statistics suggest 1 in 4 female students will fall victim to sexual assault or rape at some point during their college careers.

June 8, 2011

Former IMF Chief Strauss-Kahn Pleads Not Guilty to Sexual Assault, Attempted Rape Charges

by Gerson & Schwartz, P.A.

MIAMI, FL— June 8, 2011 – “Not guilty,” pleaded former International Monetary Fund Chief Dominique Strauss-Kahn, who was accused of sexually assaulting a chambermaid at Manhattan’s Sofitel hotel last month. Before the French politician could even set foot inside the NYC courtroom on June 6, so he could plead not guilty to sexual assault and attempted rape charges, he was greeted by a fuming mob of hotel employees. New York Daily News reports suggested their message was simple and to the point: “Shame on you.”
The former head of the IMF was placed on house arrest, with his bail set to $6 million, after a housekeeper at the Sofitel hotel claimed Strauss-Kahn forcefully removed her clothing before making her “perform oral sex and submit to anal sex.”
While defense attorneys on the case are expected to argue that the episode was consensual, those representing the alleged sexual assault victim, who has remained both unidentified and unseen thus far, maintained that his client had no intention of dropping the charges or settling with the defendant.

Additionally, a recent Newsweek report shed light on a luxury hotel industry in which the need to fulfill the desires of rich and powerful guests has the potential to surpass the need to ensure that employees are not subject to harassment or sexual assault.

According to the Miami sexual assault attorneys of Gerson & Schwartz, many hotels are reluctant to report occurrences that could be viewed as sexual harassment or assault due to the fact that the cases will likely result in negative press.
Even an unidentified security supervisor at one of Las Vegas’ major hotels told reporters, “We are not police. We are not looking to call something a crime. Unless someone wants to press charges, we try not to call Metro.”
Furthermore, although panic buttons could help protect hotel employees from potentially dangerous guests, the question remains: Are hotel security officers trained to react and respond in an appropriate and timely fashion?

Though a trial date for the Strauss-Kahn sexual assault case has yet to be set, the case is ongoing.

June 6, 2011

Hotels to Offer Housekeepers Panic Buttons In Light of Recent Sexual Assault Cases

by Gerson & Schwartz, P.A.

MIAMI, FL—June 06, 2011 – Citing recent cases of sexual assaults on hotel maids, two New York City hotels have decided to offer their housekeepers panic buttons as a means of protecting them from potentially violent guests. According to Reuters, the Manhattan-based Sofitel hotel, where International Monetary Fund (IMF) Chief Dominique Strauss-Kahn allegedly sexually assaulted a chambermaid during his stay, and The Pierre hotel, where the former chairman of one of Egypt’s main banks, Mahmoud Abdel-Salam Omar attempted to rape a housekeeper, plan to give their employees panic buttons so they have the ability to contact hotel security if they find themselves in danger.

Even the New York Hotel & Motel Trades Council has reportedly taken the initiative to begin petitioning for a law that would require all New York hotels to provide their employees with panic buttons. According to the Miami injury attorneys of Gerson & Schwartz, who specialize in cases of on-the-job rape and sexual assaults, a nationwide law mandating the use of panic buttons in hotels could be extremely conducive in the fight against workplace violence.

Bureau of Justice Statistics indicated that of approximately 36,500 workplace victimizations reported on an annual basis, 2.1 percent consisted of cases in which employees became victims of workplace sexual assault or rape.

Additionally, statistics provided by the Rape, Abuse & Incest National Network (RAINN) suggested that only about 40 percent of all rape cases are ultimately reported to police. If a rape victim does indeed report their case to authorities, there is only a 50.8 percent chance that the attacker will be arrested.

Furthermore, while there is an 80 percent chance that the offender will be prosecuted in the case, there remains only a 58 percent chance of conviction and a 69 percent chance that the assailant will be sentenced to time in jail.

June 1, 2011

Gibraltar Fuel Tank Explosion Leaves 12 Royal Caribbean Cruise Ship Passengers Injured

by Gerson & Schwartz, P.A.

MIAMI, FL—Twelve Royal Caribbean cruise ship passengers and two Spanish workers were injured when a dockside fuel tank blast occurred in the popular tourist destination of Gibraltar on May 31, 2011. The Independence of the Seas cruise ship was moored to a dock near the pier where the fuel tank exploded, the Associated Press reported.

According to information provided, two unidentified Spaniards who were onshore working on the fuel tank suffered injuries ranging from minor to serious. Twelve travelers aboard the Royal Caribbean ship also sustained injuries, which did not appear to be life threatening.

A statement released by Gibraltar’s government stated that the most serious injury sustained by any of the cruise ship passengers was a fractured shoulder. The others allegedly suffered minor burns and other unspecified wounds. The explosion victims were apparently treated for their injuries by cruise ship medical personnel.

Cynthia Martinez, a spokesperson for the Miami-based cruise ship company, contended that while two cruise passengers were on shore when the explosion occurred, they ultimately managed to escape injury.

The cruise initially set sail from Southampton, England, marking the beginning its 2-week voyage. Immediately after the fuel tank explosion occurred, the vessel moved away from the dock. It subsequently departed for Cannes, located on the French Riviera.

Gibraltar authorities were expected to conduct a full investigation to determine the cause of the injurious blast.

May 25, 2011

Hotels Evaluate Security Procedures In Wake of IMF Chief Strauss-Kahn’s Sexual Assault Case

by Gerson & Schwartz, P.A.

MIAMI, FL— May 25, 2011 – With sexual assault and attempted rape charges pending against IMF Chief Dominique Strauss-Kahn, countless hotels appear to be assessing their security methods to ensure that guests and employees receive adequate protection from criminal activity. According to information provided by Reuters, Strategic Hotels And Resorts Inc. Chief Executive Laurence Geller told reporters that following the attack of any guest or hotel worker, “You revise your protocols and procedures… Physical abuse has always been a problem in hotels.”
After a chambermaid at the Manhattan-based Sofitel hotel accused Strauss-Kahn, managing director of the International Monetary Fund, of forcing her to “perform oral sex and submit to anal sex” when she entered his suite to clean, officers from the New York City Police Department (NYPD) arrested and booked the French politician into Riker’s Island jail. Though he posted bail and was eventually released, he remains detained inside a heavily guarded NYC apartment.

“This is still a fairly rare and exceptional event, thankfully, but that doesn’t mean we can ignore it,” said Arne Sorenson, Marriott International Inc.’s chief operating officer. Sorenson noted, “You have to find a way to both make sure our associates are safe and doing the right thing and you have to protect the privacy of our guests…There’s a little bit of tension between those two things.”

At the hotel where the alleged sexual attack occurred, housekeeping employees are required to leave the door open when performing standard job duties. NYPD investigators contended that data stored on the electronic card reader of Strauss-Khan’s suite door indicated the maid left the door open on the day she was allegedly assaulted.

Geller noted that electronic card readers have had a significant positive impact on hotel security. “The key rack was the villain of all villains, strangely enough,” said Geller, explaining that when room keys were hung on racks behind the receptionist’s desk in the past, attackers could easily find out which suites were vacant and which guests occupied the remainder of a hotel’s rooms.

Furthermore, the Associated Press recently reported that “material” discovered on the uniform the sexual assault victim was wearing on the day of the alleged attack matched Strauss-Khan’s DNA. Investigators also collected other pieces of physical evidence, such as a portion of the rug where the maid reportedly spat after performing involuntary oral sex on Strauss-Khan. The results of DNA tests on those items are still pending.

May 25, 2011

Brazil Shipwreck Death Toll Climbs to 8 as Rescuers Continue to Recover Victims’ Bodies

by Gerson & Schwartz, P.A.

MIAMI, FL—With rescue personnel continuing to recover the remains of those reported missing after a horrific shipwreck in Brazil, the death toll has risen to eight. According to information provided by the Latin American Herald Tribune, a vessel occupied by approximately 100 people sank in Lake Paranoa, located in Brasília, the nation’s capital, on May 22, 2011.

Reports indicated the bodies of four ship accident victims, two of whom were children, were found on May 23. On May 24, rescue crews recovered the remains of four adult victims who disappeared in the deadly boating accident, bringing the number of fatalities to eight. Ninety-three survivors were rescued after the ship sank.

According to Agencia Brasil, the Brazilian government’s national broadcaster, at least 100 passengers were on board the ship attending a party when the boat accident occurred. While an exact passenger tally remained indefinite, reports suggest there is a chance that three additional ship accident victims are still missing. Thus, search and rescue missions were expected to continue on May 25.

Furthermore, investigators contended that the ship was only built to support the weight of 92 people, though there were more than 100 on board at the time. It remained unclear if excessive weight caused the ship to sink.

Nevertheless, officials continue to probe the cause of the fatal Brazilian shipwreck.