Practice Areas

Vacation Accident

Most of us eagerly anticipate our vacation, whether it’s a “staycation” or a trip across time zones. The Sunshine State welcomes more than 110 million visitors every year, drawn to the beaches, resorts, hotels, amusement parks and campgrounds. These travelers – both domestic and international – spend billions on travel, lodging, dining and adventures. Businesses benefit greatly from this steady influx, but with this comes an important responsibility: To keep patrons reasonably safe from unforeseeable harms.

At Associates and Bruce L. Scheiner, Attorneys for the Injured, our Fort Myers injury attorneys know the unique challenges travelers and tourists face following a vacation accident. In most cases, you’ll need to work with an attorney in the state – and probably region – where you were injured to bring a legal case in state court.

The reason is because statutes and case law precedent in Florida may not be the same as the statutes in your home state or country. You need an attorney who understands state law and is familiar with local judges, juries and courts. If a serious problem arises, a local attorney with a history of proven success and extensive experience will give you the advantage.

Why Travelers Are at Risk for Injury

According to the World Health Organization, injuries are the No. 1 cause of preventable death among travelers. Approximately 18 to 24 percent of deaths among travelers in foreign countries are caused by injuries, compared with just 2 percent of deaths caused by infectious diseases.

Some of the reasons travelers may be at high risk include:

  • Venturing into risky or unfamiliar environments;
  • Differences in language and communication;
  • Variations on product safety and vehicle safety standards;
  • Unfamiliar rules and regulation;
  • Carefree vacation spirit can lead to more risk-taking.

This is not to say travelers are solely – or even mostly – responsible when Florida vacation accidents happen. In fact, many such injuries are caused by negligence of property owners, who fail to secure their premises, check for hazards or fix/ warn about them. It should be noted that even when travelers are partially responsible for their own injuries, Florida’s comparative fault law, F.S. 768.81, does not prohibit those partially responsible from collecting damages. It will reduce the amount of obtainable damages by plaintiff’s percentage of fault. Still, even one who is 99 percent at fault could still theoretically collect on the remaining 1 percent of damages.

Although most travelers injured or killed on vacation are victims of motor vehicle crashes, 21 percent were victims of homicide and another 13 percent were victims of drowning.

We understand that when you are seriously injured or have lost a loved one in a vacation accident, you want and need the comfort of home and your family as you work toward recovery. Our goal is to allow you to do this, while still aggressively pursuing compensation for the negligence that caused your injuries.

Water and Aquatic Injuries on Vacation

For many vacationers in Florida, being on or near the water is a significant draw. But it’s also a significant source of unintentional injury and death.

In the ocean, there is the risk of rip currents and sea creatures.

In both natural bodies of water as well as swimming pools, there is a risk of:

  • Head and spinal cord injuries due to diving in shallow water (often in pools that are not properly marked for depth or in bodies of water that are deceptively shallow).

  • Lack of lifeguards on duty.

  • Electric shock, caused by wires, pool equipment, nearby vessels or lightening can cause an electrical current to run through the water. Saltwater can be an especially hazardous.

  • Slip-and-fall on pool decks, boardwalks and other walkways near water.

  • Scuba diving and snorkeling injuries. Travelers who are not experienced divers or who aren’t diving with reliable dive shops with experienced instructors may be especially at risk.

  • Child drowning due to failure to secure pool or water with gates, fence, pool cover or alarms.

  • Disease, illness or infection, such as legionnaire’s disease, caused by failure to adequately clean and disinfect the pool or ensure it has the right chemical balance.

Very few of these dangers are true “accidents,” because they involve foreseeable harm – one that a property owner knew of or should have known about, and yet failed to address or warn about.

Premises liability law in Florida holds that property owners owe the highest duty of care to business invitees, who are paying customers on site for the financial gain of the property owner/ manager. Those who fail in this duty, causing injury, can and should be held liable for that negligence.

If you or a loved one is injured in a Southwest Florida vacation accident, our dedicated injury lawyers in Fort Myers can help.

1-800-283-2900 – Associates and Bruce L. Scheiner – Focused on Justice

Client Reviews
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Bruce L. Scheiner and his team were the most friendly people I've ever met they genuinely cared about me... I highly recommend them
★★★★★
I was really satisfied with services I received. Bruce is not only an attorney, but like family. He got me three times what I thought I would receive and was always there when I needed an answer on something. I'd say he is the best attorney I have dealt with in my 68 years. Harry Zulauf
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I found working with the BLS firm to be a very good experience. They kept me informed on my case, answered all my questions, and were prompt when I needed assistance. Wendy Walker
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I was in an accident and BLS was very helpful and gave a lot of support. If I had any questions, it was just a phone call away. Everyone in the office is very nice and helpful. Celeste Thompson
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We had a wonderful experience with everyone here. The staff and attorneys were friendly, knowledgeable, and compassionate. They inquired about our injuries and our recovery. I would highly recommend their services! Heather Bair Daniels
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I have nothing but good things to say about this law firm. I can honestly say that I am very satisfied with their work and my end results. I would absolutely recommend these set of attorneys to anyone. Thank you guys for all the hard work! Merida McDonald
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BLS was incredibly helpful with my case, even during the hard challenging periods of my case Bruce & PJ were always just a call away. Even though they couldn't answer my call at that direct moment, they ALWAYS made a point to call me back. The staff at Associates and Bruce L. Scheiner were always helpful and friendly, if they didn't have the answer they would always call me back with what I needed to know. Robert Drawdy
★★★★★
I was in a car accident and I seen his Advertisement on TV and I was very impressed of how kind and caring he really is to others and I called them and they took my case and they were very caring and understanding .. they were right on top of everything from being to end and the staff that works in the Fort Myers office were very friendly I would recommend them to a friend or family member if in need of a attorney... Thank you for your services and you made me feel like part of your family. Christina Mauro