"Leesfield & Partners"

Published on: September 5, 2024

Doctor mistakenly removes man’s liver instead of his spleen. Now, his wife is planning to sue.

The wife of a man who died during a surgery where his doctor removed his liver instead of his spleen is planning to sue, according to reporting from local news outlets.

The incident began when the man complained of feeling pain in his side while he and his wife visited their Florida rental property from Alabama. At the hospital, the man was allegedly planning to return to Alabama to see his usual doctor but was instead persuaded by a medical team in Florida to go ahead with the surgery, according to the family’s attorneys. Doctors are said to have “persuaded” him by explaining the potential risks that could arise if he delayed surgery.

A surgical pathology report listed the organ that was removed as a “grossly identifiable” liver that was partly torn. When removing the liver, the doctor tore blood vessels that caused “catastrophic blood loss resulting in death,” the wife’s attorneys said in a statement to local news outlets.

Published on: August 30, 2024

From a ‘Massive Brawl’ to Financial Crimes: A Look at Recent Criminal and Dangerous Activity Aboard Cruise Ships

By Leesfield & Partners

Four passengers on a four-day cruise from Miami face charges and others aboard Carnival Cruise Lines’ Freedom were accused of fighting, according to news outlets.

Two fights broke out during one of Carnival’s Freedom voyages from Port Canaveral. The first alleged fight took place Saturday in the ship’s nightclub between at least four people. When the ship docked in Bimini the next day, all four were escorted off the ship with their parties.

The second fight happened on one of the upper decks of the ship and included several people jumping into the brawl. It is unclear what started either fight. In footage of the second fight, a security guard can be seen stepping in to stop any further violence after much of the group that was brawling had already separated.

Published on: August 23, 2024

Largest cruise ship in the world makes headlines, stuns online viewers. Should passengers be wary of ‘floating cities?’

By Leesfield & Partners

Royal Caribbean’s Icon of the Seas continues to make headlines months after its inaugural sail and people are still talking about the enormity of it.

Though the ship has been sailing since the beginning of the year, a recent video featuring its arrival in Port Miami has gained traction online with many users asking “how does this thing manage to float?”

The answer can be found in most grade school science classrooms – buoyancy. When a massive ship such as the Icon of the Seas is hulking past seemingly without effort, it is because it is pushing aside water, displacing enough to equal its weight. Structural designs such as a U-shaped hull help the ship carve through the waves and displace water. The hull’s round edges reduce potential drag and keep the ship from rolling. When building the immense ‘floating cities’ we know as cruises today, engineers must take weight distribution into account. Ships that are bottom-heavy will sink while the opposite would cause the ship to be destabilized, increasing the probability it would topple over.

Published on: July 26, 2024

Athens Convention, Shore Excursion Limitations, and Barbetta Rule: What to know about cruise ship litigation

By Leesfield & Partners

With the sun warming your skin, the sea breeze tussling your hair and a full buffet waiting for you at lunchtime, the possibility that something may go awry seems impossible. For many, cruise vacations go off without a hitch. Others, however, are not so lucky.

When it comes to the unlucky ones, Leesfield & Partners attorneys are ready to help pick up the pieces to guide injured clients through the legal process. With over four decades of experience navigating devastating cruise passenger and crew member injury cases, the firm has been recognized as a leader in its field with record verdicts in the state and nationally for injured clients.

With its landmark office in the heart of Miami, about a 30-minute drive from PortMiami, also known as the “cruise capital of the world,” Leesfield & Partners attorneys have had thousands of passenger injury and wrongful death cases come across their desks. Attorneys with the firm have handled cases of medical malpractice at the hands of inept cruise line doctors, devastating cases of wrongful death during shore excursions, and negligent security cases in which passengers and or crewmembers have become the victims of violent crime while on board these ships.

Published on: July 24, 2024

A Look at the Fine Print: How Cruise Lines and Water Sport Rental Companies Find Ways to Avoid Liability & Protect Themselves

By Leesfield & Partners

Lengthy terms and conditions are scrolled past with fervor, and liability waivers are signed on digital screens in a rush. Whether it’s before a jet-ski guided tour in Key West, a parasailing adventure, or when purchasing a ticket aboard a cruise ship, people pay little mind to the language in these documents before they sign. When tragedy strikes, however, these documents are one of the first things a corporation’s attorney will point to to avoid liability.

It is important to note that these waivers do not give cruise lines a free pass to flout safety regulations. Case law out of the United States Federal District Court is evident that these waivers do not imbue cruise lines with an impermeable shield, saving them from being held liable. Instead, these waivers can be used in court to show that a cruise line tried to warn the injured party of the risks associated with a certain activity. In the event of an injury, passengers are still able to pursue compensation for damages at the hands of negligent corporations despite having signed a waiver.

In Florida, where cruise lines dock at five main ports transporting millions of passengers in and out of the state every year, liability waivers are frequently used by vendors in an attempt to protect themselves. Under state law, these waivers stand only when safety regulations, as outlined in Chapter 327, Florida Statutes, are followed. For example, jet-ski rentals and guided tours, which are thriving businesses in a state known for its sparkling waters and warm weather, have routinely displayed their disregard for these regulations. Under these regulations, vendors are required to give pre-ride instructions to include operational and safety instructions, warnings of local hazards, navigational instructions, and details about what to do when there is a change in weather and or water conditions. In the 48-year experience in South Florida, Leesfield & Partners attorneys have learned that these companies are more likely to give a safety rundown that is too brief, if they give one at all.

Published on: July 24, 2024

Carnival Cruise Lines Set to Add Three Massive Ships to Fleet – What You Should Know

By Leesfield & Partners

Carnival Cruise Lines is adding to its ships including three that rival in carrying capacity with Royal Caribbean’s Icon of the Seas.

The three new ships from Carnival are reported to be the largest vessels operated by the company and will be able to carry nearly 8,000 passengers. Construction of the first ship is scheduled to be completed in 2029 with the other two following in 2031 and 2033, according to reporting from national news outlets.

Currently, the cruise line operates 26 ships with stays in places like the Bahamas, the Mexican Riviera, the Pacific Islands and Australia. Earlier this year, the company announced two other ships would be added to its fleet in 2027 and 2028 in addition to five vessels it is taking over from sister brands.

Published on: July 19, 2024

As summer ends, thousands of families will flock to PortMiami for cruises. Here’s what to know if you are injured

By Leesfield & Partners

With the dwindling days of summer vacation and the promise of back-to-school sales and homework assignments on the horizon, families all over the United States will head to South Florida in droves for last-minute summer getaways. The area has plenty to offer that attracts millions of tourists every year from the famed beauty and history of the Florida Keys to the opportunity to observe wildlife in the Everglades. Many families, however, will head straight to PortMiami, the cruise capital of the world, to board one of many cruise lines that frequent the area.

PortMiami saw 7.3 million people pass through it in 2023 as the cruise line industry continued to gain back its footing after the pandemic. With increased traffic to the area as this boon in the industry continues comes the rise in the possibility of injuries.

With a home base in Miami, Florida, Leesfield & Partners has had the unique opportunity of watching cruise ships compete with one another over the years to become “floating cities” and sea-bound theme parks. Today, more and more ships are equipped with winding slides, slippery water parks and onboard attractions that can sometimes lead to catastrophic injury when the right precautions are not taken. When the latter takes place, Leesfield & Partners has been there to support injured clients and grieving families. The extensive experience of Leesfield & Partners attorneys attained over its 48 years representing clients is to the benefit of an injured person seeking our legal counsel.

Published on: July 16, 2024

Man’s family awarded $2 million in lawsuit after he died from burn at Kentucky motel. What do places like hotels and cruise ships owe customers?

By Leesfield & Partners

The family of a 76-year-old Kentucky man was awarded over $2 million this month after his death from a burning incident in a motel shower, according to news outlets.

The incident happened in 2021 while the man was on a business trip. When he got in the shower, hot water estimated in the lawsuit to be 150 degrees Fahrenheit scalded him. The man fell and was unable to get up until coworkers who heard him screaming rushed into the bathroom to help. The man had third-degree burns following the incident and died seven months later after spending most of his time in and out of hospitals. Third-degree burns affect the deeper layers of the skin and burn down to the fatty tissue. They require immediate medical attention.

The lawsuit filed on behalf of the grieving family did not specify what caused the water to come out at 150 degrees. A judgment filed earlier this month stated that the hotel failed to properly inspect and maintain the property in a reasonably safe condition.

Published on: June 24, 2024

Water parks and cruise lines see dollar signs, not people. How these industries leave patrons vulnerable to injury

By Leesfield & Partners

A woman sues SeaWorld after being injured at its Aquatica water park on a slide last year when another patron “violently colliding” with her.

The woman was visiting SeaWorld’s Aquatica in Orlando when she said she went on a slide that had no lifeguard stationed outside of it to monitor when patrons had safely gone down the slide and give permission for the next person to go. Before the woman got off her water slide, another adult guest got on and “violently colliding” with her, causing her permanent injury, her attorneys said in the lawsuit.

This story is, unfortunately, not unique. A 7-year-old at Jungle Island in Miami visiting the park with his summer camp was luckily saved by a lifeguard who saw the child, not wearing a life vest, struggling in the water. The lifeguard performed CPR on the child who had to be taken to the hospital where he went into cardiac arrest but, thankfully, came out of the ordeal safely, according to previous reporting of the incident.

Published on: June 19, 2024

Cruise ships set to plug into power in Port Miami, attracting more ships to the area. Leesfield & Partners suspects a major problem

By Leesfield & Partners

Cruise ships at Port Miami will be able to plug into the county’s power grid – a move that officials say will boost the local economy by attracting more cruise lines to the area while cutting down on pollution.

There’s just one problem. More ships means an increase in the possibility of cruise ship injuries, a practice area that Leesfield & Partners knows all too well.

The decision was spurred by sustainability efforts from Miami-Dade County Mayor Daniella Levine Cava who told reporters in an article published in The Miami Herald that the project would bring the county that much closer to cutting down on its carbon emissions.