Deep into the summer months, swimming pools offer a well-earned respite from the sauna intensity of the sun, and the steambath that follows a warm summer rain. We eagerly jump into swimming pools at hotels, resorts, friends’ houses and on cruise ships. Those who own pools usually don’t think about pool safety all that much, apart from supervising any children who may be using it. We assume, subconsciously, that other peoples’ pools, and especially those operated by businesses, are at least as safe as the one we have at our own house, and that the rules at home will be followed as strictly in a public pool as they would be anywhere else.
These are dangerous assumptions. If you think that checking the safety of a swimming pool before using it is unnecessary or smacks of paranoia, consider this: drowning is the leading cause of injury death among children ages 1–4 in Florida. Too many children (of all ages) have drowned without a capable supervisor watching the area, and others have drowned while those nearby confused horseplay with a deadly drowning underway. Our team at Haggard Law Firm has litigated cases time and time again of drownings or near drownings that could have been prevented by those responsible for a pool taking the proper measures to make it the safest environment possible. And yes, many of these cases have been again apartment complexes and hotels.
Here are easy steps to take to ensure safety around pools during your summer vacation:
According to WTVJ-TV in Miami, police have charged a local man who they say “pimped a teenage girl out of a Hialeah hotel” while the suspect was already in jail on a separate charge.
42-year-old Edward Lee was arrested on charges that included: human trafficking and contributing to the delinquency of a minor. By law, forcing any minor to have sex is considered human trafficking.
Trial lawyer Todd Michaels of The Haggard Law Firm said “For too long, human trafficking has been ignored. After drug dealing, it is the second most committed criminal act in the world. The horrors that the victims face are beyond comprehension—forced prostitution, slavery, and other forms of torture with no escape.” (Todd Michaels Bio)
The NBC television affiliate reported “According to a police report, Lee kept communication with his girlfriend while he was behind bars and ordered her to force the 14-year-old victim into prostitution out of the hotel off Okeechobee Road in May of that year – instructing her to keep the teen inside the hotel room since she was a runaway.” Police say the teen had sex with 6 men in one day.
Haggard Law, which has litigated against hotels/motels in a variety of premises liability and negligent security cases for more than a decade, is focused on bringing more attention to how commercial businesses play a key role in combating the tragedy of trafficking. Those businesses who do not take responsibility and don’t take active roles in combating trafficking should be held responsible.
Michaels says, “the great enabler for all of these crimes are the commercial premises—hotels, strip malls, apartment buildings—that turn a blind eye to these horrific acts happening right under their noses. Every commercial property owner has a legal duty to act when these crimes are happening on their premises. It is time to start holding those who willfully turn a blind eye responsible.”
Hotels and Motels are Top Targets of Operations For Traffickers
Motels and hotels are considered ideal locations for sex traffickers to operate their heartless and vicious operation. Experts say it is because traffickers are capitalizing on the lack of awareness around this issue within the hotel industry. All too often, they continue to exploit their victims unchecked because staff, managers, and executives do not know what to look for.
Lack of awareness is not a true excuse anymore. Hospitality associations, law enforcement, the federal government and more have discussed the issue in the media and offer training on what the signs are of possible human trafficking at a motel or hotel.
In January Marriott Hotels made human trafficking training mandatory for all associates and developed training tailored to the specific roles on its properties. Over 225,000 associates completed the training this in 2017. It’s a training that has continued in 2018. Haggard Law is confident that if the general knowledge and action taken by some in the industry is not enough to motivate all commercial businesses to become active in the fight against sex trafficking, then premises liability or negligent security civil action will become a new motivating factor.
VIDEO: Haggard Law Firm Managing Partner and Trial Lawyer Michael Haggard is the current President of the National Crime Victim Bar Association. In this video, Haggard discusses shares that human trafficking is at the top of his agenda during his term.
MEDIA CONFERENCE MONDAY 1:30PM- Security Video Provided
Local Family of Woman Beaten to Death During Sexual Assault Say Hotel Could Have Prevented Her Murder.
A Miami-Dade County Jury Agreed, Just Ordered Hotel to Pay Parents $12 Million.
Hialeah, FL – Late Friday a Miami Dade County jury awarded the parents of Yaimi Guevara Machado $12 million following a five day trial that originated from a wrongful death negligent security lawsuit filed against the Chesapeake Motel.
On April 10, 2016, the 30-year-old Machado was locked out of her hotel room only wearing a bra and jeans when she asked the staff of the Hialeah motel for help (video/audio available). They refused. Moments later, police say, she was beaten to death by Ronald Lopez Andrade who has been charged with first degree murder.
Machado’s family filed the lawsuit against the owners of the Chesapeake Motel because they believe its staff had several opportunities to prevent the tragedy. Along with not assisting Machado when she approached them, the hotel’s staff:
Allowed Andrade, who was not a hotel guest, to linger on the property
sold Andrade alcohol (video/audio available)
fielded a request from the inebriated Andrade for help to find a prostitute (video/audio available)
did not kick Andrade off property when he sought sexual favors from a housekeeper
Machado’s parents, Julia Machado and Rafael Guevara, hope their successful lawsuit sends a message to budget motels to follow the best practices in the lodging industry to provide the security that will help prevent tragedies like these from destroying another family.
The Haggard Law Firm’s Christopher Marlowe and Jason Brenner were joined by co-counsel, Alexis Izquierdo , in litigating this case.
Over the last decade The Haggard law Firm has handled hundreds of premises liability / negligent security cases, delivering more than $300 million in verdicts and settlement in that time.
