UNIVERSAL LAWSUIT REPORT
Date Filed: 9/21/2015
Plaintiff Residence: Unknown
Accident Date: May 20, 2015
Alleged Accident Location: Royal Pacific Hotel located at 6300 Hollywood Way, Orlando, Orange County, FL. Somewhere near the boat, boat ramp, and dock.
Alleged Accident Facts: The plaintiff alleged that he “fell off the boat ramp while disembarking the ferry boat.”
Liability Allegations: The plaintiff alleged the following:
- Defendant, UNIVERSAL by and through its agent, servants and/or employees acting within the scope and course of such agency, service or employment, carelessly and negligently operated said boat and ramp.”
- Defendant, UNIVERSAL, was negligent and breached its duty of care owed to the Plaintiff, WIGNALL, by:
- a) Creating and/or maintaining a dangerous condition in the premises under its care, custody and control by allowing the boat ramp to flip over while Plaintiff, WIGNALL was disembarking; b) Failing to warn the Plaintiff, WIGNALL, of the existence of a hazard associated with disembarking the ferry boat via a moving ramp under its care, custody and control; c) Failing to eliminate or correct a dangerous condition in the premises under its care, custody and control; and d) Failing to instruct or assist Plaintiff, WIGNALL, on the use of the ramp while using an assisted mobility device.
- Defendant, UNIVERSAL, regularly conducted a negligent mode of operation, such that the condition they created and caused, as described above, presented an unreasonable risk of harm to business invitees such as Plaintiff, WIGNALL.
Date Filed: 9/15/2015
Plaintiff Residence: Marietta, Georgia
Accident Date: October 31, 2014
Alleged Accident Location: Universal at Halloween Horror Nights
Alleged Accident Facts: A light fixture fell “striking Plaintiff in the head.”
Liability Allegations: Defendant breached the duty owed to Plaintiff as a business invitee, by committing one or more of the following acts or omissions:
- (a) Negligently failing to maintain or adequately maintain the area in and around the premises, by allowing the dangerous condition to exist at the time Plaintiff was in the area; (b) Negligently failing to inspect or adequately inspect the area in and around the Defendant’s premises to determine whether the dangerous condition existed at the time Plaintiff was in the area; (c) Negligently failing to warn or adequately warn Plaintiff of the dangerous condition when Defendant knew or should have known of its existence and when Plaintiff was unaware of said dangerous condition; (d) Negligently failing to correct, or adequately correct the dangerous condition when Defendant knew or should have known of its existence; (e) Negligently failing to have adequate staff on duty and/or assigned to the task of inspecting the premises for dangerous conditions; (f) Negligently failing to provide a safe and dry means of ingress and egress for Plaintiff upon said premises; (g) Negligently failing to train and/or inadequately training its employees to inspect the premises for dangerous conditions; (h) Negligently failing to follow its own corporate policy regarding the dangerous condition; and, (i) Negligently failing to act reasonably under the circumstances.
Date Filed: 9/15/2015
Plaintiff Residence: Allen County, Indiana
Alleged Accident Date: July 29, 2014
Alleged Accident Location: Universal City Walk
Alleged Accident Facts: Plaintiff fell down the full flight of stairs due to an expansion joint in the staircase that caused him to trip. The multi-flight staircase led from the cinema to the ground level public restrooms.
Defendant, UNIVERSAL, as owner and operator of the subject premises, had a duty to the public and specifically to the Plaintiff to operate and maintain the subject premises in a reasonably safe condition commensurate with the business conducted, a duty to train its employees in safety procedures, and a duty to safely maintain the premises, along with a duty warn of hidden dangers. Defendant, UNIVERSAL, breached this duty of reasonable care owed to Plaintiff by carelessly and negligently:
- Failing to provide and train its employees and/or other contractual services to maintain all public thoroughfares by vigilant patrol so as to prevent falls and other injuries on the premises, when it know or should have known of the propensity for, and dangerous aspects of, substances, including expansion joint design, from falling onto the floors; and/or
- Failing to have policies and procedures in place so that prompt and adequate actions could be taken when the floors were compromised by dangerous substances; and/or
- Failing to supervise its employees in implementing its policies and procedures; and/or
- Failing to follow its own policies and procedures; and/or
- Failing to have in place an adequate reporting system in the event of dangerous floor conditions so that they could be quickly remedied and/or warnings placed; and/or;
- Failing to have in place safety mats in the area where it was likely that dangerous substances could exist on the floor.
- Failing to regularly inspect and repair the stairs and expansion joints.
- Failing to provide adequate lighting.
- Failing to provide adequate stair rails.
Other pleadings of interest: There is a motion to approve division of fees by the lawyers for the Plaintiff who sued for injuries at the Universal Park in Orlando. The Florida Bar Rules permit fee divisions as a standard rule of 25% and there is a standard approved fee. To go beyond the split in the attorney’s fees or to charge above the approved standard fee is sometimes the reason for these motions. The actual facts are not alleged here.
See: NOTICE OF EX- PARTE HEARING ON VERIFIED PETITION FOR COURT APPROVAL DIVISION OF FEES
Date Filed: 9/11/2015
Plaintiff Residence: Orange County, Florida.
Alleged Accident Date: August 3 or 4, 2015
Alleged Accident Location: Universal Orlando Parking Lot
Alleged Accident Facts: The plaintiff went to Universal Studios to attend a concert. She paid $37.50 to attend this concert and she paid $5.00 to park her vehicle in the parking lot located within Universal Studios. After walking back to her vehicle, the plaintiff was violently attacked in the parking lot located within Universal Studios, fracturing her wrist.
Note: This is a case alleging negligent security. The plaintiff believed that Universal had a duty to provide a reasonably safe premise, that Universal knew or should have known, of the risk of criminal activities and attacks on persons at Universal Studios, and that Universal knew, or should have known, that criminal acts at Universal Studios, and in the surrounding area, posed a grave threat to the physical safety and well-being of persons in the foreseeable zone of risk entering and leaving Universal Studios.
Therefore, the plaintiff believed that Universal breached a duty owed to her as a guest by failing to:
- hire and retain appropriately trained security guards;
- provide adequate and reasonable physical security;
- employ and deploy guards in sufficient numbers at Universal Studios;
- properly evaluate and address criminal activity in or around Universal Studios;
- employ and/or develop adequate or reasonable security guidelines/protocols;
- develop and employ reporting procedures to address security inadequacies;
- warn its invitees, business invitees, guests and other invitees, of foreseeable criminal activity in or around Universal Studios;
- provide reasonably expected security guard services to deter criminal activity;
- prevent criminal activity at Universal Studios;
- properly and reasonably supervise its agents, employees, and/or borrowed servants;
- monitor the effectiveness and sufficiency of the security plan at Universal Studios; and
- maintain Universal Studios in a reasonably safe condition.
Universal was trying to keep out video clips from Universal surveillance cameras taken on August 4, 2015 at approximately 9 pm.
CHRISTINE BROWN and BOBBY BROWN v. UNIVERSAL CITY DEVELOPMENT PARTNERS LTD
Date Filed: 9/1/2015
Plaintiff Residence: Polk County, FL
Alleged Accident Date: September 04, 2011
Alleged Accident Location: Universal Orlando
Alleged Accident Facts: The plaintiff slipped and fell on a bridge that was slippery after a rain, causing her to fall down hard on her right knee and she then fell back on her back, sustaining severe bodily injury. There were no warning signs on the bridge advising that the bridge would be slippery when wet, or moss or algae buildup on the bridge. There were no slip resistance materials, i.e. adhesive pavement strips on the bridge to help prevent any slip and fall accidents of the patrons.
Analysis: The statute of limitations in FL
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