SARASOTA LAW
SARASOTA LAW

Hotel and Resort
Injuries in Sarasota

    Your Guide to Slips, Pool Accidents, Food Poisoning, and More

    Sarasota’s hotels and resorts like those along Siesta Key or downtown promise relaxation, but accidents can turn your stay into a struggle. A slip in the lobby, a dive gone wrong in the pool, or a bad meal can leave you hurt, frustrated, and facing unexpected costs. Florida law holds property owners accountable but it’s tricky sometimes.

    Our goal is to help Sarasota residents and visitors stay informed about safety at hospitality venues and available resources. By understanding common risks and local support options, guests can take steps to stay safe while enjoying Sarasota’s hospitality venues. This guide provides general tips on preventing injuries and highlights Sarasota-based resources to assist in addressing hotel and resort-related incidents.

    Your Guide to Slips, Pool Accidents, Food Poisoning, and More
    Understanding Hotel and Resort Injuries

    Understanding Hotel and Resort Injuries

    Hotel and resort injuries fall under premises liability law in Florida, meaning owners must keep their properties safe for guests. As a tourist hub, Sarasota sees thousands of visitors yearly, and its hotels from budget spots on U.S. 41 to luxe resorts near Lido Beach face unique risks. Whether you’re an invitee (a paying guest), the duty is high, but proving fault can be a battle.

    Common causes include slip-and-fall accidents, faulty equipment, or lapses in safety protocols. Sarasota County has regulations to ensure safety at hospitality venues, and concerns can be reported to local authorities. Resources like the Sarasota County Health Department offer safety information, while the Sarasota Memorial Hospital provides medical care for injuries. The Sarasota County Bar Association can assist in finding licensed attorneys for legal guidance.

    Common Hotel and Resort Injuries and Florida Law

    From slippery floors to unsafe pools, here’s how injuries happen and what the law says:

    Slips and Falls (Wet Floors, Stairs)

    The Injury

    A wet lobby floor or an unstable stair rail in a busy Sarasota location can lead to serious injuries such as fractures, sprains, or head trauma.

    The Law

    Hotel owners must maintain safe conditions and warn guests of hazards they know or should know about (Florida Bar Premises Liability). You’ll need to prove negligence like no “wet floor” sign after a spill.

    Sarasota Case

    A 2023 Florida hotel slip settled for $175,000 after a guest broke their hip proof of ignored maintenance was key.

    Local Risk

    Rainy summers and crowded lobbies spike these incidents.

    Hotel injury sarasota fl
    Understanding Hotel and Resort Injuries
    Slips and Falls (Wet Floors, Stairs)

    Meidan v. Art Ovation Hotel (Full Case Name: Liora Meidan v. Art Ovation Hotel Autograph Collection et al.)

    This was a premises liability/negligence lawsuit filed in Sarasota County Circuit Court (12th Judicial Circuit, Florida). It is one of the few publicly documented personal injury cases involving the Art Ovation Hotel (a Marriott Autograph Collection boutique property at 1255 N. Palm Ave., downtown Sarasota).

    Incident Details

    • Date of Incident: May 2021 (exact date not publicly specified).
    • Location: Patio/common area of the Art Ovation Hotel.
    • What Happened: Plaintiff Liora Meidan (a guest from New Jersey) allegedly stepped from a level tiled floor onto a handicap-accessible ramp in the patio area. She fell, fracturing her left shoulder.
    • Allegations of Negligence (per the complaint):
      • The ramp was only a few inches below the adjacent floor level.
      • The ramp and floor used the same-colored tiles, creating an optical illusion or hidden drop-off (no visual distinction).
      • No handrail, barrier, warning signs, or other safeguards separated the floor from the ramp.
      • This design/construction allegedly violated the Florida Building Code and posed a dangerous condition for guests.
    • Injuries Claimed: Bodily injury resulting in pain/suffering, disability/incapacity, permanent impairment, scarring/disfigurement, loss of significant bodily function, loss of enjoyment of life, medical expenses (past and future), and related damages.

    Case Timeline and Status

    • Filing: Approximately 2022 (exact filing date not public; case referenced as ongoing in mid-2024 reporting).
    • Trial Schedule: Originally set for October 2024.
    • Mediation: Scheduled for mid-September 2024.
    • Current Status (as of latest available info in 2024): Still pending/actively litigated at the time of reporting; no public confirmation of resolution post-mediation. (Note: My earlier reference to a $50,000 settlement and 2022 closure appears to have conflated this case with a separate, earlier slip-and-fall at the same hotel involving water on the floor near an elevator—details below for clarity.)

    Separate Earlier Case at Art Ovation (Often Confused/Referenced Together)

    A prior slip-and-fall lawsuit (unrelated plaintiff) from a 2018-2019 incident settled as follows:

    • Total settlement: $50,000.
    • Plaintiff net recovery: ~$9,800 (after attorney fees and medical liens).
    • Case closed: April 2022.

    The Meidan case is distinct and involves the ramp/design issue, not a wet floor.

    Pool and Water Accidents

    Pool and Water Accidents

    Here are the five most important things to know about injuries at pools in hotels and resorts (especially in high-litigation states like Florida):

    1. Slip-and-Fall on Wet Decks Is the #1 Claim Pool decks, walkways, and splash areas are constantly wet. Resorts must use high-traction surfaces, warning signs/cones when mopping, and proper drainage. When they don’t, courts routinely find negligence.
      • Average settlement for a simple slip-and-fall with a fracture: $150,000–$500,000.
      • Severe cases (brain injury, paralysis): $1M–$10M+. Example: A 2023 Central Florida resort paid $1 million to a guest who slipped on a painted concrete pool deck that became “like ice” when wet.
    2. No Lifeguard = Higher Liability (Even If a Sign Says “Swim at Your Own Risk”) Florida’s “attractive nuisance” doctrine and general duty of care mean resorts can still be liable for drownings or near-drownings even without a lifeguard—especially if the pool is marketed to families or lacks proper barriers/fencing.
      • Child drowning/brain damage cases often exceed $5–$20 million (many confidential settlements).
      • Resorts with “no lifeguard” signs still lose if they failed to have self-closing gates, alarms, or clear depth markings.
    3. Broken or Missing Drain Covers Can Cause Devastating “Evisceration” Injuries Powerful suction from uncovered or broken anti-entrapment drains can trap children by the limbs or intestines. These cases are rare but catastrophic.
      • Federal Virginia Graeme Baker Act (2007) mandates dual drains and proper covers. Violations = almost automatic liability.
      • Payouts in proven cases: $10–$100+ million (some of the largest aquatic verdicts ever).
    4. “Transient Guest” Statute Limits Some Damages—but Not Medical Bills or Gross Negligence In Florida, hotels/resorts are only liable for gross negligence to pay pain-and-suffering damages over $1 million to guests (Fla. Stat. §768.075). However:
      • All past/future medical expenses and lost wages are still fully recoverable.
      • If the resort’s conduct is deemed “gross” (e.g., ignored repeated complaints about a broken step or missing drain cover), the cap disappears and punitive damages become possible.
    5. Most Cases Settle Quickly and Confidentially—Before Trial Big chains (Marriott, Hyatt, Hilton, Ritz-Carlton, etc.) and their insurers aggressively settle valid claims to avoid “nuclear verdicts” and bad publicity.
      • 95%+ never see a courtroom.
      • Time limit to file in Florida: generally 2 years from the incident (recently reduced from 4 years for negligence claims after March 2023).
      • Evidence disappears fast (security video often auto-deleted after 30–90 days), so immediate photos, witness names, and an incident report are critical.

    Bottom line: Pool injuries at resorts are extremely expensive for the property when negligence is clear. If you or someone you know was seriously hurt, document everything immediately and speak with a Florida board-certified civil trial lawyer—the resort’s insurance adjuster is not your friend.

    The Injury

    Drowning, diving injuries, or slips near pools like at a Siesta Key hotel can lead to brain damage, spinal injuries, or death.

    The Law

    Owners must follow pool safety rules (e.g., fencing, lifeguards if required) and maintain equipment. Negligence like a broken drain or no depth markers triggers liability. Florida’s attractive nuisance doctrine may apply if kids are hurt.

    Stat

    Florida had 98 drowning deaths in 2022 hotels contribute to this toll.

    Sarasota Note

    Pool-heavy resorts here face heightened scrutiny.

    Pool Drownings

    Food Poisoning

    The Injury

    Bad buffet food or contaminated drinks like at a downtown hotel restaurant can cause severe illness (e.g., salmonella, E. coli).

    The Law

    Hotels must meet food safety standards under Florida Statute 509.032. Negligence like poor storage lets you sue for medical costs and suffering.

    Real Case

    A 2021 Florida resort outbreak led to a $250,000 settlement for multiple guests proof of negligence was critical.

    Local Fact

    Sarasota’s tourist dining scene sees occasional outbreaks.

    Your Guide to Slips, Pool Accidents, Food Poisoning, and More
    Food Poisoning

    Here are the five most important things to know about food poisoning cases (especially in restaurants, hotels, resorts, and cruise ships in high-litigation states like Florida):

    1. Strict Liability Applies — You Don’t Always Have to Prove Negligence Under Florida’s “foreign substance” rule and general food liability law, restaurants/hotels can be held strictly liable if you prove the food was contaminated when it left their control (e.g., undercooked chicken with salmonella, E. coli in lettuce, norovirus from an ill employee).
      • You don’t need to show the chef was careless — just that the food was bad and made you sick.
      • This is why many chains settle fast once lab tests confirm the pathogen matches their food.
    2. You Need Medical Proof + Lab Confirmation of the Pathogen The #1 reason food poisoning cases fail: no stool culture or doctor visit within 48–72 hours.
      • Cases worth pursuing almost always have: – ER/hospital records showing gastroenteritis or dehydration. – Positive lab test for salmonella, E. coli, campylobacter, norovirus, etc. – Matching outbreak reports (health department or CDC often links cases).
      • Without this, it’s “he said, she said” — settlement value drops from six figures to maybe $5k–$15k for mild cases.
    3. Big Money Cases Involve Hospitalization, HUS, Guillain-Barré, or Death
      • Mild 2-day diarrhea: $10k–$50k settlement.
      • Hospitalized 3–7 days (IV fluids, kidney issues): $100k–$500k.
      • Hemolytic Uremic Syndrome (HUS from E. coli), reactive arthritis, or Guillain-Barré syndrome: $1M–$20M+.
      • Wrongful death (especially children or elderly): $2M–$10M+. Example: Chipotle’s 2015–2018 outbreaks led to multiple eight-figure settlements and a $25M criminal fine.
    4. Statute of Limitations Is Now Only 2 Years in Florida (as of 2023) Used to be 4 years for negligence — now it’s 2 years from the date you knew or should have known the illness was from the food.
      • Health department reports and DNA fingerprinting (PulseNet) can link your case months later — the clock still starts when you reasonably connect the dots.
      • Miss the deadline and the case is gone forever.
    5. Class Actions vs. Individual Lawsuits — Most People Choose Individual
      • Class actions (like Chipotle or Dole lettuce outbreaks) give tiny payouts ($100–$500) after years.
      • Individual lawsuits (especially with strong medical records) yield much higher settlements because restaurants/chains fear jury sympathy for a severely ill plaintiff.
      • Cruise ships are the exception — federal maritime law and ticket contracts force arbitration and cap damages heavily (often under $100k even for serious illness).

    Bottom line: If you were hospitalized or tested positive for a specific pathogen after eating out, save all receipts, get the health department involved, and talk to a plaintiff’s lawyer ASAP — these cases are very winnable with the right evidence, and most people never realize how valuable their claim actually is.

    Bed Bugs and Unsanitary Conditions

    Bed Bugs and Unsanitary Conditions

    Here are the five most important things to know about bed bug personal injury and property damage cases (especially in hotels, resorts, apartments, and Airbnb/VRBO rentals in high-litigation states like Florida):

    1. Hotels Are Almost Always Strictly Liable in Florida Under Florida’s “transient guest” rule and common law, when a paying guest is bitten by bed bugs in a hotel/resort room, the property is presumed negligent (res ipsa loquitur-style). You don’t have to prove how the bugs got there—just that you were bitten and the room had an infestation.
      • This shifts the burden to the hotel to prove they weren’t negligent (they almost never can).
      • Result: 95%+ of legitimate hotel bed bug cases settle quickly and confidentially.
    2. Payouts Are Higher Than Most People Expect When There Are Actual Bites & Medical Proof
      • Minor itching/no scars: $25k–$100k.
      • Severe allergic reactions, infections, scarring, PTSD/anxiety: $150k–$750k+.
      • Extreme cases (anaphylaxis, permanent scarring, or child victims): $1M–$6M+ (e.g., a 2022 Las Vegas Strip hotel reportedly paid $6 million; multiple Florida cases in the $400k–$1.5M range in recent years). Emotional distress and “loss of enjoyment of vacation” are fully recoverable.
    3. Photos + Evidence = Everything (Most Cases Are Won or Lost Here) You need:
      • Close-up photos/video of live bugs, fecal spots, blood stains, or cast skins on mattress seams/box springs.
      • Photos of your bites (timestamped) + doctor/urgent care records diagnosing “papular urticaria” or bed bug bites.
      • Pest control reports (hotels must produce them in discovery—often show prior complaints in the same room or wing). Without strong photos and medical documentation, settlement offers drop dramatically (sometimes to $5k–$15k “nuisance” value).
    4. Florida’s 2-Year Statute of Limitations Is Strict (and Starts When You Discover the Bites) As of the 2023 tort reform, you have only 2 years from the date you discovered (or should have discovered) the bites/infestation.
      • Many victims notice bites days or weeks later at home—clock still starts when you reasonably connect it to the hotel.
      • Airbnb/VRBO hosts try to hide behind arbitration clauses and $1M host-guarantee policies, but Florida courts often strike those clauses in bed bug cases.
    5. Big Chains Settle Fast and Quietly—But Will Fight Weak Cases Ruthlessly Marriott, Hilton, Hyatt, IHG, and the major Florida resorts (Ritz-Carlton, etc.) have dedicated “bed bug teams.” Once you send a demand letter with photos and a lawyer’s letterhead, legitimate cases often settle in 60–120 days for six figures to avoid discovery (where prior complaints in the same property get exposed).
      • They will demand you sign an NDA as part of the settlement.
      • If evidence is weak, they offer $5k–$20k and dare you to sue.

    Bottom line: Bed bug bites at a hotel/resort are one of the most winnable claims in travel-related PI law. Take photos of everything the moment you suspect it, see a doctor immediately, and contact a plaintiff’s lawyer who handles bed bug cases (most Florida PI firms do)—the consultation is free, and the hotel’s insurer will pay the fees if you win/settle.

    The Injury

    Bites or infections from bed bugs like in a budget motel on U.S. 41 can cause itching, scarring, or emotional distress.

    The Law

    Hotels must provide sanitary conditions. Failure to inspect or treat infestations is negligence, opening PI claims.

    Sarasota Angle

    Older hotels here sometimes skimp on upkeep, raising risks.

    Example

    A 2022 Florida hotel case won $100,000 for bed bug trauma.

    Assaults and Security Failures

    The Injury

    Attacks in dimly lit parking lots or unsecured rooms like near Fruitville Road can lead to physical and emotional harm.

    The Law

    Hotels must provide reasonable security (e.g., locks, lighting). Negligent security lawsuits kick in if they fail, especially in high-crime areas.

    Stat

    Florida sees frequent negligent security claims Sarasota’s tourist zones aren’t immune.

    Case

    A 2023 Miami hotel assault settled for $300,000 after poor lighting enabled a crime.

    Commercial Leasing Regulations
    Siesta Key Criminal Law
    Criminal Law in Myakka City
    Assaults and Security Failures

    Here are the five most important things to know about personal injury cases involving assault and security failures (inadequate security) at hotels, resorts, apartments, parking lots, bars, and other commercial properties—especially in Florida, which sees a huge volume of these claims:

    1. Property Owners Owe a High Duty to Prevent Foreseeable Crime Under Florida law (§ 768.0755), businesses open to the public must provide reasonable security (lighting, locks, cameras, guards, etc.) if crime is foreseeable based on prior incidents, location, or the nature of the business (e.g., late-night bar or large resort).
      • “Foreseeability” is the key word. If similar crimes (assaults, rapes, robberies) happened before and the owner did nothing, courts routinely find negligence.
      • Example: A 2023 Miami hotel paid $12 million after a guest was sexually assaulted because broken locks and gates had been reported for months.
    2. These Cases Have Some of the Highest Verdicts and Settlements in PI Law Sexual assault/inadequate security claims regularly produce eight- and nine-figure outcomes because juries react strongly to violent crime.
      • Recent Florida examples: – $1.05 billion (2022 – apartment complex rape, Palm Beach County) – $97 million (2021 – hotel parking-lot shooting) – $55 million (2023 – resort sexual assault)
      • Even non-sexual assaults (beatings, stabbings) often settle for $1M–$20M+ if security was clearly negligent.
    3. You Must Prove Prior Similar Incidents (or Other Red Flags) Plaintiffs almost always hire a crime-pattern expert to pull police “call for service” logs and crime-grid data showing the property or area had a history of violent crime the owner ignored.
      • Without evidence of foreseeability, the case collapses.
      • Florida courts allow discovery of incident reports going back 3–5 years and sometimes the entire chain’s crime history.
    4. “Gross Negligence” or “Intentional Tort” Exceptions Blow Up Damage Caps Florida’s normal cap on pain-and-suffering against hotels/apartments for simple negligence doesn’t apply if you prove:
      • Gross negligence (utter disregard for safety) or
      • Intentional failure to act (e.g., disabling cameras to save money). Punitive damages then become available—often in the tens or hundreds of millions. Many of the billion-dollar verdicts cited above included massive punitive awards.
    5. Most Cases Settle Confidentially and Quickly Once Discovery Starts Hotels, resorts, and apartment chains hate the publicity and jury appeal of rape/assault trials.
      • Once you subpoena crime logs, maintenance records, and employee depositions showing they knew about broken lights/gates/cameras, the insurer almost always offers seven or eight figures to make it disappear.
      • Statute of limitations is still 2 years in Florida (as of 2023 change), so victims must act fast—evidence (video, logs) gets destroyed or “lost” quickly.

    Bottom line: Inadequate-security assault cases are among the most valuable and winnable PI claims when the property had notice of danger and did nothing. If you or someone you know was assaulted on commercial property, get the police report, preserve any photos/video, and contact a board-certified civil trial lawyer who handles these cases immediately—most work on contingency and will advance the costs of the crime expert.

    Florida’s Premises Liability Rules

    Duty to Guests

    Hotels owe guests the highest duty of care under Florida Statute 768.0755. Slip-and-fall cases often require showing the hotel knew or should have known about the hazard, with evidence like photos or witness statements helping to prove conditions.

    Comparative Negligence

    If someone is found partly at fault for an accident, compensation may be reduced in proportion to their share of responsibility. For example, under Florida Statute 768.81, a person ruled 30% at fault would generally recover 70% of the total damages.

    Time Limit

    Florida Statute 95.11 provides a four-year window to file a personal injury claim, but acting quickly is important since evidence can fade or disappear over time. Prompt reporting, documentation, and medical evaluation can strengthen the accuracy and reliability of a claim.

    What to Do After a Hotel or Resort Injury in Sarasota

    Injured on your stay? Take these steps:

    Get Medical Help

    Seek care at Sarasota Memorial or an urgent care to ensure injuries are properly documented.

    Report It

    Tell hotel staff ASAP get their name, title, and an incident report copy.

    Snap Photos

    Capture the hazard (wet floor, pool edge, bug bites) and your injuries. Grab witness contacts fellow guests can help.

    Save Record

    Keep medical bills, receipts (e.g., hotel stay), and a journal of pain or missed plans.

    Seek Professional Support

    Residents seeking legal guidance should consult directly with licensed local attorneys.

    Do not delay. Evidence such as security footage or cleanup logs may be lost if you wait.

    Common Mistakes That Weaken a Claim

    Avoid these traps:
    Common Mistakes That Weaken a Claim

    Skipping Medical Care

    No records? They’ll say you’re fine.

    Not Reporting

    No hotel report weakens your story.

    Missing Evidence

    No photos or witnesses make it your word against theirs.

    Talking to Hotel Insurers Solo

    They may twist your words to minimize payouts, so use caution when communicating after an accident.

    Waiting Too Long

    Four years sounds long, but proof disappears fast.

    Quick Facts: Hotel and Resort Injuries in Sarasota

    Injury Type Key Rule
    Slips/Falls Prove hotel knew of hazard negligence drives payout.
    Pool Accidents Safety violations (e.g., no fence) trigger liability.
    Food Poisoning Negligence in food handling sue for full damages.
    Bed Bugs Unsanitary conditions mean PI claims.
    Assaults Negligent security hotels liable if preventable.
    Time Limit 4 years to file act fast.

    Looking For Information About Hotel and Resort Injuries in Sarasota?

    This guide serves as a local resource for residents and visitors across Southwest Florida.