Episode Description
Spring break, family vacations, and year-round tourism make Florida one of the busiest destinations in the country, but what happens when that trip takes a turn due to an injury?
In this episode of It’s No Accident, attorneys Jaeson Homola and Mark Nonni break down what out-of-state visitors need to know if they’re injured while visiting Florida. From car accidents near Disney to slip-and-falls at hotels, they explain why where your injury happens determines where your case must be handled, and why hiring a Florida attorney is critical.
Episode Transcript
Welcome to It’s No Accident, a podcast about the challenges of personal injury and wrongful death law in Florida—one of the nation’s most complex legal environments. You’ll hear compelling stories about real cases from our law firm in Tallahassee that will help you better understand your rights and protect yourself from the negligence of others.
I’m Mark Nonni.
And I’m Jaeson Homola.
And this is It’s No Accident.
Being that we’re in Florida and the weather warms up earlier than most of the country, we’re one of the spring break capitals of the U.S. for both college and high school students. It’s not just spring breakers, though—families visit year-round. Florida is a major tourist destination, and that’s no secret.
Because of that, we see a lot of clients who are injured while visiting from another state—or even another country. What are some of the pitfalls, dos and don’ts, or general advice you’d give to someone who gets injured while on vacation in Florida?
Yeah, we see it all the time—year-round. In the winter, it’s snowbirds. In the spring, it’s spring breakers. In the summer, it’s families visiting beaches and attractions.
One of the biggest things people don’t realize is that if you’re injured in Florida, your claim will almost always need to be handled in Florida—usually in the county where the incident happened. Attorneys are licensed state by state, so what we often see is someone gets injured, goes back home to Michigan or New Hampshire, and calls a local attorney. That attorney then tells them, “I’m not licensed in Florida—you need a Florida attorney.”
Eventually, they find us and say, “I called all these attorneys back home, and no one could help me.” That’s because there’s no national license to practice law. If you’re injured in Florida, you need a Florida attorney.
Right. And the laws here are different than they are in other states—whether it’s auto negligence, premises liability, or insurance laws. Most attorneys in other states understand that and will point you in the right direction. But occasionally, you’ll run into someone who tries to handle the case anyway, and that can create problems if they’re not familiar with Florida law.
Exactly. I know you recently had a case involving someone visiting Disney, right?
Yeah. I’m actually still working on that case. The client had just arrived in Florida from the Midwest for a family trip to Disney when they were involved in a serious auto accident.
Fortunately, he found us quickly and contacted us right away. We were able to send preservation letters and notices immediately, get started on the case, and help him get into medical treatment.
He initially thought it might not be a big deal and considered waiting a week or two before seeing a doctor. But we always advise against that. Insurance companies look closely at gaps in treatment. The longer you wait, the more they’ll question the severity of your injuries.
We also helped him navigate insurance issues. His auto insurance was from another state, and not all states are no-fault like Florida. That raises questions about whether health insurance or auto insurance will cover medical bills. We were able to sort that out quickly.
We also helped him find doctors back home in Minnesota. He had a lot of questions—whether to see an orthopedic doctor, a chiropractor, and what steps to take next. We were able to guide him through that process.
Yeah, and shifting gears a bit—another issue we see, especially during spring break, involves alcohol-related accidents. You’ll have college or even high school students drinking, getting behind the wheel, and causing accidents.
In those cases, you obviously have a claim against the driver. But sometimes there are additional claims—like against bars or restaurants—under what’s known as dram shop liability.
Right. And those cases are tough. Florida law is not particularly favorable to the injured party in those situations. For a bar to be liable, they must knowingly serve alcohol to someone who is underage.
And that’s difficult to prove.
It is. You can try to prove it through circumstances—like showing the person clearly looked underage—but it’s often a gray area. I’ve handled many of these cases, and some move forward while others get dismissed. They’re always challenging.
And if the underage person used a fake ID, that becomes a major defense for the bar.
Exactly. If the bar can prove the person used a fake ID that appeared valid, that’s a complete defense under Florida law. Then the focus shifts to whether the bar followed proper procedures—did they check IDs properly, use scanners, or train employees to spot fakes?
But overall, if a fake ID was used, it’s an uphill battle.
Another big issue we see involves pools—especially with tourists staying at hotels, condos, or vacation rentals.
Right. That brings up the concept of an “attractive nuisance.” It’s a legal term that basically means property owners have a heightened duty to protect children from hazards that might attract them—like swimming pools.
Because of that, property owners are required to have safety measures in place—like fences, secure gates, and proper locking mechanisms—to prevent children from accessing the pool unsupervised.
There’s a big difference between how the law treats a 16-year-old versus a 3-year-old. If a young child gets into an unsecured pool and is injured, the property owner can be held responsible.
And we see this not just with homeowners, but often with commercial properties like hotels and apartment complexes. Sometimes they have the right safety features in place, but they’re not maintained—like a broken gate latch that’s been ignored for months.
Exactly. It’s not just about installing safety measures—it’s about maintaining them. Otherwise, it creates liability.
And the reason these laws exist is because kids are naturally drawn to things like pools, but they don’t fully understand the risks—especially younger children.
Right. And we’ve even seen newer safety features, like alarms on sliding doors that go off if the door is left open too long. They can be annoying, but they’re there for a reason.
But again, if those systems aren’t maintained properly, that can create liability too.
At the end of the day, it’s a serious issue for both property owners and parents. Kids are naturally curious—they’re going to find danger if it’s there. The goal is to have safeguards in place to prevent tragedy.
Absolutely.
No matter your injury, Nonni & Homola is here to help you recover.
Visit noho.law today.
Jaeson continued his studies at Florida State University College of Law, graduating with a Juris Doctorate in 2011. Throughout his law school career, Jaeson regularly volunteered his time at Florida Legal Services, where he assisted with several projects aimed at advancing the rights of low-income families in Florida. Jaeson has recovered millions of dollars from individuals for his clients. For his efforts, Jaeson was inducted in 2016 into the Multi-Million Dollar Advocates Forum. At the time of his induction, he was one of the youngest attorneys in the State of Florida to be inducted.
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