In today’s society, almost every driver has a cell phone. Whereas cell phones are often a lifesaver after an accident, or when a driver is stranded, they also pose a dangerous threat to motorists in the state of Florida. In 2015, approximately 45,740 accidents in Florida were attributed to distracted driving. About 24,560 of these crashes resulted in injuries, and, tragically, 198 resulted in fatalities. Nearly 200 individuals lost their lives in 2015 in Florida because a driver failed to pay attention to the road. Distracted driving accidents are on the rise and unfortunately will likely continue in the near future.

There are three categories of distractions on the road:

  • Visual, or taking one’s eyes off of the road;

Recovering for Slip and Fall Injuries in Florida

Slip and fall personal injury cases are included in premises liability personal injury claims in Florida. In a slip and fall case, injury victim needs to establish that  he or she was lawfully on the premises  and slipped and fell because the property of a dangerous condition on the premises. Negligence can be established by the showing that the Defendant property owner either created the dangerous condition, or that the dangerous condition existed on the premises for a sufficient length of time that the property owner either knew or should have known of the condition but failed to act in time to warn, or to correct the hazard. Under Florida law, slip and fall accidents and premises liability laws are found under Florida Statutes Section 768.0755, also known as “Premises liability for transitory foreign substances in a business establishment.  Under Florida law, slip and fall accidents usually arise from a wet, foreign or transient substances. These types of slip and fall injury claims are commonly filed against grocery stores, department stores, and other common areas in shopping centers, and other retail establishments.

In a slip and fall case, the accident victims must show that the property owner or operator had “notice” of the condition that caused the victim injury. And that that the owner or operator failed to act on this knowledge in a reasonable manner. Because the hazardous condition was not remedied, the victim fell and suffered injury. Consider a case where a woman is grocery shopping. She does not see a puddle of water on the floor. She slips in the puddle and falls, breaking her hip. After reviewing security footage and interviewing employees, it is determined that the water was on the floor for 30 minutes before the woman fell.  In this situation, one can argue that the store had notice of the spill because they should have known of the condition and did not discover it in time or take action to warn or clean it up. Therefore, the store would likely be liable for the woman’s injuries.

Miami Balcony Collapse Attorneys Discuss Legal Duties of Property Owners

Many people were shocked last year when six people died, and seven more suffered serious injury after a fourth-floor balcony collapsed during a party at an apartment building near the University of California at Berkeley.  While the incident was tragic, it was far from unprecedented.  57 people suffered injury, and 13 people died when a third-floor porch collapsed in Chicago in 2003.  These are just two of many such incidents that have caused injuries and fatalities over the years.  In this blog, our Miami premises liability attorneys discuss the types of negligent conduct by property owners that contribute to balcony collapse accidents.

In Florida, owners of commercial and residential property have a legal duty to maintain their property in a way that minimizes the risk of injury to visitors.  When the owner of a business or residence fails to pay attention to the number of people or weight load on a deck or balcony, the consequences can be broken bones, catastrophic injuries, paralysis, traumatic brain injuries, and fatalities.  If you have been injured in a patio, balcony, or deck collapse, you should speak with a Miami personal injury law attorney with experience handling premises liability and balcony collapse claims who can protect your interests and pursue the fullest financial recovery.

Doug
Traffic accidents involving commercial motor vehicles can cause substantial injuries. Unfortunately, these accidents occur all too often. The Federal Motor Carrier Safety Administration reports that in 2014 there were 3,424 injuries in large truck crashes that resulted in at least one fatality while 82,000 of the accidents resulted in at least one nonfatal injury.

Commercial motor vehicles are subject to a variety of regulations both state and federal. Some of these include the number of hours a driver can operate and other physical conditions and limitations that passenger vehicles are not required to follow including acceleration, braking, and visibility-related issues which are all more likely to result in substantial injuries than accidents only involving passenger cars. There are several important factors to consider when analyzing why commercial motor vehicle accidents are more likely to cause injury than automobile accidents involving passenger cars. Our Miami injury and accident attorneys have years of experience representing clients injured in auto, truck, and commercial vehicle accident cases. Some other factors our lawyers will analyze in a truck or commercial vehicle accident case include:

  • Size and Weight: Commercial motor vehicles weigh between 16,000 to 20,000 pounds. For example, any commercial motor vehicle that weighs beneath 80,000 pounds in gross is permitted to operate without a special permit. Commercial motor vehicle collisions involve objects of much greater size and force coming to a stop, which greatly increases the likelihood of injuries occurring.

Rapes and sexual assaults on cruise ships happen often. Recently, 1,700 young students boarded the Luxury MS Galaxy cruise ship on a trip to Finland. What was intended to be a rewarding experienced turned ended in tragedy. Eight male passengers between the ages of 18 and 19 were arrested when the cruise ship landed.  Said men face charges of gang-raping a female student and aggravated rape. The attack occurred inside one of the ship’s cabins. One of these eight men has a prior criminal conviction. Two of these eight men are actually suspects in a separate high-profile murder case in Stockholm. Said murder occurred in November of 2015. As suspects to the murder case they were released pending trial and provided the opportunity to violently offend again.     

If you or a loved one have been attacked on a cruise, it is imperative that you hire an attorney for your case. The Miami maritime lawyers at Gerson and Schwartz, PA have the experience and skill needed for your case. For a FREE initial consultation, call (305) 371-6000 or toll free at (877)-475-2905.  You can also contact us online at info@gslawusa.com.

Sexual Assault and Sexual Battery

DSCN5905Injuries resulting from riding a motorcycle occur daily, and some of these are merely accidents. Some, however, are the result of someone’s negligence on the road. In the case of negligence, cyclists may have a case against the person who caused the accident. Automobile drivers who fail to respond or view the cyclists before it is too late are the primary causes of these accidents. Motorcycle riders can seek compensation resulting from medical care costs and/or lost wages in these cases.

If you or a loved one has experienced a personal injury or wrongful death related to a motorcycle accident, you may want to find an attorney that will help you obtain the compensation you or your family deserves. The Miami motorcycle accident lawyers at Gerson and Schwartz, PA provide FREE initial consultations to discuss cases involving such accidents. Simply call (305) 371-6000 or toll free at (877)-475-2905. You can also contact us online at info@gslawusa.com.

Motorcycle Crashes

2df17917a5f8fa07c15036734f5fd278The term “personal injury” usually brings to mind car accidents, but this broad legal term is associated with a number of different injuries resulting from any type of negligence. Medical devices that are defective, negligence on the road or in a long-term care facility, and even improper instructions on how to handle dangerous chemicals could come into play in personal injury cases.

If you or a loved one have experienced a personal injury or wrongful death related to any type of negligence, you may want to find an attorney that can help you obtain the compensation you and your family deserves. The Miami personal injury lawyers at Gerson and Schwartz, PA provide FREE initial consultations to discuss cases involving such accidents. Simply call (305) 371-6000 or toll free at (877)-475-2905. You can also contact us online at info@gslawusa.com.

The Role of the Plaintiff in Personal Injury Lawsuits

file3451272140532It is not uncommon for nursing facilities and long-term care homes to be involved in lawsuits, even those involving wrongful death. Negligence on the part of the nursing facility staff are often cited as the prime causes of an injury or death for their residents. Patients and family members of patients have the right to bring these care facilities to justice and collect any compensation they deserve. A recent wrongful death case involving a facility has led to some new laws to help beneficiaries of an estate recollect the money that had been allocated toward medical expenses.

If you or a loved one have experienced an injury or death related to negligence at a nursing home or long-term care facility, you may wish to speak to an attorney who can help you obtain the compensation you and your family deserve. The Miami personal injury lawyers at Gerson and Schwartz, PA provides a FREE initial consultation to discuss your case. Simply call (305) 371-6000 or toll free at (877)-475-2905. You can also contact us online at info@gslawusa.com.

Wrongful Death Suit in Oklahoma

Messenger.svg
Bicycle injuries are common across the world, and despite regulations and rules regarding bike safety, it does not appear that accidents have lessened. A recent case in Ireland is an example of how a cyclist can fight for his or her rights and obtain the compensation deserved following an accident. While not all cyclists have a case, if a bicycle accident was caused by another motorist, it may be wise to consider some type of personal injury lawsuit. This could help cover medical fees along with any other expenses related to the accident.

If you or a loved one have experienced a personal injury related to a biking accident, you may wish to seek an attorney that will help you obtain the compensation you deserve. The Miami personal injury lawyers at Gerson and Schwartz, PA provides a FREE initial consultation to discuss your case. Simply call (305) 371-6000 or toll free at (877)-475-2905. You can also contact us online at info@gslawusa.com.

Injured Cyclist Awarded Over $33,000

Pokémon_Go_PlusPokémon Go has taken the gaming world by storm, with the app launching in over 30 countries within a matter of weeks. Players of this game are constantly focused on their phones, which may possibly increase the number of personal injury cases the become involved in. For example, some people who have played the game have caused car accidents, and it is only a matter of time before these accidents become more frequent and severe. Hopefully, developers of the game can find new ways of encouraging game players to become more cautious during live game play.

If you or a loved one have experienced a personal injury, regardless of the cause, it is imperative that you hire an attorney for your case. The Miami personal injury lawyers at Gerson and Schwartz, PA have the experience and skills needed for your case. For a FREE initial consultation, call (305) 371-6000 or toll free at (877)-475-2905. You can also contact us online at info@gslawusa.com.

Pokémon Go: All Fun and Games Until Someone Gets Hurt

badges