Miami Injury Lawyer Blog

Previously, this blog discussed the elements of product liability claims as they relate to recalls by the U.S. Consumer Product Safety Commission (“USPSC”) of various defective consumer products. Many times the circumstances associated with product liability claims spur attorneys to use a unique legal device to obtain recovery when multiple individuals have been injured.

When a sufficiently large number of people are injured by a product that was defectively manufactured or designed, the group’s legal claims may be pursued by means of a “class action” lawsuit.

A class action lawsuit is a type of legal claim that groups multiple individuals together so they can litigate their claims as one. In order to commence such an action, however, the class must first be certified by the court in which the lawsuit is filed. To be certified by the Court a class must possess four qualities:

1 Numerosity. Any class must be made up of a sufficient number of claimants. The number must be large enough that it would be impractical for each person to file an individual lawsuit.

If, for instance, three people are injured in a bus crash caused by a defective braking system, it would still be practical for each individual to file their own lawsuit. However, if the same crass injured fifty people, a class action would be the most efficient and reasonable manner in which to handle the claims.

2 Adequacy. All classes are required to identify an individual or individual(s) as the representative(s) of the class. The representative(s) must epitomize the legal interests of the other class members.

3 Commonality. A class action’s members must have common legal and factual claims. Take the bus crash example discussed above. If a number of people were injured in the bus crash, that group of individuals would have common legal and factual claims based on the facts and circumstances of a single event.

4 Typicality. The class representative(s)’ legal and factual claims must be characteristic of the claims of all the class members. Class representatives must “possess the same interest and suffer the same injury as the class members.” General Tel. Co. of Sw. v. Falcon.
The absence of any of these four qualities will result in the reviewing court to decline certification of the class. If, however, the class is successful in obtaining certification, there are additional steps it must take before commencing litigation.

First, all potential class members must be notified as to the existence of the action and the nature of the claim. This notice has to describe the action and provide the potential class members an opportunity to “opt out", or elect not to participate, of the class. Similarly, if a settlement of the class action is proposed, all members must be advised of the terms of the settlement and again given the chance to opt out.

The qualified Miami product liability attorneys of Gerson and Schwartz, P.A. have extensive experience representing groups of individuals in the context of class actions who have suffered personal injury as the result of the negligence of another. If you or someone you know has been harmed by someone else’s negligent conduct, contact the attorneys of Gerson and Schwartz, P.A. today

Earlier today, the 3rd District Court of Appeals affirmed a Miami Dade trial court verdict of nearly 1 million dollars against Club Nikki on South Beach. The case arises from an assault that occurred at Club Nikki and the Nikki Beach Club back in August of 2009. The victim, David Millian sustained facial lacerations after another patron attacked him with a glass by the bathroom on a Saturday night. A Miami-Dade County jury awarded the Plaintiff just over one million dollars after a six day trial. The lawsuit was styled Milian v. Penrod Brothers Inc. Club Nikki Beach is owned by Penrod Brothers Inc. and is located on One Ocean Drive on South Beach. Attorneys Philip M. Gerson, Nicholas, I. Gerson and Edward S. Schwartz, PA represented sued the club based on negligence principles. Under Florida law, night club operators are liable for the negligent acts of their employees. The allegations included that the Penrod Brothers Inc, failed to provide reasonable security on the premises which resulted in serious injuries to the Plaintiff. The Miami, Florida personal injury attorneys at Gerson and Schwartz, PA specialize in premises liability, negligent security, and crime victim cases throughout Florida.

Continue reading "3rd DCA Affirms nearly 1 Million Dollar Verdict against Club Nikki and Penrod Brothers " »

Florida A&M University responded last week to the wrongful death suit filed against it by the parents of Robert Champion, the young drum major who died at the hands of fellow marching band members during a notorious hazing incident that took place in Orlando last November. Triggering a tide of national media criticism, FAMU asked the Orange County Circuit Court to dismiss claims against it on grounds that Mr. Champion’s submission to hazing was itself an illegal act, and that, in any case, the University did all that it was required to do in the way of discouraging hazing practices.

According to a September 11, 2012 Orlando Sentinel report, the attorney for Mr. Champion’s family was shocked by FAMU’s blame-the-victim defense strategy, and he continues to maintain that FAMU is liable in damages because it failed to take available measures to end the culture of hazing that influenced members of its famous Marching 100 band, including Mr. Champion, to perform the “gauntlet” ritual that ended Champion’s life.

Civil Claim For Events That Included Alleged Criminal Activity by Others

FAMU’s court filing includes an alternative request that draws attention to another dimension of this case, which is the alleged criminal nature of the beatings that led to Mr. Champion’s death. The University is asking that if the lawsuit is not dismissed outright, then it be postponed until criminal prosecutions of band members charged in the hazing have been concluded. Twelve marching band members are currently fighting felony charges brought against them under Florida’s anti-hazing law. FAMU is apparently hoping that convictions of the band members will somehow reduce or erase its own liability for the activities that caused student Champion’s death. This, however, is not the way things are likely to work, because Florida’s anti-hazing law, and a body of court decisions that have addressed hazing, quite clearly impose on universities responsibilities that are not negated by the criminal acts of others.

Continue reading "Florida A&M Moves to Dismiss Hazing Death Suit. Sovereign Immunity a Problem for Injured Victims in Florida " »

This week a man was shot and killed and another man was seriously injured outside the nude dancing Miami night club, called "Club Lexx", located on NW 27th Ave. in Miami, Florida. A witness stated that an altercation took place between the security guard and the two men who were shot. Both individuals were taken to Jackson Memorial Hospital following the shooting. One died and the other remains in stable condition. What if any security measures there were at the club and or parking lot are not clear. However, according to sources this was not the first violent crime at this Miami location. Other reports state that a van in the parking lot was riddled with bullets. It is still unclear if there was any security measures in the parking lot.

Individuals who go to nightclubs must rely on the security to keep them safe. Especially, at a place where the patrons are checked to ensure they do not have any deadly weapons on their persons when entering, the customer's expectation is that no deadly force will be used against them even in a confrontation. A security guard should not be shooting at unarmed individuals who do not pose an equal threat to their safety.

Continue reading "Club Lexx Night Club Shooting : One Man Killed by Security Guard" »

In the early morning hours today, two men were injured at Spotlight nightclub in Hialeah, Florida, after a fight ensued and gun shots were fired. Currently, two people are at Jackson Memorial Hospital. A third man was arrested and taken into custody by police. The shooting occurred at East 25th St. between 6th Ave. and 8th Ave. According to Detective Eddie Rodriguez, an investigation is underway and the streets will not be opened until noon today in the area.

Attorneys at Gerson & Schwartz, PA handle cases for crime victims who have been injured in night clubs or bars due to negligent security. The firm has 40 years of experience and expertise in the area of security negligence and premises liability. They have recovered jury awards in the millions for their clients. The attorneys at Gerson & Schwartz, PA are highly specialized at handling cases, where security personnel is at fault for not protecting its patrons from forseable and preventable injuries. If you or someone you know has been the victim of an accident or a crime at a public place, contact the Law Offices of Gerson & Schwartz today for a free consultation.
(305)371-6000 or info@gslawusa.com

Two cases of sexual assault occurred at the landmark Fountainebleau Hotel and Resort on Miami Beach last week.( The Miami Herald )In each instance, a woman was allegedly attacked and the assailants were both arrested by the Miami Beach Police. Why is it that their level of security does not measure up to the high quality attractions, including state of the art architecture, restaurants, pools, bars and night clubs which are all considered to be among the finest in the city of Miami Beach?

The Fountainebleau had a major renovation recently in which this iconic property was transformed from the Art Deco Era’s mecca to South Beach’s counterpart today. Certainly, the level of security should be expected to compliment the Fountainebleau’s other massive improvements.

In fact, Miami Beach police arrested a 26 year old male, Rafael Mungia, age 23 for allegedly raping a 23 year old woman, a hotel guest who was asleep in her Penthouse room in the Chateau building of the property. At Gerson & Schwartz, PA, we are interested in finding out how this could have taken place. Crime’s like this are inexcusable and should never occur, especially at a property of this magnitude and with such a fine reputation, said Nicholas Gerson.

Following this incident, the Fountainbleu further neglected to beef up their security despite what happened and yet another sexual assault occurred. This time at the pool area, no less, a very public part of the hotel if not the largest public area this resort boasts.

As hotel personnel stood by watching the assailant flee the scene, the victim was “found with an unknown subject” on top of her. (NBCmiami.com) Evidently, cameras captured this incident, yet no security measures were taken to prevent prevent it in the first place. This is grossly negligent of the hotel and its security staff. Attorneys at Gerson & Schwartz, PA have years of experience recovering damages for crime victims like this.

So, how is it that the legendary Fountainebleau Hotel and Resort does not have enough security to prevent rapes from happening right out in the open? They have spent millions of dollars renovating this famous destination property on Miami Beach but obviously have not invested in the security of their guests.

Crime victims such as the women who were vacationing at the Fountainebleau, deserve restitution. Negligent Security issues such as these are a specialty at Gerson & Schwartz, PA. Just last year, Attorneys Philip and Nicholas Gerson recovered 1.5 million dollars for a woman who was raped, who’s assailant was caught on tape.

Continue reading "Negligent Security Attorneys Warn Against Sexual Assaults at Miami Beach Hotel" »

A Miami Dade County jury awarded $ 1,050,000.00 to a club patron against Penrod Brothers Inc., d/b/a Nikki Beach Club. The trial in Milian v. Penrod Brothers Inc., d/b/a NIkki Beach Club lasted nearly two weeks before being sent to the jury Wednesday afternoon. After 4 hours of deliberations the Miami - Dade County jury found Defendant Penrod Brothers Inc. was 100% at fault. The case was tried by Philip M. Gerson and Nicholas I. Gerson of Gerson and Schwartz, PA.

Continue reading "Miami Jury Awards $ 1,050,000 Verdict for South Beach Night Club Victim " »

MIAMI, FL—Federal prosecutors announced on Aug. 23 that two of the five individuals whom South Florida Violent Crimes Task Force members arrested in connection with a recent robbery and fatal shooting of a Brink’s armored truck courier at the Miami Gardens-based Calder Casino and Race Course were actually employees at the casino. The violent robbery/murder happened around 5 p.m. on August 21, according to information provided by NBC Miami.

Officials apprehended 26-year-old Hollywood resident Uri Steven Ammar, as well as 25-year-old Vladimir Louissant, 26-year-old Victoria Barkley, 23-year-old Byron Kyler and 26-year-old Reginald Mitchell, all of whom reside in Miami Gardens, for their involvement in the deadly shooting and robbery of 26-year-old Brink’s armored truck guard Alvaro Lopez Ramos.

Previous reports indicated Louissant waited for the Brink’s employee Alvaro Ramos to return to his armored truck, accompanied by Calder employee Uri Ammar. When Ramos did arrive, Vladimir Louissant shot him next to the armored truck, which was parked outside Calder Casino and Race Course. The shooting victim sustained fatal bullet wounds in the incident.

Louissant, on the other hand, fled the scene in Byron Kyler’s truck after robbing the courier of about $345,000. Reginald Mitchell, also an employee at the Miami Gardens casino, was identified as the getaway driver.

Victoria Barkley was identified as the individual who picked up both Mitchell and Louissant after they dropped off the truck used to flee the scene of the Miami Gardens shooting.

All detained suspects were reportedly denied bond. The case is ongoing.

Continue reading "Miami Crime Victim Attorney News: 2 of 5 Suspects Arrested in Fatal Robbery, Shooting Outside Calder Casino Were Employees " »

Recently, a stabbing at a bar left three deaf men and a bouncer wounded because a woman allegedly thought the men were throwing gang signs at her, though they were communicating with sign language, NBC News reports.

While all the facts of the case haven't been revealed and the defendants haven't been convicted, the case may be an example of neglient security in Miami. Often, a Miami personal injury attorney can hold business owners, schools and landlords accountable for injury on their property that occurs as a result of failure to provide adequate security.

Premise liability and security negligence are legal concepts that apply to crime victims and accident victims in public places where business owners neglect their responsibility to keep patrons or residents safe.

While slip and fall accidents are a common type of premise liability case, negligent security refers to injuries on someone's property that result from their failure to provide guests or residents with a reasonable expectation of safety.

Consider the victim of an assault or battery at a bar or restaurant. Everyone goes out for entertainment and they have a reasonable expectation that they will be kept safe. If a particular establishment has a history of fights and doesn't provide adequate security and someone gets attacked, that could be grounds for a lawsuit. Evacuation injuries is another type of premise liability case in Miami, which can result when someone is injured during an evacuation of a restaurant, bar or apartment -- particularly when there is insufficient means of a clear exit.

This area of law is complex. Each case is unique and is best handled by a Miami injury law firm that has decades of experience handling Florida premise liability and negligent security cases.

Continue reading "Miami Negligent Security Cases may Stem from Negligence in Bars, Restaurants, Schools, Apartments" »