Miami Injury Lawyer Blog

This past March, Florida’s Second District Court of Appeals tackled an important issue in the case of Smith v. Llamas, addressing the inquiry as to whether a Florida car accident victim’s injuries are temporary or permanent and if this question should be answered by a jury. The Court ultimately held that the permanency of injuries is a question of fact, and, as such, is the sole province of the jury.

In Smith, Fernando Llamas was injured in car accident when his vehicle collided with that of Shana Smith. Llamas sued Smith for negligence, claiming that that he had suffered significant injuries to his neck and knee in the accident. Smith maintained that she was only partially responsible for the collision and, pursuant to Florida's comparative negligence doctrine, her liability must be reduced by the proportion of Llamas’ liability.

At trial, Llamas presented expert testimony by a neurosurgeon stating that Llamas' neck injury was permanent due to the fact that surgery could not completely eliminate the injury. In rebuttal, Smith’s expert, an orthopedic surgeon, testified that Llamas’ neck injury was not permanent and was not caused by the accident.

Llamas had another doctor testify that his knee injury was permanent and caused by the accident, however, Smith argued that the doctor’s conclusion was based on an inconsistent and inaccurate medical history that was provided by Llamas.

After trial, a jury determined that Smith was entirely liable for the accident and awarded Llamas approximately $40,000 in damages, for past medical expenses. The jury concluded that Llamas' injuries were not permanent and therefore did not award any future medical expenses. Llamas moved for a new trial, arguing that the evidence presented at trial established that he had sustained permanent injuries related to the crash. The trial court agreed and granted Llamas a new trial.

On appeal, the Second District reversed the trial court, holding that the trial court had abused its discretion by setting aside the jury verdict. Florida law states that, to set aside a jury verdict, it must be so unjust to warrant a new trial and "the evidence must be clear, obvious, and indisputable.”

Citing this standard, the Court opined that there was "conflicting evidence on whether Llamas sustained a permanent neck injury in the accident” and the jury could have properly determined that “Llamas did not sustain any knee injury as a result of the accident in light of evidence that he provided an inaccurate medical history and did not seek treatment for a knee injury until eight months after the accident.”

The degree and permanency of a victim’s injuries are often one of the most hotly contested issues that arise with regard to motor vehicle accident cases. The Miami car accident attorneys of Gerson and Schwartz have extensive experience representing individuals who have been injured in car accidents. If you or someone you know has been injured by the negligence of another, contact us today.

Earlier this year, Florida’s Second District Court of Appeals addressed the question as to liability of a co-owner of a vehicle for injuries caused by the negligent driving of the car’s other owner. In Ortiz v. Regalado, Andy Ortiz (“Andy”) was driving a car which he co-owned with his father when he collided with the vehicle of Lourdes Falcon, killing Ms. Falcon’s daughter who was a passenger.

Ms. Falcon filed a lawsuit, claiming that Andy was negligent in causing the accident and that his father was vicariously liable for Andy’s negligence as joint owner of the vehicle. As this blog has discussed before, vicarious liability, or respondeat superior, is a legal theory under which the superior, in this case Andy’s father, is held liable for the acts of his or her subordinate, in this case Andy.

After a trial, a jury found that Andy and Ms. Falcon were each 50% at fault for the accident and awarded Ms. Falcon a judgment for approximately $1.4 million in damages. Under Florida’s comparative negligence law, each party to an accident is held proportionately liable for damages resulting from his or her negligence. Accordingly, the court ordered Andy and his father jointly liable to pay half of the $1.4 million judgment.

On appeal, Andy’s father argued that he was not involved in the accident and should not be held liable merely because he was a co-owner of the vehicle. Andy’s father contended that he was entitled to a reduction in the damages under section 324.021(9)(b)(3) of the Florida Statutes, which sets a limit on damages for which an owner of a vehicle is responsible when the owner loans the vehicle to another whose negligent operation of the vehicle results in damages to another.

In rejecting this argument, the Court recognized that, although the law limits damages for the owner of a vehicle when the owner loans the vehicle to another, in this case, Andy’s father did not loan the car to Andy, rather Andy was lawfully driving the vehicle as its joint owner. The Court opined that, "An owner of an object can only loan that object to another who has no legal right to the object,” concluding that because the language of 324.021(9)(b)(3) is clear and unambiguous, the Court was required to give it its plain and obvious meaning.

Although the Court rejected the argument of Andy’s father, it acknowledged that the term "loans," was not defined in the statute. Accordingly, the Court further held that, “[b]ecause vicarious liability is of major concern to the citizens of Florida” it was necessary to certify a question to the Florida Supreme Court as to whether the damages limit under 324.021(9)(b)(3) should apply to vehicle co-owners.

Given the fact that thousands of vehicles on Florida’s roadways are co-owned, the Ortiz decision, as well as any subsequent decision by the Florida Supreme Court, is of particular importance to both plaintiffs and defendants alike.

The Miami personal injury attorneys of Gerson and Schwartz, P.A. have extensive experience representing individuals who have been injured in car accidents. If you or someone you know has been injured by the negligence of another, contact the attorneys of Gerson and Schwartz, P.A. today.

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

Texting while driving is a rampant problem across the US, which often times leads to catastrophic car accidents. The state of Florida is one of the only remaining states who had not yet passed a law banning texting while driving, until now. The senate has approved and passed Bill 52 making texting a secondary violation for drivers, who are cited for a primary driving infraction. If it is discovered, that a driver is typing on any device whatsoever, he or she will receive an additional citation for this, now illegal activity.

Statistics indicate that thousands of teens and adults are killed each year due to texting and driving. Miami auto accident attorneys, as well as law enforcement deal with these critical cases on a regular basis. The dangers of distracted driving have been proven over and over again throughout the world. According to Distraction.Gov, drivers who use a hand held device are 4 times more likely to get into life threatening car accidents. Sending a text or an email can take a driver’s eyes of the road for an average of 4.6 seconds, resulting in serious car accidents that cause injury to drivers, passengers and pedestrians, alike.

Personal injury attorneys Nicholas and Philip Gerson have seen firsthand what can happen when a careless driver is holding the wheel and a hand held device at the same time. They have handled numerous cases in which a driver who sent a quick text or email caused serious harm to their clients. Wrongful death cases or cases of catastrophic injuries are the result of driver negligence.

If drivers were not otherwise distracted, they would have been paying closer attention to the road. Texting or sending emails while driving takes the driver out of the moment and away from noticing the street signs, lights, or innocent pedestrians. Frequently, teen agers who are new drivers are easily distracted by texting while driving. Due to their young age and inexperience, children’s slower reflexes become a handicap for them while navigating the road. 11 teenage drivers die every day in the US due to texting and driving.

Continue reading "No Texting While Driving Passes in Florida Senate" »

Typically, when a person is injured in a car accident, the insurance company of the at-fault party will step in and attempt to settle the dispute on behalf of its insured. Sometimes, however, the insurance company is unable or unwilling to settle the claim, forcing the injured party to sue. The injured party may later receive a judgment against the insured party that exceeds the amount of the insured’s coverage, leaving him or her on the hook to the injured person for the full amount of the award less what was covered by under the insurance policy.

Under Florida law, bad faith claims allow the insured to sue his or her insurance company to recover the difference between the limit of coverage and the amount of the judgment if the insurance company acted in “bad faith” in attempting to settle the injured party’s claims. Last month, the United States District Court for the Middle District of Florida, issued an opinion in the case of Markel American Insurance Company v. Flugga discussing the elements of a bad faith claim and the elements necessary to establish such a cause of action.

In Flugga, Mark Flugga was found to be at fault for a 2010 motor vehicle accident in which he, his passenger, and two individuals in another vehicle were injured. Flugga's insurance company, Markel American Insurance Company, was notified of the accident four days after it occurred.

At the request of the attorney for Flugga’s passenger, Markel provided information concerning Flugga's coverage in April of 2010. Later, Markel requested information regarding the passenger’s injuries, after which the passenger’s attorney notified Markel that there was a publicly recorded hospital lien for more than $72,000 for hospital bills related to treatment for the passenger’s injuries. The passenger’s attorney also informed Markel that the passenger had filed a lawsuit against Flugga for negligence.

Markel tendered a check to the passenger’s attorney for $10,000, which was the limit of coverage under Flugga’s policy. The check was returned and no further discussion was had regarding settlement. On the day before trial was to commence on the negligence lawsuit against Flugga, Markel filed an action in Federal District Court asking the court to declare that Markel had not acted in "bad faith" in the handling of the passenger’s claim.

The District Court held that, generally, the lack of a settlement offer by itself is not sufficient to prove that an insurer acted in bad faith in handling a claim. The Court further opined that an insurer has an obligation to attempt to negotiate a settlement when liability is clear and the known injuries are sufficiently serious that a judgment would likely exceed the insured’s policy limits.

In applying its analysis to Flugga’s case, the Court concluded , “[G]iven the minimal coverage of $10,000 as compared to the known injuries suffered*** coupled with [the] retention of a lawyer to press [the] claim and the time that elapsed from the date of the accident to the tender of the policy limits, there is a genuine issue of fact as to whether***Markel American acted in bad faith.” The Court then dismissed the action, maintaining that the bad faith issue could properly be litigated in the state court action.

In a car accident where the liability is obvious and the damages are in excess of the policy and if the insurance company fails to settle the case for less than case value, you too may have a a bad faith claim under Florida law. The Miami, Florida personal injury attorneys of Gerson and Schwartz, P.A. have extensive experience representing individuals who have been injured in car accidents and are forced to deal with insurance companies. If you or someone you know feel your insurance company is not acting in good faith to resolve a claim, contact the attorneys of Gerson and Schwartz, P.A. today for a free consultation.

Last month, the U.S. Supreme Court issued a landmark opinion in the case of Wos v. E.M.A. that protects the rights of those who receive settlements or judgements following an accident. Specifically, the ruling prevents states from taking unnecessary large portions of the award for Medicaid reimbursements.

In WOS a victim of medical malpractice and subsequent Medicaid recipient challenged a North Carolina statute requiring that up to one-third of any settlement recovered by a Medicaid beneficiary be paid to the State as reimbursement for payments made for medical treatment. The victim estimated her damages to exceed $42 million, but she eventually settled the claims for $2.8 million. The state court approved the settlement but put one-third of the recovery into escrow pending a determination as to the amount owed to North Carolina for Medicaid payments.

While the case was pending, the North Carolina Supreme Court issued an opinion holding that the irrebuttable statutory one-third presumption was a reasonable method for determining the amount due the State for medical expenses. The Federal District Court that originally heard WOS agreed with the North Carolina Supreme Court, but, on appeal, the Fourth Circuit Court of found otherwise. The U.S. Supreme Court granted certiorari to resolve the conflict between the Fourth Circuit and North Carolina Supreme Court.

In a previous case, the Supreme Court held that the federal Medicaid statute sets both a floor and a ceiling on a State’s potential share of a beneficiary’s tort recovery. The Court determined that federal law requires an assignment to the State of “the right to recover that portion of a settlement that represents payments for medical care,” but also “precludes attachment or encumbrance of the remainder of the settlement.”

Unfortunately, the earlier case did not establish how to determine what portion of a settlement constitutes payment for medical care, allowing North Carolina to adopt the statute presuming one-third a recipient’s the recovery represents compensation for medical expenses.
Writing for a 6-3 majority in WOS, Justice Kennedy stated that the statute’s arbitrary determination that one-third of every settlement was reimbursable to Medicaid constituted a violation of the Federal Medicaid anti-lien provision.

Continue reading "United States Supreme Court Strikes Down Arbitrary State Medicaid Recovery Legislation" »

Recently, the National Safety Council (“NSC”), a nonprofit organization dedicated to injury and death prevention, designated the month of April distracted driving awareness month and introduced a plan asking all motorists to participate in remedying this problem plaguing our nation’s roadways.

Distracted driving is becoming an increasingly serious issue across America. Despite a rising number of distracted driving car accidents each year, many states, including Florida, have been slow to adopt measures to curb the problem.

Indeed, Florida has yet to pass any law banning the use or cell phones in any capacity while driving. Thirty-nine states and the District of Columbia have already adopted texting while driving bans and many others have restrictions on cell-phone use. As has been discussed by this blog before, several bills proposing statewide bans on texting while driving have passed through the Florida Senate, but failed in the House of Representatives.

According to recent statistics, of the more than 170,000 crash reports filed in Florida during the first ten months in 2011, over 100 involved motorists that were texting at the time of the accident. That number is almost certainly too low, however, as most driver’s would be reluctant to admit to texting while driving. Studies have found that almost a third of motorists admit to using their to using their cell regularly while driving. Over two-thirds of drivers professed to using their cell phone while driving at least once in the previous month.

Further, according to a 2009 report compiled by the National Highway Traffic Safety Administration (“NHTSA”), 5,474 people were killed on U.S. roadways and an estimated additional 448,000 were injured in motor vehicle crashes that were reported to have involved distracted drivers. Of the distracted driving crashes resulting in the death of an individual, 995 were reported to involve a cell phone as the distraction. Of the distracted driving crashes resulting in an injury to someone, over 24,000 were reported to involve a cell phone as the distraction.

Continue reading "National Safety Council Designates April As Distracted Driving Awareness Month" »

Earlier this month, The Miami Herald reported on the unfortunate death of a Florida International University student as a result of a hit-and-run accident. Forty-three year-old Melita Jaric was walking across Southwest 11th Street in Miami, Florida, when she was struck by a car driven by an unknown individual.

Jaric suffered serious injuries, including a fractured skull and left arm, as well as experiencing substantial swelling of the brain. Jaric was transported to nearby Jackson Memorial Hospital where she remained in a coma for several days before succumbing to her substantial injuries.

Investigators interviewed neighbors following the incident, many of whom complained that the four-way-stop at the intersection is regularly ignored. According to one resident, “This street has become like a race track. Everybody passes by here. Don’t respect the stop sign.”

Continue reading "Florida International University Student Killed In Miami Hit And Run Accident" »

Florida legislators are considering measures that would repeal Florida's No Fault Benefits, also referred to as Personal Injury Protection. Under the current law, Florida drivers are required to carry up to a total of $10,0000 in coverage. The benefits pays an insured's medical bills and expenses regardless of fault. Currently, the PIP covers up to 80% up to $10,0000 of medical bills and hospital related expenses and up to 60% of wage loss. Once the 10,0000 has been exhausted, accident victims must find other sources such as making a claim against the at fault party. Of course, that assumes the driver of the other vehicle also has coverage for bodily injury. In Florida, unlike many other states, bodily injury coverage is not legally required. Just recently, Florida's PIP laws were changed. Prior to January 1, 2013, there were not as many limitations on personal injury benefits such as who can claim them and under what circumstances. Now, the PIP laws require that injury victims seek medical attention within 14 days of an accident to receive maximum benefits. Other changes to the law require the diagnosis by a medical doctor that an accident victim sustained an "emergency medical condition", among others. The new laws also placed limitations on the types of medical providers that could get paid under PIP. The law now excludes massage therapists and acupuncture all together. The changes, of course were the direct result of insurance companies claiming that the system was being taken advantage of by medical providers and others in car accidents. Attorney referral services and other marketing companies that advertise for car accidents have also been under scrutiny by the Florida Bar. The "savings" argument was that the changes in Florida PIP laws would allow for future lower insurance premiums for all, and that savings would then be passed on to Florida consumers drivers. Of course, that logic and reasoning is now being questioned. In the midst of the new "Affordable Healthcare Act" ready to take effect, law makers are beginning to wonder if personal injury protection benefits will be necessary. Most states, require motor vehicle operators to carry bodily injury insurance. If PIP is repealed in Florida, Florida law would likely require all vehicle owners to carry bodily injury protection as well. Miami, Florida injury attorneys at Gerson and Schwartz, PA believe changes to existing Florida No Fault Laws are a good thing. Since bodily injury coverage is not required in Florida, many accident victims are left with little legal recourse if there is no insurance coverage available. The latest news is that the Florida Senate is considering a bill and other law makers are considering other legislation to address the issue. The bill that is in the works, would repeal Florida's No Fault Benefits. It appears that it may have a chance of being passed by both the house and senate as it appears it has gained much public attention and support.

Continue reading "Florida Senate Considering Bill Repealing Personal Injury Protection Laws" »

Florida lawmakers have passed a new law which was implemented January 1 stating that all drivers from foreign countries (including Canada) must have an International Driver’s License to operate a vehicle in Florida. Many of our clients have been seeking the advice of a personal injury lawyer in Ottawa to help them determine whether they would be covered in the event of an accident if they were driving in Florida without an International License.

Victims of motor vehicle accidents seeking a lawyer in Toronto may want to consult with the head office of the Insurance Bureau of Canada, which has recently issued a statement indicating that they’ve asked insurance companies to conduct business in the same way as they have to date, therefore protecting all Canadians if such an unfortunate event should arise.

On their end, the Florida Highway Patrol has indicated they will not be enforcing the new law as it is subject to review due to potential conflict with international agreements.

The Canadian issuers of the International Driver’s Permits have asked the State of Florida to change the law so that it does not apply to Canadians. We’re wondering what Florida accident attorneys such as the Miami Personal Injury law firm of Gerson & Schwartz , PA think of all this. In the meantime, we at Intraligi Law Firm would advise all our Canadian friends to obtain an IDP just to be safe before their next trip to Florida. Despite assurances to the contrary, you don’t want to have a car accident and then hear a police officer tell you you’re driving without a valid license, or worse yet, your insurance company. The last time we checked, the CAA website indicated the fee for such a license is $25. The annoying part is that you have to go get those passport photos taken before you can apply.

Stephan Intraligi, Hon.B.A., J.D., Esq.

Mr. Intraligi is a personal injury lawyer in Toronto, and also offers consultations as an injury lawyer in Ottawa to all victims of car accidents, slip and falls and all other type of personal injury related matters.

On March 2, 2013, FloridaToday.com reported on the unfortunate death of two Brevard County teens that were killed in a car accident caused by a suspected drunk driver. On February 28, 2013, Rachel Price, 18, and a passenger, Jamaree Cook, 19, were traveling west on U.S. 192 near St. Cloud, Florida when an oncoming pickup truck cut in front Price. Price’s vehicle collided with the pickup and then hit another vehicle stopped at the intersection, killing both Price and Cook. The driver of the pickup was arrested at the scene on suspicion of driving while intoxicated.

This unfortunate incident highlights a continuing problem of negligent and reckless drivers on Florida’s roadways. Because it is impossible to completely safeguard oneself from negligent drivers, it is important that motorists be aware that in the event they are injured in a car accident caused by the negligence or recklessness of another they have a right to compensation and in some instances punitive damages. Punitive damages are not recoverable in every case. Under Florida law, there first be a be a proffer of evidence in the record before a claim for punitive damages can even be included as part of a personal injury lawsuit.

Continue reading "Victims Of Drunk Drivers Entitlement to Punitive Damages in Florida " »

Yesterday, a Florida State Senate Senate committee unanimously approved Senate Bill 52 (“Bill 52”), which would impose a statewide ban on texting while driving. Similar bills have repeatedly passed through the Florida Senate, but failed in the House of Representatives. Thirty-nine states and the District of Columbia already adopted texting while driving bans.

The Florida Senate Communications Committee voted 9-0 in favor of SB 52 which outlaws texting by motorists but exempts police and other emergency vehicles. SB 52 would make texting subject to secondary enforcement, meaning that law enforcement can cite drivers for texting only if they had been stopped for another traffic violation such as speeding. Under SB 52’s provisions, an initial violation of the anti-texting law would result in a $30 fine. Further, if the illegal texting caused an accident, the driver would be assessed six points on his or her driver’s license.

A spokesperson for the Florida Department of Highway Safety and Motor Vehicles, Courtney Heidelberg, stated that Florida highway safety records indicate that, of the 171,538 Florida crash reports filed during the first ten months of 2011, 149 involved drivers that were texting at the time of the accident.

According to a recent study released by the AAA Foundation for Traffic Safety’s (“Foundation”), distracted driving is a growing concern and common practice among motorists. The study, referred to as the Traffic Safety Index (“Index”), was assembled based upon data gathered from surveys of 3,896 U.S. residents over the age of sixteen. The Index concluded that, although many Americans value safe travel and support laws discouraging unsafe driving behaviors, e.g. speeding, they tend to practice dangerous driving habits themselves.

According to the Index’s findings, 88.5% of drivers consider using a cell phone while driving a serious threat to motorist safety. Additionally, 67.3% of respondents feel that distracted driving is a bigger problem today than it was three years ago. Although most of the surveyed individuals expressed concerns about distracted driving practices, they also adopted a double standard with regard to support of measures to discourage such behavior.

More than two-thirds (68.8%) of respondents confessed to using their cell phone while driving at least once in the past thirty days. 31.9% admitted to doing so “fairly often or regularly.” However, 57.9% of surveyed individuals felt that talking on a cell phone while driving was a serious threat to driver safety and 66% considered the practice to be “unacceptable.”

Just recently, a Broward court entered an order granting a plaintiff in an automobile accident case with leave to plead punitive damage based on an accident with a driver that was text messaging. Under Florida Statutes, 768.73, punitive damages may be awarded if there is "clear and convincing evidence" of reckless disregard for the life and safety of others. In Florida, this legal standard has been often been applied to drunk drivers. More and more recently however, courts are allowing plaintiffs to pursue claims for punitive damage for injury and accident victims due to text messaging. However, most personal insurance policies don't cover punitive damages, or they are excluded under the policies, so there are practical limitations one must consider when pursuing a claim against a text messaging defendant. Considerations an experienced car accident attorney will look for include an investigation into the personal assets of the defendant, the existence of whether there is any third party liability, such as an employer/employee relationship, or some other legal theory under the law of agency.

Continue reading "Florida Legislature Consider Bill Banning Texting While Driving" »

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 " »

According to a recent story published by The Miami Herald, Texas A&M University’s Transportation Institute has issued its annual Urban Mobility Report for 2012, ranking the region encompassing Miami Dade, Broward, and Palm Beach Counties, eleventh of the fifteen worst urban areas in the nation for traffic congestion.

The study reviewed traffic conditions and patterns in cities and suburbs across America in an attempt to quantify the amount of traffic congestion in various regions and give researchers a way to measure the degree of unreliability associated with calculating the amount of time required to make a given trip. According to the report, the only areas in the U.S. with worse traffic congestion than the South Florida region were Washington, DC, Los Angeles, San Francisco-Oakland, New York-Newark, Boston, Houston, Atlanta, Chicago, Philadelphia, and Seattle.

Continue reading "Report Finds Florida FLorida Traffic Congestion Some Of The Worst In The Country" »

Recently, the Bradenton Herald reported on a three-vehicle accident on U.S. Route 41 in Bradenton, Florida that occurred on Thursday evening that left two motorists injured. According to the story, at approximately 11:00 p.m., the driver of a Toyota Corolla heading south on Route 41 spun out of control, striking a wall on the shoulder and then rolling back into the southbound lane of traffic.

The motorist driving a Chevrolet Metro behind the Corolla attempted to steer left around the wreck and lost control, eventually coming to a stop in the northbound lane. A driver traveling in the northbound lane was unable to avoid a collision with the Metro. The 27 year-old woman driving the Corolla, who was seriously injured and taken to a nearby medical center, was cited by police for careless driving.

What are your legal rights after a Florida car accident?

With more and more motorists on the road every day, these types of incidents are becoming increasingly common. Safety features built into newer vehicles are trying to address the consequences of each accident, but those safety features rarely actually prevent accidents. It is important for Florida motorists to understand their rights under the law so as to be protected in event they are injured in a motor vehicle accident.

Florida is one of twelve U.S. states that employs a “no fault” insurance scheme. Under a no-fault insurance scheme, when motorists are involved auto accidents which results in injuries to either party, each driver must submit any claims for compensation to his or her own insurance company, regardless of whether either party is determined to be at fault for the accident. Florida requires that motorists carry a minimum of $10,000 of personal injury protection (“PIP”) and additional $10,000 of property damage liability (“PDL”).

PIP covers necessary medical treatment and other economic damages that might arise from a motor vehicle accident, including up to 80% of medical bills and up to 60% of lost wages.

Continue reading "Understanding Florida Motorists’ Right To Compensation" »

A recent report prepared by the Advocates for Highway and Auto Safety (“AHAS”), calls on the elected officials of all fifty states to adopt 15 basic traffic safety laws that the AHAS maintains have the potential to save thousands of lives and billions of dollars each year.

According to the report, states that adopt the laws will benefit by reducing the number of preventable deaths and injuries due to traffic accidents, save on medical and work loss costs such as Medicaid, hospitalization, emergency responders and law enforcement, and qualify for federal grants designed to encourage enactment of traffic safety programs. The release also contains a report card grading each state’s efforts to adopt the proposed laws.

Fourteen states and the District of Columbia received “green” ratings, indicating significant advancement toward adopting all of the recommended laws. Six states received a “red” rating, indicating poor performance due to a dangerous lack of basic traffic safety laws. Florida was one of thirty states to receive a “yellow” rating, indicating that a “moderately positive performance but with numerous gaps still in [its] highway

According to the report, Florida saw 2,398 traffic fatalities in 2011 and suffered an average annual economic cost due to motor vehicle accidents of $14.4 billion. So which recommended traffic laws is Florida missing?

Continue reading "New Report Finds Florida Traffic Safety Laws Are Lacking" »

On January 7, 2012, the U.S. Department of Transportation's National Highway Traffic Safety Administration (“NHTSA”) released Federal Motor Vehicle Safety Standard No. 14 calling for manufacturers of hybrid and electric automobiles to ensure that their vehicles meet certain minimum sounds standards set forth by the federal Pedestrian Safety Enhancement Ac, (“PSEA”). Passed in 2010, the PSEA directs mandates the Secretary of Transportation promulgate motor vehicle safety standards establishing a requirement that electric and hybrid vehicles provide an alert sound to make pedestrians aware of the approaching vehicles.

According to an NHTSA press release, as a result of the fact they don’t rely on gasoline-power at low speeds, electric and hybrid engines are much quieter and difficult to perceive upon approach than their combustion-based counterparts. Standard 141 seeks to remedy this problem by requiring manufacturers to outfit electric/hybrid vehicles with some mechanism to emit a sound that is detectable beneath a wide range of street noises and ambient sound when the automobile is moving at less than eighteen miles per hour.

According to NHTSA Administrator David Strickland, the proposal would “[A]llow manufacturers the flexibility to design different sounds for different makes and models while still providing an opportunity for pedestrians, bicyclists and the visually impaired to detect and recognize a vehicle and make a decision about whether it is safe to cross the street.”

Based upon NHTSA estimates, the implementation of Standard 141 would reduce the number of pedestrian and bicyclist injuries by 2,8000 over the life of each model year of hybrid car, truck, vans and low speed vehicle. A 2012 NHTSA report estimates that, in 2010, 4,280 pedestrians were killed and an estimated 70,000 were injured in traffic crashes in the United States. The report approximates that an average of one pedestrian was killed every two hours and injured every eight minutes in traffic crashes.

According to a 2003 report by the Florida Department Of Transportation, Florida’s pedestrian fatality rate consistently exceeds that of the rest of the United States and often ranks highest among the states. The report concludes that the high fatality rate is largely attributable to the fact that Florida’s temperate climate and seasonal variation in length of day, i.e. nights set in earlier in the South, results in increased pedestrians exposure to traffic during more hazardous dark hours.

With the increasing popularity of hybrid and electric vehicles, coupled with the tendency of Florida residents to walk rather than drive during dangerous dark hours, pedestrians and bicyclists are at greater risk than ever for being injured or killed in a traffic accident. If you, your family or friends have been involved an accident in which you sustained injuries, you may need legal representation to protect your right to compensation.

The qualified Miami, Florida personal injury lawyers at Gerson and Schwartz, P.A. have extensive experience representing car accident victims, pedestrians, and bicyclists who have been injured by negligent drivers. If you are a pedestrian or bicyclist that has been injured by an automobile, or know someone that has, contact our Miami,Florida accident attorneys at Gerson and Schwartz, P.A. today.

Last week, the U.S. Consumer Product Safety Commission (“USPSC”), issued an advisory to consumers to check their homes for certain cold weather products which were previously recalled due to safety concerns.

According to the press release, consumers should be looking for four specific products which, although recalled over the summer, likely saw little or no use until the cold weather hit. Those products are ECHO Bear Cat log splitters, Big Lots portable ceramic space heaters, Harbor Breeze bath fans, and Snowpulse Avalanche airbags.

Each of these products suffers from a defect which renders it dangerous for use. For example, according to the press release, the ECHO Bear Cat log splitter suffers from a design flaw where the “end cap of the log splitter's hydraulic cylinder can break away from the body of the log splitter, posing an impact hazard to the user or bystander.” At the time of the original press release in June of 2012, the manufacturer of the log splitter, Crary Industries, had received three reports of the hydraulic cylinder end caps detaching, with one of the instances resulting in an injury from the cylinder striking the user in the head.

Florida law permits individuals who have been injured as a result of a dangerous or defective product to recover damages from the manufacturer, designer, or retailer of the item. A person who has been harmed in such a way would assert what’s known as a product liability against the designer, manufacturer, or retailer, depending on the type of defect that cause the injury.

Three types of defects can result in a product liability claim:

Design Defect. A design defect is caused by a mistake or error in the design of the product. For example, the Big Lots portable ceramic space heaters mentioned above suffer from a design defect which permits them to overheat and melt, posing a fire or electric shock hazard.

Manufacturing Defect. A manufacturing defect is caused by an error in the manufacturing process and may affect only a certain portion of an otherwise normal product. An example of a manufacturing defect would be if a number of the Harbor Breeze bath fans mentioned above were made with blades that were slightly misshapen, causing the fan to rotate improperly and the blades to come off.

Insufficient Warning Defect. A warning defect arises when the manufacturer of a product fails to sufficiently warn consumers regarding the potential hazards associated with the product. For example, it would be a warning defect if the maker of the ECHO Bear Cat log splitter failed to warn users that using it to split logs larger than a certain size could result in the machine experiencing a structural failure.

The Miami, Florida personal attorneys at Gerson and Schwartz, P.A. have extensive experience representing individuals who have been injured by defective products such as automobiles, trucks, tires, medical devices, industrial equipment and cigarettes. If you have been harmed by a defective product, or think you may have a product liability claim contact one of your Miami, Florida personal injury attorneys of Gerson and Schwartz, P.A. today, or visit us online.

Recently CentralNY published a story on a tragic fatal Florida car accident that took the life of a college student. Details on the auto accident remain sparse, as authorities are still investigating to determine exactly what happened. What is known is that a 22-year old was on his way back to Santa Fe College in Gainesville after having spent the holiday season with his family. He was traveling south on Interstate 95 on Sunday when, for reasons that have yet to be determined, his car careened off the road. The vehicle eventually slammed into the concrete base of an overhead sign. The impact was severe, and the student did not survive the collision.

The Miami, Florida Auto accident attorneys at Gerson and Schwartz, PA say it is far too early to make any claims about whether or not there might be civil liability in this case. The road conditions may have been poor, items from another vehicle may have been in the road, his car could have malfunctioned, or any number of other factors may had led to the tragic accident.

Continue reading "Fatal Florida Car Accidents & Wrongful Death Lawsuits" »

Car accidents strike countless times each and every day throughout Florida. There are many different types of accidents, from drivers failing to see a stop sign to drivers talking on a cell phone and drifting into a different lane. In fact, frequently the causes of an accident are myriad, many different factors combine to cause a collision, often with significant property damage and personal injury.

Because of this many community members who are involved in these Florida car accidents have questions about how the law deals with cases where different parties are both partially at fault for the accident. Can you still recover for part of your losses even if you weren’t driving perfectly at the time of the incident?

Continue reading "What If I’m In a Car Accident And We Are Both At Fault?" »

New Personal Injury Protection Laws Now Effective

New motor vehicle accident laws go into effect today, (actually as of 1/1/2013)
along with many other new laws across the nation. Motorists in Florida should now be aware of how the changes will affect them in the event of a car accident. "Personal Injury Protection" is a type of insurance that all motorists in the state of Florida are required to purchase by law. The changes in PIP will now lower the amount of money injury and accident victims can obtain for medical treatment and compensation regardless of the fault paid for by their own insurance company. The laws now create additional obstacles to obtain the full benefits. The laws have been enacted to help combat the questionable medical care, medical bills, fraud, and other forms of what some consider to be questionable treatment such acupuncture. It's not that you can't still get this care, the only difference is in the amount of money your insurance will pay for medical treatment and how much they will have to pay. The new law can be found under , House Bill 119.)

Under the new PIP laws, if an insured does not seek medical treatment within 14 days of the accident, PIP will not pay any medical expenses. This is different from past PIP laws as there was no time limit to seek benefits until now.

Although there is medical literature that states it is not uncommon injuries to manifest after 14 days after an accident, it also not unusual for people who sustain serious bodily injuries in that time frame. But also, when you consider the the difficulty in obtaining an medical appointment some people may be out of luck under the now existing law in the state of Florida.

Drivers, medical providers, chiropractors, and attorneys handling car accident cases should familiarize themselves with the new provisions. The now current law is that unless the medical treatment is for an "Emergency Medical Condition," PIP payments will be limited to $2,500. this differs from the prior $10,0000.00 one could obtain. Also emergency medical care is defined in the new legislation as: (1) Serious jeopardy to patient health; (2) serious impairment to bodily function; (3) serious dysfunction of any bodily organ or part.)

Continue reading "New Florida Motor Vehicle Accident Laws; Changes in Personal Injury Protection Now Effective" »

Motor vehicle accidents can cause serious injuries and sometimes even lead to death. The situation is even more tragic when children are involved. Sadly, car accidents involving children strike time and time again throughout the state.

For example, on Saturday, December 1st a 14 year old girl died in a car crash in Baker County. Two other teenagers were injured. According to the Florida Times-Union, a vehicle overturned as the 17-year old driver attempted to pass another vehicle. The three teens in the car were all ejected with one suffering fatal injuries and the other two transported to a local hospital in critical condition.

This is one of many deadly accidents that occur each year in Florida that involves teenagers. Many safety advocates argue that programs exists that can help raise teen driver awareness and track traffic accidents. For example, Florida Highway Patrol Captain, Keith Gaston uses a program he developed in college to help collect accident information for specific areas in Florida. This “Signal Four Analytics” program can inevitably help police address high volume accident areas in hopes that less people will get hurt on the road.

According to Florida Today, this pilot program is able to compile information regarding traffic accidents that occur within the state including “basic collision facts to more detailed data available to traffic investigators and others.” This information can help law enforcement determine the time and location of accidents to see where and when these accidents frequently occur. Motor vehicle accidents can cause serious injuries and sometimes even lead to death. The situation is even more tragic when children are involved. Sadly, car accidents involving children strike time and time again throughout the state.

For example, on Saturday, December 1st a 14 year old girl died in a car crash in Baker County. Two other teenagers were injured. According to the Florida Times-Union, a vehicle overturned as the 17-year old driver attempted to pass another vehicle. The three teens in the car were all ejected with one suffering fatal injuries and the other two transported to a local hospital in critical condition.

This is one of many deadly accidents that occur each year in Florida that involves teenagers. Many safety advocates argue that programs exists that can help raise teen driver awareness and track traffic accidents. For example, Florida Highway Patrol Captain, Keith Gaston uses a program he developed in college to help collect accident information for specific areas in Florida. This “Signal Four Analytics” program can inevitably help police address high volume accident areas in hopes that less people will get hurt on the road.

Gaston suspects that the December 1st accident occurred at a high frequency time for teenagers, which is after school. Now that they are able to target the time and place, they can focus on enforcing safety measures among young drivers in that area by issuing warnings or when necessary, giving tickets. Gaston admits, however, that the goal of this program is not to give tickets but to decrease the number of accidents overall. Educating drivers and increasing patrol are among the safety measures Gaston intends to put in place.

This program may be an innovative step for law enforcement to use to decrease the number of accidents that occur within our state. In the past paper reports and simple intuition was used to target the areas of frequent car accidents. Hopefully, as other public agencies enter other information into the database, such as insurance details and data about which hospitals victims were sent, the program can be further useful to these agencies. Thus far the state has provided $179,000 to expand this pilot program so that it can be free to all public agencies such as emergency medical providers and traffic engineers. What started as a pilot program is now proving to be a helpful guide to law enforcement.

Continue reading "New Program Seeks to Minimize Florida Car Accidents" »

News is still coming in today about about Sandy Hook shooting massacre. With eerie similarities to the Columbine and shootings at Virgina Tech it is unthinkable how and why heinous crimes at schools are becoming more and more widespread. The latest calculations are that nearly 100 rounds of ammunition were fired and up to 30 children and adults have been killed. Crime Victim Lawyers at Gerson and Schwartz, PA believe that this is should be another wake up call to everyone from Congress to the members of the public.

Though the right to bear arms is a "constitutional" right recurring crimes like these at our most scared institutions require immediate legal reform. " How can someone just go and purchase 100 rounds of ammunition?" What does someone need a high powered machine gun for other than to kill and inflict serious bodily harm?, asked Nicholas Gerson

Though it is still unknown what other security and safety measures were breached, or if there even were any in place at Sandy Hook Elementary victims rights attorney Nicholas Gerson, believes people are still going to argue that this was just another isolated and unforeseeable incident. "We disagree." Reasonable security measures need to be enforced on a national basis- even at elementary schools. Gerson said from his Miami, Florida offices that the attorneys and investigators at his firm were monitoring the situation and have started their own preliminary investigation to determine how this happened, and what could have been to prevent it from happening.

For more than 40 years, attorneys at Gerson and Schwartz, PA have been assisting victims of crime and their families. For more information about national crime victim lawyers at Gerson and Schwartz, PA contact 1-877-475-2905

Most drivers who experience the misfortune of being struck from behind by another vehicle operate on the assumption that the other driver is likely to bear full responsibility for the injuries and damage that result. This assumption has generally been borne out in Florida rear-end collision cases. However, but a Florida Supreme Court ruling issued just last month has increased the possibility that even where a rear driver is overwhelmingly at fault, that driver may not have to compensate the front driver for all accident-related expenses. This development makes it more important than ever for Florida accident victims involved in rear-end collisions to be represented by experienced Miami personal injury attorneyslike the ones at Gerson and Schwartz, PA who know exactly how to analyze the many factors now deemed relevant to establish legal liability in these types of cases.

The Rear Driver Is No Longer Presumed Solely Responsible

Until the Florida Supreme Court’s ruling, last month, the prevailing principle, in rear-end collision cases, was that the rear driver’s conduct would almost always be presumed to be the sole (and most immediate) cause of injuries caused to individuals in the forward vehicle. This presumption could be lifted in only three scenarios: 1) Where the rear driver’s vehicle experienced an unpreventable brake failure, 2) where the forward driver stopped or changed lanes suddenly, and 3) where the forward vehicle was illegally stopped in the path of traffic. In 2010, a Florida appeals court challenged this prevailing analysis, holding that if the forward driver in a rear-end collision case was negligent in any manner, that negligence could be used to reduce the rear driver’s liability for damages. This, said the appeals court, was consistent with Florida’s ‘comparative fault doctrine’ , in which financial responsibility in personal injury cases is generally not assigned on an all-or-nothing basis, and is, instead, distributed among the parties according to the percentage of fault in relation to the extent of fault to which their conduct contributed to accident and resulting injuries.

The case decided by Florida’s Supreme Court, last month, was actually brought by the rear driver in a rear-end collision case, who hoped to benefit from the 2010 appeals ruling that recognized potential liability on the part of forward drivers in such collisions. The forward driver in that case had been using her cell phone while driving downhill at 45 mph, just before she collided with a vehicle and then got struck by the plaintiff from behind. The rear-driving plaintiff initially lost at the trial and appeal levels, but the Supreme Court sided with her in the end, granting her a chance to present her case to a jury. In the process, the Florida Supreme Court essentially confirmed that there is no longer a very firm presumption, in Florida, that the conduct of the rear driver in rear-end collisions is solely responsible for the forward driver’s injuries.

Continue reading "Florida Rear-End Collision Victims Face New Challenge As High Court Complicates Proof of Fault" »

A private charter bus carrying 32 members of an assembly-bound church group inexplicably ended up at Miami International Airport, this past Saturday, where it rammed into an overpass, instantly killing one of its passengers and injuring many others. According to the December 2 Miami Herald, the bus was 11 feet tall, but, as shown in a December 2 Associated Press photo of the accident, the bus crashed only several feet away from two prominent signs that warned all vehicles taller than 8 feet, 6 inches to stop and veer left. An Airport spokesman stated that the bus was traveling at about 20 mph at the time of the accident, and that any bus driver familiar with the Airport would have known that tall vehicles are prohibited in the area.

A tourist who witnessed the incident reported that the damaged bus resembled a peeled-back “can of sardines.” In fact, because the bus’s roof crumbled at its point of impact with the overpass, metal and debris fell on to passengers from above, causing many head and facial injuries. Passengers were also thrown from their seats into the center aisle at the time of impact. Miami resident Serfin Castillo was killed immediately, and a second passenger, Fancisco Urana, also of Miami, died after reaching Jackson Memorial Ryder Trauma Center. Three other passengers were admitted to hospital in critical condition, with another eight hospitalized in stable condition. The bus was owned and operated by Miami Bus Service Corporation, a small company that, according to the Miami Herald, often provides transportation for University of Florida students.

Getting to the Bottom of the Tragedy

Pending investigation, it is too soon to say what factors may have contributed to this tragic collision, but driver error will most assuredly be among the causes explored. Bus drivers may err in many different ways. They may fail to understand posted warning signs, or may disregard these, as a result of fatigue, poor reflexes or cognition, intoxication, or distraction. A bus driver may take passengers into harm’s way by speeding or by failing to exercise proper technique in steering and handling. If a bus company hires a driver likely to be impaired in ways that interfere with proper heeding of warnings, or with proper vehicle handling, then that company will share responsibility for injuries that follow.

Failure of a bus company owner to provide drivers with appropriate drug and alcohol education and testing, or to require necessary driver skills, may contribute significantly to accident risk. In addition, bus company failures to maintain brakes and other systems on vehicle fleets have resulted in liability for the neglectful fleet owners, as have company failures to correct defects in steps and seats that have collapsed on to passengers during unexpected impacts.

Bus Accident Liability
When it comes to shouldering responsibility for injuries to bus passengers, even municipalities and agencies that regulate traffic flow are not excluded. There have been instances in which these entities have been found liable for injuries resulting from defective road design (including design defects that provide too little time for drivers to act on posted warnings), and resulting from inadequate road signage or dangerous road obstructions.

Continue reading "Charter Bus Barrels Into Concrete Overpass at MIA, Killing Two Passengers and Leaving Three in Critical Condition" »

Tragedy struck a Dade County family, when a 13 year old girl was shot in the neck by another student on a school bus last week. According to reports by the Miami Herald and CNN, an unidentified, teenage boy was charged with manslaughter, after allegedly accidentally firing a concealed weapon on a school bus shooting Lourdes Guzman. The young girl was airlifted to Miami Children’s Hospital where she died the same day. (The Miami Herald) Lourdes Guzman was an innocent victim of a violent crime and the possible negligence of a bus company and driver, who took no action to prevent this senseless death. The crime victim’s younger sister, age 7, and seven other children were eye witnesses on this fateful day. The school bus was transporting children to 3 different schools. Guzman attended the Palm Glades Preparatory Academy.

This incident has shaken the community, and has made national news this week. Wrongful death cases should be litigated, and responsible parties should be held accountable. . The bus company owned and operated by Yelimar and Portieles might be to blame for this act, which could be judged as preventable and avoidable. Regulations for school buses should be improved, including video surveillance and possibly metal detectors are on board and other protections. Training school bus drivers how to manage children in a crisis such as this one would be helpful. Teaching school bus drivers how to intervene in potentially life threatening situations could save children’s lives. A child should never be allowed to bring a deadly weapon on board a school bus and action should be taken by the drivers in order to prevent this from ever happening! Hand gun owners and parents should be accountable too. There is no excuse for underage school children to leave home armed with a deadly weapon.

Personal injury attorneys can help victims and their families in seeking damages in a court of law. Settlements for death cases, sometimes can result in millions of dollars paid to a victim’s family. If a bus company is found to be a responsible party and is insured, attorneys for their clients can seek damages, for crimes committed against children being transported in these vehicles. Experienced attorneys at Gerson & Schwartz, PA are highly trained at handling wrongful death cases. Negligent school supervision and careless firearm safety have been the basis for successful recoveries for clients of the firm.

A teenage girl on her way to school, traveling with her sister and other children on a school bus should never have to fear being shot by a fellow student. Other students, who were riding on the bus that day, may have escaped with their lives; but they will forever live in fear that something like this could happen again. The post traumatic stress that the children and the victim’s sister and family will suffer is undeniable, and is also an injury which should not be overlooked.

The grieving family of Lourdes Guzman will never get their daughter back, and will struggle to make sense of this incident forever. Gerson & Schwartz, P.A. , knows how to assist families who are grieving the loss of a loved resulting from the negligent behavior of another. For over 40 years, experienced attorneys like Philip and Nicholas Gerson have assisted crime victims successfully and are available to help you, too. Contact the law firm of Gerson & Schwartz, PA today for a free consultation.

Contact (305)371-6000 or for an appointment today.

Outbreaks of gastrointestinal illness aboard cruise ships are now a fairly common occurrence affecting thousands of passengers every year. However, stricken passengers have generally had a hard time recovering anything more than partial refunds, and/or discounts on future travel, from the operators of disease-carrying ships. Even these token forms of compensation have been difficult to secure unless the outbreak necessitated some cancellation or change in itinerary. Cruise contracts often contain limitations on compensation for illnesses contracted on board, and challenges associated with proving negligence on the part of the cruise operator can also prevent passengers from obtaining meaningful redress for their lost cruise investment and the physical and mental impacts of their illnesses.
Repeat Outbreaks Put Ship Owner on Undeniable Notice

Twenty-five passengers who sailed on five separate cruises aboard Royal Caribbean’s Independence of the Seas are now, however, trying to buck this trend. According to a report in the British news publication Southern Daily Echo, these passengers, all of whom were affected in some way by infectious gastrointestinal illnesses that broke out during cruises that originated in Southampton, England during 2010 and 2011, have filed suit against Miami-based Royal Caribbean International and its sister entity Celebrity Cruises. In so doing, they are hoping to demonstrate that once it became apparent that Independence of the Seas was plagued with pathogens, Royal Caribbean had, but did not meet, an obligation to remedy the situation.

Continue reading "Passengers Sickened On Five Separate Royal Caribbean Cruises Band Together to Seek Redress" »

A Palm Beach Deputy Sheriff severely injured in a fuel fire that broke out at a Marathon, Florida Circle K gas station will now be able to pursue punitive damages against Circle K Stores and the Shell Oil Corporation. Upon careful review of pre-trial evidence gathered by burn victim Richard Ragali’s attorney, a Monroe County Circuit judge has found enough evidence of conscious disregard by the fuel companies for the life and safety of their customers to entitle Ragali to add a claim for punitive damages to the lawsuit he filed.

The October 2, 2012 Sun Sentinel recounted, the 2009 incident that disfigured and disabled Ragali: While motorcycling his way to Key West in the company of other off-duty police officers, Ragali stopped at a Circle K station at 11100 Overseas Highway in order to refuel. As Ragali pulled his motorcycle up to one of the station’s fuel pumps, his bike slid on a standing puddle of gasoline, and within seconds, Ragali’s body was engulfed in flames. Either the bike’s hot exhaust pipe, or fumes coming from the pipe, made contact with the gasoline, and the resulting flash of fire instantly incinerated Ragali’s trunk, buttocks, right arm, and right leg. Six weeks at Miami’s Jackson Memorial Hospital could not restore Ragali to function sufficient to enable him to return to duty, and Ragali currently remains disabled and unemployed.

Continue reading "Gas Station Burn Victim Gets Go-Ahead to Press for Punitive Damages Against Circle K and Shell Oil" »

According to the Miami Herald, a woman lost her life after a man recklessly drove his car into a Miami Gardens bus bench yesterday around 4 pm. 4 other people were seriously injured while waiting for the bus at Northwest 199th Street and Second Avenue. The driver who was speeding lost control of his vehicle and literally plummeted directly into the bus bench without even breaking.

One woman, Delia Tafur, wound up having both of her legs amputated. A second woman Wendy Vaszuez, 44, endured severe trauma to the head. Mary Smith, died at the scene, and two teenagers, ages 16, suffered fractures throughout their entire bodies. The name of this driver is still unknown and an investigation is pending. It will be interesting to find out if this driver was driving under the influence of drugs or alcohol or what is past driving record reveals about him.

Car accident attorneys are hired by victims’ families such as these to represent them in a court of law and to seek damages for their physical and emotional losses. Automobile collisions are one of the most common causes of personal injury and wrongful death in Florida. Car accidents can result in multiple kinds of injuries, leaving individuals disabled for a lifetime. Tragically, a car accident can result in the loss of life of a loved one.

An experienced and qualified Miami personal injury lawyer can assist you in filing a claim for lost wages, lost earning capacity, disability, pain, suffering, and funeral expenses, due to a car accident. You are entitled to financial payment for your medical bills, as well. Motor vehicle collisions are a serious crime if they are the result of negligent driving behaviors. If you or someone you love has been seriously injured or killed in an automobile accident contact the law firm of Gerson & Schwartz, PA for a free consultation, today.

The professional services you need to file your claim are available to you, and personal injury attorneys are prepared to help you get through this difficult time. For a hard working attorney who will be committed to your case call (305)371-6000 or contact info@gslawusa.com to see the firm’s website and to speak to an attorney

Gerson & Schwartz, PA will represent your family in an automobile accident case and wrongful death situation.

On the morning of April 11, seven-year-old Zhanaye Williams and her brother climbed aboard the automatic gate located at the entrance to their Tampa, Florida apartment complex, hoping to pass the time as they awaited their school bus. Suddenly, the gate began to topple, and unable to escape, Zhanaye suffered a crushing and fatal blow to her skull. According to tenants of the complex interviewed for the April 11 edition of the Tampa Bay Times, the enormously heavy gate had been broken for at least four years, and by the time of the fatal accident, it was attached to its frame by only a chain. Earlier this month, attorneys for Zhanaye’s parents filed suit against the apartment complex owner and its management company, seeking damages for Zhanaye’s death, along with damages for infliction of bodily injury and emotional distress on Zhanaye’s brother, who survived the accident and witnessed Zhanaye’s deeply disturbing ordeal.
In this instance, the grossly neglected condition of an automatic gate is the focus of legal action, but property owners have been held accountable for automatic gate-related injuries even in cases in which the care and maintenance of an automated gate have not been challenged. This is because automated entrance gates are potentially very dangerous simply by virtue of their design and function, and as a result, property owners who choose to install them expose anyone entering their property to very well established risks.

Preventable Injuries Continue Despite Safety Standards

The power of automatic gates to cause serious injury and death has been recognized for many years. In March, 2000, the U.S. Consumer Product Safety Commission, in consultation with Underwriters Laboratories, developed specific standards aimed at reducing the risk of entrapment by automatic gates, basing this effort on documentation of approximately 25,000 gate-related injuries (9,000 of these involving children below the age of 15) during the ten-year period just prior to implementation of the new standards. The standards called for installation of both internal sensors, to reverse gate motion if the sensor directly encounters an object, and external sensors (such as electronic eyes), to reverse gate motion upon remote detection of an obstruction. The Commission also urged that gate controls, such as keypads, be positioned sufficiently far from gates so that users would not have to make contact with a gate while operating its controls.
The promulgation of these standards did not, unfortunately, put an end to maimings and deaths by automatic gates, in Florida or elsewhere. In September, 2000, a Miami woman coming to view a Coconut Grove condominium for possible purchase died from asphyxia after she operated the keypad of the automatic gate to the condo building by reaching through the gate’s bars, and got trapped in the moving gate before she had the chance to retract her arm. Zhanaye Williams’s fatal encounter with an inherently dangerous and poorly maintained automatic gate came over 12 years after gate safety standards were tightened; and less than a month after Zhanaye Williams was killed, a 12-year-old died when he got dragged into a vertical-rising, roll-up-style automatic gate at a Brooklyn, New York apartment complex.

Continue reading "Florida Lawsuit Highlights Dangers of Automatic Gates" »

A national study by Yale University doctors, John Leventhal and Julie Gaither of New Haven, Connecticut contradicts the previous reports and findings by Child Protective Services regarding the number of child abuse cases in the US. This new report demonstrates why the previous reports by Child Protective Services were inaccurate and unsubstantiated. This new study documents the number of physical injuries resulting from child abuse which indicates an upward trend in very young victims who have sustained physical injuries by parents or care givers. http://abcnews.go.com/Health/Wellness/child-abuse-injuries-rise/story?id=17364578

Previously, the number of child abuse victims was inaccurately presumed to be declining according to the Child Protective Services study. Actually, this was a misrepresentation based on one single data source that was incomplete. Unfortunately, the devastating truth is that there is actually an increase in child abuse cases documented by hospitals, wherein children under the age of one year old account for the majority of all abuse cases reported.

According to Med Page and ABCNEWS.COM, the current Yale University study indicates that children under the age of 1 make up for 54 percent of cases in the hospitalization data, for child victims of physical abuse. Thus, the number of physical injuries inflicted upon very young children is increasing while those injuries inflicted upon older children are decreasing. The Kids’ Inpatient Database reflects , that assault and battery, of extremely young infants and children are resulting in injuries such as traumatic brain injuries, broken bones, serious burns, abdominal injuries, just to name a few. Alarmingly, the incidence of death in children who were physically abused over a period of 12 years rose from .25 to .36 per 100,000 children. Child victims are innocent victims and, they cannot defend themselves.

Personal injury attorneys, Philip and Nicholas Gerson of Gerson & Schwartz, PA, are located in Miami, Florida, and they advocate for the rights of child abuse victims. It is their belief that greater available resources are needed for those children who are suffering in abusive situations, at the hands of their very own parent s or caregivers. Their abusers are those who take out their anger and frustration, physically causing serious injury and often times, even wrongful death!

Studies need to be comprehensive and multi faceted, and no single study should be considered reliable enough to create the whole picture regarding child abuse. Stricter laws need to be enforced, as far as reporting abuse is concerned. More services are necessary to rehabilitate parents who do not know how to handle the stress of raising children without violence. Enough educational programs must be available to victims. Medical attention is critical for victims, and it is absolutely imperative, that legal assistance be available to children who cannot defend themselves.

The growing number of child abuse cases in this country is alarming, and Gerson & Schwartz,PA has represented countless victims and their families. “Physical abuse of children is a rampant problem in our country, and the methods of reporting it should be varied. No one single data source is reliable in tracking this major problem. Unless, we have a clear picture of the levels and populations of child abuse victims, we cannot adequately serve the needs of those who have been injured.”We have seen an upward trend in the number of abuse cases that have been reported, and there is a greater need for quality medical care and intervention than was previously thought”.

Personal injury attorneys who are familiar with child abuse cases are available to assist families in seeking financial restitution for punitive damages. There is a critical and complex investigative process which professional crime victim and child abuse attorneys are experienced at handling. There is no financial obligation to the client until the case is settled.
The rise of injuries due to child abuse is a frightening reality that attorneys, children, parents, social services, and child abuse advocates face daily. Especially, for children who are not even old enough to walk or talk, personal representatives are necessary in order to defend children against their abusers

At Gerson & Schwartz, PA; attorneys have served the South Florida community for over 42 years. The lawyers there have travelled extensively to conferences around the globe, in order to support the rights of child abuse victims. The entire staff at Gerson & Schwartz offers a level of expertise and professionalism that is unmatched and guaranteed.

If you or someone you know is the victim of child abuse or has been touched in some way by this serious crime, please contact that law offices of Gerson & Schwartz, immediately. All consultations are free and confidential. All fees are on a contingency basis. For a permanent solution to a growing problem, help is only a phone call away. Contact (305)371-6000 or info@gslawusa.com Gerson & Schwartz is available 24 hours a day.

The spotlight was once again on Florida’s nursing homes last month when WFTV 9 exposed the battering of a Southern Oaks Health Care Facility Alzheimer’s patient by one of the St. Cloud facility’s nurses. The nurse was arrested on felony abuse charges when police acted on an eyewitness account of the nurse delivering a belly blow to the helpless female patient. In its investigative reporting, WFTV uncovered a long history of patient-care and safety violations at this facility, some of which had resulted in a fine exceeding $25,000.

A disturbing case of extreme Florida nursing home neglect came to light in December, 2011, when the nursing director and a registered nurse at the Clermont Health & Rehabilitation Center were arrested on charges of failing to follow doctors’ orders for the care of an elderly patient who was recovering from a hip fracture. Regulatory enforcement documents in that case identified failures to treat ulcers over the patient’s limbs and tailbone as factors contributing to the patient’s ultimate death at the Clermont facility.

Last month, long-investigated conditions at the Ocoee Health Care Center finally became the subject of fines and a licensing downgrade after the Florida Agency for Health Care Administration documented that the facility had failed to ensure adequate and appropriate health care, protection, and support services to residents, breaching standards for provision of pain management, infection control, and wound care. Staff at the facility was found, among other infractions, to have disregarded a patient’s report of severe pain from both a fractured femur and pressure ulcers, and to have sloughed and bandaged this same patient’s wounds without maintaining sterile conditions, and without regard for procedure-related pain.

The Many Faces of Long-Term Facility Abuse

There are, very sadly, all too many ways in which a resident of a skilled nursing facility may be neglected or abused. The media-catching cases described here are examples of obvious intentional and negligent misconduct, but there are more subtle ways in which residents may suffer harm. Gradual malnourishment of a patient through failure to provide him or her with needed feeding assistance may not make the news, but it nonetheless constitutes a life-threatening form of nursing home neglect that must be redressed. Similarly, depriving a nursing home resident of devices he or she needs in order to maintain mobility may not produce bodily injuries, but this sort of misconduct constitutes a type of false imprisonment for which a facility must be held accountable.

Continue reading "Abuses at Florida Nursing Homes Continue " »

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 " »

A CSX train derailed yesterday killing two 19 year old women and demolishing several automobiles below the track. According to the National Transportation Safety Board, officials have reported that the derailment took place around midnight in Ellicott City Maryland. The CSX coal train was on route from West Virginia to Baltimore when it derailed, leaving horrifying sounds on and off its tracks. Witnesses claimed that the sound of screeching brakes were frightening and indicative of the disaster to follow. http://www.msnbc.msn.com/id/48745179

Although, the exact cause of this CSX train derailment is yet to be determined, typically train wrecks occur as a result of crew error like miscommunication or improperly maintained tracks. These unfortunate circumstances can lead to a train’s wheels literally jumping off their tracks. According to CSX spokesman, Bob Sullivan, the train which was traveling from Grafton, W. Va. to Baltimore consisted of two locomotives and weighed 9,000 tons. “The first 21 cars of the 80-car train derailed". In this instance, the CSX train was actually transporting 190 pounds of coal which spilled into the Palapsco River. This tragic train wreck resulted, not only in a loss of human lives, but affects the sea life in the river, as well. As a result, economic issues lie ahead, for all those involved. Reports have been made that the acidity in the water could become seriously elevated, threatening the aquatic life in the river. http://www.huffingtonpost.com/2012/05/22/india-train-crash_n_1534939.html

This kind of accident is all too familiar to attorneys like Philip M. Gerson at Gerson & Schwartz, PA. Having had experience dealing with CSX in the past for railroad accident cases, Gerson is aware of the difficulty involved in pursuing cases against railroad companies like CSX Transportation. "We need to understand the facts and deal with the people involved on a personal, human level, he said, from his office in Miami, Florida.

The event data recorder will likely provide investigators with important information about how the train was being operated, prior to this accident. A thorough investigation of all inspection records for this particular line of track are required, in order to determine whether or not the track malfunctioned. There is a high likelihood that the cause of this derailment was due to the way the locomotive was being operated and whether or not the tracks were properly maintained. Other accident causes can be due to the amount of cargo being hauled, the train speed, and operator error.

Coincidentally, Gerson, a board certified personal injury attorney, is currently litigating a pending case against the CSX railroad company. In Gerson's case: on February 8, 2007 there was a massive collision between a train and a car , killing one man and severely injuring several others .Those involved in this CSX catastrophe should hire an experienced personal injury attorney, as soon as possible. A full investigation should begin immediately. The National Transportation Board will also conduct their own investigation , but the results of that investigation will take months to be determined. The families of these two college students deserve fair and just representation for their losses.

Located in Miami, Florida, Gerson & Schwartz, PA have been litigating railroad accident cases and a wide range of accident cases involving personal injury or death for over 40 years.
If you or a loved one has been seriously injured due to the negligence of a 3rd party and seeks compensation and restitution for your pain, suffering, and bodily injuries, contact the law firm of Gerson & Schwartz, PA today. Consultations are always free and a friendly and comforting staff is available to hear your case and help you fight for your rights. Contact (305)371-6000 or info@gslawusa.com today.

Last weekend, 7 people died in two fatal car accidents in the city of Miami, including a 13 year old girl, a 14 year old boy, a 50 year old woman, and a 22 year old man. In one accident, the driver of a minivan lost control of his vehicle while suffering a heart attack at the wheel . His van spun out of control, as a Miami Marlins game was ending, striking down an entire family who was leaving the game and walking back to their home in Little Havana. All individuals involved were pronounced dead on arrival at Jackson Memorial Hospital, with the exception of a 10 year old girl who was in critical condition.

On the same day and nearly at the same time, two victims were killed by a drunk driver after eating at a popular restaurant called Jumbo’s in Liberty City. Wilton Harris, 60, and Al Jo Hamlin, 61, were both church leaders and highly respected individuals in their communities. The senseless of this tragedy has left a community searching for answers about why someone would risk his life and those of others, by getting behind the wheel of a car while intoxicated. A third victim involved in a deadly accident last weekend was a 22 year old unidentified man. He was struck down by a wreck less driver named Kevin Singh. Singh’s car spun out of control, hitting a curb and crashing into a utility pole in Pembroke Gardens. Singh did not suffer any critical injuries, but caused an innocent victim to die due to his gross negligence.

Continue reading "July 4th Weekend Car Crashes Shock the City of Miami: DUI Manslaughter Charges to Follow " »

Last weekend, three family members visiting from Georgia were killed and another was critically injured when the driver of a minivan allegedly lost control and ran them down on a sidewalk in Little Havana. The family was reportedly walking to their vehicle following a baseball game at the new Marlins baseball park when the van suddenly swerved, jumped the curb, drove through metal handrails, and hit them. Following the crash, 53-year-old Esther Terrero de Diaz, 14-year-old Franklin Diaz, and 13-year-old Adriana Diaz were taken to Jackson Memorial Hospital where they were pronounced dead. 10-year-old Magdeline Diaz was also taken to the hospital where she remains in critical condition. A relative of the family killed escaped serious injury, but was later hospitalized after he was reportedly overcome with grief.

Police believe the driver of the minivan, 67-year-old Raul Herberto Ortega, suffered a medical emergency behind the wheel. According to Ortega’s neighbor, the man suffered a fatal heart attack prior to the crash. A passing bicyclist was also allegedly hit by the minivan, but was not seriously injured.

Unfortunately, car accidents are one of the most common causes of personal injury and wrongful death in the State of Florida each year. A car, motorcycle, or truck accident often occurs when you least expect it. When a pedestrian is struck by a motor vehicle, a wide range of complex injuries and lifelong disabilities may result.

Pedestrian accidents like this one are all too common in Florida. Although most pedestrian accidents are caused by a careless, distracted, or intoxicated driver, other causes such as poor weather conditions or a medical emergency are also possible. If you were hurt or lost a close relative in a pedestrian or other accident, you may be eligible to receive damages for your medical expenses, lost wages, lost earning capacity, temporary or permanent disability, suffering, pain, and funeral expenses. Contact a qualified Miami personal injury attorney to help you file your claim.

Continue reading "Four Dead Following Pedestrian Accident Near New Marlins Baseball Park" »

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" »

The Third District Court of Appeal reversed the trial court in Frazier v. Philip Morris USA Inc., and R.J. Reynolds Tobacco Company. The appellate court issued a 25 page opinion reversing and remanding the case for a new trial and stating that the late Phyllis Frazier should have been granted a directed verdict on the question of whether her lawsuit was covered by a four-year statute of limitations from a disbanded smoker class action, the 3rd DCA ruled. Philip M. Gerson and Edward Schwartz, PA with the law of firm of Gerson and Schwartz, PA represented the late Ms. Frazier in a hard fought 6 week trial. The jury deliberated finding that the Plaintiff proved her case on all but one issue.

Continue reading "3rd DCA Reverses Trial Court and Orders New Trial In Tobacco Smokers Claim; Gerson and Schwartz, PA wins appeal for late smoker " »

Why does it keep happening? Bookings have dropped after successive cruise accidents continue to occur. This time, it is Royal Caribbean and its’ Azamara Quest which was carrying 590 passengers and 411 crew members when one of the ship’s engine room’s caught fire.

Despite the fact, that this incident was a lot less harrowing than the other recent maritime accidents, passengers were still frightened to death; and, 5 crew members suffered smoke inhalation injuries, including one which was serious and needed hospital care. The Miami Herald 03/31/12. This is yet another terrifying example of a cruise ship that lost power due to an electrical fire. Of course, it does not compare to the devastation of the Costa Concordia this past January, when that ship hit a reef off the coast of Italy. Actually, the Azamara fire is the third fire on a cruise ship, since November 2010. This time the emergency occurred off the coast of Borneo, during a voyage to Malaysia.

The Royal Caribbean owned ship, the Azamara Quest sustained an electrical fire which was quickly extinguished by crew members. An emergency cancellation for the trip was put into effect, and the ship was forced to end its voyage early in Sandakan, Malaysia. It never made it through Indonesia as scheduled where the trip was supposed to end in Singapore on April 12.

“This Royal Caribbean cruise ship fire reminds us of a previous fire a few weeks ago, on board the Silver Shadow cruise ship", said Attorney Nicholas Gerson of Gerson and Schwartz, PA. Similarly, this electrical fire affected the air conditioning system, on the Azamara Quest. As a result, many of the 11-deck vessel’s entertainment facilities, which include a spa and shopping boutiques which were all shut down. Passengers such as Dorothy Wood of Virginia Beach, Virginia were petrified” (AP).

“And we will never forget the images of the Costa Concordia hitting a reef off the coast of Italy”, added Gerson, an experienced maritime attorney at Gerson & Schwartz, PA, based in Miami , Florida. “The cruise ship industry is not ensuring the safety of its passengers. We will continue to seek restitution for our clients who suffer injuries as a result of their negligence.” So why does this industry continue touting about how safe it is? For instance, training groups such as Resolve Maritime Group, whose owner, Joe Farrell states, that cruise ships are the “safest industry, safest mode of travel there is.” However, the evidence does not support this claim, and experienced maritime attorneys at Gerson & Schwartz, beg to differ.

We are seeing a high rate of incidents on cruise ships lately demonstrating that there is not an acceptable level of risk for travelers . As of Monday, Royal Caribbean stock closed at least one percent lower from the previous close.

Maritime attorneys like Philip and Nicholas Gerson at Gerson & Schwartz, PA, are well aware of the dangers involved on board cruises, and are committed to recovering compensatory and punitive damages for their clients who are survivors or injured parties. “With so many frightening occurrences on cruise ships lately, we believe that the industry should be doing more to protect its passengers. We will continue to serve our clients who become injured on board ships due to lack of standards, care, or accountability. The industry should be doing more to make sure that their ships are safe, especially in light of the all these recent incidents.”

Continue reading "Cruise Ship Accident’s Continue to Emerge: This time Royal Caribbean’s Azamara Quest Catches Fire " »

Last Friday, a Palm Beach County jury convicted 48-year-old John Goodman of motor vehicular homicide and DUI-manslaughter in connection with a February 11, 2010 car accident that killed 23-year-old Scott Wilson. The jury, which consisted of five men and two women, deliberated for approximately five and one-half hours and during that time requested to listen to 911 calls made after the accident. Goodman was immediately taken into custody and transferred to Palm Beach County Jail following the jury’s verdict. He now faces a maximum of 30 years in prison. Goodman is scheduled to be sentenced on April 30th.

The case made headlines across the world after polo magnate Goodman, who is an heir to a $1.4 billion Texas air conditioning fortune, adopted his 42-year-old girlfriend last fall. At trial, Goodman was accused of speeding while intoxicated in his normally chauffeured Bentley, running a stop sign, and crashing into Wilson’s vehicle. He was also accused of leaving the scene of the collision and waiting more than an hour before he notified authorities about the accident. Instead, Goodman purportedly walked away and called his girlfriend. Meanwhile, Wilson drowned in his Hyundai which landed on its roof in a nearby canal.

Goodman’s defense claimed the man sustained a concussion in the accident and did not realize Wilson’s car was upside down in the canal. Goodman testified that although he tried to stop at the stop sign, his Bentley malfunctioned and sped forward out of control. The defense team also provided testimony from an expert who stated the throttle on Goodman’s vehicle was stuck open before the accident. A juror stated after the trial that the expert’s testimony did not appear to be credible.

Following the crash, Goodman’s blood alcohol level was .177, more than double Florida’s legal limit of .08. Goodman testified that he was not driving while drunk. He claimed he drank the alcohol found in his system following the crash at a barn owned by a fellow polo player. Goodman stated he drank the alcohol merely to ease the pain of a broken bone. Prosecutors offered eyewitness evidence Goodman consumed at least four alcoholic drinks prior to the crash. The jury reportedly did not believe Goodman's account of the evening. Goodman is also facing a $100 million wrongful death civil suit filed by Wilson’s parents.

Continue reading "South Florida Polo Magnate Convicted of Vehicular Homicide and DUI-Manslaughter" »

Will it Ever End?? When is it going to stop? Yet another cruise ship crash has occurred over the last 24 hours near Halong Bay, Vietnam. This time it was the, "Silversea Shadow", which collided with a container ship under foggy conditions. What is the reason for these life threatening cruise ship crashes in today’s technologically advanced era? These ships have radar, sonar, and satellite communications. So, is it due to human error, once again? Why can’t the maritime industry prevent these catastrophic occurrences on the water? At Gerson and Schwartz, PA we bring claims against cruise ships for their negligence. Attorney, Nicholas I. Gerson, a maritime injury lawyer with the firm believes “our cruise ship executives need to be held 100% responsible for the hiring of their captains and their crew. More frequent, monitoring of the ship’s technology is imperative. Prevention is the answer“ says Gerson. More regulatations, more saferguards, and better hiring practices are the keys to ensuring the safety of our passengers, crew members, and environment. For more information about Gerson and Schwatz PA, contact 305-371-6000 or visit us online by clicking this link

A Florida East Coast Railway train struck and killed 2 people in entirely different incidents. Jonathan Adario was killed when Florida East Coast Railway Train 210 hit him at a crossing in Fort Lauderdale. It was reported that Adario was laying on the tracks. But, Miami personal injury lawyer Nicholas Gerson who handles train accident cases says these initial reports don't often tell the entire story. We find that the reports are usually self sevring statements from train crew and not always based on idependent witnesses. Oddly enough, the same train just 10 hours later struck another man in St. Augustine and suicide is also being looked into. Where is the suggestion that the train crew or railroad were negligent said Nicholas I. Gerson of Gerson and Schwartz, PA . Gerson says that many times in train accident cases the police reports over look negligent acts of the railroad and their crew. The reports are often written favorably towards the train operators like CSX and Florida East Coast.

Its too early to tell. We will have to wait to see what the black box and other data can be retrieved. Gerson says that in many cases he sees the police reports will often say that a car ran into the path of an oncoming train suggesting the car but not the train was to blame. But is some cases Gerson has handled important facts such as whether the automatic crossing gates were operating are not mentioned anywhere.

Continue reading "Florida East Coast Railway Train 210 Kills 2 In Same Day, Personal Injury Lawyer Says Thorough Investigation Needed " »

The US, European, and UK based Cruise Industry Associations have finally signed a policy stating that muster drills must take place prior to departure. Following the devastating cruise ship accident crash of the Costa Concordia last January, wherein 23 cruise ship passengers were found dead, scores of injuries, and 7 others are still missing concern about how the evacuation process was handled emerged. 6 weeks later, a second disaster occurred on board the Costa Allegra during an engine fire, disabling the ship and leaving its’ passengers stranded in the Indian Ocean. Again, questions arose about why there was such mass chaos on board during these emergencies.

Since, cruise ship laws did not require that passengers be briefed immediately before the ship sets sail, many on board the Concordia and Allegra cruises were never informed about how to proceed when a true emergency occurred. The main reason why in the case of the Concordia, was because almost 700 new passengers boarded the ship after it had been sailing for 3.5 hours. However, the next briefing was not scheduled to take place until the next day.

Miami Martime and personal injury lawyer Philip m. Gerson of Gerson and Schwartz, PA says "its about time the cruise lines start taking a more proactive approach towards passenger safety." In fact, the U.S Cruise Lines International Association, Passenger Shipping Association, and the European Cruise Council have all agreed to a new policy which requires every cruise ship in the world to conduct safety drills within 24 hours of embarkation. Stricter policies, are currently in place, and were implemented by the International Maritime Organization. Consequently, if a passenger is unwilling to participate in these safety drills or briefing he or she will be asked to leave the ship immediately. Passengers are told all of this during the pre- drill announcements.

Continue reading "At Last, Cruise Ship Drills Will Take Place Prior to Departures" »

An Indian Rocks Beach man was killed this weekend following a nighttime personal watercraft crash. 40-year-old Victor Vazquez was thrown into the Intracoastal Waterway near the Belleair Causeway after the boat he was riding in hit an unidentified object in the water Saturday night. The damaged boat was piloted by 34-year-old Robert W. Turnbull of Seminole who was also thrown into the water approximately one mile from shore.

Although both men were apparently wearing life vests, Vazquez was found unconscious in the water immediately following the crash. Turnbull reportedly made unsuccessful attempts to resuscitate Vazquez on the way back to shore and again once they reached land. Emergency crews called to the scene performed CPR, but also failed to revive Vazquez. Turnbull received only minor injuries in the accident. Authorities took blood samples to determine whether he was under the influence of alcohol or drugs at the time of the accident.

Despite that a full moon lighted the Intracoastal Waterway over the weekend, it is unlawful to pilot a personal watercraft in Florida at night. Vazquez’s death is at least the second nighttime personal watercraft fatality in the area this year. In January, a man was killed and a woman injured when their personal watercrafts collided in the dark around 3 am near Hillsborough County. In that accident, neither party was wearing a life vest.

Florida has more registered boats and more boating related accidents than any other state. Boating accidents of any kind have the potential to result in serious injury and even wrongful death. The most common cause of death related to a boat accident is drowning. Boat accidents are often the result of negligence, impairment, operator error, speeding, inattentiveness, and operating during inclement weather. Fortunately, most recreational boating accidents are completely preventable.

There are two types of damages available to an individual who was injured in a boating accident due to someone else’s negligence in Florida. Economic damages include medical expenses and loss of income and earning capacity. Non-economic damages consist of compensation for suffering, pain, psychological trauma, disfigurement, and loss of enjoyment of life. Sometimes, punitive damages may be awarded where evidence of gross negligence or disregard for the life and safety of another person exists. A qualified Florida personal injury attorney can help you assess your claim.

Continue reading "Indian Rocks Beach Man Killed Following Nighttime Personal Watercraft Accident" »

MIAMI, FL—A violent airboat crash on the St. John’s River in Melbourne, Fla. left four accident victims with various injuries. According to information provided by the Brevard Times, the boating accident appeared to have occurred in close proximity to the Sweetwater Boat Ramp on the evening of Feb. 7.

A boater called 911 after the airboat he/she was on struck a tree on the St. John’s River at approximately 7:12 p.m. Reports indicated one of the four boaters involved in the watercraft accident—a man in his 50s—was ultimately ejected from the airboat, which flipped over on impact of the tree. That man was said to be the most seriously injured victim.

Officials and personnel from the Florida Fish & Wildlife Conservation Commission (FWC), Brevard County Sheriff’s Office, and Camp Holley Fish Camp made use of airboats to respond to the scene of the boating accident. Four airboat crash victims were transported to Melbourne-based Holmes Regional Medical Center to be treated for their injuries.

Statistical data provided by the U.S. Coast Guard (USCG) and Florida Fish and Wildlife Conservation Commission (FWC) indicated 668 boat accidents occurred during the year 2010. Those boat crashes and accidents resulted in 79 boating deaths and 389 injuries. Statistics suggest Florida has more boating accidents than any other state in the nation.

Continue reading "FWC Expected to Investigate Melbourne Airboat Crash That Injured 4 People" »

The cruise ship accident this past weekend aboard the Costa Concordia is inexcusable. With modern technology including sonar and GPS which average people have in their cell phones and recreational boaters almost universally use it is extraordinary and gross negligence for a professional sea captain, with thousands of lives in his hands to make errors which would cause a cruise ship with state of the art navigational tools, run aground. What is even more remarkable about this cruise ship accident is that this could happen in familiar waters just hours from one of the major cruise ports in the world. It is criminal that a captain would leave defenseless passengers and crew behind to avoid injury to himself.

Continue reading "Costa Concordia Accident is Inexcusable " »

MIAMI, FL—A 10-year Broward County Sheriff's deputy lost his life in an off-duty motorcycle accident in Oakland Park on New Years Day, according to information provided by WSVN. Reports appeared to suggest the off-duty BSO deputy suffered fatal injuries upon colliding with a vehicle at the intersection of Commercial Boulevard and Northeast 3rd Street.

John Blackwelder, a 45-year-old father of two and 10-year veteran of the BSO, was riding his motorcycle along westbound Commercial Blvd. when Stanjka Vangov—the driver of an unspecified vehicle—attempted to make a last-minute turn onto NE 3rd St in Oakland Park.

According to Sheriff Al Lamberti of the Broward Sheriff’s Office, “He attempted to avoid vehicle, but unfortunately he couldn't… But again, a very, very tragic day for us at the Broward Sheriff's Office."

While Vangov seemed to have escaped injury in the Oakland Park traffic crash, the off-duty BSO officer was not so fortunate. Blackwelder succumbed to his traumatic injuries at the scene of the deadly motorcycle wreck.

Vangov told reporters, “I said, 'My God, I think I could make it, to cross, and I don't make it… He hit my right back door. 'Boom!' Like explosion… Of course I wish, I wish I never get out of house today. I wish I never get out of house. That's how I feel.”

“I'm really sorry what's happened- person lose life. I'm really sorry,” the driver added.

Jeffrey Sheets evidently spoke to WSVN reporters at the scene of the fatal motorcycle accident and was quoted saying, “They don't look out for us guys on motorcycles. All it takes is a just a second to look to see us… People just absolutely pull right out in front of us…. We sat and we prayed for him, because it was the best we could do.”

According to statistics provided via the Fatality Analysis Reporting System (FARS), which was created by the National Highway Traffic Safety Administration (NHTSA), a total of 4,595 motorcycles were involved in fatal traffic accidents throughout the nation during the year 2009. Of those motorcycles, 431 were involved in fatal Florida crashes.

BSO detectives are expected to conduct a full investigation into the fatal traffic accident. No charges have been filed as of yet.

About the Florida motorcycle accident lawyers at the Miami injury law firm of Gerson & Schwartz, P.A.

Every personal injury law firm has experience handling car accident and motor vehicle collisions. We do too. Our experience spans 37 years with significant results at both the trial and appellate levels. We have successfully represented injured drivers and passengers in virtually every imaginable car or auto accident scenario. From head on collisions, rear end collisions, drunk driving cases, motorcycle crash cases. Our firm also has extensive experience handling more complicated automobile and car accident cases, which may include product liability claims like defective design and other auto manufacturing defects.

The Miami injury law firm of Gerson and Schwartz, P.A. is at the forefront in its creative use of video, animated accident reconstruction and computer graphics. The firm’s use of advanced technology is just one of methods it uses to bring about just and successful outcomes for car, auto, and other motor vehicle accidents claims.

If you or a loved one has been injured in a car, auto, or motorcycle accident contact a Miami car accident lawyer for a free consultation. Call us at 305-371-6000 or email us at info@gslawusa.com

Continue reading "Oakland Park Motorcycle Crash Results in New Years Death of Veteran BSO Deputy" »

MIAMI, FL—Two of three motorists involved in the horrific Dec. 26 northwest Miami-Dade crash that claimed the life of a pedestrian subsequently fled the scene, CBS Miami reported. The hit-and-run victim, whom is both a father and a grandfather, was pronounced dead at the scene of the violent traffic accident.

According to Javier Baez of the Miami-Dade Police Dept., a 2008 Nissan Altima struck 48-year-old Ismael Cruz-Pratts as he was crossing N.W. 17th Avenue at the intersection of 114th Street in northwest Miami-Dade County.

Although that driver stopped at the scene and attempted to get out of his/her vehicle to help the injured pedestrian, two oncoming vehicles—described by witnesses as a red Honda and a dark-colored Cadillac— also went on to hit him. Those drivers, however, failed to remain at the scene of the injury accident, as required by Florida law..

• Under section 316.027 of the Florida Statutes, “The driver of any vehicle involved in an accident resulting in injury of any person must immediately stop the vehicle at the scene of the accident, or as close thereto as possible, and must remain at the scene of the accident until he has fulfilled the requirements of s. 316.062 [see below]. Any person who willfully violates this paragraph is guilty of a felony of the third degree.”

Florida Statute 316.062— Duty to give information and render aid.

Requires the following:

1. Name of driver.
2. Address of driver.
3. And the registration number of the vehicle he is driving.
4. And shall upon request and if available exhibit his license or permit to drive, to any person injured in such accident or to the driver of occupant of or person attending any vehicle or other property damaged in the accident.
5. All of the above information is required to be given to any police officer investigating the accident.
6. Driver shall render to any person injured in the accident reasonable assistance, including the carrying, or making arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

[SOURCE: Florida Department of Highway Safety and Motor Vehicles]

Cruz-Pratts ultimately succumbed to his injuries at the scene of the Miami crash. “He’s the father of three girls, he’s got various grandkids… It’s a shame that somebody is going to hit and leave him there and he’s dead,” Cruz-Pratts’ friend Lilly Franqui told reporters. ”Please turn yourself in… Or if you have any information please contact the police department. I’m pretty sure those little girls and those grandkids would appreciate it,” she added.

Nearby residents also told reporters that the street where the fatal pedestrian accident occurred lacks adequate lighting. “It’s been three weeks, people been reporting the lights, the lights, the lights… It took death to, maybe tonight, we’ll have some lights,” resident George Natar told CBS Miami reporters. 

Investigations into the pedestrian death are underway as Miami-Dade Police continue their search for the two negligent drivers who sped away from the scene of the unfortunate South Florida collision.

Continue reading "Two Hit-and-Run Drivers Remain At Large Following Deadly NW Miami-Dade Pedestrian Crash" »

MIAMI, FL—An officer with the Miami-Dade Police Department suffered unspecified injuries when his cruiser rear-ended a big rig along the southbound Florida Turnpike early Thursday, the Florida Highway Patrol reported. According to information provided by the Miami Herald, the police-involved 18-wheeler accident occurred in close proximity to Kendall Drive in Miami-Dade County around 2:30 a.m.

Reports indicated a Miami-Dade police officer was traveling south on the Florida Turnpike when his patrol car slammed into the back of an 18-wheeler. Responding Miami-Dade Fire Rescue personnel were forced to extricate the injured police officer, whom authorities have yet to identify, from his wrecked cruiser before they could transport him to Kendall Regional Medical Center for treatment.

While FHP troopers told reporters the Miami-Dade officer was hospitalized in stable condition, the extent of his injuries remained undisclosed. Willis Butler, who was driving the 18-wheeler at the time of the Florida Turnpike crash, managed to escape injury in the South Florida collision.

MDPD spokesman Javier Baez told reporters, “All we know is that he was going Southbound on the Turnpike when the vehicles collided… The other driver is fine, the rest is under investigation.”

In Jan. 2011, the National Highway Traffic Safety Administration released findings from a study concerning crash-related law enforcement fatalities. According to that study, Florida ranked sixth in the nation for crash-related law enforcement deaths.

About the Miami Injury Lawyers and Accident Attorneys at Gerson & Schwartz, P.A.
Every personal injury law firm has experience handling car accident and motor vehicle collisions. We do too. Our experience spans 37 years with significant results at both the trial and appellate levels. We have successfully represented injured drivers and passengers in virtually every imaginable car or auto accident scenario. From head on collisions, rear end collisions, drunk driving cases, motorcycle crash cases. Our firm also has extensive experience handling more complicated automobile and car accident cases, which may include product liability claims like defective design and other auto manufacturing defects.

The Miami accident attorneys of Gerson and Schwartz, P.A. is at the forefront in its creative use of video, animated accident reconstruction and computer graphics. The firm’s use of advanced technology is just one of methods it uses to bring about just and successful outcomes for car, auto, and other motor vehicle accidents claims.

If you or a loved one has been injured in a car, auto, or motorcycle accident contact a Miami car accident lawyer for a free consultation. Call us at 305-371-6000 or email us at info@gslawusa.com

Continue reading "Miami-Dade Police Officer Hospitalized Following Florida Turnpike Crash With 18-Wheeler" »

MIAMI, FL— November 22, 2011 - A construction employee was pronounced dead after he reportedly sustaining a gunshot wound at a Miami work site on the morning of Nov. 21, according to information provided by NBC Miami and WSVN. While the fatal shooting appeared to be accidental in nature, officials from the Miami Police Department have since taken the construction worker who was holding the gun at the time into custody.

Police reports seemed to suggest a group of unidentified construction employees were looking at and passing around a firearm when it discharged a bullet, consequently striking one of them. Although paramedics rushed the injured worker to Miami’s Jackson Memorial Hospital following the construction site shooting, his injuries ultimately proved fatal at the medical center. Officials have yet to release the shooting victim’s identity.

After speaking with the employees who were present at the time of the Miami shooting, detectives took into custody the worker who somehow “accidentally” pulled the trigger. That man, who remains unidentified, appears to be facing charges in connection with the deadly incident. The construction site where the fatality occurred is apparently situated in the 700 block of Northeast 85th Street.

According to Detective Willie Moreno of the Miami Police Department, “This individual produced a firearm in a playful manner, according to what we have up to now, and this firearm did discharge… Now, he struck another co-worker who is the one that has been pronounced dead." Investigations into the fatal Miami shooting are underway.

Continue reading "Construction Worker in Custody Following “Accidental” Shooting That Killed Fellow Employee at Work Site" »

MIAMI— November 1, 2011 - Both local and federal authorities are investigating an unfortunate plane crash that occurred in southwest Miami-Dade County and resulted in two fatalities on Oct. 29, according to information provided by WSVN and the Miami Herald. Two Miami residents, a male pilot and his female passenger, were killed when the single-engine plane they were riding in crashed in Homestead for unknown reasons.

Reports indicate pilot Rick Blanco and passenger Andra Bronnenberg were the sole occupants aboard an InterPlane Skyboy ultralight aircraft that was flying above a private airstrip in Homestead when something went horribly wrong. According to National Transportation Safety Board spokesman Jose Obrejon, “Someone actually saw the airplane fly and then go into a spin” before smashing into the private airfield.

Blanco, whom was said to have been an experienced pilot, and Bronnenberg were pronounced dead at the scene of the violent South Florida aviation accident, which occurred in close proximity to Southwest 221st Avenue and 202nd Street in Miami-Dade. Reports noted that the pilot was a member of an unspecified flying club and was attending the club’s annual celebration when the fatal Miami accident occurred.

Officials from the Miami-Dade Police Department, National Transportation Safety Board and Federal Aviation Administration (FAA) are investigating the deadly plane crash.

Continue reading "Two Miami Residents Killed in Homestead Plane Crash; Miami-Dade Police, NTSB, FAA to Investigate" »

MIAMI, FL— September 8, 2011 - One traffic fatality was reported following a horrific South Florida collision that occurred in close proximity to the Miami International Mall in Doral on the night of Sept. 6. Although the cause of the fatal car accident remained unclear, NBC Miami reports indicated a 67-year-old male pedestrian was sitting on a bus stop bench with his wife when a vehicle careened off the roadway and struck him.

Reports stated Michelle Soto, 42, was driving her Ford Mustang along Northwest 107 Avenue when it went out of control in the 1400 block for unknown reasons. It was approximately 9:45 p.m. when the vehicle swerved off the road and crashed into Giraldo Lopez, 67, as he sat on a bus stop bench with his wife, whose name was not released.

While Mrs. Lopez was able to avoid being struck by the out-of-control car, her husband succumbed to his severe injuries at the scene of the bus stop crash.

According to Roy Rutland, of the Miami-Dade Police Department (MDPD), “It's an absolute tragedy, we have a wife that actually witnessed her husband get struck and killed while she was seated directly next to him… It's a really sad case.” It was not clear if Soto sustained any wounds in the car crash.

Toxicology results are pending as a full investigation into the deadly Miami-area pedestrian accident appears to be underway.

Continue reading "Miami Accident Attorney News: Wife Witnesses Out-of-Control Car Hit, Kill Husband at Doral Bus Stop" »

MIAMI, FL— September 05, 2011 - A driver and two pedestrians were killed in a violent South Florida collision that occurred along U.S. Route 1 in the Florida Keys. According to the Sun Sentinel, the triple-fatality pedestrian accident occurred in close proximity to Key West in Monroe County, Fla. during the early hours of Sept. 5.

Reports indicated an unidentified driver from Key West was behind the wheel of his/her vehicle when it careened off of U.S. 1 at Mile Marker 5 and slammed into two unidentified pedestrians. The deadly Florida pedestrian accident occurred at approximately 3:30 a.m.

Both the driver and the two male pedestrians, whom Florida Highway Patrol (FHP) Trooper Nelvys Hernandez said appeared to be homeless, were killed in the Keys accident. There did not appear to be any additional accident victims involved in the U.S. 1 crash, which likely remains under investigation.

According to statistical data included in Transportation for America’s 2011 Dangerous by Design study, Florida accidents claimed the lives of 5,163 pedestrians between the years 2000 and 2009. Crashes and accidents in the South Florida metropolitan area (Miami–Fort Lauderdale–Pompano Beach, FL metro area) resulted in 1,555 of those pedestrian deaths. Based on traffic statistics, Florida is the most hazardous state for both walkers and cyclists.

Continue reading "Miami Car Crash Lawyer News: Keys Accident Results in Driver Death, 2 Pedestrian Fatalities" »

MIAMI, FL—July 13, 2011 - While authorities from the Pasco County Sheriff's Office deemed a toddler’s recent drowning to be accidental, the fatal swimming pool accident yet again sheds light on the dangers many children, and even inexperienced swimmers, face. According to information provided by the Tampa Tribune, a 19-month-old New Port Richie boy allegedly slipped past his sleeping mother before falling into the pool and drowning in his family’s pool on July 11, 2011.

Reports indicated Juan Bermudez’s mother was asleep when the 19-month-old managed to get to the pool area of his family’s home. Given that the pool did not have a child proof fence around it, the tot fell in and was found unconscious.

Though paramedics responded to the young drowning victim’s home, which is located at 3606 Heron Island Drive, and rushed him to Community Hospital just before 7 p.m., his condition ultimately proved fatal.

The toddler’s drowning death came only hours after a New Port Richie teen nearly drowned. Emergency medical services (EMS) personnel were contacted before 4 p.m., after a 14-year-old boy was discovered at the bottom of a residential swimming pool at  7007 Stone Road. Although the teen was apparently breathing upon being airlifted to an area hospital, his condition was not clear.

Department of Health (DOH) statistics suggested that among children between the ages of 1 and 4, drowning is the leading cause of death. Florida has the highest drowning death rate in the nation. In 2009, 48 Florida children in that age group drowned in swimming pools, specifically.

To help prevent potential drowning injuries and deaths in the future, the <Miami injury law firm of Gerson & Schwartz, P.A. provided the following tips:

·  Teach kids to swim at an early age

·  Make sure children understand basic pool safety rules before they step foot in any body of water

·  Never leave a child unattended

·  If a child does indeed wander away, check the pool area first

·  Set up child proof pool fences around residential swimming pools

·  Keep a phone nearby so authorities can be contacted in the event of an emergency
·  Cover and lock saunas when they are not in use

Continue reading "Miami Injury News: Pasco County Toddler’s Drowning Death Deemed Accidental" »

MIAMI, FL—Boynton Beach Police officials are investigating the near drowning of a 1 ½-year-old boy, which occurred in a residential swimming pool on the morning of June 21, 2011. According to information provided by the Palm Beach Post, police told reporters that the toddler was transferred from Bethesda Memorial Hospital to St. Mary’s Hospital in West Palm Beach to receive additional medical attention following the swimming pool accident.

This particular accident marked the second time in less than a week that the near drowning of a child was reported to Boynton Beach officials. On June 16, a 3-year-old boy fell into a pool and was knocked unconscious. Luckily, that near drowning victim was accompanied by his older sisters at the time and was able to get immediate help. That child was ultimately taken to the hospital, where medical personnel listed him in stable condition.

In the most recent swimming pool accident, the unidentified victim’s mother told reporters she was watching television with the 1 ½-year-old, as well as her 3-year-old child, when the toddler somehow snuck away. The toddler then made it beyond the confines of a baby gate that was installed in the kitchen before exiting the Boynton Beach home, which was situated along Fosters Mill Drive, through a sliding glass door that was open at the time. The toddler subsequently fell into the swimming pool, which did not have a childproof fence set up around it.

According to Stephanie Slater of the Boynton Beach Police Department (BBPD), a neighbor who called 911 upon hearing the child’s mother screaming was instructed to perform CPR pending the arrival of emergency medical services (EMS) crews. WPTV news reports stated that the child was listed in critical but stable condition following the near drowning incident.

State Department of Health (DOH) statistics suggest that drowning is the main cause of death among children between the ages of 1 and 4. Furthermore, Florida has the highest drowning death rate in the nation for kids in that age group, who accounted for 13 percent of the number of statewide drowning deaths—485—as well as 43 percent of the hospitalizations related to near drowning incidents—388—during the year 2009.

The Miami injury law firm of Gerson & Schwartz, P.A. provided the following tips to help Florida residents prevent potential drowning injuries and deaths in the coming summer months:

• Teach children to swim
• Share important pool safety guidelines before kids get in the water
• Never leave a child unattended. If a kid does wander off at some point, make sure to check the pool area before anywhere else
• Invest in childproof pool fences. The added barrier between swimming pools and young children can be lifesaving.
• Make sure to have an emergency phone in the immediate area
• Cover and lock hot tubs when they are not in use

Continue reading "Boynton Beach Toddler Hospitalized After Near Drowning Incident" »

Miami, FL – June 21, 2011 - As revealed by a groundbreaking investigative report published by The Miami Herald in May, Florida’s assisted living facilities (ALFs) have seen scores -- and perhaps hundreds -- of deaths under questionable circumstances. The newspaper obtained the confidential records of 70 people who died in the past eight years due to the actions of their caregivers -- and provided horrific details for some of these cases. But while uncovering egregious negligence within the Florida ALF community is to be commended, much more needs to be done, says Miami injury lawyer and victims rights advocate Philip M. Gerson. The lightly regulated industry, he warns, has become a recipe for disaster -- and needless death.

“What the Herald article showed is something that injury lawyers and advocates for crime victims have known for a long time, that the ALF system is broken and dangerous in Florida,” says Gerson, who was interviewed by the Herald’s Michael Sallah as the story took form. “There is minimal regulation of ALFs and the state lacks the resources to enforce what rules do exist. That’s a deadly combination, as horror after horror exposed by the Herald -- incapacitated patients not given necessary medicine, elderly residents not provided medical care after falls, mysteriously bruised and battered victims -- made all too clear. Most of these cases were never prosecuted because Florida just doesn’t have the resources to police what is clearly an area that urgently needs to be policed.”

While tougher rules, stricter enforcement, and more investigators would be welcome, says Gerson, budget pressures and an administration that favors less regulation, not more, make those solutions difficult. “The politics of Florida see the state taking the ‘deregulate everything’ approach,” says Gerson, who has represented injury victims for more than 40 years, and is a board member of the National Center for Victims of Crime.

Indeed, given how he sees the current political climate in Florida, Gerson believes the best hope for exposing egregious ALF negligence -- and helping to prevent future instances of it -- lay in civil lawsuits, where victims of ALF abuse, or their families, take the facilities to court to account for their actions. “The reality is that state agencies and the criminal justice system lack the resources to investigate and prosecute the people causing the harm,” says Gerson. “So private rights of enforcement -- filing a civil lawsuit and taking an ALF to court -- is the only way to let the industry know that they can’t neglect the people entrusted to their care, and that they’re going to pay a price if they do.”

Gerson says simple regulatory steps could make a big difference, too, such as requiring ALFs to carry liability insurance. “It would add to the cost of running an ALF,” he notes, “but it would also mean insurance companies would be vetting these facilities and overseeing what they are doing, as they don’t want to be on the hook for needless injuries and death. If an ALF is not qualified, it wouldn’t be able to get insurance -- and then it wouldn’t be in business.”

But with even simple regulatory enhancements uncertain in Florida today, Gerson isn’t holding out much hope for them. “In the end,” says the Miami injury lawyer, “it is going to come down to civil lawsuits and the crime victims themselves to show that we’ve seen enough negligence and harm in Florida ALFs -- and we’re not going to see anymore.”

Continue reading "As Abuses in Assisted Living Facilities Come to Light, Reforms -- And Civil Lawsuits --Needed to Prevent Deadly Negligence, Says Miami Injury Lawyer Philip M. Gerson" »

MIAMI, FL— June 17 2011 - As temperatures continue to rise here in South Florida, adults and children alike will be making their way to swimming pools and beaches as a means of escaping the looming summer heat. While the simple acts of jumping into the ocean or a swimming in a pool have long been a considered some of Florida’s most enjoyable pastimes, the Miami injury attorneys of Gerson and Schwartz urge residents to take extra safety precautions to ensure safe swimming, especially when young children are involved.

According to data provided by the state Department of Health (DOH), during the year 2009, 69 percent of drowning deaths and non-fatal drowning hospitalizations occurred between the months of April and September (spring through summer).

DOH statistics also indicated children between the ages of 1 and 4 are more likely to die as a result of drowning than any other cause of death. For children in that age group, Florida has the highest drowning death rate in the country. Those kids made up 13 percent of the total number of drowning deaths—485—as well as 43 percent of the non-fatal drowning hospitalizations—388— in the state during the year 2009.

By combining all drowning fatalities and non-fatal drowning hospitalizations recorded that year, the Department of Health found that 67 percent of the victims were males.

Furthermore, statistical data suggested that while Florida children under the age of 10 have a higher risk of drowning in a swimming pool, residents above the age of 10 were more prone to drown in a natural, open body of water such as the ocean or a lake.

During the year 2009, 48 Florida residents under the age of 5 (68 percent of drowning victims in that age group) drowned in swimming pools. Six kids (8 percent of the total) drowned in bathtubs, and nine (13 percent) drowned natural bodies of water.

Seven kids between the ages of five and nine (58 percent of the victims within that age group) reportedly drowned in open water, while five others (42 percent) drowned in swimming pools.

A total of 210 Florida drowning victims who were at least 10 years of age (52 percent of the total tally of victims within that particular age group) drowned in open water. Ninety-two others (23 percent of the total) drowned in swimming pools.

The Miami injury law firm of Gerson & Schwartz, P.A. provided the following tips to help Floridians prevent drowning injuries and deaths in the impending summer months:

• Take the initiative to teach children to swim
• Make sure kids understand basic pool safety guidelines before they enter the water
• Never leave a child unattendedIf a child does wander off, make sure to check the pool area first
• Install child proof pool fences around home swimming pools
• Make sure to have a phone nearby, in case of emergency
• Cover and lock hot tubs when they are not being used

Continue reading "Pool Safety Advocates Stress Drowning Risks in Light of Rising Florida Temperatures" »

Skill and experience mark a good law firm. But the best firms – the ones that take, and win, the cases that seem impossible – have something else, too: creativity and determination. With the insurance industry eliminating coverage for assault-and-battery incidents at commercial establishments, too many crime victims are finding that lawyers won’t take their case. It’s easy to understand why: Without insurance coverage, recovery may be non-existent. And for crime victims, this seems to further the injustice.

It’s a trend we don’t like – and we’re fighting back. We’re doing so by taking these cases. And through creativity and determination, we’re winning them. In numerous uninsured cases, we’ve recovered substantial damages from business and property owners – vindicating the rights of our clients and helping them obtain the recovery, and accountability, they deserve.

We’ve been successful because we’ve changed the game. By looking to the owner of the property – rather than the lessee or operator of the business on the premises – we’ve been able to establish their duty to our clients, and their failure to meet it. In some cases, we’ve shown that the owner knew, or should have known, that violence that began inside an establishment – such as a bar fight – would spill out into common areas, like a parking lot, and reasonable measures, including adequate security, should have been taken.

Continue reading "Using Creative Approaches, ‘Impossible’ Cases Become Possible – and Justice Prevails" »

Two people were injured on early Sunday morning in a shooting outside the Chances Night Club in Lake Worth, Florida. The victims were identified by authorities as in their early 20's but further details about the case such as motive or if a claim for negligent security could be made against the night club remain unknown. Gerson and Schwartz, P.A. has over 40 years of experience representing crime victims and other accident victims in the State of Florida. For more information about our firm contact Gerson and Schwartz, P.A. We offer a free initial consultation. Call 305-371-6000, or email us at info@gslawusa.com

The Third District Court of Appeal upheld a 24.8 million dollar tobacco verdict against cigarette manufacturers. This comes nearly 8 years after the trial court found in 2002 that Defendants Philip Morris, Liggett Group, and Brown & Williamson were legally responsible for misrepresentation, fraud, civil conspiracy, and for knowingly manufacturing a dangerous and defective product.

Continue reading "Third Disctrict Court of Appeal Affirms 24.8 Million Dollar Verdict " »