January 16, 2012

Costa Concordia Accident is Inexcusable

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.

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June 23, 2011

Boynton Beach Toddler Hospitalized After Near Drowning Incident

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

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May 24, 2011

Using Creative Approaches, ‘Impossible’ Cases Become Possible – and Justice Prevails

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.

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March 21, 2010

Palm Beach Night Club Shooting Leaves 2 Wounded

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

March 19, 2010

Third Disctrict Court of Appeal Affirms 24.8 Million Dollar Verdict

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.

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