Articles Posted in Negligence

lionello-delpiccolo-Dv65oNf9UI4-unsplash-copy-300x200You may not be surprised to learn that accidents are the top reason that people in Miami and throughout the US visit the emergency rooms. The US Centers for Disease Control and Prevention reports that unintentional falls accounted for almost 8.6 million nonfatal injuries and motor vehicle crashes caused harm to more than 2.5 million people in 2017.

What may come as a surprise is that, though many of these victims had rights under Florida personal injury laws, there are laws that may place limitations on recovering compensation. This is due to state law regarding comparative fault, which may apply in your case if you are injured in an accident. You should discuss your circumstances with a Miami personal injury attorney, but read on for some important information.

Legal Basis for Personal Injury Claims 

Around 9:30 a.m. on Wednesday, June 5, Miami-Dade Fire Rescue responded to a collision between a Virgin Trains USA train and a silver SUV near Biscayne Boulevard and 141st Street. The SUV sustained significant damage, and the airbags were deployed. The back end of the SUV was crushed, the windows shattered, and the front bumper was detached and on the ground. One report stated the train was heading south when it struck the SUV on the driver’s side of the vehicle and pushed it 180 degrees. One victim was transported to Aventura Hospital and Medical Center, and their condition was unknown. A report stated witnesses saw the driver get out of the SUV and looked visibly OK. After the collision, the train stopped nearby. Virgin Train USA representatives came to the scene to assess damage to the train. There was visible damage to the train’s front car. There are no reports of any harm to train employees or passengers Commuter trains like Virgin Trains USA  are growing in popularity in Florida and around the US. However, they pose a significant risk at intersections where railroad tracks public cross streets. If you or a loved one were a victim of a train-vehicle crash in Florida, do not hesitate to contact a Miami car accident lawyer at Gerson & Schwartz P.A. You can reach out to schedule a free consultation by calling (877) 475-2905 or using our online form.

Virgin Trains USA Used to be Bright line

In March 2019, Virgin Group announced its first train line would be Virgin Trains USA in South Florida. The majority owner and operator of the train is Fortress Investment. Virgin Group is a minority investor providing the iconic branding for the train. This train line was originally known as Bright line and began service in May 2018, with test runs starting in 2017. It is a high-speed intercity system that currently stops in Miami, Fort Lauderdale, and West Palm Beach. Virgin previously announced it intends to extend the train line to Orlando and Tampa. Individuals who are injured in an accident involving a Virgin train should contact an experienced lawyer in Miami. If the incident was a train-car collision, our Miami car accident attorneys are here to investigate the crash, determine what went wrong, and identify the liable party. Our lawyers at Gerson & Schwartz P.A. are highly experienced in handling all types of vehicle collisions, including those involving commuter and freight trains. We are not afraid to hold large and popular businesses responsible in court.

Cruise Ship Passengers Killed During Excursion

On May 13, 2019 two sightseeing planes carrying Princess Cruise passengers collided in midair in Alaska. The floatplanes were carrying passengers near Ketchikan, in southeast Alaska. According to Princess Cruises, one of the planes was carrying 10 guests for a shore excursion sold by the cruise line.The other plane was an independent flight tour and was carrying four people from the Royal Princess vessel as well.

The fact that the excursion was sold by Princess to cruise ship passengers in this case is an important legal detail. Princess may be held liable under various legal theories including joint venture, negligent selection or negligent retention of the excursion operator that selected the airplanes for the company being used to transport the passengers. Alternatively, Princess  may be vicariously liable if the plane was negligently maintained resulting in the crash.  The plane manufacturer, maintenance company will likely have legal liability for this case. However, given the catastrophic damages, all sources of legal and financial responsibility will need to be explored. This This is an egregious example of what can go wrong during cruise ship excursions. If you suffered injuries or a loved one passed away from a serious accident or injury resulting in a wrongful death  during a cruise ship activity or excursion, we recommend you call our cruise ship accident lawyers in Florida at Gerson & Schwartz P.A. at (877) 475-2905. You also can reach out to us through our online form or email info@gslawusa.com to schedule your free consultation.

A pedestrian bridge located at Florida International University suddenly collapsed on vehicles below injuring dozens and causing several fatalities. The bridge was recently constructed and was just opened to the public this past Saturday on FIU’s campus. Little information is known about the root cause at this time. Witnesses reported that dozens of vehicles may still be alive or trapped beneath the rubble.  Miami-Dade Fire Rescue along with first responders were still trying to get beneath the 950 plus tons of concrete wreckage. A witness to the accident contacted our law firm and sent us this photograph seconds after the bridge crumbled. 

Construction sites, accidents, rules and regulations are governed by the Occupational Health and Safety Administration (OSHA). OSHA is the primary federal agency assigned with promulgating rules and safety enforcement regulations in the workplace. In this case, when a bridge and construction accident occurs, OSHA conducts a comprehensive investigation. This usually takes many months to complete but eventually will reveal how this tragic event occurred, how it could have been prevented, and what specific violations of OSHA’s regulations may have been violated. OSHA’s duties, include protecting workers as well as enforcing safety laws for the benefit of the general public. Companies who violate OSHA safety regulations may expose themselves to legal liability, which can include civil and criminal penalties. Miami, Florida has been subject to many construction site accidents but this one is by far the most serious and tragic construction accident event in recent memory.

While it is too early to know how or why this specific tragedy occurred, the mere fact that this bridge collapsed is a prime example of the legal doctrine known as as “Res Ipsa Loquitur”, which means “the negligence speaks for itself”.  Bridges simply do not collapse in the absence of some sort of negligence. The personal injury law offices of Gerson and Schwartz, PA specialize representing serious injury and wrongful death victims due to construction defects and industrial accident related tragedies. Our construction accident attorneys in Miami are familiar with OSHA rules and regulations and how to prove negligence in industrial and construction accident cases. If you or a loved one were the victim of the FIU bridge collapse or another type of construction accident case, then contact our Miami law offices today for a free consultation. Call us today at 1- 877- 475-2905 or email us at info@gslawusa.com for help. Walk in clients are also accepted. Our personal injury offices are located at 1980 Coral Way in Miami, Florida. You may also visit our website at www.injuryattorneyfla.com. Se Habla Espanol.

 

Did You Fall on Your Cruise?

Imagine one minute you are enjoying a show on your relaxing cruise vacation. The next, you are exiting the theater and suddenly you are lying on the ground in serious pain. This is the experience of one Carnival Cruise passenger who slipped and fell on a wet tile floor just outside a carpeted theater on the ship. Like many cruise ship accidents, this happened when it was least expected.

Slip and falls can cause surprisingly serious injuries. In some cases, you may simply walk away with a bump or bruise. However, many slip and fall accidents can cause the following injuries, among others:

Three Signs Your Miami Slip and Fall was the Result of Negligence

Slip and fall accidents are consistently among the most common causes of accidental injury in the Miami area. They can occur anywhere, including schools, malls, grocery stores, gas stations, and even on the sidewalk. While many people believe that slips, trips, or falls are usually minor accidents, these accidents can actually cause extremely serious injuries, broken bones, soft tissue injuries, and even traumatic brain injuries,spinal cord injuries. The National Floor Safety Institute indicates that slip and fall accidents are responsible for more than 1 million emergency department visits each year.

If you have been hurt in a slip and fall accident that occurred on someone else’s property, we have some good news: if you can show that your accident was the result of negligence, you may be able to recover compensation for your losses so contacting a Miami slip and fall lawyer is a good idea. Such losses include your medical bills, lost income, loss of quality of life, and physical and emotional pain and suffering.

This Sunday, millions of Americans will watch the New England Patriots take on the Atlanta Falcons in Super Bowl LI in Houston, Texas. For many football fans, Super Bowl Sunday has become an unofficial holiday, full of friends, food, and, sometimes, the over consumption of beer, wine, or liquor.

Unfortunately, drunk driving accidents tend to spike around events that involve the consumption of alcohol, and Super Bowl Sunday is no exception. In fact, an article published in Forbes calls Super Bowl Sunday one of the “biggest drinking days of the year.” As a result, if you plan to be out and about this Sunday, you should take certain steps to protect yourself from involvement with a drunk driving accident, including the following: Our Miami Car Accident lawyers have some advice.

  • Make Sure You are Alert and Aware – if you are looking to avoid an accident with a drunk driver, one of the easiest steps you can take is to abstain from alcohol yourself. Recent research has indicated that even blood alcohol content levels under the legal limit of .08 percent can have an impact on your reaction time and have a sedative effect.

If you have been injured, you are likely wondering what you should do next?  Should you speak with an attorney now or later? Should you try and handle the claim on your own? Should you focus on healing and not worry about trying to bring a legal claim in court or at all? You may wonder, how will I pay for  medical bills, property damage, lost wages, out of pocket expenses or recover money for pain and suffering  after a serious injury? Miami personal injury attorneys help injury victims through injury claims. No matter how you were injured—whether it was in a motor vehicle accident, a slip and fall, or in some other type of incident personal injury claims take time to resolve. Many injury victims don’t understand that amount of information that needs to be processed. From the minute you walk into the law firm office information needs to be gathered. Case facts need to be analyzed. Injuries also can take time to heal and in some cases the long term consequences are not recognized until well after an accident. As personal injury lawyers, our  job is to not only understand how an accident occurs, but also how understand how it will affect our clients long term. Is future medical care needed? Are the injuries going to heal on their own? Is the  defendant financially viable? There are many in variables to consider after serious accident, injury or death claim.

WHAT SHOULD I EXPECT TO HAPPEN FIRST AFTER AN ACCIDENT

If you have not hired a lawyer yet, you will probably receive calls from insurance companies, investigators  or insurance adjusters.  These insurance companies will likely try to settle the claim for as little money as possible. If you were in a car accident, the at-fault driver’s insurance company may contact you. If you slipped and fell in a store, the store’s insurance company representative may call you too. As  a rule of thumb,  if you are injured in Miami, Florida then you should not speak to these insurance companies without the advice or guidance of an reputable accident attorney.

A recent deadly scaffold collapse in Miami reminds construction companies to use caution when erecting and utilizing scaffolding on construction sites.  Construction companies use scaffolding frequently. The apparatus is more stable than a ladder and allows workers to move about more freely without worrying too much about losing their balance. However, scaffolding can create a false sense of security on behalf of those employees using it. Considerable attention must be paid to the safety requirements of scaffolds. Failure to do so can result in serious injury and death from collapsing equipment. A construction company may be held liable for the injuries suffered by workers from scaffolding failures. Miami construction accident attorneys with decades of experience will fight to hold construction companies responsible for your injuries or your loved one’s death caused by scaffold collapses.

The recent deadly collapse occurred in Miami in mid-October of 2016. Construction workers set up scaffolding on the outside of a high-rise building. Without warning, the scaffolding failed. The collapsing scaffold cast debris in all directions injuring workers and passers-by alike. The person killed as a result of the collapse died from a heart attack as a result of fleeing from the falling structure. The debris crashed down on a worker’s head who, despite wearing a helmet, suffered a severe laceration to his head.  The cause of the accident remains under investigation by the Occupation Safety and Health Administration (OSHA).

OSHA’s primary function is to protect workers from unsafe or unhealthy working conditions.  Accordingly, OSHA issued safety standards for scaffolding use. The safety standards impose an obligation on employer and employee alike to make sure that they are using scaffolding appropriately and safely while on the job. The security requirements may seem so obvious that they need not be stated. Notwithstanding, scrupulous adherence to the rules can save lives and prevent injuries.

Florida has some of the highest plastic surgery rates in the country. One survey showed that Miami alone has 10 plastic surgeons per 100,000 residents. Thousands of cosmetic procedures are performed in Miami and the rest of Florida every year. In some cases, surgeons make errors that cause severe injuries to their patients. Sadly, many patients die due to the injuries they sustained during or after a plastic surgery procedure.

Medical malpractice cases are among the most complex civil actions that attorneys file. Pursuing them requires an in depth understanding of not only personal injury laws, but also the anatomy and physiology of the human body. To successfully pursue such a claim, a victim should seek a Miami personal injury lawyer with years of experience in these cases.

In a medical malpractice case, the patient must demonstrate three things: that the medical professional had a duty to the patient; that this duty was breached when the medical professional acted negligently; and that, due to this negligence, the patient suffered harm. Establishing the duty is usually straightforward—when a patient consents to a procedure, the doctor-patient relationship is established. To demonstrate negligence, a medical expert will need to testify and explain what the standard course of conduct is for the procedure in question and how the medical professional deviated from that standard.