Negligence

April 29, 2016

Bounce Houses Taking Flight

Recently, on the beach of Fort Lauderdale, Florida, a young boy was playing in a bounce house when, all of a sudden, 85 miles per hour wind gusts triggered the bounce house to take flight causing the young boy to fall about 20 feet to the sand, breaking his arm. His parents filed a lawsuit against the city and the vendor, All Star Events, for damages. Said lawsuit alleges All Star Events was negligent in the way it assembled and secured the bounce house, failed to warn of the risks, failed to monitor the weather, and its failure to train personnel for emergencies, and other claims. The boy’s parents argue that All Star Events breached its duty of providing a safe environment for guests.

If you or a loved one sustained an injury at the fault of another person, it is imperative that you seek legal representation. Doing so will increase your chances of adequate compensation. The experienced Miami personal injury attorneys at Gerson & Schwartz, PA are here for you. Our attorneys have been representing accident victims and their families throughout Miami, Fort Lauderdale and other parts of South Florida for more than 43 years.

Statute of Limitations

April 22, 2016

Social Guests and Premises Liability in Florida

by Gerson & Schwartz, P.A.

Whether it is at July 4th parties, graduation parties, summer parties, or parties in general, if you live in Florida, please beware that you may be held liable if someone is injured on your property. A social guest, if injured in your house, may sue you if he or she is injured due to your lack of reasonable care. Though this concept may seem complex at first, this post aims at clarifying Florida’s premises law.

If you or a loved one are injured on the property of another, you may be entitled to substantial compensation. To increase your chances of compensation, it is imperative that you hire an attorney for your case. The Miami personal injury at Gerson & Schwartz PA lawyers are here to help. Our lawyers have provided high quality legal representation to injured people in Florida for over 40 years. We are dedicated to protecting our clients’ rights and helping them get back on their feet. For a FREE consultation, call (305) 371-6000 or contact us online.

Florida’s Premises Liability Laws

April 15, 2016

Florida’s Dram Shop Law

by Gerson & Schwartz, P.A.

If you are a bartender, or if you own a bar, there is an important law that you should be aware of: Florida’s dram shop law. This law was recently argued in a Florida court following a fatal car accident. Terry Dinkins of Water Park, the owner of Acme Comic Superstore, caused said accident. The night of the accident he visited a bar for an event hosted by Acme. He then drove away from the bar with a blood-alcohol level of 0.20, and began driving in the wrong direction down State Road 436. Mr Dinkins then collided head-on with a gray Nissan. Sylvia Barajas and Brandi Cole, passengers of the Nissan, were killed on impact. Three civil lawsuits followed, one being against the bar. This lawsuit alleges that the bar was negligent under Florida’s dram shop law. This post will define Florida’s dram shop law and hopefully provide some clarity.

How the Dram Shop Law Works in Florida

Upfront, various states have dram shop laws that allow injured people to seek compensation from a third party, such as a bar or a host at a social gathering, if that third party provided alcohol to someone who then caused an alcohol related accident. Florida’s dram shop law differs from other states’ dram shop laws. In Florida, per Florida Statute Section 768.125, if an individual willfully and unlawfully provides alcohol to a minor under 21 years of age or knowingly provides alcohol to a person habitually addicted to alcohol, that person, or bar, may be held liable for any injuries caused by the minor or the person who is habitually addicted.

April 8, 2016

Pedestrian Accidents

by Gerson & Schwartz, P.A.

The weather is drastically warming as we approach the summer. At the same time, more and more people are spending time enjoying outdoor activities. With this, it is important to take caution as accidents, sometimes fatal accidents, can occur when least expected. Recently, in Winter Park, Florida, a van slammed into a man who was walking down a sidewalk near the intersection of 436 and Aloma Avenue. The van knocked the man to the ground and kept rolling until it slammed into a sign and then a fire hydrant. The van then flipped over onto its roof. One witness reports that the victim saved his girlfriend from being hit by pushing her out of the way. The victim suffered from a broken leg and a head injury.

If you or someone you love has suffered injury at the fault of another person, you may be entitled to substantial compensation. To increase your chances of compensation, it is imperative that you hire an attorney for your case. The Miami personal injury at Gerson & Schwartz PA lawyers are here to help. Our lawyers have provided high quality legal representation to injured people in Florida for over 40 years. We are dedicated to protecting our clients’ rights and helping them get back on their feet. For a FREE consultation, call (305) 371-6000 or contact us online.

Florida’s Relevant Law

March 11, 2016

Jet Skis and Accidents in Florida

by Gerson & Schwartz, P.A.

Riding jet skis has significantly increased in popularity over the years. This may be because they are substantially cheaper than boats. To many, it seems that jet skis are taking over Florida’s lakes, rivers and beaches. To many, however, jet skis are a major headache. Not only are they loud and numerous, but they are nearly twice as likely to be involved in an accident when compared to boats. Jet ski accidents tend to be tragic and even fatal, as riders have limited protection. In 2011, 44 people were killed on jet skis. 38 people were killed on jet skis in 2010.

Recently, in Florida, Miami Beach Fire Rescue transported a young woman to the hospital after she suffered a severe head injury. She was involved in a jet ski accident. Officials found that the jet ski she was riding on forcefully collided with another one, near 42nd Street. If you were involved in a jet ski accident, and it was the fault of another person, it is important that you retain an attorney to ensure that you are adequately compensated. The Miami personal injury attorneys at Gerson & Schwartz, PA are here to help. We continue our 43-year plus tradition of representing injury victims and their families throughout Miami Dade, Fort Lauderdale, Coral Gables, and other areas of South Florida.

Jet Ski Regulations

March 4, 2016

Partial Fault for a Florida Automobile Accident

by Gerson & Schwartz, P.A.

Automobile accidents are prevalent here in Florida. As it turns out, automobile accidents are one of the leading causes of injury and death in Florida. Are you a victim of such an accident at the fault of another person? If so, are you hesitant on initiating a claim because you may have been partially at fault for the accident? True, this would be a huge problem in Alabama, Maryland, North Carolina, Virginia, and the District of Columbia because these states follow the “Contributory Negligence” rule. Per said rule, an injured person (“Plaintiff”) will not recover from the at-fault driver (“Defendant”) if Plaintiff was at fault to any degree. Fortunately, this rule does not apply in Florida.

It is critical that you hire an experienced attorney for your case. The personal injury and accident attorneys at Gerson & Schwartz PA are here to help. Our experience spans over 43 years with significant results at both the trial and appellate levels. We have successfully represented injured drivers and passengers in every imaginable automobile accident scenario.

Florida’s Pure Comparative Fault

December 18, 2015

What You Should Know Before Filing a Medical Malpractice Suit

by Gerson & Schwartz, P.A.

Opened First Aid Kit

If you were injured as a result of the negligence of a doctor or other medical professional, you may be able file a medical malpractice lawsuit to receive compensation for your injuries. While the damages you can receive can be substantial, the actual legal process is fraught with red tape and complications designed to discourage people from pursuing this type of litigation. While the hurdles are numerous, you deserve compensation for the many complications that result from medical malpractice and should seek all legal remedies. If you were injured or lost a loved one due to medical malpractice, contact a Miami Medical Malpractice Attorney today.

Statute of Limitations

November 20, 2015

Fourth Settlement Reached Over Negligent Security in Apartment Shootings

by Gerson & Schwartz, P.A.

In November a Miami apartment complex settled its fourth negligent security case in four months. The 9-year-old son of a man shot in April was awarded $1.45 million because the apartment failed to provide adequate security precautions for its residents. If you have been injured or had a loved one killed on a premise with negligent security, contact a Miami Negligent Security Attorney.

This newest settlement was shortly preceded by three other settlements of three men who were shot at a Super Bowl party in the complex and one of the men was killed. The two surviving men and the family of the decedent received a combined $2.4 million settlement.

The lawyer of the case found that the apartment complex owners did not hire security guards or off-duty police officers to patrol the building, there were no security cameras, insufficient lighting and one of the gates meant to restrict access to the complex was missing. These are all serious blunders by the apartment administration that could have made it easier for shooters to gain access to the complex.

October 12, 2015

Miami Wrongful Death Claims: Understanding Your Rights

by Gerson & Schwartz, P.A.

Two teenagers from Lakewood Ranch, Florida tragically died after an accident that left their vehicle split in half. One of the teenagers, a 17-year-old boy, was operating a Mercedes when he failed to negotiate a curve and crashed into a tree in the median, according to CBS Miami.

Both the driver and his 15-year-old passenger died as a result of the crash. Our Miami car accident injury attorneys are deeply saddened by this news. Losing anyone in a preventable car accident is a tragedy, but it is especially gut-wrenching when those taken from us are so young.

Florida Highway Patrol officials suspect speed may have played a role in the crash, but continue to investigate. If it turns out that speed was a contributing factor, the family of the 15-year-old passenger may have a basis to pursue a wrongful death claim. This is a claim based upon a state law known as the Florida Wrongful Death Act.

October 2, 2015

Construction Accidents – Understanding Your Rights

by Gerson & Schwartz, P.A.

Construction sites can be extremely dangerous, especially for the workers who are operating in and around the sites on a daily basis. With numerous contractors and sub-contractors at the site, there may be a number of different tasks taking place. Unfortunately, our team of Miami construction accident injury lawyers commonly discover that not all work tasks were being done in accordance with safety standards and protocols at the job site.

Injured on the Job – How to Get Compensated

Injured construction workers are entitled to apply for worker’s compensation insurance. Basically, worker’s comp allows you to receive financial benefits for your lost income while you are disabled and incapable of returning to work, along with reimbursement for medical expenses. In some cases, depending on the severity of the injury, you could be eligible to pursue lifetime permanent disability payments and/or a lump sum settlement.