Miami Accident Lawyer Blog

March 27, 2015

Court Decides What Law Applies to 2005 Slip and Fall Injury Lawsuit

It’s not often that a court has to determine what the law was, and what law applied, almost five years previously. But a recent slip and fall case has caused a court to evaluate whether a law changed back in 2010 should apply to an accident that happened in 2005.

Child Falls on Substance in a Mall

A woman alleged that in 2005, her minor son fell on a slippery substance in shopping mall, right near a Chick-Fil-A restaurant. She sued for his injuries, alleging the restaurant negligently allowed the foreign substance to remain on the floor, and knew or should have known it was there, thus creating a dangerous condition.

March 26, 2015

No Special Instruction For Patient With Object Left Inside of Him

by Gerson & Schwartz, P.A.

One of the most frightening scenarios for patients who undergo a surgical procedure in a hospital is the possibility of having a foreign object left inside of them. A recent case discusses how and when the law protects those who fall victim to this kind of negligence.

Man Has Object Left Inside of Him

Recently, a man underwent a surgical procedure in a hospital, and a drain was inserted into him, a common procedure to allow drainage of excess fluids. A nurse eventually removed the drain. The man began experiencing intense pain for days afterward. What he didn’t know then, but eventually learned, was that a portion of the drainage tube had dislodged, and remained inside of his body.

March 20, 2015

Study Ranks Florida #1…As Worst State to Get Into an Accident

by Gerson & Schwartz, P.A.

In many cases, being on the top of a best or worst-of list, can be bad news. That’s the case for Florida, which was recently ranked in a study as being the worst state in which to get into a car accident. That’s right, including Washington D.C., Florida was 51 of 51.

Study Evaluates Insurance Issues

The study was based on both the kinds of insurance required by a state, and the percentage of drivers that were driving, illegally or not, without any insurance. The study also took into consideration what kinds and what limits of insurance are required by drivers to be carried. Many states have no insurance requirements at all.

March 18, 2015

Incident Reports Documenting Accidents Are Harder to Get Than You May Think

by Gerson & Schwartz, P.A.

It’s pretty basic that when you are litigating a case involving personal injuries, you need evidence to prove your case in court. In fact, much of what happens before trial involves disputes over what evidence can be obtained and which evidence the negligent defendant is not required to produce.

One category that doesn’t have to be produced is known as “work product.” This term has a specific legal definition, but in practical terms, anything deemed work product may be very difficult for you to obtain to prove your case.

What is Work Product?

March 13, 2015

Be Aware of Pharmacist Liability for Drug-Related Injuries

by Gerson & Schwartz, P.A.

When we think of medical errors, we usually think of medical malpractice, or errors by other medical providers or facilities. We don’t often think of pharmacists. But where a medication creates an adverse effect—including death—it’s important for someone who is injured to consider the liability that a pharmacist may have.

When Pharmacists are Liable

Suits against pharmacist may include:

March 11, 2015

Florida Supreme Court Upholds Negligent Security Verdict Against Apartment Complex

by Gerson & Schwartz, P.A.

We’ve written in the past about the civil aspects of crime. A huge area of negligent security case law derives from crime that occurs at apartment complexes. Landlords aren’t insurers of tenant safety, but surely have an obligation to do what they can to keep foreseeable crime out of the complex, and provide basic safety measures for tenants to help prevent injuries.

A recent case decided by the Florida Supreme Court emphasizes how important nuanced facts are to negligent security cases. In the end, the court made a ruling that makes it a bit easier for victims to obtain reparation for injuries caused by a landlord’s failure to provide adequate safety.

Murder in an Apartment Complex Leads to Lawsuit

March 5, 2015

Florida Supreme Court Gives New Life to Liability Releases

by Gerson & Schwartz, P.A.

The Florida Supreme Court, in an important decision, has changed the way that so-called exculpatory clauses are interpreted. Its decision unfortunately broadens the effectiveness of these agreements, and thus, makes it harder for those catastrophically injured by the negligence of a business, or while on a business premises, to recover damages.

Exculpatory clauses are the contracts that you often sign that purport to waive any liability for the business for any injury that you sustain. They are often used on cruises, in gyms, in kids play areas, and in extreme sports. Simply put, you are agreeing not to sue the business if you’re injured when you’re there, or taking part in an activity.

Mother Injured on Vacation Starts Dispute Over Liability Release

February 26, 2015

General Motors Recent Auto Recalls May Give Rise to Increase in Product Liability Claims

by Gerson & Schwartz, P.A.

It seems that more cars including additional GM products are facing recalls based on design and manufacturing defects. Some of the problems are those that could potentially cause serious or catastrophic injury, reminding us that often our vehicles may not be as safe as we believe they are, and that it’s important to pay attention to the recall notices in the news. The Miami personal injury lawyers at Gerson & Schwartz, P.A. are keeping a close eye in the wake of the latest General Motors recall fiasco.

Airbags a Big Recall Target

The rumor is true, that often an airbag can cause as much injury as a crash itself. Still, airbags often save lives, and are an important protective tool for drivers.

February 20, 2015

Insurance Policy Exclusions May Interfere With A Personal Injury Claim and Why You should Read the Lanugage in Your Insurance Policy.

by Gerson & Schwartz, P.A.

If you are injured in an accident, and the negligent party was drunk and under the influence of alcohol, it may appear that your case is a slam dunk. Generally speaking from a liability standpoint this may be true. However, collecting from the insurance company for the full amount of your damages may not be as simple as you think. Some insurance policies have exclusions for certain acts. This means the insurance company may not be required to cover an insured’s negligence such as an intentional act, or if there is a claim that arises based on conduct that is excluded or not covered under the insurance plan language. This can include a claim that arises out of a fight in a night club, use of alcohol, or even for punitive damages such as an insured in a drunk driving accident. These exclusions are common in premises liability cases, such as bars, nightclubs, and other commercial property insurance policies. For these reasons, it is always a good idea to ask for a free consultation with a personal injury lawyer in Miami to discuss if any of these potential issues may apply to your case.

Recent Case Enforces Alcohol Exclusion

This does not mean that the tort feasor is entirely off the hook. Injury victims can always pursue legal action regardless of insurance that is available. It just means that the an action to collect some or all of a judgment for claims that are not covered under insurance may have to come directly from the at fault party, as opposed to the insurance company. However, the reality of collecting against an uninsured or under insured defendant directly just may not make sense.

February 18, 2015

What To Expect In, and Why You Shouldn’t Fear, a Deposition

by Gerson & Schwartz, P.A.

If you file a lawsuit to recover damages for injuries you sustain, in most cases, you can expect to be called to sit for deposition. Movies and TV have ingrained in us that depositions are scary things. But if you’re properly prepared, and understand how the process works, depositions are nothing to be nervous or concerned about.

What to Expect

As an initial warning, this is general advice only. Every case is different, and a good attorney will prepare you for deposition questions that may be specific to your case and your history.