Articles Tagged with duty of care

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

Imagine this horrible scenario: you drive your car up a parking garage in search of a parking spot. The only available spots are on a dark, non-lit, level of the parking garage. You park there.  On the way to the exit, you are assaulted and now fighting for your life! Situations such as this can happen to anyone. It is critical that you know and understand your legal rights if you or a loved one experiences similar horrific situations. You may be able to sue the property owner under theories of negligent security. The Miami, Florida negligent security lawyers at Gerson & Schwartz, PA have the knowledge, experience and ability to make property owners pay for the harm done to individuals at the hands of criminals.

The Basics of Negligent Security Measures

In essence, whether it is at a shopping mall, parking lot, parking garage, apartment, etc., people have the right to be reasonably safe from foreseeable harm and criminal victimization. A case founded on negligent security principles relies on the failure to provide reasonable security measures for protecting individuals from preventable harms that a third party owes a legal duty to provide reasonably safe premises. This legal concept touches on premises liability grounds.  Per Florida’s premises liability law, landowners, possessors, landlords, business operators, and property managers have a duty to people lawfully on their premises to make the environment reasonably safe and to warn of latent danger.

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.