Articles Tagged with negligence

lionello-delpiccolo-Dv65oNf9UI4-unsplash-copy-300x200Most drivers are well-aware of the dangers of speeding, but recent information published by the National Highway Traffic Safety Administration (NHTSA) sheds some light on the severity of the problem. Speeding has been a factor in around one-third of all fatal motor vehicle accidents for the last 20 years, and it contributed to 26% of such incidents in 2017. Not only does speed lead to a high number of fatalities, but it is also a top cause of serious injury-causing crashes. 

If you were hurt or lost a loved one in an auto collision caused by someone else’s negligent acts, including speeding, it is important to contact a Miami car accidents attorney right away. In the meantime, you can also review some information on the dangers of speeding.

How Speed Limits Impact Safety on Florida’s Roads

jacek-dylag-PMxT0XtQ-A-unsplash-copy-300x200Many people commonly associate personal injury cases with car accidents, and it is true that many of these matters involve collisions. According to the Florida Department of Highway Safety and Motor Vehicles Crash Dashboard for 2018, there were more than 646,000 crashes in Miami-Dade County alone.

However, there are many other types of accidents and incidents that lead to serious injuries for victims, many of which could have been avoided. Discuss your situation with a Miami personal injury attorney if you were hurt under any of the following circumstances.

Negligence-Based Claims

For many people, the day doesn’t really start until they have had their morning coffee. Usually, the worst thing that happens while trying to get a caffeine fix is that the line at the coffee shop is too long. For one South Florida woman, her morning coffee stop ended in a trip to the hospital after she was accidentally shot by another patron’s firearm.

When a gun owner fails to follow proper gun safety protocols, he or she can be liable for any injuries that occur. If you have been injured by an act of negligence, a Miami personal injury attorney can help you get the compensation you need to recover from your injuries.

Gun Owner Negligence Can Lead to Civil Lawsuits

Per Florida statute, a person shall be charged with driving under the influence if he or she has a “breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.”  In Florida, as in other states, DUIs are a daily threat to public safety. As a matter of fact, per Mothers Against Drunk Drivers (“MADD”), 27.5% of all traffic fatalities in Florida involve drunk drivers. In the 2014 alone, there were 40,677 DUI arrests.

A doctor, 61-year-old Eric Martin Spivack, living in South Florida, was arrested for the crash that killed a pedestrian in North Miami Beach. Spivack faces a DUI manslaughter charge.  Spivack, a cardiologist, was driving when he fatally struck Yakov Duboschinskiy, 77 years of age.  Duboshinskiy was crossing the street when he was hit. When police arrived at the scene, they noted that Spivack smelled of alcohol. A toxicology test would later reveal that Spivack had a blood-alcohol level of .087. This is above the legal limit of .08. Spivack also had traces of codeine in his system.  

If you or a loved one are a victim of a crime, it is imperative you hire an experienced attorney.  The Miami crime victim lawyers at Gerson & Schwartz, PA provide high quality legal representation. For more information call us toll free at 1-877-475-2905 or contact us online to set up a FREE initial consultation.

Gym memberships have significantly increased in number over the years. In the United States, there are currently 50 million individuals with gym memberships. With the steady increase in the amounts of people flocking to the gym over the years comes the increased risk of gym related injuries. Sometimes the injury is the fault of the gym owner, manager, or even a personal trainer.   

If you or a loved one sustains an injury at the fault of another person, it is imperative to retain an experienced attorney. The Miami personal injury lawyers at Gerson & Schwartz, PA are here to help. Our attorneys represent accident victims and their families throughout Miami Dade, Miami Beach, The Florida Keys, Fort Lauderdale, Broward, and West Palm Beach.

The Inherent Risk of Injury and Related Laws

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

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

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.

In late December five people were killed in a car accident on 1-95 in northern Miami-Dade County when a woman traveled the wrong way down the opposite lane and crashed into a sedan carrying four people. The woman was driving southbound in the northbound lane when she struck the sedan, killing all four people in the car. Two of the passengers were not wearing seatbelts and were ejected from the vehicle. Both vehicles were moving at a high rate of speed and collided head on. Two more people were sent to the hospital in critical condition.

The four people inside the sedan were family members getting together for the holidays. Jose Martin Labrador, 52, and Gisela Gil-Egui, 48, were husband and wife and both worked at local colleges. Labrador was the director of education technology at Housatonic Community College and Gil-Egui was a professor of communications at Fairfield University.

If you were injured or lost a loved one in a car accident, contact an experienced Miami Car Accident Attorney.

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.