Premise Liability

What is a Miami Resort’s Duty to Protect Against Criminal Activity?

Published on: June 23, 2023 | by Gerson & Schwartz, P.A.

South Florida has always been a popular destination for tourism, but you might be surprised to learn how the figures have increased in recent years. According to the Greater Miami Convention and Visitors Bureau (GMCVB), more than 26.5 million visited the Miami area in 2022, including 19.2 million overnight visitors. This rise represents an increase of 2 million visitors over 2021, as people are drawn to the region for business trips and vacations.

Because of the year-round warm temperatures, sun, and beaches, many visitors are attracted to the all-inclusive properties, luxury accommodations, and other resorts. These gorgeous, lavish hotels offer all the amenities, so you might overlook the fact that some may be shirking their responsibilities regarding safety. Criminal activity is common in a large city, and resorts must protect guests. You should discuss your remedies with a Miami resort accident lawyer if you were injured in a criminal incident because operators do have responsibilities.

Duties of Resorts and Hotels

Two Children Die in Drowning Accident at Miami Airbnb

Published on: June 16, 2023 | by Gerson & Schwartz, P.A.

South Florida is a popular vacation destination for its weather, beaches, and water attractions, but a recent story is a reminder of how quickly a fun time can turn tragic. According to a Miami’s NBC News Channel 6 report, two children were found unresponsive in a backyard pool early on June 30, 2023. Hollywood Police and Hollywood Fire Rescue responded to the 911 call and provided first aid at the scene before transporting the victims to Joe DiMaggio Children’s Hospital. NBC later reported that the two children died at the hospital.

Officials will continue to investigate how these horrific drownings occurred, but an important point may affect how the grieving family moves forward with legal options. The subject property is an Airbnb, and the victims were among the guests. Fortunately, there are options to pursue negligent property owners, including those who make money through home-sharing services. It is essential to retain a Miami swimming accident lawyer for help with legal tasks, but some background is also useful.

Legal Obligations of Property Owners

Types of Injuries That Result From a Miami Slip and Fall Accident

Published on: May 19, 2023 | by Gerson & Schwartz, P.A.

With stories about motor vehicle accidents constantly in the news, it might surprise you to learn that traffic collisions are not the top cause of injuries in the US. Falls are the number one reason individuals seek medical treatment, according to the Centers for Disease Control and Prevention (CDC). Every year, almost 8.6 million people visit hospital emergency rooms for care due to injuries from slip and falls. Tragically, around 44,680 people are killed in fall accidents annually.

Florida personal injury laws apply to slip and fall accidents, so you may be able to recover compensation if you were hurt. It is important to take advantage of all legal opportunities since your injuries can be life-changing. Besides physical pain, you may also endure emotional and financial losses. It is crucial that you trust a Miami slip and fall attorney for assistance with the process, especially if you suffered any of the following injuries from an accident.

Trauma to the Head

Surprising Dangers Lurk at Your Local Miami Supermarket

Published on: April 7, 2023 | by Gerson & Schwartz, P.A.

Whether you head out to your Miami neighborhood supermarket to grab a carton of milk or hit a big box store for a week’s worth of groceries, you never expect that your safety may be at risk. Unfortunately, negligent store owners who do not properly maintain the premises create a significant risk of harm. Dangers lurk down every aisle, and many of them are either hidden or unknown to shoppers. Slip and falls at the supermarket can lead to serious injuries, but there are numerous hazardous conditions that could also cause harm at the grocery store.

Florida personal injury laws provide victims with legal remedies under the concept of premises liability. You may qualify to recover damages if you can prove that the accident happened because the supermarket owner breached the duty to keep the store safe for shoppers. A Miami premises liability lawyer can assist with the process of obtaining compensation, but it is helpful to review some information on the risks you could encounter.

Negligence Leads to Grocery Store Accidents

The Next Dangerous Distraction: Driving with a Pet

Published on: December 23, 2022 | by Gerson & Schwartz, P.A.

Millions of American households are home to dogs, cats, fish, ferrets, birds, and every other swimming, flying, or crawling pet you can imagine. These creatures are a part of the family for many, so pets often accompany their owners on trips around Miami. Dogs, especially, are proud to sit perched on their owner’s lap and take in the view, not realizing the extreme distraction they cause. Motorists who drive while interacting with a pet contribute to the number of distracted driving accidents, and the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports on the risk. Every year, there are more than 265 fatal crashes and 49,000 injury-causing collisions linked to distracted driving.

Driving with a pet may not lead to a ticket in the same way as using a phone, but the dangers are profound with any type of distraction. You do have rights under Florida law, so make it a priority to consult with a Miami distracted driving accident attorney if you were hurt. An overview of the risks is also useful.

Pets and the Impacts on Driving

Property Owner Warning Signs and Florida Premises Liability Claims

Published on: October 14, 2022 | by Gerson & Schwartz, P.A.

Accidents are the fourth-leading cause of death in the US and a top reason that victims seek medical care for injuries, but you might be surprised at how the data breaks down. The US Centers for Disease Control and Prevention (CDC) reports that almost 201,000 are killed every year, and 97.9 million people head to the ER for treatment of unintentional injuries. However, contrary to popular misconception, just 20% of these incidents are motor vehicle collisions. More people are affected by falls and related accidents, many of which are preventable.

You are in an ideal position to prevent accidents at home, but there can be hidden dangers in the businesses you visit. Owners can be held accountable under Florida law, so they may attempt to “unhide” hazards by posting warning signs. Help from a Miami premises liability lawyer is essential for addressing such a defense, though some basic information is useful.

Property Owner’s Duty of Care

Actual v. Constructive Notice in Florida Slip and Fall Cases

Published on: July 8, 2022 | by Gerson & Schwartz, P.A.

People tend to point at motor vehicle accidents as the biggest safety concern, so you might be surprised to learn how slip and fall incidents rank in terms of harm to victims. According to the US Centers for Disease Control and Prevention (CDC), almost 37,500 people are killed every year because of unintentional injuries from falls. In addition, more than 6.8 million victims seek treatment in hospital emergency rooms annually from accidental slip and falls. While it is true that the elderly are more at risk, the statistics reveal that these incidents affect all age groups.

Fortunately, Florida personal injury laws protect the interests of victims. The concept of premises liability applies, though many people refer to accidents as “slip and falls” because of how they happen. Premises liability deals with a property owner’s duty, which depends in part upon having notice of a dangerous condition. A Miami slip and fall attorney will help with important tasks, though an overview is informative.

How Notice Works in Premises Liability Claims

Top Causes of Miami Accidents and Your Remedies as an Injured Victim

Published on: July 1, 2022 | by Gerson & Schwartz, P.A.

Accidents are a leading cause of death and disability in the US, but you might not appreciate the risks of being injured as you go about your day in Miami. Data from the US Centers for Disease Control and Prevention (CDC) is disturbing: Unintentional injuries kill almost 201,000 fatalities yearly, placing them in the #4 spot after heart disease, cancer, and COVID. Plus, accidents send almost 98 million people to the ER, while another 25 million people visit their primary care physician for treatment of unintentional injuries.

Personal injury accidents are preventable and usually only occur because of negligent acts, so it is reassuring to know that Florida law protects your interests. However, there are multiple remedies available depending on the circumstances, and you must meet the relevant legal requirements to qualify for compensation. It is wise to get help from a Miami personal injury and accident lawyer if you were hurt because of:

Motor Vehicle Collisions

Are Florida HOAs Liable for Injuries on Property?

Published on: May 6, 2022 | by Gerson & Schwartz, P.A.

There are two schools of thought on living in a Florida homeowners’ association (HOA): Some people view the environment as being too restrictive, while others appreciate the security, convenience, and amenities. Regardless of which side you occupy, the community lifestyle is massively popular in Florida. According to Realtor magazine, there are 48,500 HOAs in the Sunshine state that are home to more than 9.56 million residents. You might not opt to reside in one, but there is a good chance that you will encounter HOA living when visiting friends or family.

Fortunately, both residents and their guests are protected by Florida premises liability laws if hurt on HOA property. Just as any other property owner must maintain their spaces in a reasonably safe condition, a condo or homeowners’ associate can be held accountable. You should consult with a Miami premises liability lawyer if you were hurt, but you can read on for some basics.

Common Types of Accidents on HOA Property

Serious Soft Tissue Injuries in Miami Slip and Fall Accidents

Published on: February 11, 2022 | by Gerson & Schwartz, P.A.

The violent impact of a slip and fall accident can lead to a wide range of injuries, and the most serious ones will obviously require immediate medical attention. You know to head to the ER or urgent care center immediately if you suffer excessive bleeding, broken bones, head injuries, or related trauma. However, it is also common for victims to suffer soft tissue injuries that they may not even realize. Medical professionals at Johns Hopkins Medicine define soft tissue injuries as trauma and damage to the various muscles, ligaments, and tendons throughout the body.

Florida premises liability laws allow you to recover compensation when a property owner’s negligence causes soft tissue injuries, but there can be challenges even when fault is clear. It is wise to retain a Miami slip and fall accident lawyer to tackle the legal burdens, but some background information is useful.

How Slip and Fall Accidents Cause Soft Tissue Injuries