Miami Personal Injury Lawyer Blog

Expired Warranties Under Florida Product Liability Laws

Published on: April 28, 2023 | by Gerson & Schwartz, P.A.

American households buy countless consumer items every year, from clothing, furniture, and toys to electronics, vehicles, and appliances. Many of these products include warranties in their printed materials and specifications, which are essentially assurances about the item’s intended functions and how they work. Consumers take these promises seriously and consider them when making purchasing decisions, so warranties are regulated under federal law. The Magnuson-Moss Warranty Act is an important consumer protection law that sets requirements when a manufacturer decides to include a warranty, though companies do not have to offer them.

When a product carries a warranty, the statute mandates that the language must be easy to understand and unlikely to mislead consumers. It is common for manufacturers to apply an expiration date on warranties, which raises important questions if a victim suffers injuries because of a defective product. A Miami product liability attorney will explain how the laws apply to your circumstances, and some background is informative.

Legal Effect of Product Warranties

Florida Ranks #4 for Fatal Pedestrian Accidents in the US

Published on: April 21, 2023 | by Gerson & Schwartz, P.A.

It is not surprising to learn that Florida ranks high when it comes to the number of pedestrian accidents, as the state’s population makes it the third largest in the US. However, it is disturbing to realize the risk when you look at the rates of crashes involving people on foot. According to the National Highway Traffic Safety Administration (NHTSA), Florida is #4 for pedestrian fatality rates, with 696 deaths across a population of 21.73 million people. In South Florida alone, there are 3,100 pedestrian accidents that cause more than 200 fatalities and almost 2,400 injured victims.

Your life could be turned around if you were hurt while walking, so it is wise to pursue all available remedies under Florida law. Though you may be entitled to compensation, there are several factors that impact your claim. You should trust a Miami pedestrian accident lawyer to assist with the legal process, from filing an insurance claim to litigation. Some information on the common causes behind these incidents also helps you understand the risk.

How Pedestrian Accidents Happen

New Law in Florida Affects the Rights of Accident Victims

Published on: April 14, 2023 | by Gerson & Schwartz, P.A.

Unless you work in the legal field, you may not be aware of a measure recently passed by the Florida legislature and signed into law by the governor. However, if you are the victim of any type of accident in the state, the new statute could have profound impacts on your rights. Florida lawmakers enacted a tort reform measure in March 2023, which contains multiple provisions that change civil remedies and damages in personal injury cases. The biggest supporters of the law celebrated when it went into effect, namely the insurance companies that will always try to find ways to pay victims as little as possible.

If you were hurt in an accident, there are three key provisions in the new law that affect your claim. You can count on your Miami personal injury attorney to tackle the challenges, as well as the other complexities that arise in any case. Still, to give you a better understanding of this tort reform, some basics are useful.

Three Important Takeaways from Florida Tort Reform

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

Tips to Avoid Miami Boating Accidents Related to Towed Water Sports

Published on: March 31, 2023 | by Gerson & Schwartz, P.A.

In a state that is almost completely surrounded by water and contains thousands of waterways within its borders, you can expect that boating is a popular activity in Florida. In fact, according to statistics from the Fish and Wildlife Conservation Commission (FWCC), the state ranks #1 for registered vehicles. There are more than 1 million water vessels of all sizes and types that are licensed for recreational purposes. Of course, this data also puts Florida among the Top US states for boating accidents. Every year, there are almost 850 total reportable incidents, leading to 70 fatalities and approximately 470 injured victims.

Responsible boaters are well aware of the laws, navigation rules, and safety tips for operating a motorized watercraft. However, it is worthwhile to focus on another type of casualty: Accidents involving the fun water toys towed behind the boat. There are additional rules to follow, and these activities open a whole new world of safety issues. A Miami boating accidents attorney can assist if you or a loved one was hurt in an on-the-water incident, though some tips are useful for avoiding them.

Important Definitions

Helmets Protect Against Risks of TBI in Children

Published on: March 24, 2023 | by Gerson & Schwartz, P.A.

It may not surprise you to learn that children under 14 years old comprise the highest rate of emergency room visits for traumatic brain injury (TBI), but you might be shocked to learn the health effects. The US Centers for Disease Control and Prevention (CDC) reports that the implications for children are very different compared to adults with fully developed brains. TBI could disrupt the child’s thinking and behavior, in turn affecting social skills, learning, and proper brain development.

TBI occurs when a person is subjected to a violent blow or jolt to the head or the skull is penetrated by an object. Considering how kids are drawn to physical activities, sports, and recreation, it is easy to see why they are often victims of head injuries. Fortunately, some of these threats can be eliminated or reduced by wearing a helmet. Help from a Miami child injuries lawyer is crucial if your child was involved in an accident, but some information about helmets should be convincing.

Wear a Helmet for Risky Activities

Data Points to Serious Risks of Miami Bicycle Accidents

Published on: March 17, 2023 | by Gerson & Schwartz, P.A.

Bicycling enthusiasts rank Florida quite high for bike-friendliness, and weather, designated bike lanes, and access to lock stands are all factors that add to the appeal. Unfortunately, the risk of bicycle accidents is still quite high. So far, in 2023, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there have already been 550 bicycle accidents, causing 15 fatalities and hundreds of injuries to riders. The threat to bike riders in South Florida is disturbing: In Broward, Miami-Dade, and Palm Beach County, there are almost 1,950 bicycle accidents, causing around 45 fatalities and injuries to hundreds of victims.

These are some concerning statistics about bike crashes in Florida, but additional data reveal important information about how these tragedies happen. If you were hurt or lost a loved one, it is wise to consult with a Miami bicycle accident attorney about your rights. Still, knowledge is power, so reviewing the data is an important way to avoid being injured.

Bicycle Accident Statistics in South Florida

Two of the Three Deadliest Roads in the US in South Florida

Published on: March 10, 2023 | by Gerson & Schwartz, P.A.

You might hear rumors or have personal experience driving on the most dangerous roads across the US. However, statistics are actual proof that Florida is home to a few of the deadliest highways in the nation. According to a report published by WFLA NBC News Channel 8, traffic data from all US states was analyzed to determine where the highest number of fatal auto accidents occur. Researchers crunched the numbers and ranked the Top 20, finding that three of them are in Florida. Besides the individuals who were killed, thousands of other victims are injured on these same roads annually.

For many people who hear about highways being extremely dangerous, the first idea is to avoid them entirely. Not everyone can do so, but it is helpful to realize why collisions occur on these roads so frequently. If you were involved in a crash, retaining a Miami car accident attorney should be a priority.

Three Deadliest Roads in Florida

Proposed Changes to Florida Negligence Laws Could Impact Your Accident Claim

Published on: March 3, 2023 | by Gerson & Schwartz, P.A.

One of the key concepts in a Florida accident claim is negligence, in which the actions of the at-fault party are evaluated to determine if they breach the duty to exercise reasonable care. Negligence is also a factor when reviewing the victim’s conduct. When they are also negligent, victims may lose out on a percentage of their compensation. Under current law on comparative fault, a person’s monetary damages are reduced if their actions contribute to the incident. However, under a new bill under consideration by Florida lawmakers, there is a possibility that you might be prohibited from obtaining any compensation at all.

The measure has a long way to go before it becomes a law, but it is important to understand how it works. A look at the proposed changes can also help you grasp what the existing statute says about monetary damages in accident cases. You can trust a Miami personal injury lawyer to provide personalized advice, but some background is useful.

Current Law on Comparative Fault

Florida’s Special Discovery Rule for Diagnosis Errors Cases

Published on: February 24, 2023 | by Gerson & Schwartz, P.A.

When compared to the statutes of limitations other US states impose in personal injury lawsuits, Florida’s deadline is relatively long. For all actions based upon negligence, such as car accidents and slip and falls, the victim has four years to file a lawsuit in court. The clock starts to run on the date of the accident, and the person loses the right to sue if the time restriction expires. There is a special statute of limitations for medical malpractice actions, however. The deadline is shorter, so you have two years from the date of the incident giving rise to the cause of action.

The statute of limitations creates a tricky situation with a specific type of med mal case in which a healthcare provider misdiagnoses the patient. The clock could run out on the two-year deadline, which is why lawmakers provided the “discovery” rule in the statute of limitations. A Miami diagnosis errors attorney will describe how the law applies to your situation, but there are a few things to know.

How the Discovery Rule Works