$60 Million Sexual Abuse Victim

$37.5 Million Product Liability

$12.5 Million Wrongful Death

$10.5 Million Crime Victim

$2.8 Million Jury Verdict Car Accident/Dram Shop

$2.5 Million Truck Accident

$2.4 Million Truck Accident

$2.2 Million Car Accident

$2 Million Premises Liability

$1 Million Medical Malpractice

$1 Million Inadequate Security

$900,000 Inadequate Security

$800,000 Workplace Accident

$800,000 Slip and Fall

$700,000 Cruise Ship Case

$500,000 Rape Sexual Assault

$500,000 Car Accident

$500,000 Slip and Fall

(Confidential) Cruise Ship Case

Miami Personal Injury Lawyer Blog

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

Dram Shop Laws in Florida

Published on: June 24, 2022 | by Gerson & Schwartz, P.A.

There are multiple concepts under Florida personal injury laws that extend liability to individuals or entities other than the negligent party, which essentially impute fault to a party that might not even be anywhere near the scene of an accident. One is the principle of dram shop liability, a factor in many drunk driving collisions. This theory states that a bar or tavern may be held accountable for overserving someone who later causes a crash. Florida does have a dram shop law, but not one that supports the interests of DUI accident victims: The statute provides that an establishment cannot be liable under such circumstances.

However, a ban on dram shop liability does not preclude other legal remedies for victims. It is still possible to recover compensation for your losses, and a Miami drunk driving accident lawyer can assist with challenges. Some information on your options and tips on what to do after a DUI crash are also helpful.

Legal Remedies for Drunk Driving Collisions

Defective Product Recalls to Watch for in Summer

Published on: June 17, 2022 | by Gerson & Schwartz, P.A.

Even though South Florida enjoys gorgeous, sunny weather year-round, both adults and children tend to enjoy summer-related activities more often between Memorial Day and Labor Day. The mood during this time of year inspires outdoor adventures and fun in the sun for people of all ages. You might not expect that the equipment, toys, and other consumer products you use for your escapades could be dangerous, but the US Consumer Product Safety Commission (CPSC) reports numerous recalls. Serious injuries could result when a defective product fails and causes an accident.

You do have legal remedies under Florida product liability laws, so it is possible to recover compensation for your losses. A Miami product liability attorney can assist with your options, since you could be pursuing a multinational corporation with a large legal department dedicated to fighting your claim. In addition, it is useful to know the kinds of defective products you may encounter during summer months.

Defective Products That Can Ruin Summer Fun

Miami-Dade County to Pay $4 Million for Catastrophic Spinal Cord Injuries

Published on: June 10, 2022 | by Gerson & Schwartz, P.A.

Six years after suffering catastrophic injuries in a South Florida car accident, a young girl and her family will finally gain some financial relief for their devastating financial, physical, and emotional losses. Miami NBC-affiliate WFLA News Channel 8 covered the story, reporting that the victim’s spinal cord was severed in a collision with a police cruiser. The officer driving the vehicle was speeding through an intersection without properly working traffic lights as Hurricane Matthew was bearing down on the state in 2016. The girl, an infant at the time, was traveling in a vehicle driven by her mother when it entered the intersection. The police cruiser smashed into the car, causing an impact that severed the victim’s spinal cord.

The $4 million was reached by settlement of the parties, and it is the largest sum Miami-Dade County has ever paid for an accident claim. You should consult with a Miami catastrophic injuries lawyer if you or a loved one suffered harm to the brain, spinal cord, or spine, but a few points about this case are informative.

Distribution of the Settlement Award

One Dead, Two Injured in Horrific Parasailing Accident in Florida Keys

Published on: June 3, 2022 | by Gerson & Schwartz, P.A.

In yet another example of an enjoyable vacation experience gone tragically wrong, a woman was killed and two children were injured in a parasailing accident in the Florida Keys on Memorial Day. According to the Miami Herald, the three victims were aloft and enjoying flat calm conditions when storms suddenly surrounded them within minutes. The wind “pegged” the parasail, meaning that the chute becomes controlled by wind gusts instead of the boat towing the apparatus. In response, the vessel’s operator cut the line tethered to the victims. The three plunged from an unknown height and were dragged several yards by the chute, before colliding into the Seven Mile Bridge.

On its face, the incident seems to be a clear case of liability on behalf of the boat operator. However, there are additional factors that could complicate a wrongful death or personal injury claim. A Miami resort and vacation injuries attorney will help navigate challenges, and some details on the recent accident are informative.

Negligence v. Recklessness

Miami Pedestrian Accidents Spike During Summer Months

Published on: May 27, 2022 | by Gerson & Schwartz, P.A.

In most northern US states, the significant difference between weather in the summer and winter months means more people on foot once the temperatures rise. That may not be the case around Miami, but you might be surprised to learn how pedestrian accidents spike from June through August. According to the Florida Department of Highway Safety and Motor Vehicles, (FLHSMV), almost 200 people are killed and more than 2,600 victims are injured in the 3,300 pedestrian accidents that occur in South Florida every year. Approximately one-half of these incidents happen between Memorial Day and Labor Day.

There are multiple factors that combine to create safety risks when walking in the summertime, and the details are useful to know in terms of prevention. However, the statistics above are proof that injuries to people on foot still occur despite the use of caution. You should discuss your legal options with a Miami pedestrian accidents attorney, as you may be entitled to compensation for your losses as a victim. Some background on the reasons behind the spike is also helpful.

Longer Days

E-Scooter Use on the Rise in Miami: Safety Tips and Reminders

Published on: May 20, 2022 | by Gerson & Schwartz, P.A.

As consumer prices continue to soar and people are feeling more pain at the gas pump, many people are turning to an unexpected source of transportation for getting around Miami: E-scooters. According to a May 25, 2022 press release, the current market size for e-scooters is $626.8 million and expected to reach $806.3 million by 2032. Besides the financial benefit of not requiring gas, e-scooters are:

Lower in cost than purchasing a passenger vehicle;
Convenient to fold-up and stow instead of parking; and,

Three Laws Victims of Miami Maritime Accidents Need to Know

Published on: May 13, 2022 | by Gerson & Schwartz, P.A.

Due to its location, climate, and ease of access to the Atlantic Ocean, Caribbean Sea, and other major waterways, it is no surprise that Miami is a major shipping and cruising hub. In fact, the Port of Miami is one of the busiest cargo ports in the US, and it is the largest passenger port in the world. The sprawling facilities located in Biscayne Bay account for more than 334,000 jobs and bear an economic impact of $43 billion for the State of Florida every year.

Working around harbors and watercraft of all sizes is dangerous, so these 334,000 maritime employees are putting their lives and safety at risk every workday. The potential for injuries and even life-threatening accidents is high, so it is reassuring to know that there are several laws that protect you. The key is knowing which ones apply to your situation, and a Miami maritime accidents lawyer can explain the details. Your circumstances may trigger:

The Jones Act

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