Miami Personal Injury Lawyer Blog

Peloton Finally Issues Recall After U.S. Government Pressure

Published on: June 18, 2021 | by Gerson & Schwartz, P.A.

Most manufacturers would take immediate action after their defective products attract the attention of the federal government, especially after several fatal and injury-causing accidents. However, the makers of Peloton treadmills took the unusual step of defying officials until recently. The US Consumer Product Safety Commission (CPSC) issued its first urgent warning regarding the company’s Tread and Tread+ models on April 17, 2021; Peloton initially refused to voluntarily recall the defective products, and only did so a month later after intense negative publicity.

The recall is crucial for preventing additional accidents, but the harm is already done for those who suffered injuries from defective Peloton treadmills. Victims may have a claim against any company that manufacturers dangerous products, and a Miami products liability attorney can explain in more detail. However, some additional information about the recent CPSC action may be helpful.

Details of the Peloton Recall

Surprising Facts About Speed and Driver Reaction Time in Miami Car Accidents

Published on: June 9, 2021 | by Gerson & Schwartz, P.A.

Miami drivers are well-aware that speeding increases the potential for serious auto collisions, but you may not understand the specific implications until you look closer at some of the underlying factors. Though it impacts the level of damage and severity of injuries, the National Highway Traffic Safety Administration (NHTSA) also points out how speed affects reaction time, which in turn affects your braking time. You might be surprised at the distance a vehicle can travel in the mere moments between identifying a threat and being able to stop.

Regardless of whether you were hurt in a collision based upon speeding or some other form of negligence, it is essential to work with a Miami car accident lawyer who can guide you through the legal process. Some facts about speed and driver reaction time may also be helpful.

Speed affects multiple driving factors.

What Victims Need to Know After a Grubhub Collision in Miami

Published on: June 2, 2021 | by Gerson & Schwartz, P.A.

The mobile app-based food delivery market has expanded considerably over the last five years, but business exploded when pandemic lockdowns limited restaurant options for Miami residents. As restrictions ease, there are still shocking statistics on food delivery apps and services:

In sum, food delivery services of all sizes raked in a total of $26.5 billion in revenue in 2020. By 2025, food delivery apps should reach revenues in excess of $42 billion.
The big four in food delivery apps are Grubhub, DoorDash, Uber Eats, and Postmates.

National Autonomous Vehicle Day is May 31: Weighing Safety Pros and Cons

Published on: May 26, 2021 | by Gerson & Schwartz, P.A.

It seems as if there is a national day dedicated to anything you can imagine, from your favorite foods and activities to raising awareness to important issues. With the innovation and advancements in the area of self-driving cars, you may not be shocked to learn that one of the newest annual events is National Autonomous Vehicle Day, occurring this May 31, 2021. Organizers hope to educate the public on the current state of science and technology on automatic autos, as well as to offer inspiration on what the future holds for self-driving vehicles.

Far from being some space-age invention in the distant future, the evolution of computer-guided vehicles is already well underway. The concept of driverless vehicles is certainly controversial because of concerns about safety and the legal implications for auto collisions. It is wise to retain a Miami car accidents lawyer if you were hurt, but you might also be interested to know some pros and cons about autonomous vehicles.

Risks and Dangers Involved with Self-Driving Cars

Four Rules to Follow Before You Can Retain a Miami Car Accident Attorney

Published on: May 21, 2021 | by Gerson & Schwartz, P.A.

While car accidents are a serious problem throughout the state, statistics show that South Florida is one of the most dangerous regions for fatal and injury-causing collisions. According to the Crash Dashboard operated by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 106,000 total crashes in Miami-Dade and Broward Counties every year. Around 500 individuals are killed, while almost 55,400 victims suffer injuries in these incidents.

If you were hurt or lost a loved one in an auto accident, you know that it is important to retain legal representation to assist with your options for relief. However, there may be some lag time as you find the right fit, during which time there are certain issues that affect your claim. As such, there are four rules to follow after a collision but before you have a Miami car accident lawyer to represent you.

Gather as much evidence as possible. If you do not need to leave the scene for medical care, do your best to collect critical proof to support your claim. Your cell phone is an effective tool, so use it to capture images and video of:

Florida’s New Anti-Riot Bill: Surprising Implications for Miami Premises Liability Cases

Published on: May 7, 2021 | by Gerson & Schwartz, P.A.

Amid both fanfare and controversy, a recent anti-riot bill was passed by Florida lawmakers and signed into law on April 19, 2021. NBC Miami News Channel 6 outlined some of the key points of the Combating Public Disorder Act, which aims to crack down on violent, unlawful misconduct stemming from civil unrest. Proponents have argued that the new law protects businesses and supports law enforcement when peaceful protests turn into physical aggression and illegal criminal activity. Opponents contend that the anti-riot law disproportionately affects minorities and amounts to racism, in addition to being a restriction on First Amendment free speech rights.

Regardless of your view of the anti-riot statute in Florida, there are implications that you may not expect if you are pursuing a negligent property owner after being injured. One provision may benefit your claim, while another imposes significant limitations on your legal rights. Your Miami premises liability attorney can describe the implications, but an overview of the anti-riot law may be helpful.

The GOOD: Elimination of a key barrier to civil claims. Government bodies and agencies enjoy sovereign immunity, a legal concept that provides these entities with protection from civil lawsuits. For instance, you typically cannot sue the City of Miami if you slip and fall on municipal property. The anti-riot bill strips sovereign immunity from any government body that interferes with law enforcement in protecting the public during civil unrest. In other words, you could sue Miami if the city defunds the police, and you were subsequently hurt during a riot.

Serious Consequences From Medication Errors

Published on: April 23, 2021 | by Gerson & Schwartz, P.A.

The whole point of taking medications is to treat or relieve a medical condition, so it is unfortunate that the health care providers we trust can commit serious errors. According to a report published by the National Institutes of Health (NIH), an estimated 1.5 million people suffer harm from medication mistakes. Plus, adverse drug events (ADEs) lead to more than 3.5 million physician’s visits, 1 million visits to the emergency room, and 125,000 admissions to the hospital. In all, the society costs hover around $3.5 billion, but the losses to individual patients can be devastating.

If you suffered injuries because of a health care provider’s medication error, it is critical to consult with a Miami medical malpractice lawyer about your legal options. When you review how the specific drug mistakes described below can lead to serious complications, you will understand why.

How Medication Errors Happen

Driver Speed and Injuries in Miami Pedestrian Accidents

Published on: April 9, 2021 | by Gerson & Schwartz, P.A.

One of the most efficient, affordable ways to get around Miami is on foot, but there are risks involved when walking in one of the most dangerous metropolitan areas for pedestrians in the U.S. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), accidents involving people on foot are among the deadliest traffic-related collisions in the state. While pedestrian accidents make up just 2% of the total crashes that occur in Miami-Dade County every year, they are responsible for 30% of the fatalities.

While the lack of a protective metal shell and size differential compared to other vehicles are key factors, one of the most critical indicators of injury severity in pedestrian collisions is vehicle speed. Despite aggressive efforts to enforce the 25 mph speed limit in Downtown Miami, motorists still travel too fast and put all road users at risk. It is important to consult with a Miami pedestrian accidents attorney right away if you were injured, but you might find it useful to understand the role speed plays in these types of accidents.

Relationship Between Speed and Pedestrian Injuries

Many studies have been conducted on how speed affects the severity of trauma in a pedestrian crash, and researchers at AAA formulated their results in terms of percentages. For instance:

What to do After a No-Damage Car Accident in Miami

Published on: December 23, 2020 | by Gerson & Schwartz, P.A.

Car accident statistics compiled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are useful for predicting trends and understanding the causes behind these incidents, putting you in a better position to protect yourself and your family. So far in 2020, there have been 44,731 total crashes in Miami-Dade County, causing 299 fatalities and injuring 21,018 people. For many victims, the process for recovering monetary damages is not complicated. Obvious damage to the vehicles should convince the at-fault driver’s insurance company that the victim’s injuries were severe.

However, you could encounter significant challenges if you were hurt in a crash in which there were no dents, chipped paint, or scrapes. A no-damage collision makes it more difficult to prove the severity and nature of your injuries, potentially leading to a denial of your insurance claim. While you should always work with a Miami car accident lawyer for any traffic crash, it is especially critical to retain legal counsel under such circumstances. The following information reveals the reasons why.

The Role of Evidence in an Auto Crash Claim

How Florida Premises Liability Laws Apply to Miami Convenience Stores

Published on: December 18, 2020 | by Gerson & Schwartz, P.A.

While it may not be a place where you shop often, there is a good chance that you visit a South Florida convenience store from time to time for gas, a quick snack, lottery tickets, or other basics. Unfortunately, these spots can be a target for various forms of criminal activity. The 24×7 hours, limited number of employees, availability of cash, and other factors can make these stores dangerous for customers. If you are familiar with basic laws regarding premises liability, you may know that it is possible to pursue a convenience store owner for monetary damages under the theory of negligent security.

However, what you do not know is that Florida law has carved out an exception for property owners when their premises constitute a convenience store under the statutory definition. Your Miami premises liability attorney can explain the details and assist with your case, but some information on the legal issues may be helpful.

Overview of Premises Liability and Negligent Security