Miami Personal Injury Lawyer Blog

New Law Limits Liability for Florida Apartment Complex Owners

Published on: September 22, 2023 | by Gerson & Schwartz, P.A.

Many Miami residents choose to rent their residences, taking advantage of the fact that the landlord handles maintenance, common areas, amenities, and other tasks. You have expectations of safety in the place that you call home, so security is at the top of the list when you consider landlord responsibilities. Proper security measures, including locks, lighting, and cameras, are critical in an urban area like Miami, where criminal activity occurs.

Until recently, residents have been able to hold landlords accountable for injuries from criminal attacks under the concept of premises liability. When the property owner is negligent with security, victims can seek monetary damages for their losses. A new law imposes some limitations on this theory of liability, so you should be aware of how it affects your rights. A Miami premises liability lawyer can assist with the legal process, but you can read on for an overview.

How the Law Works

Liability for Catastrophic Cheerleading Injuries in Miami

Published on: September 15, 2023 | by Gerson & Schwartz, P.A.

Cheerleading has become an exciting, thrilling sport for children of all ages, and it is no longer the simple leaps, high kicks, and shaking pompons in support of the team. Members of the squad are being tossed 25+ feet in the air, executing complicated aerial gymnastics as they fly. It is no wonder that cheerleading accidents are common, but data from the National Institutes of Health (NIH) is surprising. Around 35,000 cheerleaders present to emergency rooms every year, and cheerleading injuries represent more than half of all catastrophic injuries among female athletes. In fact, the rate of catastrophic injuries among cheerleaders exceeds injuries to male football players.

If you or your child was hurt in a cheerleading accident, you may wonder about your rights under Florida personal injury laws. Victims do have remedies, so it is critical to pursue them to ensure rightful compensation. You should make it a priority to retain a Miami catastrophic injuries attorney for assistance, but some information on the risks and liability for cheerleading accidents is useful.

Types of Catastrophic Injuries from Cheerleading Accidents

Peloton Sued for Man’s Death While Using Popular Bicycle

Published on: September 8, 2023 | by Gerson & Schwartz, P.A.

Many people do not realize how dangerous exercise equipment can be, but another incident involving a Peloton device has resulted in legal action for wrongful death. CBS News Miami reported that a mother filed a lawsuit for her son, whom she claims was killed by a defective, dangerous Peloton exercise bicycle. The complaint alleges that the victim was following along with an online “core” workout, which required him to get off the bike for floor exercises. As he was dismounting the bicycle, it spun around and struck his neck and face. He died because the machine severed his carotid artery, killing him instantly.

The basis of the lawsuit is product liability, in which a manufacturer can be held accountable for putting dangerously defective items into the homes of consumers. There is a specific type of claim in this case, and it is possible that Peloton could defend the allegations. A Miami products liability attorney can assist with your case if you were injured, but a look at the recent lawsuit is informative.

Product Liability for Failure to Warn

Major Updates in Camp Lejeune Claims Offers Elective Option

Published on: September 1, 2023 | by Gerson & Schwartz, P.A.

If you have filed or are considering filing a claim as a victim of water contamination in Camp Lejeune, you might already realize that the litigation is moving along at a snail’s pace. The Camp Lejeune Justice Act was passed in August 2022, authorizing members of the military to seek damages after developing cancers and other medical disorders due to exposure to contaminated groundwater. To date, no claims have been resolved. However, the US Department of Justice (DOJ) recently announced the availability of the Elective Option, which could get eligible victims paid quickly.

The Elective Option is a positive development as far as expediting compensation, but it may not be the best option for everyone. There are still many unknowns, and you may not receive the monetary damages you deserve. It is wise to consult with a Miami Camp Lejeune claims lawyer for details on the Elective Option and read on for an overview.

How the Elective Option Works

Parents: Tell Teens What to Do After a Miami Car Accident

Published on: August 25, 2023 | by Gerson & Schwartz, P.A.

Parents and the public in general spend a lot of time explaining safety rules for teen drivers, warning them about hazards, avoiding texting, and encouraging them to get experience. What they do not mention in these awareness campaigns is what to do after a car accident happens. According to the Florida Teen Safe Driving Coalition, there are more than 800,000 registered drivers in the state aged 15 to 19 years old. On average, these motorists cause around 84,000 traffic crashes, resulting in 350 fatalities. The highest collision rates in Florida are in the 18 to 19 age group, while nationally the age is 16 to 17.

These statistics are horrifying for parents, but there is the aftermath of the crash to consider when you are not present. Your child is hurting, confused, and overwhelmed by the chaos. You no doubt have stressed all the safety recommendations and implemented rules to avoid them, but you must also prepare teen drivers for what to do after a Miami car accident.

Dial 911

Employer Liability for Truck Accidents in Florida

Published on: August 18, 2023 | by Gerson & Schwartz, P.A.

Truck accidents thankfully make up a small number of the total motor vehicle crashes that occur on Florida roads every year, but statistics show that they are still massive in their devastation. The Federal Motor Carrier Safety Administration (FMCSA) reports that there are more than 10,300 crashes involving semis, 18-wheelers, tractor-trailers, and other large commercial trucks every year statewide. Around 350 people are killed, while another 5,300 victims suffer injuries ranging from minor to catastrophic.

You may be aware that you have rights under Florida law, and the most logical party to hold accountable is the truck driver who caused the accident. However, a trucking company or other employer may also play a key role in terms of putting a safe truck and operator on the road. Failures with these responsibilities could also cause a truck crash, even when the employer is miles away from the collision. Your Miami truck accident lawyer will explain reasons to pursue the company as a potential party because it may be liable for the following.

Negligent Operations

How Long Do I Have to Sue After a Miami Car Accident?

Published on: August 11, 2023 | by Gerson & Schwartz, P.A.

South Florida is one of the most dangerous regions of the state to drive in, and statistics prove the risks. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 128,000 total traffic crashes in Miami-Dade, Broward, and Palm Beach Counties every year. Around 800 people lose their lives and 67,400 victims are injured in these incidents. They suffer massive losses because motorists do not exercise care behind the wheel.

Fortunately, state law provides you with remedies if you were hurt or lost a loved one in a crash. As with all personal injury cases, there is a statute of limitations to keep in mind. Florida recently enacted tort reforms that affect your deadlines, so you should rely on a Miami car accident lawyer to assist with your claim. An overview of the legal process and timing issues is also useful.

Florida’s Traffic Crash Statute of Limitations

The Big Three Misdiagnosed Conditions in Florida Medical Malpractice Cases

Published on: August 4, 2023 | by Gerson & Schwartz, P.A.

Doctors are not perfect, but you still expect that their education, training, and experience will lead to quality patient care in diagnosing medical conditions. The statistics reported by Agency for Healthcare Research and Quality (AHRQ) are disturbing, with missed or delayed diagnoses comprising 21% of all medical malpractice claims. These figures do not include misdiagnosis instances where there was no adverse event or harm to the patient. The numbers are much higher and should not be disregarded, as they still constitute serious mistakes.

Researchers have found through their analysis that there are three medical conditions that are wrongly diagnosed at higher rates than others. These are relatively common ailments, so you should become familiar with the risks. Mistakes may constitute medical malpractice, and a Miami diagnostic errors attorney can assist with your claim. Some information on the top misdiagnosed conditions is also helpful.

Big Three Conditions Most Frequently Misdiagnosed

Steps to Take if You Suspect Your Child Has a Concussion

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

Children are physically active, play hard, and participate in sports, often not realizing the risk of serious injuries. Unfortunately, kids often do not appreciate the fact that they suffered a head injury. Parents must be vigilant, as there can be serious medical implications when a child’s developing brain suffers trauma. Experts at the US Centers for Disease Control and Prevention (CDC) warn that concussion can disrupt a child’s development and limit their ability to participate in recreational activities, important parts of becoming an adult.

As the parent of a young child or one that tends to ignore injuries, it is up to you to take action when you suspect a concussion. Your To-Do’s center on your child’s health and well-being, but there are some tasks that are necessary to protect your legal rights under Florida law. You can trust a Miami child injuries lawyer to handle the process, and keep in mind the following steps:

Look for Symptoms of Concussion

Scenic, Safe Routes for E-Scooters in Miami

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

E-scooter-sharing services are popular as a way to get around for work and errands, and statistics from recent years are proof. According to the Governors Highway Safety Association (GSHA), there were 52 million e-scooter trips in 2021 – up more than 50% from the previous year. These vehicles are affordable to rent, easy to park, and convenient in highly congested urban areas like Miami. Plus, they are also a fun way to see the city’s sights, attractions, and neighborhoods. It is true that you can ride your bike, but using an e-scooter is cooler and more enjoyable in the tropical climate of South Florida.

However, e-scooters are not permitted in all areas of Miami. The nature of the sharing services has made it necessary for officials to limit where you can ride for the safety of all road users. However, there are still plenty of routes that are both scenic and safe so that you can avoid the risks of e-scooter accidents in Miami. Check out the following when you are up for a ride.

1. Ocean Drive: If you want to experience city action on one side and gorgeous beach views on the other, head to South Beach and ride along Ocean Drive. There are designated bike lanes that are accessible to e-scooters and several parks along the route for a quick stop to rehydrate. If you want a longer rest, countless restaurants and bars line the length of Ocean Drive.