Miami premises liability attorneys

Who is Liable for Accidents at Resort Beaches in Florida?

Published on: August 30, 2024 | by Gerson & Schwartz, P.A.

The reasons for the nickname “Sunshine State” are obvious, since the beautiful resort beaches of Florida attract visitors from around the world seeking relaxation and enjoyment. A publication on Florida’s Hotel Industry, By the Numbers, includes a snapshot regarding hotels, resorts, and vacation clubs. The statistics reveal that there are almost 4,500 properties in the state and counting, with new developments monthly. These resorts offer around 483,000 guestrooms to visitors.

However, accidents at resort beaches can happen, turning a dream vacation into a nightmare. If you or a loved one was injured at a hotel beach in Florida, you may wonder about liability. Determining which parties are responsible for accidents is crucial for your legal claim. A Miami resort accident lawyer will explain how liability works, but you may benefit from reviewing some key factors.

1. Resort Legal Duties

What Type of Case is a Slip and Fall in Florida?

Published on: July 5, 2024 | by Gerson & Schwartz, P.A.

For many Florida residents, the notion of pursuing an at-fault party for injuries is typically something associated with traffic accidents. You might be surprised to learn that slip and fall incidents actually claim the lives of more victims annually. According to the US Centers for Disease Control and Prevention (CDC), unintentional falls cause around 44,630 deaths every year, while 44,534 victims are killed in motor vehicle crashes. With both types of accidents, the losses for victims can be significant.

Fortunately, the laws that apply to auto collisions also provide rights for victims of slip and falls because both are personal injury claims under Florida law. You have legal remedies, so it is important to discuss them with a Miami slip and fall accidents attorney. Some answers to frequently asked questions are also useful.

What is the legal basis for a slip and fall?

Defenses Property Owners Use to Defeat Accident Claims in Florida

Published on: May 10, 2024 | by Gerson & Schwartz, P.A.

You are in charge of your own safety when at home, but there are risks all around you when you step outside your door because not all property owners are as diligent. It is not surprising to learn that traffic collisions are among the top causes of injuries in the US, according to the National Security Council (NSC), but the incidence of falls may be shocking. Slip and fall accidents are the third leading cause of fatalities in the nation, and they are the #1 cause of death in 5 US states. Many of these incidents occur because of dangerous conditions on property, such as restaurants, parks, attractions, stores, parking lots, apartment complexes, office buildings, and many more.

Florida property owners have a duty to maintain a safe space under Florida law, so they can be held accountable when a victim is injured. Still, defendants will attempt to shirk their responsibility by raising defenses to the claim. It is important to get help from a Miami premises liability attorney for assistance with overcoming the crucial defenses.

Posted Warning Signs

Slip and Fall Accidents Can Cause Serious Injury

Published on: February 9, 2024 | by Gerson & Schwartz, P.A.

Slip and fall accidents are a ubiquitous part of childhood, but when was the last time you suffered an accidental fall as an adult? People tend to think that anyone between the ages of 13 and 65 who gets injured in an accidental fall must be unusually careless or unlucky. In the silent film era, Buster Keaton made a career of the unexpectedness of seeing adults fall down.

When an apparently healthy adult suffers an accidental fall at a place of business, the cynical voices of the blogosphere and the social media platform formerly known as Twitter will start to speculate that the person is faking it and is just trying to cash in on a premises liability claim. Consider Slippin’ Jimmy from Better Call Saul.

Unfortunately, businesses, which are legally responsible for preventable accidental injuries that occur on their premises, are all too willing to capitalize on the lack of public sympathy for victims of accidental falls and to use this to bully you into accepting a premises liability settlement that does not cover the full cost of your accident-related medical bills. For help getting a sufficient settlement amount for your premises liability claim, contact a Miami premises liability lawyer.

Spinal Injuries in Florida Slip and Fall Accidents

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

A slip and fall accident could affect any part of the body, whether the injury comes from striking a hard surface, attempting to break the fall, or trying to mitigate harm. Because of the role the spine plays in terms of providing stability, mobility, and flexibility, a victim will often suffer injuries to the spinal cord. The National Spinal Cord Injury Statistical Center (NSCISC) reports that falls rank second for causing trauma to the spinal cord, while auto crashes top the list. Slip and fall incidents are responsible for 32.2% of all spinal cord injuries.

If you sustained trauma to the spinal cord, the implications could be extremely serious. You do have legal remedies, such as pursuing a negligent property owner for not maintaining the premises. A Miami slip and fall accidents attorney will assist with recovering monetary damages for your losses, but you can check out some basics about spinal cord injuries.

Types of Spinal Cord Injuries

Trampoline Accidents

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

Whether you are young or old is not defined as much by how many years you have been on the Earth but rather by whether you regard jumping on a trampoline as fun or scary. Sure, it is fine if exactly the right part of your body lands on exactly the right part of the trampoline at exactly the right time, but what are the chances of that happening? If you think a trampoline presents a lot of opportunities for sustaining a serious injury, imagine a whole building the size of a big box retail store with enormous trampolines above hard, concrete floors. Behold the trampoline park, a site of catastrophic injuries waiting to happen, even when guests are not ziplining above the concrete floor at an even higher altitude than the trampoline would take them. All “jump at your own risk” signs aside, premises liability laws protect customers injured in preventable injuries at trampoline parks. If you have suffered serious injuries as a result of an accident involving a trampoline, contact a Miami premises liability lawyer.

Your Rights if You Get Injured at a Trampoline Park

Premises liability laws in Florida offer strong protections to paying customers who get injured in preventable accidents at places of business, including recreational facilities where visitors pay admission, such as trampoline parks. Trampoline parks usually set up their trampolines with safety nets as walls to prevent guests from falling off, and they often have partitions made of soft material to help guests stay a safe distance apart, but despite this, accidents where guests collide with each other or land on the trampoline in a bad position can cause serious injuries, including bone fractures and concussions.

Is Algae a Valid Reason to Sue?

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

Floridians have a healthy fear of algae. If you have ever owned a swimming pool, you have spent considerable effort trying to stop the slimy green stuff from forming on the surface of the pool. You shock your pool several times a week with hefty doses of chlorine and acid, and you test the levels of pool chemicals every day. Despite your efforts to keep algae at bay, you must admit that it is an essential part of Florida’s natural beauty when it grows on tree trunks or logs or when it floats on the surface of the water, providing the perfect camouflage for alligators. Most of us think of algae as an annoying eyesore rather than a genuine health hazard. Algae can contribute to accidents that result in serious injury. If you got injured because a property owner failed to remove algae from their property, contact a Miami premises liability lawyer.

How Dangerous Is Algae Growing on Surfaces?

Premises liability laws enable customers and invited guests to seek damages from the property owner if they get injured in a preventable accident on the owner’s property. Accidents where the plaintiff fell on a slippery surface and got injured account for a large percentage of premises liability cases.

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

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

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