Personal Injury

January 6, 2017

Ft. Lauderdale Airport Shooting. Was this preventable? Is Canadian Airlines Legally Responsible?

South Florida’s worst nightmare became a reality shortly after 1 pm January 6, 2017. According to reports, at least 5 people were killed and 8 others were seriously injured after a gunmen opened fire shooting innocent bystanders in Terminal 2 at the Fort Lauderdale airport. Early news reports state that a 20 year old passenger on board a flight from Alaska to Florida had the firearm in his checked luggage. When he arrived to the airport, he was able to retrieve the firearm and then started opening fire. The suspect was apprehended and has been identified as Esteban Santiago. It is unknown what motive played a role.

According to TSA regulations, passengers can transport firearms in a hard locked container. However, the hard containers need to be secured and or locked and the firearm must be declared prior to boarding. Whether or not Santiago was lawfully permitted to own or possess the firearm is unknown. So is whether or not he did in fact check the firearm consistent with TSA regulations on this flight. Obviously, this will all need to be carefully reviewed and investigated.

Personal injury lawyers with experience handling negligent security claims will likely want to know if all of the proper safety and security procedures were followed. If not, this may create legal liability on behalf of the airlines or potential other third parties. It’s still too early to tell what if any negligence may have played a role in this tragedy and if this tragic event could have been prevented, according to the personal injury and crime victims lawyers at Gerson & Schwartz, PA. www.injuryattorneyfla.com (877) 475-2905.

December 6, 2016

Miami Construction Accident Attorneys Discuss Scaffold Safety

by Gerson & Schwartz, P.A.

A recent deadly scaffold collapse in Miami reminds construction companies to use caution when erecting and utilizing scaffolding on construction sites. Construction companies use scaffolding frequently. The apparatus is more stable than a ladder and allows workers to move about more freely without worrying too much about losing their balance. However, scaffolding can create a false sense of security on behalf of those employees using it. Considerable attention must be paid to the safety requirements of scaffolds. Failure to do so can result in serious injury and death from collapsing equipment. A construction company may be held liable for the injuries suffered by workers from scaffolding failures. Miami construction accident attorneys with decades of experience will fight to hold construction companies responsible for your injuries or your loved one’s death caused by scaffold collapses.

The recent deadly collapse occurred in Miami in mid-October of 2016. Construction workers set up scaffolding on the outside of a high-rise building. Without warning, the scaffolding failed. The collapsing scaffold cast debris in all directions injuring workers and passers-by alike. The person killed as a result of the collapse died from a heart attack as a result of fleeing from the falling structure. The debris crashed down on a worker’s head who, despite wearing a helmet, suffered a severe laceration to his head. The cause of the accident remains under investigation by the Occupation Safety and Health Administration (OSHA).

OSHA’s primary function is to protect workers from unsafe or unhealthy working conditions. Accordingly, OSHA issued safety standards for scaffolding use. The safety standards impose an obligation on employer and employee alike to make sure that they are using scaffolding appropriately and safely while on the job. The security requirements may seem so obvious that they need not be stated. Notwithstanding, scrupulous adherence to the rules can save lives and prevent injuries.

November 28, 2016

Medicare Fraud Indictment Proves Elders Are Abused In Nursing Homes

by Gerson & Schwartz, P.A.

According to CNBC, the United States Department of Justice (DOJ) uncovered a $1 Billion scheme to defraud Medicare and Medicaid. As a consequence of this investigation the owner of more than 30 Miami-area nursing homes, Philip Esformes, was indicted by a federal grand jury in July of 2016. The DOJ also accused a physician’s assistant and hospital administrator for their role in stealing and laundering money from the federal government since 2009. The depth and breadth of the fraudulent scheme shows how elders and the infirm are at the mercy of unscrupulous health care providers. Miami personal injury attorneys who have experience recovering damages for injuries and abuse in nursing homes will fight to protect your loved one in a nursing home or long-term care facility.

The DOJ alleges that Esformes, with assistance from the other individuals involved, bilked the faltering health care system to fund a ridiculously lavish lifestyle. All at the expense of some of our most vulnerable people in our community: the elderly and the poor. Prosecutors alleged that Esformes subjected his residents to unnecessary medical treatments so that he could bill Medicare for the treatment. Additionally, and perhaps most egregiously, Esformes allegedly drugged some of his patients with prescription narcotics. The over prescription of narcotics renders the patient incapable of weaning themselves off of the drug. As a result, the patient remained bound to the facility because they were addicted to the painkilling drugs. Prosecutors referred to this abuse as a “cycle of fraud.”

Local law enforcement authorities are aware of the problem. The United States Attorney for the Southern District of Florida, which represents the Miami-area, indicated that the South Florida area is replete with Medicare and Medicaid fraud. Consequently, law enforcement is paying close attention to facilities in the hopes of preventing this type of wide-spread fraud in the future.

November 1, 2016

Exploding Cell Phones: What to Do When Your Smartphone Causes Injuries

by Gerson & Schwartz, P.A.

When we think about our smartphones, we think about devices that can potentially save our lives: we use them to call 911 after an accident, to let others know of our locations, and we even store our medical information in them to let others know of any allergies or health conditions we have. However, what if your phone causes you injury? Recently, it was discovered that the Samsung Galaxy Note 7 phone would catch on fire—in fact, it would even reportedly explode—due to a malfunction with the battery. In these cases, Miami personal injury attorneys could sue the cell phone manufacturer, or any one in the stream of commerce on behalf of injured victims in a products liability lawsuit.

One Florida man has already filed suit against Samsung. The plaintiff, Jonathan Strobel, was shopping in Costco when his Galaxy Note 7 exploded, causing a second-degree burn. Strobel is seeking compensation for medical bills, pain and suffering, lost wages, and other damages. And in fact, the number of lawsuits may grow. So far, Samsung has received 92 reports of issues caused by the batteries. Twenty-six users have reported burns, and 55 have reported property damage. As more reports trickle in, Samsung may have a number of claims to defend. Miami products liability attorneys file claims making at least one of the following allegations: that a product’s design was flawed, that it was manufactured improperly, or that it failed to properly warn consumers of the potential risks of using it. In a defective design case, a plaintiff argues that the design of the product itself caused the harm. For example, in the Galaxy Note 7 example, if the materials in the battery made it overheat and eventually ignite, the issue was in the design of the battery.

If the manufacturing of the product was the problem with the Galaxy Note 7, parties will argue that an issue in the factory caused the batteries to catch on fire. Perhaps the wrong materials were used by mistake in a certain batch of phones, which led to the overheating. If inadequate warnings were the issue, plaintiffs will allege that Samsung did not provide proper warnings about the risk of the batteries overheating and the phones igniting, if the company was aware that this was a possibility.

September 26, 2016

Distracted Driving a Leading Cause of Accidents in Florida

by Gerson & Schwartz, P.A.

In today’s society, almost every driver has a cell phone. Whereas cell phones are often a lifesaver after an accident, or when a driver is stranded, they also pose a dangerous threat to motorists in the state of Florida. In 2015, approximately 45,740 accidents in Florida were attributed to distracted driving. About 24,560 of these crashes resulted in injuries, and, tragically, 198 resulted in fatalities. Nearly 200 individuals lost their lives in 2015 in Florida because a driver failed to pay attention to the road. Distracted driving accidents are on the rise and unfortunately will likely continue in the near future.

There are three categories of distractions on the road:

Visual, or taking one’s eyes off of the road;

September 20, 2016

Recovering for Slip and Fall Injuries in Florida

by Gerson & Schwartz, P.A.

Recovering for Slip and Fall Injuries in Florida

Slip and fall personal injury cases are included in premises liability personal injury claims in Florida. In a slip and fall case, injury victim needs to establish that he or she was lawfully on the premises and slipped and fell because the property of a dangerous condition on the premises. Negligence can be established by the showing that the Defendant property owner either created the dangerous condition, or that the dangerous condition existed on the premises for a sufficient length of time that the property owner either knew or should have known of the condition but failed to act in time to warn, or to correct the hazard. Under Florida law, slip and fall accidents and premises liability laws are found under Florida Statutes Section 768.0755, also known as “Premises liability for transitory foreign substances in a business establishment. Under Florida law, slip and fall accidents usually arise from a wet, foreign or transient substances. These types of slip and fall injury claims are commonly filed against grocery stores, department stores, and other common areas in shopping centers, and other retail establishments.

In a slip and fall case, the accident victims must show that the property owner or operator had “notice” of the condition that caused the victim injury. And that that the owner or operator failed to act on this knowledge in a reasonable manner. Because the hazardous condition was not remedied, the victim fell and suffered injury. Consider a case where a woman is grocery shopping. She does not see a puddle of water on the floor. She slips in the puddle and falls, breaking her hip. After reviewing security footage and interviewing employees, it is determined that the water was on the floor for 30 minutes before the woman fell. In this situation, one can argue that the store had notice of the spill because they should have known of the condition and did not discover it in time or take action to warn or clean it up. Therefore, the store would likely be liable for the woman’s injuries.

August 12, 2016

A Brief Overview of Personal Injury Law

by Gerson & Schwartz, P.A.

The term “personal injury” usually brings to mind car accidents, but this broad legal term is associated with a number of different injuries resulting from any type of negligence. Medical devices that are defective, negligence on the road or in a long-term care facility, and even improper instructions on how to handle dangerous chemicals could come into play in personal injury cases.

If you or a loved one have experienced a personal injury or wrongful death related to any type of negligence, you may want to find an attorney that can help you obtain the compensation you and your family deserves. The Miami personal injury lawyers at Gerson & Schwartz, PA provide FREE initial consultations to discuss cases involving such accidents. Simply call (305) 371-6000 or toll free at (877) 475-2905. You can also contact us online at info@gslawusa.com.

The Role of the Plaintiff in Personal Injury Lawsuits

July 29, 2016

Cyclist Awarded Over $33,000 Following Road Accident

by Gerson & Schwartz, P.A.

Bicycle injuries are common across the world, and despite regulations and rules regarding bike safety, it does not appear that accidents have lessened. A recent case in Ireland is an example of how a cyclist can fight for his or her rights and obtain the compensation deserved following an accident. While not all cyclists have a case, if a bicycle accident was caused by another motorist, it may be wise to consider some type of personal injury lawsuit. This could help cover medical fees along with any other expenses related to the accident.

If you or a loved one have experienced a personal injury related to a biking accident, you may wish to seek an attorney that will help you obtain the compensation you deserve. The Miami personal injury lawyers at Gerson & Schwartz, PA provides a FREE initial consultation to discuss your case. Simply call (305) 371-6000 or toll free at (877) 475-2905. You can also contact us online at info@gslawusa.com.

Injured Cyclist Awarded Over $33,000

July 22, 2016

The Rise of Pokémon Go and Personal Injury Cases

by Gerson & Schwartz, P.A.

Pokémon Go has taken the gaming world by storm, with the app launching in over 30 countries within a matter of weeks. Players of this game are constantly focused on their phones, which may possibly increase the number of personal injury cases the become involved in. For example, some people who have played the game have caused car accidents, and it is only a matter of time before these accidents become more frequent and severe. Hopefully, developers of the game can find new ways of encouraging game players to become more cautious during live game play.

If you or a loved one have experienced a personal injury, regardless of the cause, it is imperative that you hire an attorney for your case. The Miami personal injury lawyers at Gerson & Schwartz, PA have the experience and skills needed for your case. For a FREE initial consultation, call (305) 371-6000 or toll free at (877) 475-2905. You can also contact us online at info@gslawusa.com.

Pokémon Go: All Fun and Games Until Someone Gets Hurt

July 15, 2016

Self-Driving Cars: Safe or Risky?

by Gerson & Schwartz, P.A.

Self-driving cars are notably convenient and exciting, but the technology behind them has been increasingly associated with personal injury, one case having recently been fatal. According to reports, the family of a man who died while driving a car with its Autopilot function turned on is suing the manufacturer in an effort to not only receive damages but to also force the industry to make smarter decisions when designing and testing new automobile technology.

If you or a family member has suffered an injury while driving a car and are seeking damages, you will need an experienced attorney to assist you with your case. The Miami personal injury lawyers at Gerson & Schwartz, PA will work with you to help you achieve the reward you deserve. Call us at (877) 475-2905.

Self-Driving Cars and Fatalities