Personal Injury

July 8, 2016

The Link Between Chemical Companies and Personal Injury

Chemical company DuPont is frequently in the news for the negative health and environmental consequences posed by its products. Even its facilities, both operating and defunct, have been linked to possible health concerns, personal injury, and wrongful death in the public. While many chemical companies refuse to own up to their mistakes, many victims are able to take them to court to obtain the damages they rightfully deserve.

If you or a family member has suffered a personal injury or death as a result of possible pollution or chemical exposure, you will need an experienced lawyer to assist you with your case if you decide to seek damages. The Miami personal injury lawyers at Gerson & Schwartz, PA work with you to help you design a case that is geared toward achieving the end result you want. Call us at (877) 475-2905.

Chemical Company’s Effect on Environment and Health

July 1, 2016

Travel Agent Fraudulently Sold Cruise Vouchers

by Gerson & Schwartz, P.A.

Fraud and related scams cost Americans around $1.6 billion dollars last year. In 2013, there were in excess of two millions reported cases of fraud. Fraud is also common in Florida. Per the Federal Trade Commission (“FTC”), Florida leads the nation with around 1,000 total complaints per 100,000 people.

Recently, detectives of the Economic Crimes Unit arrested a travel agent, Janet Bender, for seven counts of grand theft. She allegedly sold fraudulent cruise vouchers to customers. Said customers first reported the fraudulent activity in March of 2016. The customers bought their vouchers for a cruise with a stateroom. They paid between $200 and $500 for each voucher. Bender’s customers were requested to pay for the fraudulent vouchers with cash or checks. The customers would then attempt to use their vouchers only to discover that Bender never scheduled their vacations. Bender was arrested at her home and charged with seven counts of grand theft. To date, detectives have identified more than nine victims.

If you, or a loved one, are a victim of a crime in Florida, or on a cruise ship, it is imperative that you hire an experienced attorney for your case. The Miami lawyers at Gerson & Schwartz, PA have the experience and skill needed for your case. Contact our attorneys today at 305-371-6000 or via email at info@gslawusa.com to schedule a FREE consultation.

May 13, 2016

Injuries at the Gym

by Gerson & Schwartz, P.A.

Gym memberships have significantly increased in number over the years. In the United States, there are currently 50 million individuals with gym memberships. With the steady increase in the amounts of people flocking to the gym over the years comes the increased risk of gym related injuries. Sometimes the injury is the fault of the gym owner, manager, or even a personal trainer.

If you or a loved one sustains an injury at the fault of another person, it is imperative to retain an experienced attorney. The Miami personal injury lawyers at Gerson & Schwartz, PA are here to help. Our attorneys represent accident victims and their families throughout Miami Dade, Miami Beach, The Florida Keys, Fort Lauderdale, Broward, and West Palm Beach.

The Inherent Risk of Injury and Related Laws

April 29, 2016

Bounce Houses Taking Flight

by Gerson & Schwartz, P.A.

Recently, on the beach of Fort Lauderdale, Florida, a young boy was playing in a bounce house when, all of a sudden, 85 miles per hour wind gusts triggered the bounce house to take flight causing the young boy to fall about 20 feet to the sand, breaking his arm. His parents filed a lawsuit against the city and the vendor, All Star Events, for damages. Said lawsuit alleges All Star Events was negligent in the way it assembled and secured the bounce house, failed to warn of the risks, failed to monitor the weather, and its failure to train personnel for emergencies, and other claims. The boy’s parents argue that All Star Events breached its duty of providing a safe environment for guests.

If you or a loved one sustained an injury at the fault of another person, it is imperative that you seek legal representation. Doing so will increase your chances of adequate compensation. The experienced Miami personal injury attorneys at Gerson & Schwartz, PA are here for you. Our attorneys have been representing accident victims and their families throughout Miami, Fort Lauderdale and other parts of South Florida for more than 43 years.

Statute of Limitations

April 25, 2016

Club Extacy Strip Club Shooting; Negligent Security Claim should be investigated says leading Miami Personal Injury Law Firm, Gerson and Schwartz, PA

by Gerson & Schwartz, P.A.

A Miami strip club turned into a deadly crime scene after shots were fired in a parking lot of Club Extacy Gentleman’s club located at 728 NW 79th St in Miami, Florida. According to reports, at least two people were struck by the gun fire. One person was fatally wounded and the other, one Courtney Yarborough was rushed to Jackson Memorial hospital in critical condition. Leading Miami Personal injury lawyers at Gerson & Schwartz, PA are looking into the details about the case because the firm specializes representing crime victims and family members of crime victims for the criminal acts of third parties. The firms has represented numerous victims of violence including victims seriously injured at night clubs and other commercial businesses throughout Miami-Dade and Broward Counties.

Regardless of whether or not there is an arrest, there may be a negligent security claim pursued on behalf of the victims family members. Under Florida law, property owners have a legal obligation to maintain their premises in a reasonably safe condition. Property owners and landlords must provide reasonable safety and security measures for the protection of their guests, and tenants. What is reasonable under the circumstances will depend on a number of factors such as whether or not there was a history of violence on this property. The fact that this incident occurred in a strip club may imply that private security guards and detailed security patrol procedures were necessary in order to provide a safe premises.What the security plan or procedures in existence remain unclear. However, it appears that this not the first time there has been the potential for violence on the premises before this past weekend.

Under Florida law, property owners and business operators, such as the club Extacy operators may be liable if they fail to undertake reasonable security measures. In this case, it appears that a fight may have begun inside the club earlier that evening and was what initiated some of the violence. There are multiple legal theories of legal liability to hold others financially accountable for what transpired. Gerson & Schwartz, PA has over 45 years representing injury victims and their families. For more information, contact Gerson & Schwartz, PA today at 305-371-6000 or email info@gslawusa.com

April 22, 2016

Social Guests and Premises Liability in Florida

by Gerson & Schwartz, P.A.

Whether it is at July 4th parties, graduation parties, summer parties, or parties in general, if you live in Florida, please beware that you may be held liable if someone is injured on your property. A social guest, if injured in your house, may sue you if he or she is injured due to your lack of reasonable care. Though this concept may seem complex at first, this post aims at clarifying Florida’s premises law.

If you or a loved one are injured on the property of another, you may be entitled to substantial compensation. To increase your chances of compensation, it is imperative that you hire an attorney for your case. The Miami personal injury at Gerson & Schwartz PA lawyers are here to help. Our lawyers have provided high quality legal representation to injured people in Florida for over 40 years. We are dedicated to protecting our clients’ rights and helping them get back on their feet. For a FREE consultation, call (305) 371-6000 or contact us online.

Florida’s Premises Liability Laws

April 15, 2016

Florida’s Dram Shop Law

by Gerson & Schwartz, P.A.

If you are a bartender, or if you own a bar, there is an important law that you should be aware of: Florida’s dram shop law. This law was recently argued in a Florida court following a fatal car accident. Terry Dinkins of Water Park, the owner of Acme Comic Superstore, caused said accident. The night of the accident he visited a bar for an event hosted by Acme. He then drove away from the bar with a blood-alcohol level of 0.20, and began driving in the wrong direction down State Road 436. Mr Dinkins then collided head-on with a gray Nissan. Sylvia Barajas and Brandi Cole, passengers of the Nissan, were killed on impact. Three civil lawsuits followed, one being against the bar. This lawsuit alleges that the bar was negligent under Florida’s dram shop law. This post will define Florida’s dram shop law and hopefully provide some clarity.

How the Dram Shop Law Works in Florida

Upfront, various states have dram shop laws that allow injured people to seek compensation from a third party, such as a bar or a host at a social gathering, if that third party provided alcohol to someone who then caused an alcohol related accident. Florida’s dram shop law differs from other states’ dram shop laws. In Florida, per Florida Statute Section 768.125, if an individual willfully and unlawfully provides alcohol to a minor under 21 years of age or knowingly provides alcohol to a person habitually addicted to alcohol, that person, or bar, may be held liable for any injuries caused by the minor or the person who is habitually addicted.

April 8, 2016

Pedestrian Accidents

by Gerson & Schwartz, P.A.

The weather is drastically warming as we approach the summer. At the same time, more and more people are spending time enjoying outdoor activities. With this, it is important to take caution as accidents, sometimes fatal accidents, can occur when least expected. Recently, in Winter Park, Florida, a van slammed into a man who was walking down a sidewalk near the intersection of 436 and Aloma Avenue. The van knocked the man to the ground and kept rolling until it slammed into a sign and then a fire hydrant. The van then flipped over onto its roof. One witness reports that the victim saved his girlfriend from being hit by pushing her out of the way. The victim suffered from a broken leg and a head injury.

If you or someone you love has suffered injury at the fault of another person, you may be entitled to substantial compensation. To increase your chances of compensation, it is imperative that you hire an attorney for your case. The Miami personal injury at Gerson & Schwartz PA lawyers are here to help. Our lawyers have provided high quality legal representation to injured people in Florida for over 40 years. We are dedicated to protecting our clients’ rights and helping them get back on their feet. For a FREE consultation, call (305) 371-6000 or contact us online.

Florida’s Relevant Law

April 1, 2016

Baseball Games and Assumption of Risk

by Gerson & Schwartz, P.A.

Play ball! The weather is finally warming and baseball season is back. With all the excitement that baseball games bring, there are certain legal issues that you should be aware of, such as the “assumption of risk.” This applies to the players as well as the fans. For example, a woman was recently injured while observing a baseball game at Fenway Park in Boston, MA. She was enjoying the game when suddenly a foul ball powerfully struck her in between her eyebrows. She saw the ball heading in her direction but it was traveling too fast for her to react. The significant blow to her forehead caused her to bleed profusely. Nearby fans provided her with aid and two individuals gave the woman t-shirts to wrap around her head to try and stop the bleeding. Five weeks earlier, another fan was seriously injured when he was struck by pieces of a shattered baseball bat.

In all, injuries to spectators do occur. What you should know is that sometimes you will be held to have assumed the risk of sustaining the injury. When this happens, you may be barred from any recovery. For this reason, to best protect your rights to compensation, it is imperative that you hire an attorney. The Miami personal injury lawyers at Gerson & Schwartz, PA are here to help. Our lawyers have provided high quality legal representation to injured people in Florida for over 40 years. We are dedicated to protecting our clients’ rights and helping them get back on their feet. For a FREE consultation, call (305) 371-6000 or contact us online.

Assumption of Risk

March 11, 2016

Jet Skis and Accidents in Florida

by Gerson & Schwartz, P.A.

Riding jet skis has significantly increased in popularity over the years. This may be because they are substantially cheaper than boats. To many, it seems that jet skis are taking over Florida’s lakes, rivers and beaches. To many, however, jet skis are a major headache. Not only are they loud and numerous, but they are nearly twice as likely to be involved in an accident when compared to boats. Jet ski accidents tend to be tragic and even fatal, as riders have limited protection. In 2011, 44 people were killed on jet skis. 38 people were killed on jet skis in 2010.

Recently, in Florida, Miami Beach Fire Rescue transported a young woman to the hospital after she suffered a severe head injury. She was involved in a jet ski accident. Officials found that the jet ski she was riding on forcefully collided with another one, near 42nd Street. If you were involved in a jet ski accident, and it was the fault of another person, it is important that you retain an attorney to ensure that you are adequately compensated. The Miami personal injury attorneys at Gerson & Schwartz, PA are here to help. We continue our 43-year plus tradition of representing injury victims and their families throughout Miami Dade, Fort Lauderdale, Coral Gables, and other areas of South Florida.

Jet Ski Regulations