Premise Liability

October 20, 2023

Florida Theme Parks and Premises Liability

Florida has arguably the highest density of amusement parks of anywhere in the world. With so many thrills in a relatively small geographic area, accidents are bound to happen sometimes. Of course, people choose amusement parks over sources of excitement that occur in more natural settings for a reason. One can reasonably expect to lounge by a lagoon at a theme park without getting picked off by an alligator, but all bets are off if you are lounging by a naturally occurring lagoon on public land, much as paying admission to walk through a Halloween haunted house attraction is supposed to be less dangerous than venturing into a bona fide abandoned building at your own risk. Theme parks are supposed to create the illusion of danger while, in fact, delivering a safe experience. When preventable accidents at theme parks result in death or serious injury, the theme park is legally responsible. If you have been injured in a preventable accident at a theme park, contact a Miami premises liability lawyer.

Notable Premises Liability Cases Involving Theme Parks

Premises liability laws hold that when a customer gets injured at a place of business, the customer has the right to file a personal injury lawsuit against the business owner and to seek damages for medical expenses and lost income related to the accidental injury. These are some notable premises liability cases filed against theme parks in Florida:

January 20, 2023

Common Injuries for Victims of Miami Slip and Fall Accidents

by Gerson & Schwartz, P.A.

Unintentional falls are one of the leading causes of death in America, but these incidents are also among the top reasons that people seek medical treatment for accidental injuries. According to the US Centers for Disease Control and Prevention (CDC), more than 6.84 million people head to hospital emergency rooms annually for slip and fall injuries, and many others visit their primary care physicians for treatment. These accidents are usually preventable, so it is a comfort to know that you have legal remedies. Florida law imposes a duty on property owners, and they can be held accountable for failing to keep their spaces safe.

The injuries from a slip and fall can affect your life in ways you did not expect, with financial and emotional losses even beyond the physical pain. A Miami slip and fall attorney will help you pursue a negligent property owner for breach of the duty of care since these cases fall under premises liability concepts. Enforcing your legal rights is important when you realize the extent of your losses.

Common Slip and Fall Injuries

August 9, 2022

Victims’ Remedies When Miami Businesses Ignore Criminal Activity

by Gerson & Schwartz, P.A.

As one of the largest cities in Florida in terms of population, Miami is no stranger to crime. In fact, according to statistics compiled by the Florida Department of Law Enforcement (FDLE), Miami-Dade County tops the list in terms of arrests, with more than 44,000 total arrests every year. Some involve minor misdemeanors, such as shoplifting, public intoxication, and disorderly conduct. However, many individuals are arrested for serious, violent crimes, including murder, aggravated assault, rape, and aggravated robbery.

You can take extra precautions to protect yourself, such as not walking alone at night and being alert about your surroundings. Still, there are places where you expect a certain level of safety, such as stores, restaurants, and other businesses. Owners have a duty to maintain safe premises, which may include implementing security measures in the presence of criminal activity. Unfortunately, some shirk their legal duty by ignoring crime. A Miami crime victims lawyer can advise you on legal options if a business owner failed to act in light of the following.

Reports of Criminal Activity

January 27, 2021

Triple Shooting in Miami: FAQs on Liability and Legal Issues

by Gerson & Schwartz, P.A.

The Miami-Dade County Sheriff’s Office continues to investigate the circumstances surrounding an early morning shooting that killed one man and injured two more at a local food market. According to an article in the Miami Herald, police received a report of shots fired in Miami’s Liberty Square neighborhood. Officers arrived at the neighborhood convenience store to find two injured men, one of whom died before EMTs arrived. Minutes later, officials received word that another individual – believed to be connected to the shooting – had arrived at a nearby hospital with a gunshot wound.

As details emerge on the causes and contributing factors behind the incident, victims and surviving family members may wonder about their legal rights regarding the shooting. If you were involved in a similar situation, you might also be considering your options. A Miami negligent security attorney can provide specifics, but answers to frequently asked questions about criminal activity on property may be helpful.

Do I Have Options Beyond Pressing Charges? While you may get closure through the criminal process, a conviction and jail time will not compensate you for your losses as a victim. Instead, you need to go through the civil lawsuit process to obtain damages for your medical costs, pain and suffering and other implications. Suing in civil court is separate from the criminal case in which the government is the plaintiff.

November 4, 2020

Shop Owner Liability for Fatal Shooting Incident in South Florida

by Gerson & Schwartz, P.A.

An altercation at a South Florida flea market turned deadly when one of the two men involved in the dispute pulled out a gun and shot the other, killing him. An October 10, 2020 article published by the Miami Herald covered additional details, stating that the incident occurred just after 1:30 p.m. at the Swap Shop in Lauderhill. Police responded to reports of a shooting and assisted the victim until he could be transported to Broward Health Medical Center in Fort Lauderdale. The man later died from his injuries.

While the investigation by law enforcement is ongoing, it is possible that surviving family members may be eligible to take legal action. The potential remedy encompasses concepts of both wrongful death and premises liability, so retaining a Miami personal injury attorney is essential. Still, you may benefit from reviewing some of the basics.

Overview of Premises Liability Cases

October 30, 2020

Do Premises Liability Laws Apply to Fatal Shooting in South Florida Parking Lot?

by Gerson & Schwartz, P.A.

Two assailants will face multiple criminal charges after a robbery and assault led to the shooting death of a 23-year-old man in South Florida. The Miami Herald provided some details in an October 19, 2020 article, reporting that surveillance cameras at a Walgreens captured the details of the incident. The video footage shows that the victim and a teenaged companion were inside the store when a motorist entered the parking lot and strategically positioned his vehicle with a view to the victim’s car. As the pair inside the store exited and walked to their own vehicle, two assailants emerged from their car and assaulted the victim and teenager. One suspect shot the victim, and both perpetrators fled the scene.

Law enforcement continues to investigate and will pursue criminal charges against the suspects, but the victim’s surviving family members may also have legal remedies under Florida law. A Miami personal injury attorney can explain how the concepts of premises liability and wrongful death apply in such a case, but an overview may also be helpful.

Comparing Florida Premises Liability and Wrongful Death Laws

October 7, 2020

Renters Have Rights When Exposed to Mold in Miami Apartments

by Gerson & Schwartz, P.A.

Mold is an extremely dangerous environmental hazard that can cause a wide range of health issues and, unfortunately, it affects more homes than you might expect. ComfyLiving.net, an online resource for home décor, renovations, and trends, reports that an estimated 70% of all homes in the US have at least some traces of mold. Due to its attraction to warm, humid environments, mold is a grave concern for residents of Miami – especially renters in apartment buildings who have limited control over common areas and trust their landlords to tackle maintenance and repairs.

If you suffer from a medical condition that you think is linked to dangerous mold in your apartment complex, you may have options for recovering compensation. Time is of the essence with these cases, so retain a Miami premises liability lawyer asap for help with the legal issues. You should also familiarize yourself with mold infestations and your rights.

Dangerous Mold and Implications for Your Health

September 9, 2020

Does the Attractive Nuisance Doctrine Apply in Florida Premises Liability Claims?

by Gerson & Schwartz, P.A.

You probably know that property owners have a duty to maintain their premises in a safe condition and free from reasonably foreseeable hazards. You might also be aware that there are limitations on this legal obligation. Under Florida law, property owners cannot be held liable in a lawsuit when a trespasser is hurt on their property. Even if you did not realize this limitation, you can understand the logic: The owner or party in control over the premises should not have to pay compensation to someone who was not legally present on the property.

There are exceptions to the trespassing rule, however, and one is of particular interest in Florida – where so many households and homeowners’ associations have installed pools. A Miami premises liability attorney can explain the operation of the “attractive nuisance” rule and how it affects your rights. An overview of the duty of property owners, limitations, and exceptions may also be helpful.

Property Owners’ Duties and Trespassers

June 19, 2020

Recent Lawsuit Targets Miami Apartment Complex for Negligent Security

by Gerson & Schwartz, P.A.

In a lawsuit recently filed in the Miami-Dade Circuit Court, plaintiffs are seeking $25 million in damages from the owners of an apartment complex in Gladeview, a suburb just northwest of Miami. The allegations stem from an incident that occurred in November 2019, when a man was killed by a tenant while attempting to visit his mother at her apartment unit. The wrongful death case was filed on behalf of the victim’s widow, who claims that the defendants failed in their duties as property owners and other parties in control over the apartment complex.

While the allegations are very detailed in terms of facts, the lawsuit is based upon a concept termed premises liability in the practice of law. The key issue revolves around what the defendants did and did not do to keep the apartment complex safe for residents and their visitors. Because of the complicated legal issues, it is important to work with a Miami negligent security attorney if you were hurt because of criminal acts on property. An overview may also be helpful.

Legal Basis for Negligent Security Cases

June 5, 2020

What is “Constructive Notice” in a Miami Slip and Fall Accident?

by Gerson & Schwartz, P.A.

While often referred to as “slip and fall” accidents, the nature of your legal rights falls under the category of premises liability if you were hurt in such an incident. As with many other personal injury claims, the basis of these claims is negligence. You can recover compensation if you can prove that a property owner knew or should have known about a dangerous condition on the premises, and that person or entity failed to address it – either by fixing the hazard or warning others.

However, the language “knew or should have known” often confuses people in terms of proving the essential elements of a premises liability case. In short, the phrase relates to a property owner having notice of the dangerous condition. The legal details are much more complicated, which is why you should trust a Miami slip and fall accidents attorney to assist with your case. Some general information may also be helpful.

The “Notice” Requirement