Premise Liability

July 22, 2019

Negligent Security can Lead to Severe Injuries for Florida Victims

Chances are that you know what a “slip and fall” accident is, but you may not be familiar with the legal concept behind it. In Florida, these cases are based upon premises liability, which imposes a duty upon property owners to keep their spaces reasonably safe for others. The duty applies to stores, restaurants, apartment buildings, office complexes, theme parks, and many other types of businesses. When those in control of these spaces fail in their legal obligation, a guest or visitor may slip and fall – hence the colloquial term for these claims.

However, there are many other ways a property owner may fail in the duty to maintain safe premises. For instance, the responsible party may not take proper measures to provide security. You can trust a Florida premises liability attorney to provide personalized information regarding your circumstances, but it may help to review some answers to frequently asked questions about negligent security.

What does “negligent security” mean?

July 10, 2019

FAQs About Slip and Fall Injury Claims in Florida

by Gerson & Schwartz, P.A.

You may not expect to be hurt due to dangerous conditions on property, but a report from the US Centers of Disease Control and Prevention reveals shocking statistics: Accidental slips, trips, and falls are among the top two causes of non-fatal injuries in the US. It is true that clumsiness may be to blame in some situations, but many other injuries occur because of preventable errors. You should discuss your circumstances with a Florida slip and fall attorney right away, but some answers to common questions about property-related accidents may be helpful.

How do Slip and Fall Claims Work?

The familiar term “slip and fall” actually refers to a legal concept called premises liability in Florida. The foundation of these claims is negligence, a type of case that imposes a legal duty on property owners. If they fail to maintain the premises in a reasonably safe condition, they could be liable for a victim’s injuries.

July 6, 2018

Daytona Beach Roller Coaster Derails Causing Injuries

by Gerson & Schwartz, P.A.

On June 14^th, the Sand Blaster roller coaster at the Daytona Beach Boardwalk derailed causing two riders to fall 34 feet to the ground. They were taken to Halifax Health Medical Center. Their names and conditions were not published. The derailment left two other riders hanging from a car of the roller coaster. In total, 10 riders were rescued by firefighters specializing in high-rise rescues. While roller coasters can be thrilling and feel a bit dangerous, riders expect them to be safe. When individuals and families take a vacation to a boardwalk or amusement park, they trust that the rides have been thoroughly inspected and well-maintained. However, each year a roller coaster accident occurs, demonstrating how easy it is for things to go wrong. One person’s misstep or failure to catch a problem can lead to a derailment like the one experienced at Daytona Beach. If you or a loved one were injured in a roller coaster or amusement park accident, do not hesitate to contact an attorney. Our personal injury lawyers at Gerson & Schwartz P.A. are highly experienced in product liability and premise liability cases. We will thoroughly investigate what happened, determine who is liable, and fight for you to receive appropriate compensation. Call us at (877) 475-2905.

The Sand Blaster Failed Previous Inspections

The derailment is currently under investigation. A spokesperson for the Department of Agriculture and Consumer Services, Jennifer Meale, stated that the ride had passed inspection that morning. However, an inspection after the accident failed the ride for a deficiency marked “structural integrity: other.”

January 24, 2017

What Happens If Your Child is Injured at Daycare?

by Gerson & Schwartz, P.A.

For working parents, daycare is a must. Leaving children in the care of others is scary, especially when babies are only a few months old. Sadly, many children suffer serious injuries or are even killed in daycare facilities. If your child is injured while in daycare, what are your options? Miami personal injury attorneys assist parents and guardians with these difficult claims.

First, as a parent, you understand that some injuries are expected in daycare. Your toddler may bump his head. Your baby may have a bruise if she hits herself in the face with a toy. These incidents are typically harmless and simply part of childhood.

However, more serious injuries should not occur in a daycare facility. Daycare centers have a duty to prevent foreseeable harms to children. For example, a foreseeable harm may include a child falling down a set of steps, or putting his finger in a light socket. Daycare centers must exercise caution that is reasonable and prudent under the circumstances to maintain children’s safety.

January 18, 2017

Premises Liability: Can Property Owners be Liable for Weather-Related Slips and Falls?

by Gerson & Schwartz, P.A.

Can Property Owners be Liable for Weather-Related Slips and Falls?

When most people consider slip and fall claims, they picture a shopper in a grocery store slipping and falling in a puddle of milk. Or, they may picture an individual in a shopping center who trips over merchandise that has fallen into an aisle. However, did you know that property owners may also be liable for slips and falls that are primarily caused by the weather? Miami personal injury attorneys help these individuals recover for their injuries.

For example, consider a clothing store that has linoleum or tile flooring. On a summer afternoon, the sky turns dark and a thunderstorm rolls in. A period of heavy rain lasts for about thirty minutes. After the storm clears, shoppers begin trickling into the store. They carry umbrellas that are dripping wet, and their rain jackets and shoes also spread water on the floor. Employees do not mop the wet floor for an hour, and a man enters the store, slips, falls and breaks his hip. The store is can be legally responsible liable for the man’s injuries if it can be proven that the employees waited an excessive amount of time to mop up the water, or failed to warn of the hazard. If store employees had only waited a short period of time to correct the condition the claim could be more difficult to bring. That is unless, it can be proven that condition was one that happened with regularity that the store was on notice and should have entertained more corrective measures. In other words, the store and or employees did not act in a reasonable manner to remove safeguard the premises from a known hazard.

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.

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.

September 9, 2016

Legal Duties of Property Owners to Avoid Balcony Collapse Accidents

by Gerson & Schwartz, P.A.

Miami Balcony Collapse Attorneys Discuss Legal Duties of Property Owners

Many people were shocked last year when six people died, and seven more suffered serious injury after a fourth-floor balcony collapsed during a party at an apartment building near the University of California at Berkeley. While the incident was tragic, it was far from unprecedented. 57 people suffered injury, and 13 people died when a third-floor porch collapsed in Chicago in 2003. These are just two of many such incidents that have caused injuries and fatalities over the years. In this blog, our Miami premises liability attorneys discuss the types of negligent conduct by property owners that contribute to balcony collapse accidents.

In Florida, owners of commercial and residential property have a legal duty to maintain their property in a way that minimizes the risk of injury to visitors. When the owner of a business or residence fails to pay attention to the number of people or weight load on a deck or balcony, the consequences can be broken bones, catastrophic injuries, paralysis, traumatic brain injuries, and fatalities. If you have been injured in a patio, balcony, or deck collapse, you should speak with a Miami personal injury law attorney with experience handling premises liability and balcony collapse claims who can protect your interests and pursue the fullest financial recovery.

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 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