Miami Accident Lawyer Blog

March 11, 2016

Jet Skis and Accidents in Florida

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

March 4, 2016

Partial Fault for a Florida Automobile Accident

by Gerson & Schwartz, P.A.

Automobile accidents are prevalent here in Florida. As it turns out, automobile accidents are one of the leading causes of injury and death in Florida. Are you a victim of such an accident at the fault of another person? If so, are you hesitant on initiating a claim because you may have been partially at fault for the accident? True, this would be a huge problem in Alabama, Maryland, North Carolina, Virginia, and the District of Columbia because these states follow the “Contributory Negligence” rule. Per said rule, an injured person (“Plaintiff”) will not recover from the at-fault driver (“Defendant”) if Plaintiff was at fault to any degree. Fortunately, this rule does not apply in Florida.

It is critical that you hire an experienced attorney for your case. The personal injury and accident attorneys at Gerson & Schwartz PA are here to help. Our experience spans over 43 years with significant results at both the trial and appellate levels. We have successfully represented injured drivers and passengers in every imaginable automobile accident scenario.

Florida’s Pure Comparative Fault

February 26, 2016

Sexual Assault, Battery, and Molestation in Florida

by Gerson & Schwartz, P.A.

Today, the subject of childhood sexual abuse and molestation is of much attention. As a matter of fact, 28 to 33 percent of women and 12 to 18% of men were once victims of childhood or adolescent sexual abuse. Recently, a 32 year-old man, Jack Kelly, was arrested and charged with sexual battery and lewd and lascivious molestation. He allegedly sexually abused his 7-year-old daughter and admitted to inappropriately touching her more than 100 times. Officers discovered that he also sexually battered the girl at least twice.

If you or a loved one is a victim of such a horrendous crime, it is imperative that you hire an experienced attorney. Doing so will better your chances of adequate compensation. Such attorneys can be found at Gerson & Schwartz PA. We truly understand that being a victim of sexual assault, battery, and molestation is a traumatic and life changing event. We will fight effortlessly to get you or your loved one the compensation deserved.

Effects of this Crime

February 19, 2016

Medical Malpractice in Florida

by Gerson & Schwartz, P.A.

When you seek medical attention, you are under control of a particular medical staff. These individuals are, in the ideal world, trustworthy and truthful. Yet sometimes medical errors and even intentional misconduct occurs. Recently, two Florida surgeons have been found guilty of committing medical malpractice. In this particular case, a patient by the name of Maria Espinosa underwent surgery to remove a two-inch skull tumor. Yet, the two surgeons failed to properly evaluate Espinosa. This ultimately led to the patient’s bleeding to death. The surgeons did not notice the mass amount of blood until it was too late. It was later found that the patient should not even have undergone surgery. Other treatment would have been sufficient. The jury involved awarded Espinosa’s family $7.5 million after finding the surgeons negligent.

If you or a loved one is a victim of medical malpractice, it is important to hire an experienced medical malpractice attorney to ensure that you are adequately compensated for your loss. The medical malpractice attorneys at Gerson & Schwartz PA care about victims of medical malpractice. We have brought cases in nearly every medical specialty for failure to correctly diagnose, failure to provide appropriate treatment, and surgical errors. Cases that involve medical malpractice tend to be complex. We know the law involved and we know how to boost your chances of winning adequate compensation.

Florida’s Medical Malpractice Law

February 12, 2016

Airbags and Catastrophic Injuries

by Gerson & Schwartz, P.A.

Today’s vehicles are built in a way to ensure the safety of each and every individual riding within them. Yet, manufacturing defects do occur. Some defects can lead to catastrophic injuries or even death. Defective airbags can lead to such injuries. Recently, six fatalities were traced to the Takata airbag defect. For drivers involved in airbag-deployment accidents, instead of their airbag saving them, it shoots out shards of metal right through the airbag. This led to millions of recalls. In March of 2015, a 2003 Honda Civic crashed in Florida, and its driver did not survive. Police reports later linked the driver’s fatality to a faulty airbag inflator that basically ruptured in the crash.

If you or a loved one is injured in a similar fashion or incurred other catastrophic injury, it is critical that you retain an experienced catastrophic injury attorney. The Miami, Florida catastrophic injury attorneys at Gerson & Schwartz PA are here to help. We have helped catastrophically injured people for more than 40 years. We are well versed in the law and know how to get you adequate compensation for your loss.

The Basics of Florida’s Products Liability Law

February 5, 2016

Personal Injuries and Hoverboards

by Gerson & Schwartz, P.A.

Hover boards were a highly popular gift, if not the most popular gift, during the holiday season of 2015. Yet, beyond their popularity lurks countless cases of personal injuries relating to the hover boards. Miami’s Jackson Memorial Hospital has seen over 10 hoverboard-related patients with injuries involving broken bones, concussions, and contusions. In one Miami, Florida case, a child was riding on a hoverboard when its batteries died and “locked up.” The child “snapped his arm in half and broke his wrist.” This injured child’s parents say the manufacturer should be held liable as they had knowledge that their hover boards were dangerous; “[t]hey know that there are issues of safety and they’re selling them anyway.”

Product liability cases, or defective product cases, run rampant here in Florida. If you or a loved one are injured at the hands of a defective product, you should hire an experienced products liability attorney. The products liability attorneys at Gerson & Schwartz P.A. are well versed in the complex law of products liability and are here to help ensure that you are adequately compensated for you injuries or loss.

Florida’s Product Liability Law

January 29, 2016

The Dangers of Trampoline Use

by Gerson & Schwartz, P.A.

Who does not like to jump around on trampolines? It is fun, right? Albeit entertaining to most, trampolines can cause significant bodily injury and even death. For example, recently, in Oviedo, Florida, a 19-year-old boy died inside a trampoline park called Boing! Jump Center. Seminole County Sheriff’s deputies said that the teenager was performing flips when he landed on his head. The doctor in this particular case, Dr. Elizabeth Davis of Arnold Palmer Hospital, stated that trampolines can be very dangerous and can easily cause catastrophic injuries, such as the one in this case.

The dangers of trampolines are obvious. Are there ways to make trampolines safer? Consumers of all products, not only trampolines, expect the products they use to be safe. The product’s manufacturers are required to design the products to meet strict government and industry safety standards. When the product is not designed in compliance with such standards and someone is injured or killed, the injured victim or the victim’s family may sue for compensation. Due to the multiple complexities of Florida’s products liability law, you should hire an experienced products liability attorney of Gerson & Schwartz PA for your case.

Defective Products in Florida and the Relevant Law

January 22, 2016

Florida Automobile Accidents

by Gerson & Schwartz, P.A.

Last December in Florida, a woman was traveling in the wrong direction and I-95 and hit a Chevrolet Cobalt head-on, killing herself and the four passengers in the Cobalt. Car accidents can happen to anyone, anywhere; even to the most reasonable drivers. As in this example, car accidents can be tragic and often fatal. If you are in an accident at the fault of another person, it is important that you know and understand your legal rights as you may be entitled to compensation for your injuries.

The Miami, Florida personal injury attorneys of Gerson & Schwartz PA have over 43 years of experience handling automobile accident claims. Our attorneys have successfully represented injured drivers and passengers in various automobile accident scenarios ranging from head-on collisions, rear-end collisions, motorcycle crashes, drunk driving accidents, hit and runs, pedestrian accidents, bicycle accidents, even uninsured and under-insured motor vehicle accident claims. Additionally, our law firm handles complex car accident cases that involve insurance coverage disputes and product liability claims such as defective design and automobile manufacturing defects.

January 15, 2016

The Basics of Florida’s Complex Slip, Trip, and Fall Law

by Gerson & Schwartz, P.A.

The winter months are upon us. The winter months bring with them several holidays, including Christmas, that bring about millions of shoppers. People all across the state of Florida flock to stores. With the massive amounts of people out there shopping, personal injury rates significantly increase. This post will focus on one type of personal injury in particular: slip/trip and fall. At Gerson & Schwartz, PA our Miami slip and fall lawyers have more than 44 years of successful experience representing clients who are seriously injured from a slip, trip, and fall and other premises liability accident cases. The attorneys at Gerson & Schwartz, PA obtain the advice from experts who use instruments to test floor slip resistance characteristics and provide further evidence of a property owner’s negligence. Our law firm thoroughly investigates each client’s case and will efficiently prepare a sound legal argument.

Florida Negligence and Premises Liability Laws

Slip and fall claims a form of premises liability laws developed from negligence theories. Under Florida, law negligence is the failure to use reasonable care under like circumstances. Florida’s jury pattern instructions state that negligence is doing what a reasonably prudent person woudl do under like circumstances, or doing something or failing to do something that a very careful person would do under like circumstances.

January 7, 2016

Negligent Security Measures

by Gerson & Schwartz, P.A.

Imagine this horrible scenario: you drive your car up a parking garage in search of a parking spot. The only available spots are on a dark, non-lit, level of the parking garage. You park there. On the way to the exit, you are assaulted and now fighting for your life! Situations such as this can happen to anyone. It is critical that you know and understand your legal rights if you or a loved one experiences similar horrific situations. You may be able to sue the property owner under theories of negligent security. The Miami, Florida negligent security lawyers at Gerson & Schwartz, PA have the knowledge, experience and ability to make property owners pay for the harm done to individuals at the hands of criminals.

The Basics of Negligent Security Measures

In essence, whether it is at a shopping mall, parking lot, parking garage, apartment, etc., people have the right to be reasonably safe from foreseeable harm and criminal victimization. A case founded on negligent security principles relies on the failure to provide reasonable security measures for protecting individuals from preventable harms that a third party owes a legal duty to provide reasonably safe premises. This legal concept touches on premises liability grounds. Per Florida’s premises liability law, landowners, possessors, landlords, business operators, and property managers have a duty to people lawfully on their premises to make the environment reasonably safe and to warn of latent danger.