Miami Accident Lawyer Blog

March 21, 2012

Florida East Coast Railway Train 210 Kills 2 In Same Day, Personal Injury Lawyer Says Thorough Investigation Needed

A Florida East Coast Railway train struck and killed 2 people in entirely different incidents. Jonathan Adario was killed when Florida East Coast Railway Train 210 hit him at a crossing in Fort Lauderdale. It was reported that Adario was laying on the tracks. But, Miami personal injury lawyer Nicholas Gerson who handles train accident cases says these initial reports don’t often tell the entire story. We find that the reports are usually self sevring statements from train crew and not always based on idependent witnesses. Oddly enough, the same train just 10 hours later struck another man in St. Augustine and suicide is also being looked into. Where is the suggestion that the train crew or railroad were negligent said Nicholas I. Gerson of Gerson & Schwartz, PA . Gerson says that many times in train accident cases the police reports over look negligent acts of the railroad and their crew. The reports are often written favorably towards the train operators like CSX and Florida East Coast.

Its too early to tell. We will have to wait to see what the black box and other data can be retrieved. Gerson says that in many cases he sees the police reports will often say that a car ran into the path of an oncoming train suggesting the car but not the train was to blame. But is some cases Gerson has handled important facts such as whether the automatic crossing gates were operating are not mentioned anywhere.

March 20, 2012

Another Tragedy on Florida Roads: 5 Year old Girl Dies in After Hit and Run by Van

by Gerson & Schwartz, P.A.

Yet another tragedy to add to the 10 fatalities that occurred this past weekend in car and motor vehicle accidents. Five year old Yanelle Lucero was riding her tricycle when she was struck by a van operated by a19 year Erick Garcia. Garcia, allegedly then fled the scene in his friends van. According to the news reports, the van was owned by 19 year Mario Argumedo and operated by 19 year old Erick Garcia. The young girl Lucero, was pronounced dead on arrival. According to Miami injury lawyer Nicholas I. Gerson both the owner and operator of the van are legally responsible under Florida’s Dangerous Instrumentality law. These laws state the owner of a motor vehicle is liable for the harm caused so long as the motor vehicle is operated with the vehicle owner’s consent.

March 19, 2012

At Last, Cruise Ship Drills Will Take Place Prior to Departures

by Gerson & Schwartz, P.A.

The US, European, and UK based Cruise Industry Associations have finally signed a policy stating that muster drills must take place prior to departure. Following the devastating cruise ship accident crash of the Costa Concordia last January, wherein 23 cruise ship passengers were found dead, scores of injuries, and 7 others are still missing concern about how the evacuation process was handled emerged. 6 weeks later, a second disaster occurred on board the Costa Allegra during an engine fire, disabling the ship and leaving its’ passengers stranded in the Indian Ocean. Again, questions arose about why there was such mass chaos on board during these emergencies.

Since, cruise ship laws did not require that passengers be briefed immediately before the ship sets sail, many on board the Concordia and Allegra cruises were never informed about how to proceed when a true emergency occurred. The main reason why in the case of the Concordia, was because almost 700 new passengers boarded the ship after it had been sailing for 3.5 hours. However, the next briefing was not scheduled to take place until the next day.
Miami Martime and personal injury lawyer Philip m. Gerson of Gerson & Schwartz, PA says “its about time the cruise lines start taking a more proactive approach towards passenger safety.” In fact, the U.S Cruise Lines International Association, Passenger Shipping Association, and the European Cruise Council have all agreed to a new policy which requires every cruise ship in the world to conduct safety drills within 24 hours of embarkation. Stricter policies, are currently in place, and were implemented by the International Maritime Organization. Consequently, if a passenger is unwilling to participate in these safety drills or briefing he or she will be asked to leave the ship immediately. Passengers are told all of this during the pre- drill announcements.

March 14, 2012

Carnival Cruise Lines Offer of Trivial Payments Not Surprising

by Gerson & Schwartz, P.A.

Carnival says “Safety issues are a major concern for the Carnival Cruise line and the full costs for Carnival will include passenger refunds, potential litigation and repair” But do they mean it? Especially the part about “full costs.” So far, they have only offered trivial payments to victims from the highly publicized accident aboard the Concordia disaster. Here is what they OWE passengers and crew – full and just compensation.

On the night of January 13, 2012, while passengers were in the dining room the crew misinformed them about the seriousness of this disaster. Apparently, the ship’s Captain, Franscesco Schettino, “unapprovingly deviated from the route it was initially programmed for, and; the Captain ever activated any alarms.

More problems for Captain Francesco Schettino and Carnival lie ahead, as evidence is compiled shockingly showing that the “captain was not wearing his reading glasses when the shipwreck occurred, and is said to have asked his first officer to check the radar.” What has not been explained is what Schettino was told and what he and his crew members did next to save the passengers and crew members. Everyone knows what he did to save himself.

March 12, 2012

Indian Rocks Beach Man Killed Following Nighttime Personal Watercraft Accident

by Gerson & Schwartz, P.A.

An Indian Rocks Beach man was killed this weekend following a nighttime personal watercraft crash. 40-year-old Victor Vazquez was thrown into the Intracoastal Waterway near the Belleair Causeway after the boat he was riding in hit an unidentified object in the water Saturday night. The damaged boat was piloted by 34-year-old Robert W. Turnbull of Seminole who was also thrown into the water approximately one mile from shore.

Although both men were apparently wearing life vests, Vazquez was found unconscious in the water immediately following the crash. Turnbull reportedly made unsuccessful attempts to resuscitate Vazquez on the way back to shore and again once they reached land. Emergency crews called to the scene performed CPR, but also failed to revive Vazquez. Turnbull received only minor injuries in the accident. Authorities took blood samples to determine whether he was under the influence of alcohol or drugs at the time of the accident.

Despite that a full moon lighted the Intracoastal Waterway over the weekend, it is unlawful to pilot a personal watercraft in Florida at night. Vazquez’s death is at least the second nighttime personal watercraft fatality in the area this year. In January, a man was killed and a woman injured when their personal watercrafts collided in the dark around 3 am near Hillsborough County. In that accident, neither party was wearing a life vest.

Florida has more registered boats and more boating related accidents than any other state. Boating accidents of any kind have the potential to result in serious injury and even wrongful death. The most common cause of death related to a boat accident is drowning. Boat accidents are often the result of negligence, impairment, operator error, speeding, inattentiveness, and operating during inclement weather. Fortunately, most recreational boating accidents are completely preventable.

There are two types of damages available to an individual who was injured in a boating accident due to someone else’s negligence in Florida. Economic damages include medical expenses and loss of income and earning capacity. Non-economic damages consist of compensation for suffering, pain, psychological trauma, disfigurement, and loss of enjoyment of life. Sometimes, punitive damages may be awarded where evidence of gross negligence or disregard for the life and safety of another person exists. A qualified Florida personal injury attorney can help you assess your claim.

February 22, 2012

Former Players Sue NFL in Miami Over Concussion Risks

by Gerson & Schwartz, P.A.

This month, several former professional football players filed a class-action negligence lawsuit in Miami against the National Football League (NFL) over alleged known concussion risks to players. The lawsuit claims the NFL ignored evidence which demonstrated player head trauma during football games caused major medical problems later. Plaintiffs such as former Miami Hurricane running back Najeh Davenport claim the NFL spent decades ignoring evidence that the cumulative effects of head injuries such as concussions on the field caused mental and physical problems later. The lawsuit also alleges that retired players who experienced head traumas suffer from higher rates of memory loss, depression, migraine headaches, and early-onset dementia. Other plaintiffs who recently joined the Miami lawsuit include Santonio Thomas and Omare Lowe.

The Miami suit is one of nearly two dozen filed nationwide in recent months by former professional football players against the NFL and football helmet manufacturers. With hundreds of plaintiffs throughout the country, billions of dollars are potentially at stake. Plaintiffs include both largely forgotten players and league stars like Jim McMahon and Jamal Lewis. Four similar lawsuits were recently consolidated in the Eastern District of Pennsylvania in Philadelphia before Judge Anita B. Brody. Other player lawsuits are expected to be consolidated with the multi-district litigation in the near future. Last week, a website intended for both former and current players was established to track concussion-related litigation against the NFL.

Because of the potentially lasting effects on an individual’s health, any brain injury should be taken seriously. Even a minor head trauma can have a devastating effect on a victim’s quality of life. A traumatic brain injury can cause both short and long term physical and cognitive disabilities including memory loss, depression, seizures, and changes in personality. A head injury may also raise the risk for developing other brain conditions in the future.

A disabling brain injury can result from any type of head trauma including a fall, car accident or a sports-related concussion. The medical costs associated with treating a brain injury can be astronomical. If the victim requires daily care, treatment costs will be ongoing and even higher, dramatically altering a brain injury victim’s future. If you or your loved one has suffered from a traumatic brain injury due to another party’s negligence, you have the right to seek compensation for your injuries.

February 13, 2012

FWC Expected to Investigate Melbourne Airboat Crash That Injured 4 People

by Gerson & Schwartz, P.A.

MIAMI, FL—A violent airboat crash on the St. John’s River in Melbourne, Fla. left four accident victims with various injuries. According to information provided by the Brevard Times, the boating accident appeared to have occurred in close proximity to the Sweetwater Boat Ramp on the evening of Feb. 7.

A boater called 911 after the airboat he/she was on struck a tree on the St. John’s River at approximately 7:12 p.m. Reports indicated one of the four boaters involved in the watercraft accident—a man in his 50s—was ultimately ejected from the airboat, which flipped over on impact of the tree. That man was said to be the most seriously injured victim.

Officials and personnel from the Florida Fish & Wildlife Conservation Commission (FWC), Brevard County Sheriff’s Office, and Camp Holley Fish Camp made use of airboats to respond to the scene of the boating accident. Four airboat crash victims were transported to Melbourne-based Holmes Regional Medical Center to be treated for their injuries.

Statistical data provided by the U.S. Coast Guard (USCG) and Florida Fish and Wildlife Conservation Commission (FWC) indicated 668 boat accidents occurred during the year 2010. Those boat crashes and accidents resulted in 79 boating deaths and 389 injuries. Statistics suggest Florida has more boating accidents than any other state in the nation.

February 9, 2012

South Florida Cruise Ship Returns to Port Early With Another Suspected Norovirus Outbreak

by Gerson & Schwartz, P.A.

A Princess Cruise Lines ship returned to a South Florida port with an alleged outbreak of norovirus for a second week in a row. This week, the Crown Princess returned to dock at Port Everglades two days early after approximately 250 people on the ship became ill with vomiting, diarrhea, and stomach pains. Last weekend, the same ship was disinfected for several hours after returning to port with about 400 sick passengers and crew members. This week, the nation’s Centers for Disease Control will be on hand to sanitize the Crown Princess before its next scheduled departure on Saturday.

Last week, two other cruise ships also returned to port with a suspected norovirus outbreak. The Ruby Princess, a sister ship of the Crown Princess which also sails out of South Florida, and Royal Caribbean’s Voyager of the Seas, which sails out of New Orleans, were sanitized after returning to port with hundreds of sick passengers and crew.

The Crown Princess is capable of carrying more than 3,000 people and more than 1,000 additional crew members. Although the norovirus is quite common, the purported outbreak generates considerable worry because of how close quarters the cabins, common areas, and ventilation systems are on cruise ships. The virus is highly contagious and spreads easily from person to person through both surfaces and contaminated food. Industry experts warn that the virus is tough to eliminate once it starts to spread on board a ship.

According to Princess Cruise Lines, the company has additional cleaning crews on hand to assist with the disinfection of all of the ship’s public areas. All furnishings, carpets, and any surface a passenger is likely to touch will purportedly be sanitized. Additionally, each state room will be cleaned repeatedly prior to being prepared for the ships’ next departure. At this time, the cruise line expects the Crown Princess to depart as scheduled on February 11th.

An accidental personal injury may arise unexpectedly in any number of settings, including on a cruise vacation. If you were injured on a cruise ship as a passenger or crew member, it is important to seek assistance from a qualified personal injury attorney. A variety of state, federal, and international laws may apply to personal injury claims associated with cruise ships and other vessels at sea. The amount of time you have to file your claim may be limited and the claim process can be cumbersome. If you were injured on a cruise ship, an experienced personal injury attorney can help you assess your claim and negotiate a reasonable settlement.

January 19, 2012

$3 Million Verdict Rendered Against Miami Day Care Center in Alleged Child Sex Abuse Case

by Gerson & Schwartz, P.A.

MIAMI, FL—A $3 million verdict was rendered against Miami-based Discover Day Care Inc. in connection with the alleged sexual assault of a child at the day care facility in 2008, NBC Miami reported. The lawsuit claimed the sexual abuse occurred after a teacher at the Miami day care facility placed her then-13-year-old son in charge of supervising the children during her lunch break.

According to information provided, the alleged child sexual assault victim—who was only five years old at the time of the alleged attack—testified that the teacher’s son sexually abused her during “nap time.” The sexual abuse lawsuit—which initially sought $25 million in damages on behalf of the victim and her family—claimed negligence on the part of Discover Day Care Inc. on the basis that the children were not under adult supervision when the illicit sexual encounter allegedly occurred.

The teacher’s now-17-year-old son was initially charged with sexual abuse, he pleaded no contest and was sentenced to counseling. While the jury was not aware of the said outcome of the criminal case as the civil trial was underway, three of the teen’s court-appointed therapists testified that the teen did indeed confess to inappropriately touching the young girl. According to one of the counselors, “He admits to touching her vagina.”

A defense attorney on the case told reporters he would file a motion for a new trial.

About the Miami injury attorneys and negligent security/premises liability lawyers of Gerson & Schwartz, P.A.
When accidents and crimes take place on someone else’s property, that someone needs to take responsibility. Too often, property owners and managers deny their responsibility. At shopping centers, hotels, apartments and condominiums, and all public events, people have a legal right to be reasonably safe from foreseeable harm and criminal victimization.

January 16, 2012

Costa Concordia Accident is Inexcusable

by Gerson & Schwartz, P.A.

The cruise ship accident this past weekend aboard the Costa Concordia is inexcusable. With modern technology including sonar and GPS which average people have in their cell phones and recreational boaters almost universally use it is extraordinary and gross negligence for a professional sea captain, with thousands of lives in his hands to make errors which would cause a cruise ship with state of the art navigational tools, run aground. What is even more remarkable about this cruise ship accident is that this could happen in familiar waters just hours from one of the major cruise ports in the world. It is criminal that a captain would leave defenseless passengers and crew behind to avoid injury to himself.