Miami Accident Lawyer Blog

November 27, 2020

Bunk Beds Sold by Major Retailers Recalled After Collapses, Reported Injuries

The last place you should worry about suffering injury is when you are lying in bed and relaxing, but the experience was quite the opposite for several victims who were hurt while sleeping in defective beds. A November 15, 2020 article in the Miami Herald outlined the details of a recent recall jointly announced by the US Consumer Product Safety Commission and manufacturer Zinus. The recall covers 26,000 metal bunk beds that were not welded together properly, causing the upper bed to collapse. There have been 13 accidents reported involving the defective products, and victims have suffered serious injuries when falling or being crushed by the upper bunk.

If you were hurt by any type of product, it is essential to speak to a Miami products liability lawyer about your circumstances. You may have options regardless of a recall, but you should understand the basics about your rights when a product is withdrawn because of serious defects.

Common Recalls of Household Goods

November 25, 2020

List of Recalled Drugs Linked to NDMA Contamination

by Gerson & Schwartz, P.A.

If you take certain medications for high blood pressure, heartburn, ulcers, and related medical conditions, you may be aware of multiple product recalls announced during 2019 and continuing throughout 2020. The US Food and Drug Administration (FDA) outlines the risks involved with these prescription and over-the-counter drugs, which may contain unsafe amounts of N-Nitrosodimethylamine (NDMA) – a substance recognized by US officials and international medical groups as having the potential to cause cancer.

While the NDMA contamination may seem like a typical dangerous drug case, there are several factors that make these matters complicated. You can trust a Miami products liability lawyer to explain the laws and assist with your legal remedies, but some basic information may be helpful.

Dangerous Drugs Linked to NDMA Impurities

November 24, 2020

What the CDC’s Cruise Ship Guidelines for COVID-19 Mean for Passengers

by Gerson & Schwartz, P.A.

The cruise industry is a huge draw for millions of Floridians and visitors from other US states, which is why COVID-19 no-sail orders have been devastating for people who wanted to get away on a sea adventure during 2020. As such, a recent announcement by the US Centers for Disease Control and Prevention (CDC) comes as welcome news for anyone looking forward to a vacation. The CDC released its Conditional Sailing Order for Cruise Ships on October 30, 2020, opening the door for future sailings. In the document, the CDC outlines requirements cruise companies must follow to mitigate the risk to passengers and prevent the spread of COVID-19.

However, while the announcement may seem to be a positive development, there are still many concerns. If you contracted COVID-19 or any other illness while on board, you should discuss your legal options with a Miami cruise ship accident lawyer. Some information on the recent CDC order may also be helpful.

Phased Approach to Cruises

November 20, 2020

Top Five Florida Traffic Laws Miami Drivers Ignore

by Gerson & Schwartz, P.A.

Even if you are diligent about complying with all Florida rules of the road when out driving around Miami, there is a good chance that there are plenty of other motorists who do not. Some may be in a rush to get to their final destination, while others did not see a traffic sign or vehicle traveling in their blind spot. At times, drivers may even engage in intentional violations of traffic laws because they do not want to be inconvenienced or believe that a phone call is too important to miss.

Regardless of the reasons behind their actions, drivers who disregard the rules put everyone else on the road at risk of serious auto crashes. Not only do they threaten other individuals in motorized vehicles, but negligent motorists can cause severe harm to pedestrians and bicycle riders. A Miami car accident attorney can advise you on your legal options if you were hurt, but you can take action to protect yourself when you know the top traffic laws that drivers do not follow.

Speed Limits: Probably the most common – and certainly one of the most dangerous – traffic laws to break involves speeding. Authorities designate speed zones for various reasons, but they generally all center on safety. Going faster than the posted limit could increase the potential for accidents if the mph was set due to curves, traffic volume, a steep grade, narrowing of lanes, or many other factors.

November 18, 2020

What are My Rights as the Victim of a Work-Related Car Accident in Miami?

by Gerson & Schwartz, P.A.

You are at risk of being injured in a car accident any time you are driving around Miami, and statistics from the US Occupational Safety and Health Administration (OSHA) reveal that the safety threat is high even when you travel for work. In 2017, there were 2,077 workers killed in occupational transportation crashes, representing 40% of all work-related fatalities. Plus, transportation collisions are in the top five most common causes of non-fatal workplace accidents.

While you might assume that these incidents would be covered by Florida workers’ compensation laws, you may be surprised to learn that you may qualify to file a civil claim after an auto crash. There are multiple benefits for seeking legal remedies rather than workers’ comp benefits, and a Miami car accidents attorney can explain the advantages. You might also benefit from reviewing some of the basics about work-related vehicle collisions.

Florida Workers’ Comp Claims and Exceptions

November 13, 2020

Your Guide to the Stages of a Florida Personal Injury Case

by Gerson & Schwartz, P.A.

If you were recently injured in a Miami car accident, slip and fall on property, or through other forms of negligence, you might currently be working with the responsible party’s insurance company to obtain compensation. Filing an insurance claim is typically the first step your Miami personal injury lawyer will take in such a case, followed by settlement negotiations with the insurer.

However, you may not be as familiar with what happens if the insurance company refuses to settle for a fair, reasonable amount: The civil litigation process that starts when you file a lawsuit in court. Suing the responsible party to recover monetary damages triggers an entirely different legal process, so you should become familiar with the key stages of your case.

Filing Documents to Initiate Litigation

November 11, 2020

Safety Tips for Commuting by Bicycle in Miami

by Gerson & Schwartz, P.A.

Biking is a great form of exercise and an enjoyable way to get around Miami, but it is also a popular mode of transportation for traveling to and from work. The daily commute is also one of the most dangerous for bicyclists who choose to ride. According to Crash Dashboard data reported by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are around 824 bicycle accidents in Miami-Dade County every year. Hundreds of people are injured in these incidents, and 18-20 victims are killed annually.

While these statistics will probably not dissuade many riders from commuting via bicycle, they should convince you to be cautious. Talk to a Miami bike accident lawyer if you were hurt in such an incident; there are a few tips to remember when you are commuting rather than biking for fun.

Make Adjustments for Your Ride: You might not carry along much more than your wallet and some water when biking for fun, but your commute is a different scenario. It may be necessary to pack up an extra set of clothing, work-related papers and supplies, and other items. The extra load and potential imbalance on a two-wheeled bike may affect your safety, so you make necessary adjustments for stability.

November 6, 2020

NHTSA’s “Road to Zero” to Eliminate Traffic Fatalities by 2050

by Gerson & Schwartz, P.A.

Government officials and consumer groups often team up to raise awareness about public safety issues and empower people to protect themselves and their families. The Road to Zero Coalition,

managed by the National Safety Council (NSC) and supported by the National Highway Traffic Safety Administration (NHTSA), is an example of such an initiative. Together, these organizations have developed multiple strategies intended to end traffic-related fatalities in the US by 2050. The cornerstone of the plan hinges on NJTSA’s “Three Lanes,” which ideally would result in Zero roadway deaths if each path comes to fruition.

While public awareness campaigns about preventing auto crashes are important, the risk of serious crashes will persist as long as there are negligent motorists on South Florida roadways. It is essential to work with a Miami car accidents attorney to pursue your legal rights, but you might find it useful to review some basic information about the Road to Zero.

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