Miami premise liability attorneys Tag Archives

September 9, 2020

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

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

March 18, 2020

How Safe are Miami’s Indoor Trampoline Parks?

by Gerson & Schwartz, P.A.

Indoor trampoline parks seem like an ideal way to spend an afternoon with the family, but there are serious risks amidst all that fun. According to SafeBee, an initiative from United Laboratories (UL) dedicated to making neighborhoods and communities safe, the experience for many participants is cut short by a visit to the emergency room. There has even been one recorded fatality due to a broken neck incurred while jumping. The concerns for parents are troubling and understandable, since indoor trampoline parks are particularly appealing to children.

If you or someone you know was hurt in an accident while jumping at a trampoline park, a Miami premises liability attorney can assist with your legal options. To understand what they are, some background information may be helpful.

Statistics on Indoor Trampoline Injuries

February 5, 2020

Victims’ Rights for Injuries at Apartment Complexes

by Gerson & Schwartz, P.A.

Miami apartment living comes with many different conveniences and perks that residents find attractive, including access to a pool, fitness center, parking facilities, and other amenities. For some, one of the best benefits is having a landlord or property management company handle repairs and maintenance. There is a certain sense of comfort that comes with not being responsible for these issues, since you know that the overall costs are covered as part of your rent.

Of course, on the other side of things, your landlord’s responsibilities are also a critical component of the relationship. When those in control over apartment complexes do not live up to their legal obligations, their failures put residents, guests, and visitors at risk of serious injuries. A Miami slip and fall accident lawyer can explain your legal remedies if you were hurt, but some background information may be useful.

Liability for Dangerous Conditions

November 26, 2019

Should I Accept Free Stuff if I am Injured on Property?

by Gerson & Schwartz, P.A.

Florida law requires business and property owners to maintain their spaces in a reasonably safe condition, but many of them do not live up to their duties. Non-Fatal Injury Data gathered by the US Centers for Disease Control and Prevention reveals that the top cause of bodily harm for 2017 was accidental slip and falls, followed by unintentional strikes by an object – both of which are common in restaurants, stores, apartment buildings, office complexes, and other locations throughout Miami.

Under normal circumstances, you would file an insurance claim or go to court to pursue your remedies as a victim. However, instead of allowing the process to run its course, a property owner might try to avoid legal action by offering you something of value. There are many reasons Miami premises liability attorneys warn against this, so you should review some important information before accepting anything.

Why a Property Owner Might Offer You Perks

November 12, 2019

Can I Recover Compensation for Injuries at a Miami AirBnB?

by Gerson & Schwartz, P.A.

AirBnB and related home sharing services seem almost too good to be true. You can make arrangements to stay in a private home for a fee, which is often less than booking a hotel room. In a hot tourist destination like Miami, you can even get a unique or hard-to-get space that you would never have access to through traditional accommodations sources.

However, because AirBnB is such an innovative approach to lodging, you might wonder how your rights work if you are injured as a guest. Accidents often occur because of negligence, but you may not know where to begin with obtaining compensation for your losses. You can discuss the details with a Miami premises liability attorney, but read on for some general information about injuries and AirBnB rentals.

AirBnb Protects Guests with a $1,000,000 Insurance Policy

August 19, 2019

Crime Statistics and Miami Property Owner Duties Regarding Security

by Gerson & Schwartz, P.A.

Just as any other major metropolitan area, Miami sees its fair share of criminal activity. Neighborhood Scout, an online resource for information about crime, reveals that there have been more than 22,000 criminal incidents so far in 2019 – 3,358 of which involved violent offenses. These figures are derived from multiple sources, including arrests, incident reports, and other databases of criminal statistics.

While this information may be useful when you are searching for a new home, crime statistics may also be key evidence in a negligent security claim if you are injured because of property owner negligence. You can learn the specifics from a Miami premises liability lawyer, but you may also benefit from some general information about these cases.

Overview of Security in Premises Liability Claims

February 11, 2014

Florida Supreme Court Reinstates Personal Injury Award In Bizarre Premises Liability Case

by Gerson & Schwartz, P.A.

Recently, our Miami personal injury attorneys read a case in which the Florida Supreme Court issued a decision in Friedrich v. Fetterman & Associates, PA, reinstating a jury verdict for a plaintiff injured in a law office chair while visiting a law firm to consult about an unrelated personal injury claim.

In Friedrich, the plaintiff, Robert Friedrich, was injured in a 2010 car accident. Following the accident, Friedrich visited the offices of the defendant law firm for a consultation about his personal injury claim. While meeting with one of the firm’s attorneys, the office chair in which Friedrich was sitting collapsed, causing him to fall and strike his head. Following the incident, Friedrich’s medical problems from the automobile accident worsened, and he ended up having surgery.

Friedrich file a law suit against the law firm he consulted. In his suit, he claimed the law firm had been negligent in failing to inspect the chair, or warn him of the dangerous condition posed by the office chair. At trial, Friedrich presented an expert to testify that the firm should have performed a “hands-on inspection” of its chairs every six months. The expert claimed that such an inspection would have revealed the defect which caused the chair to collapse. Fetterman’s expert testified that the best inspection or test for a chair is for someone to sit on it, and that any inspection, including a flex test, would not have revealed the defect.