miami premises liability lawyer Tag Archives

November 4, 2020

Shop Owner Liability for Fatal Shooting Incident in South Florida

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

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

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.

November 20, 2015

Fourth Settlement Reached Over Negligent Security in Apartment Shootings

by Gerson & Schwartz, P.A.

In November a Miami apartment complex settled its fourth negligent security case in four months. The 9-year-old son of a man shot in April was awarded $1.45 million because the apartment failed to provide adequate security precautions for its residents. If you have been injured or had a loved one killed on a premise with negligent security, contact a Miami Negligent Security Attorney.

This newest settlement was shortly preceded by three other settlements of three men who were shot at a Super Bowl party in the complex and one of the men was killed. The two surviving men and the family of the decedent received a combined $2.4 million settlement.

The lawyer of the case found that the apartment complex owners did not hire security guards or off-duty police officers to patrol the building, there were no security cameras, insufficient lighting and one of the gates meant to restrict access to the complex was missing. These are all serious blunders by the apartment administration that could have made it easier for shooters to gain access to the complex.