negligence

March 3, 2021

What if the At-Fault Driver Was Not Ticketed After My Miami Car Accident?

While the majority of Miami car accidents are linked to careless acts by drivers, the most common root cause of these incidents is violations of Florida Rules of the Road. Traffic laws are well-known to all motorists, so they are aware of their legal duties. When they do not comply with regulations aimed at keeping people safe, drivers put other road users at risk. If you were hurt in such a collision, you probably expect that the at-fault motorist will be ticketed, and you can use this information to support your claim.

However, you might be surprised to find that drivers often do not receive a traffic citation after a crash. You probably wonder about your rights under these circumstances, so trust a Miami car accident lawyer to explain how the laws work. Some general information may also help you understand the relevant concepts.

Traffic Tickets are Separate From Civil Remedies

September 9, 2020

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

by Gerson & Schwartz, P.A.

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

October 17, 2019

Speeding is a Primary Factor in Miami Car Accidents

by Gerson & Schwartz, P.A.

Most drivers are well-aware of the dangers of speeding, but recent information published by the National Highway Traffic Safety Administration (NHTSA) sheds some light on the severity of the problem. Speeding has been a factor in around one-third of all fatal motor vehicle accidents for the last 20 years, and it contributed to 26% of such incidents in 2017. Not only does speed lead to a high number of fatalities, but it is also a top cause of serious injury-causing crashes.

If you were hurt or lost a loved one in an auto collision caused by someone else’s negligent acts, including speeding, it is important to contact a Miami car accidents attorney right away. In the meantime, you can also review some information on the dangers of speeding.

How Speed Limits Impact Safety on Florida’s Roads

August 27, 2019

Common Personal Injury Cases in Miami That are Not Car Accidents

by Gerson & Schwartz, P.A.

Many people commonly associate personal injury cases with car accidents, and it is true that many of these matters involve collisions. According to the Florida Department of Highway Safety and Motor Vehicles Crash Dashboard for 2018, there were more than 646,000 crashes in Miami-Dade County alone.

However, there are many other types of accidents and incidents that lead to serious injuries for victims, many of which could have been avoided. Discuss your situation with a Miami personal injury attorney if you were hurt under any of the following circumstances.

Negligence-Based Claims

February 27, 2017

Shot in a Donut Shop: Suing for Negligence After a Firearms Accident

by Gerson & Schwartz, P.A.

For many people, the day doesn’t really start until they have had their morning coffee. Usually, the worst thing that happens while trying to get a caffeine fix is that the line at the coffee shop is too long. For one South Florida woman, her morning coffee stop ended in a trip to the hospital after she was accidentally shot by another patron’s firearm.

When a gun owner fails to follow proper gun safety protocols, he or she can be liable for any injuries that occur. If you have been injured by an act of negligence, a Miami personal injury attorney can help you get the compensation you need to recover from your injuries.

Gun Owner Negligence Can Lead to Civil Lawsuits

May 27, 2016

Fatal DUI Accidents and Wrongful Death in Florida

by Gerson & Schwartz, P.A.

Per Florida statute, a person shall be charged with driving under the influence if he or she has a “breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.” In Florida, as in other states, DUIs are a daily threat to public safety. As a matter of fact, per Mothers Against Drunk Drivers (“MADD”), 27.5% of all traffic fatalities in Florida involve drunk drivers. In the 2014 alone, there were 40,677 DUI arrests.

A doctor, 61-year-old Eric Martin Spivack, living in South Florida, was arrested for the crash that killed a pedestrian in North Miami Beach. Spivack faces a DUI manslaughter charge. Spivack, a cardiologist, was driving when he fatally struck Yakov Duboschinskiy, 77 years of age. Duboshinskiy was crossing the street when he was hit. When police arrived at the scene, they noted that Spivack smelled of alcohol. A toxicology test would later reveal that Spivack had a blood-alcohol level of .087. This is above the legal limit of .08. Spivack also had traces of codeine in his system.

If you or a loved one are a victim of a crime, it is imperative you hire an experienced attorney. The Miami crime victim lawyers at Gerson & Schwartz, PA provide high quality legal representation. For more information call us toll free at (877) 475-2905 or contact us online to set up a FREE initial consultation.

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

April 29, 2016

Bounce Houses Taking Flight

by Gerson & Schwartz, P.A.

Recently, on the beach of Fort Lauderdale, Florida, a young boy was playing in a bounce house when, all of a sudden, 85 miles per hour wind gusts triggered the bounce house to take flight causing the young boy to fall about 20 feet to the sand, breaking his arm. His parents filed a lawsuit against the city and the vendor, All Star Events, for damages. Said lawsuit alleges All Star Events was negligent in the way it assembled and secured the bounce house, failed to warn of the risks, failed to monitor the weather, and its failure to train personnel for emergencies, and other claims. The boy’s parents argue that All Star Events breached its duty of providing a safe environment for guests.

If you or a loved one sustained an injury at the fault of another person, it is imperative that you seek legal representation. Doing so will increase your chances of adequate compensation. The experienced Miami personal injury attorneys at Gerson & Schwartz, PA are here for you. Our attorneys have been representing accident victims and their families throughout Miami, Fort Lauderdale and other parts of South Florida for more than 43 years.

Statute of Limitations

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

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.