Premise Liability

What Evidence Do You Need to Win a Slip and Fall Accident Lawsuit in Miami?

Published on: June 13, 2025 | by Gerson & Schwartz, P.A.

For victims who suffer injuries on property, an important question regarding their rights is what evidence is required to win a slip and fall accident lawsuit in Miami. Under Florida’s Evidence Code, the relevant concepts are broad. Relevant evidence is that which proves or disproves a material fact, and all relevant evidence is admissible in court.

However, not all evidence that you can introduce in court will be helpful for your case. You need solid proof related to liability and damages, and you need it even before filing a lawsuit. A Miami slip and fall attorney will tackle the details, but an overview of evidence in premises liability cases is insightful.

How to Prove Negligence in a Florida Premises Liability Case

What is Pain and Suffering for a Premises Liability Case in Miami?

Published on: April 11, 2025 | by Gerson & Schwartz, P.A.

When you are hurt at a store, restaurant, park, or other public place in Miami, you have rights as a victim. Personal injury laws provide you with legal remedies, specifically under a negligence-based theory called premises liability. There is a deadline for these cases since Florida’s statute of limitations is two years. If you meet the requirements, you might qualify for compensation as an injured victim.

A portion of your compensation may include pain and suffering, which is a concept that is helpful to know when going through the legal process. A Miami premises liability attorney can assist with your remedies, but some information about damages for pain and suffering is useful.

What is Pain and Suffering in Miami Personal Injury Cases?

What Evidence Do You Need to Win a Slip and Fall Accident Lawsuit in Miami?

Published on: February 28, 2025 | by Gerson & Schwartz, P.A.

For victims who suffer injuries on property, an important question regarding your rights is what evidence is required to win a slip and fall accident lawsuit in Miami. Under the Florida’s Evidence Code, the relevant concepts are broad. Relevant evidence is that which proves or disproves a material fact, and all relevant evidence is admissible in court.

However, not all evidence that you can introduce in court will be helpful for your case. You need solid proof related to liability and damages, and you need it even before filing a lawsuit. A Miami slip and fall attorney will tackle the details, but an overview of evidence in premises liability cases is insightful.

How to Prove Negligence in a Florida Premises Liability Case

Comprehensive Guide to Miami’s Slip and Fall Laws

Published on: December 27, 2024 | by Gerson & Schwartz, P.A.

Slip and fall accidents are common around Miami restaurants, stores, parks, and other businesses, often leading to serious injuries. Broken bones, back and neck injuries, head trauma, and other injuries are common. Fortunately, you have legal remedies under Florida law if you were hurt in an accident on property, and your rights are grounded in premises liability concepts.

In addition to premises liability details, having in-depth knowledge of several other laws that impact your rights is critical. A Miami slip and fall accidents lawyer can explain how the following legal concepts impact your unique situation.

Premises Liability Overview

Who is Liable for Accidents at Resort Beaches in Florida?

Published on: August 30, 2024 | by Gerson & Schwartz, P.A.

The reasons for the nickname “Sunshine State” are obvious, since the beautiful resort beaches of Florida attract visitors from around the world seeking relaxation and enjoyment. A publication on Florida’s Hotel Industry, By the Numbers, includes a snapshot regarding hotels, resorts, and vacation clubs. The statistics reveal that there are almost 4,500 properties in the state and counting, with new developments monthly. These resorts offer around 483,000 guestrooms to visitors.

However, accidents at resort beaches can happen, turning a dream vacation into a nightmare. If you or a loved one was injured at a hotel beach in Florida, you may wonder about liability. Determining which parties are responsible for accidents is crucial for your legal claim. A Miami resort accident lawyer will explain how liability works, but you may benefit from reviewing some key factors.

1. Resort Legal Duties

What Type of Case is a Slip and Fall in Florida?

Published on: July 5, 2024 | by Gerson & Schwartz, P.A.

For many Florida residents, the notion of pursuing an at-fault party for injuries is typically something associated with traffic accidents. You might be surprised to learn that slip and fall incidents actually claim the lives of more victims annually. According to the US Centers for Disease Control and Prevention (CDC), unintentional falls cause around 44,630 deaths every year, while 44,534 victims are killed in motor vehicle crashes. With both types of accidents, the losses for victims can be significant.

Fortunately, the laws that apply to auto collisions also provide rights for victims of slip and falls because both are personal injury claims under Florida law. You have legal remedies, so it is important to discuss them with a Miami slip and fall accidents attorney. Some answers to frequently asked questions are also useful.

What is the legal basis for a slip and fall?

Defenses Property Owners Use to Defeat Accident Claims in Florida

Published on: May 10, 2024 | by Gerson & Schwartz, P.A.

You are in charge of your own safety when at home, but there are risks all around you when you step outside your door because not all property owners are as diligent. It is not surprising to learn that traffic collisions are among the top causes of injuries in the US, according to the National Security Council (NSC), but the incidence of falls may be shocking. Slip and fall accidents are the third leading cause of fatalities in the nation, and they are the #1 cause of death in 5 US states. Many of these incidents occur because of dangerous conditions on property, such as restaurants, parks, attractions, stores, parking lots, apartment complexes, office buildings, and many more.

Florida property owners have a duty to maintain a safe space under Florida law, so they can be held accountable when a victim is injured. Still, defendants will attempt to shirk their responsibility by raising defenses to the claim. It is important to get help from a Miami premises liability attorney for assistance with overcoming the crucial defenses.

Posted Warning Signs

Your Rights After Pool Accidents at Florida Resorts

Published on: March 22, 2024 | by Gerson & Schwartz, P.A.

The highlight of many resort vacations in Florida is the vast array of water features, including pools, slides, splash pads, surfing simulators, and hot tubs. However, many of these fun-filled amenities can lead to tragedy when pool accidents and drownings occur. Sadly, data reported by the National Safety Council (NSC) indicates that children are most affected by these incidents. More children aged infant to 4 years old die from drowning than any other cause of death. Plus, around 6,400 children under the age of 15 are treated in hospital ERs for pool injuries every year.

For victims of all ages, it is a comfort to know that Florida personal injury laws hold careless resorts accountable for accidents involving pools, spas, and water attractions. To ensure a smooth process, it is wise to work with a Miami resort accident lawyer with experience pursuing these businesses. Some background about your rights is also useful.

Legal Claims for Pool Accidents

Slip and Fall Accidents Can Cause Serious Injury

Published on: February 9, 2024 | by Gerson & Schwartz, P.A.

Slip and fall accidents are a ubiquitous part of childhood, but when was the last time you suffered an accidental fall as an adult? People tend to think that anyone between the ages of 13 and 65 who gets injured in an accidental fall must be unusually careless or unlucky. In the silent film era, Buster Keaton made a career of the unexpectedness of seeing adults fall down.

When an apparently healthy adult suffers an accidental fall at a place of business, the cynical voices of the blogosphere and the social media platform formerly known as Twitter will start to speculate that the person is faking it and is just trying to cash in on a premises liability claim. Consider Slippin’ Jimmy from Better Call Saul.

Unfortunately, businesses, which are legally responsible for preventable accidental injuries that occur on their premises, are all too willing to capitalize on the lack of public sympathy for victims of accidental falls and to use this to bully you into accepting a premises liability settlement that does not cover the full cost of your accident-related medical bills. For help getting a sufficient settlement amount for your premises liability claim, contact a Miami premises liability lawyer.

Spinal Injuries in Florida Slip and Fall Accidents

Published on: December 22, 2023 | by Gerson & Schwartz, P.A.

A slip and fall accident could affect any part of the body, whether the injury comes from striking a hard surface, attempting to break the fall, or trying to mitigate harm. Because of the role the spine plays in terms of providing stability, mobility, and flexibility, a victim will often suffer injuries to the spinal cord. The National Spinal Cord Injury Statistical Center (NSCISC) reports that falls rank second for causing trauma to the spinal cord, while auto crashes top the list. Slip and fall incidents are responsible for 32.2% of all spinal cord injuries.

If you sustained trauma to the spinal cord, the implications could be extremely serious. You do have legal remedies, such as pursuing a negligent property owner for not maintaining the premises. A Miami slip and fall accidents attorney will assist with recovering monetary damages for your losses, but you can check out some basics about spinal cord injuries.

Types of Spinal Cord Injuries