Miami premises liability attorneys

Trampoline Accidents

Published on: November 10, 2023 | by Gerson & Schwartz, P.A.

Whether you are young or old is not defined as much by how many years you have been on the Earth but rather by whether you regard jumping on a trampoline as fun or scary. Sure, it is fine if exactly the right part of your body lands on exactly the right part of the trampoline at exactly the right time, but what are the chances of that happening? If you think a trampoline presents a lot of opportunities for sustaining a serious injury, imagine a whole building the size of a big box retail store with enormous trampolines above hard, concrete floors. Behold the trampoline park, a site of catastrophic injuries waiting to happen, even when guests are not ziplining above the concrete floor at an even higher altitude than the trampoline would take them. All “jump at your own risk” signs aside, premises liability laws protect customers injured in preventable injuries at trampoline parks. If you have suffered serious injuries as a result of an accident involving a trampoline, contact a Miami premises liability lawyer.

Your Rights if You Get Injured at a Trampoline Park

Premises liability laws in Florida offer strong protections to paying customers who get injured in preventable accidents at places of business, including recreational facilities where visitors pay admission, such as trampoline parks. Trampoline parks usually set up their trampolines with safety nets as walls to prevent guests from falling off, and they often have partitions made of soft material to help guests stay a safe distance apart, but despite this, accidents where guests collide with each other or land on the trampoline in a bad position can cause serious injuries, including bone fractures and concussions.

Is Algae a Valid Reason to Sue?

Published on: November 3, 2023 | by Gerson & Schwartz, P.A.

Floridians have a healthy fear of algae. If you have ever owned a swimming pool, you have spent considerable effort trying to stop the slimy green stuff from forming on the surface of the pool. You shock your pool several times a week with hefty doses of chlorine and acid, and you test the levels of pool chemicals every day. Despite your efforts to keep algae at bay, you must admit that it is an essential part of Florida’s natural beauty when it grows on tree trunks or logs or when it floats on the surface of the water, providing the perfect camouflage for alligators. Most of us think of algae as an annoying eyesore rather than a genuine health hazard. Algae can contribute to accidents that result in serious injury. If you got injured because a property owner failed to remove algae from their property, contact a Miami premises liability lawyer.

How Dangerous Is Algae Growing on Surfaces?

Premises liability laws enable customers and invited guests to seek damages from the property owner if they get injured in a preventable accident on the owner’s property. Accidents where the plaintiff fell on a slippery surface and got injured account for a large percentage of premises liability cases.

New Law Limits Liability for Florida Apartment Complex Owners

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

Many Miami residents choose to rent their residences, taking advantage of the fact that the landlord handles maintenance, common areas, amenities, and other tasks. You have expectations of safety in the place that you call home, so security is at the top of the list when you consider landlord responsibilities. Proper security measures, including locks, lighting, and cameras, are critical in an urban area like Miami, where criminal activity occurs.

Until recently, residents have been able to hold landlords accountable for injuries from criminal attacks under the concept of premises liability. When the property owner is negligent with security, victims can seek monetary damages for their losses. A new law imposes some limitations on this theory of liability, so you should be aware of how it affects your rights. A Miami premises liability lawyer can assist with the legal process, but you can read on for an overview.

How the Law Works

What is a Miami Resort’s Duty to Protect Against Criminal Activity?

Published on: June 23, 2023 | by Gerson & Schwartz, P.A.

South Florida has always been a popular destination for tourism, but you might be surprised to learn how the figures have increased in recent years. According to the Greater Miami Convention and Visitors Bureau (GMCVB), more than 26.5 million visited the Miami area in 2022, including 19.2 million overnight visitors. This rise represents an increase of 2 million visitors over 2021, as people are drawn to the region for business trips and vacations.

Because of the year-round warm temperatures, sun, and beaches, many visitors are attracted to the all-inclusive properties, luxury accommodations, and other resorts. These gorgeous, lavish hotels offer all the amenities, so you might overlook the fact that some may be shirking their responsibilities regarding safety. Criminal activity is common in a large city, and resorts must protect guests. You should discuss your remedies with a Miami resort accident lawyer if you were injured in a criminal incident because operators do have responsibilities.

Duties of Resorts and Hotels

Property Owner Warning Signs and Florida Premises Liability Claims

Published on: October 14, 2022 | by Gerson & Schwartz, P.A.

Accidents are the fourth-leading cause of death in the US and a top reason that victims seek medical care for injuries, but you might be surprised at how the data breaks down. The US Centers for Disease Control and Prevention (CDC) reports that almost 201,000 are killed every year, and 97.9 million people head to the ER for treatment of unintentional injuries. However, contrary to popular misconception, just 20% of these incidents are motor vehicle collisions. More people are affected by falls and related accidents, many of which are preventable.

You are in an ideal position to prevent accidents at home, but there can be hidden dangers in the businesses you visit. Owners can be held accountable under Florida law, so they may attempt to “unhide” hazards by posting warning signs. Help from a Miami premises liability lawyer is essential for addressing such a defense, though some basic information is useful.

Property Owner’s Duty of Care

Actual v. Constructive Notice in Florida Slip and Fall Cases

Published on: July 8, 2022 | by Gerson & Schwartz, P.A.

People tend to point at motor vehicle accidents as the biggest safety concern, so you might be surprised to learn how slip and fall incidents rank in terms of harm to victims. According to the US Centers for Disease Control and Prevention (CDC), almost 37,500 people are killed every year because of unintentional injuries from falls. In addition, more than 6.8 million victims seek treatment in hospital emergency rooms annually from accidental slip and falls. While it is true that the elderly are more at risk, the statistics reveal that these incidents affect all age groups.

Fortunately, Florida personal injury laws protect the interests of victims. The concept of premises liability applies, though many people refer to accidents as “slip and falls” because of how they happen. Premises liability deals with a property owner’s duty, which depends in part upon having notice of a dangerous condition. A Miami slip and fall attorney will help with important tasks, though an overview is informative.

How Notice Works in Premises Liability Claims

Top Causes of Miami Accidents and Your Remedies as an Injured Victim

Published on: July 1, 2022 | by Gerson & Schwartz, P.A.

Accidents are a leading cause of death and disability in the US, but you might not appreciate the risks of being injured as you go about your day in Miami. Data from the US Centers for Disease Control and Prevention (CDC) is disturbing: Unintentional injuries kill almost 201,000 fatalities yearly, placing them in the #4 spot after heart disease, cancer, and COVID. Plus, accidents send almost 98 million people to the ER, while another 25 million people visit their primary care physician for treatment of unintentional injuries.

Personal injury accidents are preventable and usually only occur because of negligent acts, so it is reassuring to know that Florida law protects your interests. However, there are multiple remedies available depending on the circumstances, and you must meet the relevant legal requirements to qualify for compensation. It is wise to get help from a Miami personal injury and accident lawyer if you were hurt because of:

Motor Vehicle Collisions

Are Florida HOAs Liable for Injuries on Property?

Published on: May 6, 2022 | by Gerson & Schwartz, P.A.

There are two schools of thought on living in a Florida homeowners’ association (HOA): Some people view the environment as being too restrictive, while others appreciate the security, convenience, and amenities. Regardless of which side you occupy, the community lifestyle is massively popular in Florida. According to Realtor magazine, there are 48,500 HOAs in the Sunshine state that are home to more than 9.56 million residents. You might not opt to reside in one, but there is a good chance that you will encounter HOA living when visiting friends or family.

Fortunately, both residents and their guests are protected by Florida premises liability laws if hurt on HOA property. Just as any other property owner must maintain their spaces in a reasonably safe condition, a condo or homeowners’ associate can be held accountable. You should consult with a Miami premises liability lawyer if you were hurt, but you can read on for some basics.

Common Types of Accidents on HOA Property

Serious Soft Tissue Injuries in Miami Slip and Fall Accidents

Published on: February 11, 2022 | by Gerson & Schwartz, P.A.

The violent impact of a slip and fall accident can lead to a wide range of injuries, and the most serious ones will obviously require immediate medical attention. You know to head to the ER or urgent care center immediately if you suffer excessive bleeding, broken bones, head injuries, or related trauma. However, it is also common for victims to suffer soft tissue injuries that they may not even realize. Medical professionals at Johns Hopkins Medicine define soft tissue injuries as trauma and damage to the various muscles, ligaments, and tendons throughout the body.

Florida premises liability laws allow you to recover compensation when a property owner’s negligence causes soft tissue injuries, but there can be challenges even when fault is clear. It is wise to retain a Miami slip and fall accident lawyer to tackle the legal burdens, but some background information is useful.

How Slip and Fall Accidents Cause Soft Tissue Injuries

Recent Miami Shooting Raises Important Liability Questions

Published on: August 27, 2021 | by Gerson & Schwartz, P.A.

A 12-year-old girl and adult woman are both recovering after suffering injuries in a shooting at an apartment complex in Miami-Dade County on August 17, 2021. A South Florida’s Local 10 News article recounted what transpired and how the innocent bystanders were hurt as they were caught in the crossfire of a possible gang dispute. According to the Opa-locka Police Department, a fight erupted in an intersection near the apartment building and its on-site playground. Several gunmen fired their weapons before fleeing the scene, injuring the girl who was playing in the outdoor space. Another shot broke the window in one of the apartment units, causing injuries to the woman.

Police were able to make an arrest after reviewing surveillance video, so having the identity of the offender would enable victims to proceed with legal action to recover monetary damages. However, the circumstances indicate that these individuals may also have other legal options. While you can rely on a Miami crime victims lawyer to provide details about liability in a shooting, some answers to common questions may help.

Can I pursue the shooter? If you suffered injuries after being shot, you can definitely proceed to take legal action against the wrongdoer. The problem is that this person may be imprisoned if convicted of a crime, a phenomenon referred to in the legal field as being “judgment proof”: You cannot collect damages from someone who has no income or assets to satisfy the judgment, which is often the case with someone in prison. It is still possible to recover, but the challenges are considerable.