Miami premises liability attorneys

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.

Champlain Towers Condo Collapse: Early Assessment of Causes, Contributing Factors in the Surfside Tragedy

Published on: June 25, 2021 | by Gerson & Schwartz, P.A.

What should have been a balmy seaside morning in Miami quickly turned to chaos, confusion, and horror on June 24, 2021 as a 12 story, 130 unit condominium Champlain Condominium building suddenly collapsed. Miami’s NBC affiliate News Channel 6 covered the incident, with at least one witness describing the Champlain Towers South Condo as falling flat like a pancake into a pile of rubble. First responders arrived from Miami Beach and Miami-Dade County to assist with the search and rescue effort which will continue and be followed by a thorough investigation. The level of mass destruction demands a meticulous probe into how such a tragedy could happen.

The focus right now is on search and rescue, helping survivors, helping displaced residents and comforting families. In time, victims and their family members will want to understand their legal rights and remedies. Many of the issues will revolve around Florida premises liability concepts, potential violations of the Florida Building Code, and other details which will depend upon the results of officials’ investigation. At Gerson and Schwartz, our hearts go out to all victims and those affected. We continue to investigate and gather information. Still, here is a summary of the information available now.

Updated Facts on the Champlain Condo Building Collapse in Surfside

How Florida Premises Liability Laws Apply to Miami Convenience Stores

Published on: December 18, 2020 | by Gerson & Schwartz, P.A.

While it may not be a place where you shop often, there is a good chance that you visit a South Florida convenience store from time to time for gas, a quick snack, lottery tickets, or other basics. Unfortunately, these spots can be a target for various forms of criminal activity. The 24×7 hours, limited number of employees, availability of cash, and other factors can make these stores dangerous for customers. If you are familiar with basic laws regarding premises liability, you may know that it is possible to pursue a convenience store owner for monetary damages under the theory of negligent security.

However, what you do not know is that Florida law has carved out an exception for property owners when their premises constitute a convenience store under the statutory definition. Your Miami premises liability attorney can explain the details and assist with your case, but some information on the legal issues may be helpful.

Overview of Premises Liability and Negligent Security