negligent security

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

Statistics on Gun Violence in South Florida

Published on: December 31, 2021 | by Gerson & Schwartz, P.A.

There can be no question that gun violence is a problem nationwide, but a look at statistics sheds some light on the issue in Florida. According to the Florida Department of Law Enforcement (FDLE), more than 110,000 people are arrested statewide for such crimes as manslaughter, assault, robbery and homicide. Firearms were used in 74% of the murders, 36% of robberies, and more than one-quarter of assaults. If you were hurt or lost a loved one to gun violence, it is encouraging to know that criminal laws are tough on offenders.

However, seeing your assailant sentenced to jail time and other punishment does nothing to compensate for the extreme losses you suffer. To recover monetary damages, you must seek civil remedies – often against a party you might not expect. A Miami crime victims lawyer will guide you through the process, but additional figures on shootings may be helpful.

Additional Statistics on Guns and Violent Crime

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.