Best Lawyers
Million Dollar Advocates Forum
Best Lawyers 2023
Super Lawyers
Justia Lawyer Rating
Legal Elite
2019 Top 3 Personal Injury Lawyer in Miami
Best Lawyers 2018

Uninsured Negligent Security Cases

Skill and experience mark a good law firm. But the best firms - the ones that take, and win, the cases that seem impossible have something else, too: creativity and determination. With the insurance industry eliminating coverage for assault-and-battery incidents at commercial establishments, too many crime victims are finding that lawyers won't take their case. It's easy to understand why: Without insurance coverage, recovery may be nonexistent. And for crime victims, this seems to further the injustice. It's a trend we don't like - and we're fighting back. We're doing so by taking these cases. And through creativity and determination, we're winning them. In numerous uninsured cases, we've recovered substantial damages from business and property owners vindicating the rights of our clients and helping them obtain the recovery, and accountability, they deserve.

We've been successful because we've changed the game taking "uninsured" cases. By looking to the owner of the property rather than the lessee or operator of the business on the premises we've been able to establish their duty to our clients, and their failure to meet it. In some cases, we've shown that the owner knew, or should have known, that violence that began inside an establishment such as a bar fight would spill out into common areas, like a parking lot, and reasonable measures, including adequate security, should have been taken. We've found that there's often a history of violence, and owners have, wrongly, averted their eyes.

We've also won cases by showing that property owners were negligent by failing to evict problem tenants for example, a nightclub was well known for violence and drug dealing. By closing their eyes to what was going on and what was bound to happen down the road owners are liable for the harm our clients suffered. And juries have agreed.

Defendants not covered by insurance are footing their own legal bills and worried about what the jury may award. These defendants are much more likely to come to the table and do what is right without having a jury tell them to. It's not just property owners who face potential liability, either. We just successfully settled an important case against an insurance agent who failed in his duty to adequately provide assault-and-battery coverage (still available at the time) to a property owner. During the case, we discovered that the establishment had been the scene of a criminal attack almost identical to the one our client suffered several years later. But when new owners subsequently took over, the insurance agent didn't share that information -- or help them get coverage. When our client was injured, we sued the agent, who was covered by his errors-and-omissions carrier. Ironically, the settlement was for almost the same amount the insurance policy would have paid

These cases are just one way we're using the civil courts to fight for the rights of crime victims. We've brought actions against sexual offenders, too. Most people are surprised to learn that many predators are affluent and well-educated, often holding good jobs. This makes it easier for them to hide their criminal acts. But it also makes it easier for us to recover monetary damages for the harm they have caused.

Yet perhaps the most important thing we've learned is this: It's often possible to win an "impossible" case. Clients and lawyers shouldn't give up if there is no available insurance. We've learned how to work around the new rules, and realities, of these cases. And we're ready to work with and help crime victims and law firms. Before you turn away a serious injury case that seems "impos- sible", call us. We want to help!

Client Reviews

I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up. Brandon Parrelli, Google User
A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read the full review » Jhlechia Ervin
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User