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Articles Posted in Premises Liability

MIAMI BEACH MAYOR – LAST CALL FOR ALCOHOL

GIN-300x199Spring break crowds & tourists may be in for a surprise when going for a drink after two a.m. throughout March. A 2 a.m. last call is what the Miami Beach Mayor is pushing for during spring break at popular places in & around Miami Beach. These areas would include hot spots like Ocean Drive & Collins Avenue among others. At present, last call for alcohol at Miami Beach pubs and bars stands at just before sunrise at 5 a.m. The 2 a.m. last call law will be voted upon this Wednesday and if passed, go into effect March 6th and last until March 23rd and apply to the sale of alcohol to be consumed at restaurants, outdoor cafes, bars, and clubs. The last call measures aim to lower the risk of incidents which may lead to aggressive or negligent behavior by the spring break festivity partakers. The proposed law is highly favored by Miami beach residents, who sometimes fall victim to the negligent behavior stemming from the irresponsible sale of alcohol to spring breakers. However, the 2 a.m. last call measure is somewhat frowned upon by Miami Beach businesses like hotels, bars, restaurants, and entertainment events. Operators and owners claim it hurts business and discourages tourism. At present, those wanting to purchase beer or wine at supermarkets and convenience shops can do so until 8 p.m. throughout the Miami Beach entertainment district. Many times it’s not bars and restaurants where rowdiness happens but rather at the beach when Spring Breakers take six packs and kegs to the sands by the breaking waves of Florida coast.

ALCOHOL AND PREMISES LIABILITY

veterans-stadium-1231877-e1580602450426-209x300SUPER BOWL 54 AND STADIUM SAFETY

Super Bowl 54 is expected to host over 60 thousand fans, with thousands of service providers working behind stage to make sure one of the greatest sporting events of the year makes for a memorable moment. But how important is it to remember to stay safe? Hard Rock Stadium in Miami Gardens will be the site of Super Bowl 54 and its facilities and service providers must meet strict safety standards guided by the  Florida Department of Agriculture, which has given the stadium the green light for service food and beverage provision during the event. However, the same law does not apply to food trucks & restaurants, which are inspected by the Florida Department of Business and Professional Regulation. Public business operators that provide access to their public premises owe a duty through premises liability to provide safe environments & security in & around the establishment. This includes safe walking surfaces, installations & food service providers. In this case, Hard Rock Stadium owes a duty to attendees and workers alike by making sure parking lots, ramps, stairs and exits pose not risk of injury, damages or losses during events such as Super Bowl 54 in Miami-Gardens. Hard Rock Stadium and Super Bowl 54 is just one mere example of the magnitude of safety precautions visitors and fans must take when attending a sports venue or stadiums used for other forms of entertainment. Stadium accidents are quite common; stemming from areas such as slip and fall, food poisoning, or injuries from a structural collapse for example. Ramps, steps and aisle space are common places for stadium accidents as those that have consumed an over excessive amount of beer may find it hard to keep their balance. Intoxication from beverages sold at stadium concession stands can be justifiably questions if the staff member negligently served an obviously intoxicated fans more alcohol. In Miami, the Perazzo Law Firm understands slip and falls in stadiums and entertainment venues. Slippery steps can lead to accidents that result in injuries that can be the result of negligence. Food poisoning from eating contaminated substances can lead to serious illness and injury in a stadium; especially while on sloped and narrow steps or ramps. Falling while intoxicated can lead to fractures and other injuries. Food and beverage business operators are obliged to meet strict controls to guarantee the foods they sell is safe to consume. Failure to meet health safety standards that cause injury or losses may justify an accident claim for compensation. The Perazzo Law Firm staff and attorney strive to provide the best possible legal advice to help sport stadium visitors stay safe and know what to do if hurt or injured in a stadium. In Miami, stadium accidents can result from many factors. Some may include:

  • Intoxication

DRY PALM TREE BRANCH CRUSHES TOURIST

https://www.floridainjuryblog.com/wp-content/uploads/sites/430/2019/12/WhatsApp-Image-2019-12-28-at-16.41.57-225x300.jpegA 46-year old woman from Argentina was crushed by a dry palm tree branch that came swooshing down from atop a 100 ft palm tree overlooking the pool of a quaint and quiet family hotel. The hotel pool accident victim was resting on a lounge chair when a 15-foot-long dried-out branch broke-off from an overhead palm tree. According to the accident victim’s family, the woman, a mother of three, screamed as the branch came thundering down and landed on top of her. “I was in the pool when I heard a loud swooshing sound. At first, I thought it was a wild animal like an alligator or lizard in the bushes, but then I noticed something huge falling from the tree,” recalls the victim’s husband. Hotel staffed quickly assisted the woman by tending to the multiple cuts, scrapes, and bruises extending throughout her entire body. She was later taken to a local hospital for further treatment to wounds and evaluation. Her husband in the meantime, has contacted the service of a trusted personal injury lawyer in Miami to help with a possible premise’s liability claim for compensation. According to the hotel accident victim’s husband, a 52-year-old schoolteacher, the pool has at least three very tall palm trees, many of them full of dry branches just waiting to fall. “I’m no lawyer but I know that hotels and motels need to make sure trees don’t fall on their guest’s heads while they’re sitting by the pool. My wife is lucky to be alive, but she’ll never sit by a pool the same way again!” stated the victim’s angry husband.

HOTEL SWIMMING POOLS AND THE LAW

Miami-construction-site-accident-lawyer-300x223Little Havana Strip Mall Renovation Leads to Injury

LITTLE HAVANA: A wooden overhang collapsed and struck a pedestrian on the head this past Tuesday in Little Havana. In what can be considered a construction site accident with hints of premises liability, the incident led to an innocent bystander being rushed to Jackson Memorial Hospital for emergency treatment. The construction-site accident took place at 1150 SW First St. and led to Southwest 12th Avenue being closed-off from First to Second streets. The renovation project of the Little Havana strip mall and the cause of structure collapse will be investigated by city building officials.

Perazzo Law Shares Construction Site Accident Basicshard-hat-area-1455626-300x215

Memorial Day Weekend in Miami – Mayhem on the Horizon

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Memorial Day Weekend in Miami

City officials and business owners in-and-around Miami Beach are preparing to welcome thousands of visitors eager for a dose of unforgettable fun under the Florida sun. With Memorial Day weekend just around the corner, Miami Beach is putting the finishing touches on its scheduled concerts, exhibits, and high-flying events. Also known as Urban Beach Week, which attracts the hip-hop and party-going crowds, this year’s organizers are aiming to compliment the hip-hop party scene with activities that appeal to visitors of from all walks of life. For example, movie-buffs will be able to enjoy screenings of films by Spike Lee, while art lovers can visit and mingle with local artists at the cultural festival called “Re:Frame”. Furthermore, Miami Beach city officials and organizers will be offering the Air and Sea Show, which will exhibit military aircraft, vehicles, and gear. Miami Beach has put together a week’s worth of entertainment options for visitors, and has also designed a logistics plan to keep Memorial Day Weekend traffic from turning into motorist mayhem in Miami.

Slip, Trip, & Fall Accidents / Steps, Stairs, & Ramps

Perazzo Law Shares Falling Down BasicsIMG_0992-300x225

Steps, stairs and ramps that are not properly designed to safeguard against a potential slip, trip or fall accident can lead to a potential personal injury accident claim for compensation in the event of bodily harm, lost wages, or wrongful death due to negligent property owners, business operators, or private  and public institutions. If you, a friend, or relative has suffered a slip, trip or fall accident in Miami when walking up the steps; down a staircase, or on a ramp, there is a chance that the accident may have been prevented. Injuries that occur when climbing up the steps can result in knee or shoulder injury, which depending on the trip accident victim’s age, may require medical care. Slipping on a staircase in shopping mall can result in back injuries, which depending on the person’s physical stature, can lead to spinal cord injury. Sometimes people that slip on a wet surface in Publix may also suffer leg, hip, or shoulder injuries that may require medical attention. Any ones who’s ever been to a doctor knows what a visit to the hospital means to your budget. The elderly are most at high risk of suffering bodily injury from a slip, trip or fall accident in Miami, that is public and private business establishments must provide handrails, clearly marked steps, and level why staircases, steps, and ramps in such as shops, malls, hotels, and anywhere the elderly may. Shop entrances are a common place for trip and fall accidents.

Man Stabbed in Shopping Mall Parking Lot

parking-lot-1192868-214x300West Palm Beach: In a lawsuit brought on by a man stabbed in the parking lot at a West Palm Beach shopping mall, the insurance company was ruled liable for the victim’s injuries. Despite the insurance provider claiming it owed no duty to defend or compensate the stabbing victim for his injuries based on an exclusion to coverage, a federal judge ruled otherwise. Even though the fight did not take place within the bar and grill itself, business operators and owners owe a duty to its patrons to provide safety, both within and outside of the premises which they operate, rent, or own. Jupiter West Plaza, which rents out the space to Uncle Mick’s Bar and Grill, has Mt. Hawley as its insurance provider, which according to Judge Kenneth Marra of the U.S. District Court for the Southern District of Florida, “Mt. Hawley is not entitled to a declaratory judgment that there is no coverage under the policy for the claims asserted by Frye in the underlying liability action.” Adding: “Mt. Hawley has a continuing duty to defend the claims against the policy holders set forth in the underlying complaint.”

PERAZZO LAW SHARES INSIGHT INTO PREMISES LIABILITY CLAIMS AND PARKING LOT ACCIDENTS

shopping-handbag-1514074Burlington Incorporated Pays Injured Shopper $677,000 For Injuries

MIAMI – When a table display came crashing down upon a Palm Beach woman shopping at a Burlington store, a personal injury claim followed, which led to a federal judge ruling in her favor for $677,000 in compensation for the injuries she suffered. The U.S. District Court for the Southern District of Florida ruled in her favor in the case which dates back to July 2016, after the victim was struck by several tables that resulted in extensive medical attention, spinal cord surgery, a probable future surgical intervention to repair damage to he knees, which prevents her from taking part in the recreational activities she was able to do prior to the accident. According to the court ruling, there was a breach of duty by not taking precautionary measures to prevent the injuries she suffered when the entire table display fell on her. The  victim requested just over $215,000 in damages to cover medical expenses and loss of wages as well as $750,000 dollars for past, present, and future pain and suffering. In the end, the U.S district judge ordered Burlington Inc. to compensate the Premises Liability accident victim a total of $677,745 for her injuries and losses.

balance-1172786-300x204PERAZZO LAW SHARES BEST INSIGHT FOR PREMISES LIABILITY ACCIDENT CLAIMS

PERAZZO LAW SERVES PREMISES LIABILITY AND FOOD POISONING CLAIMS

old-hands-1559233-300x225KEEP YOUR HANDS OFF MY FOOD!

MIAMI-DADE. A recent string of inspections led by the Department of Agriculture found that a total of 15 food outlets, distributors, and warehouses across Miami-Dade were in direct violation of health safety standards and proper hygiene implementation. The health inspectors reported violations that range from no hot water in bathroom sinks, to a potpourri of animal feces sprinkled over packed consumer goods. In most of the cases, the major risk to consumers comes from the lack of personal hygiene by workers handling food, since the inspectors found that many food handlers failed to wash their hands properly, either from personal negligence or lack of resources such as hot water, soap, or paper towels. Reports also state that kitchen staff could be seen rubbing their noses and touching their faces while handling food. Spoiled or rotten goods were also reported to have been found as well as meat slicers bearing remnants of leftover food particles along the blades, trays, and other parts. In accordance with proper health safety measures, meat slicers must be thoroughly cleaned and sanitized regularly to prevent disease through bacteria build-up. When it comes to washing dishes and utensils used in food preparation, the absence of hot water can many times result in poorly sanitized foodware. Thus was the case in several popular Miami-Dade food establishments according to the official inspection reports.

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The Perazzo Law Firm Shares insight into Premises Liability Accident Claims in Miami-Dade and Broward Counties

I was injured in a shootout at a shopping mall.

CHRISTMAS EVE: Last-minute shoppers were cast into a whirlpool of panic when a shootout between the Palm Beach police and a notorious gang member broke out at The Mall at Wellington Green this Christmas Eve.