Michael Garcia has more than 24 years of civil litigation experience defending matters involving premises liability, personal injury, general liability, professional negligence, and wrongful death claims. Additionally, Michael serves as local counsel to numerous nationwide retailers.
Litigating cases in state and federal courts, Michael handles a wide array of matters and disputes involving franchise agreements or between franchisors and franchisees. His practice includes drafting and reviewing lease agreements for retailers, restaurants, landlords, and other entities with a special focus on premises liability issues.
Within the maritime sector, Michael manages personal injury and wrongful death lawsuits initiated by passengers, crew members, and offshore workers employed on both commercial and private vessels. Additionally, he handles litigation involving claims such as commercial disputes, liens, vessel seizures, cargo damage, and collisions.
Michael’s practice also includes handling pharmaceutical products liability matters. He represents pharmaceutical companies including generic manufacturers involved in MDL proceedings. He manages cases from the time of the decision to petition for MDL status through the trial and settlement of “bellwether” plaintiffs. He conducts depositions, develops expert testimony concerning causation and damages issues, and engages in motion practice and oral argument to eliminate opponents’ causation experts on Daubert grounds.
Born and raised in Miami, Michael grew up in the family restaurant business and as part of his practice now defends restaurants, including national brands and franchises.
Professional & Community Involvement
- Council on Litigation Management
- National Retail and Restaurant Defense Association
- American Bar Association, Tort Trial and Insurance Practice Section, Admiralty and Maritime Law Committee
- American Bar Association, Section of Litigation
- The Florida Bar, Business Law Section
- Florida and National Restaurant Associations
- Dade County Bar Association
- Cuban American Bar Association and Italy-America Chamber of Commerce
- National Italian American Foundation, Florida Chapter
- Maritime Law Association of the United States
- Southeastern Admiralty Law Institute
- Alpha-Sigma Nu – Jesuit National Honor Society
- National Alumni Board Florida Representative, Saint Joseph’s University, Philadelphia, PA
- 06.20.17 Speaker and Presenter, “Premises Liability Practical Tactics and Defense Strategies,” Travelers Insurance (Orlando)
- 08.18.15 Presenter, “Premises Liability,” CLM Claims & Litigation Management Alliance
- 02.18.15 Speaker, “Litigation 101,” Council of Litigation Management
- 04.25.12 Presenter, “Premises Liability Litigation” RIMS
- 11.17.05 Speaker, Annual Conference, Southeastern Admiralty Law Institute
Cases and Experience
Obtained defense verdict in jury trial in premises claim alleging slip and fall on grease/slippery substance at a nationally known restaurant. Plaintiff alleged almost $200,000 in medical bills for injections and surgeries and asked the jury for almost one million dollars. The jury returned a defense verdict after less than one hour of deliberations.
Tried and defended major cruise line in federal jury trial involving a passenger fall alleging serious injuries and extensive lost wages and earning capacity. Pre-suit and pre-trial demand of $500,000. After trial, the jury deliberated for less than two hours and returned a verdict of less than five figures for Plaintiff, finding Plaintiff 90% at fault for his own alleged damages.
Obtained summary judgment for a national retailer in a highly contested premises case with over a dozen depositions of Defendant representatives including a Federal Opinion finding no liability against client retailer for alleged premises defects retailing to a slip and fall on items within the retail store.
Obtained summary judgment for retailer in a Federal claim alleging trip and fall over table with concealed table legs. The case involved over ten depositions, expert testimony, and involving a manufacture of the table located overseas.
Settled premises liability defect claim alleging unleveled and defective concrete sidewalk outside national bank branch with over $80,000 in medicals for nominal amount. The case involved a fractured elbow with significant medical treatments including surgery.
Settled for nuisance value (less than four figures) premises case against retailer involving seriously injured minor falling off shopping cart.
Countless settlements and resolutions of over hundreds of premises cases against retailer, restaurants, landlords, hotels, property managers, maintenance companies and landowners.
Obtained summary judgment for a restaurant chain in a premises liability matter where two adults alleged significant injuries from using the restaurant's children's playground.
Obtained $585,000 settlement for a Utah Bank after filing suit in federal court of claims related to smuggling by Mexican individuals and entities of three bank-owned vessels.
Obtained favorable settlement for Boat U.S. after filing suit in federal court regarding a vessel collision off Cape May, New Jersey.
Represented two brothers with co-counsel in a complex commercial fraud matter that resulted in a $1.3 million jury verdict after a 10-day trial in West Palm Beach, Florida.
Represented local excavating company with co-counsel in a breach of irrevocable real property license matter that resulted in a $650,000 jury verdict after a 7-day trial in Miami, Florida.
Defended a major department store retailer sued for premises liability defects and reached nuisance value settlement.
Obtained favorable settlement for interior yacht designer in a suit filed by a major league baseball player who refused to pay the vessel re-design invoice.
Successfully defended concrete testing company against allegations of its failure to properly test concrete.
After prolonged litigation, summary judgment for major retailer on premises liability matter filed by a plaintiff claiming significant injuries.
Prior results cannot and do not guarantee or predict a similar outcome with respect to any future matter that we or any lawyer may be retained to handle.
