Articles Posted in Negligent Security

victor-garcia-718191-unsplash-copy-200x300Just as any other major metropolitan area, Miami sees its fair share of criminal activity. Neighborhood Scout, an online resource for information about crime, reveals that there have been more than 22,000 criminal incidents so far in 2019 – 3,358 of which involved violent offenses. These figures are derived from multiple sources, including arrests, incident reports, and other databases of criminal statistics. 

While this information may be useful when you are searching for a new home, crime statistics may also be key evidence in a negligent security claim if you are injured because of property owner negligence. You can learn the specifics from a Miami premises liability lawyer, but you may also benefit from some general information about these cases.

Overview of Security in Premises Liability Claims

victor-garcia-718191-unsplash-copy-200x300Chances are that you know what a “slip and fall” accident is, but you may not be familiar with the legal concept behind it. In Florida, these cases are based upon premises liability, which imposes a duty upon property owners to keep their spaces reasonably safe for others. The duty applies to stores, restaurants, apartment buildings, office complexes, theme parks, and many other types of businesses. When those in control of these spaces fail in their legal obligation, a guest or visitor may slip and fall – hence the colloquial term for these claims.

However, there are many other ways a property owner may fail in the duty to maintain safe premises. For instance, the responsible party may not take proper measures to provide security. You can trust a Florida premises liability attorney to provide personalized information regarding your circumstances, but it may help to review some answers to frequently asked questions about negligent security.

What does “negligent security” mean? 

A Miami  strip club turned into a deadly crime scene after shots were fired in a parking lot of Club Extacy Gentleman’s club located at 728 NW 79th St in Miami, Florida. According to reports, at least two people were struck by the gun fire. One person was fatally wounded and the other, one Courtney Yarborough was rushed to Jackson Memorial hospital in critical condition. Leading Miami Personal injury lawyers at Gerson & Schwartz, PA are looking into the details about the case because the firm specializes representing crime victims and family members of crime victims for the criminal acts of third parties. The firms has represented numerous victims of violence including victims seriously injured at night clubs and other commercial businesses throughout Miami-Dade and Broward Counties.

Regardless of whether or not there is an arrest, there may be a negligent security claim pursued on behalf of the victims family members.  Under Florida law, property owners have a legal obligation to maintain their premises in a reasonably safe condition. Property owners and landlords must provide reasonable safety and security measures for the protection of their guests, and tenants.  What is reasonable under the circumstances will depend on a number of factors such as whether or not there was a history of violence on this property. The fact that this incident occurred in a strip club may imply that private security guards and detailed security patrol procedures were necessary in order to provide a safe premises.What the security plan or procedures in existence remain unclear. However, it appears that this not the first time there has been the potential for violence on the premises before this past weekend.

Under Florida law, property owners and business operators, such as the club Extacy operators may be liable if they fail to undertake reasonable security measures. In this case, it appears that a fight may have begun inside the club earlier that evening and was what initiated some of the violence. There are multiple legal theories of legal  liability to hold others financially accountable for what transpired. Gerson & Schwartz, PA has over 45 years representing injury victims and their families. For more information, contact Gerson & Schwartz, PA today at 305-371-6000 or email

Imagine this horrible scenario: you drive your car up a parking garage in search of a parking spot. The only available spots are on a dark, non-lit, level of the parking garage. You park there.  On the way to the exit, you are assaulted and now fighting for your life! Situations such as this can happen to anyone. It is critical that you know and understand your legal rights if you or a loved one experiences similar horrific situations. You may be able to sue the property owner under theories of negligent security. The Miami, Florida negligent security lawyers at Gerson & Schwartz, PA have the knowledge, experience and ability to make property owners pay for the harm done to individuals at the hands of criminals.

The Basics of Negligent Security Measures

In essence, whether it is at a shopping mall, parking lot, parking garage, apartment, etc., people have the right to be reasonably safe from foreseeable harm and criminal victimization. A case founded on negligent security principles relies on the failure to provide reasonable security measures for protecting individuals from preventable harms that a third party owes a legal duty to provide reasonably safe premises. This legal concept touches on premises liability grounds.  Per Florida’s premises liability law, landowners, possessors, landlords, business operators, and property managers have a duty to people lawfully on their premises to make the environment reasonably safe and to warn of latent danger.

In November a Miami apartment complex settled its fourth negligent security case in four months. The 9-year-old son of a man shot in April was awarded $1.45 million because the apartment failed to provide adequate security precautions for its residents. If you have been injured or had a loved one killed on a premise with negligent security, contact a Miami Negligent Security Attorney.

This newest settlement was shortly preceded by three other settlements of three men who were shot at a Super Bowl party in the complex and one of the men was killed. The two surviving men and the family of the decedent received a combined $2.4 million settlement.

The lawyer of the case found that the apartment complex owners did not hire security guards or off-duty police officers to patrol the building, there were no security cameras, insufficient lighting and one of the gates meant to restrict access to the complex was missing. These are all serious blunders by the apartment administration that could have made it easier for shooters to gain access to the complex.

You are walking to your car from the shopping mall in your neighborhood. You are attacked by an individual, despite the presence of security cameras surrounding the mall and the presence of a security officer supposedly patrolling the mall’s exterior. Is the mall or security company liable for your injuries? Answer: possibly yes. If you or a loved one was injured in an area that claims to be monitored by security cameras and security guards, you should speak to an experienced personal injury lawyer in Miami to discuss your legal options.

Negligent Security

Negligent security can occur in various places and in various forms. Some of the settings where negligent security occurs include shopping malls, night clubs, apartment complexes, hospitals, gyms, stadiums, amusement parks, swimming pools, airports, and even schools. The incidents resulting in injuries may include robbery, assault and battery, firearm injuries, or even rape.

We’ve written in the past about the civil aspects of crime. A huge area of negligent security case law derives from crime that occurs at apartment complexes. Landlords aren’t insurers of tenant safety, but surely have an obligation to do what they can to keep foreseeable crime out of the complex, and provide basic safety measures for tenants to help prevent injuries.

A recent case decided by the Florida Supreme Court emphasizes how important nuanced facts are to negligent security cases. In the end, the court made a ruling that makes it a bit easier for victims to obtain reparation for injuries caused by a landlord’s failure to provide adequate safety.

Murder in an Apartment Complex Leads to Lawsuit

A TSA Officer who was shot at close range by a 23 year old man at LAX airport on Friday, died after his assailant, Paul Ciancia, shot him for the 2nd time with an assault rifle. Finally, the shooter was apprehended by airport police, shot and captured.He remains hospitalized, in critical condition at Ronald Regan UCLA Medical Center, since Sunday. Sadly, the crime victims involved in this heinous shooting included 3 TSA officers, and several other innocent travelers.

Not only was there a note on Ciancia’s body explaining that he was at the airport in order to kill transportation security, but he sent a text message to his father indicating that something terrible was about to occur. Although, Ciancia’s father called police, the police did not find him when they searched his residence. Unfortunately, airport police apprehended Ciancia after it was too late. The victims of this killing spree already died or were badly wounded.

Killing sprees of this nature occur far too often in our country. Airport security such as TSA officers do not carry fire arms for protection, and airport police are the only ones who can truly protect passengers. Greater security is necessary to prevent dangerous, armed, individuals from harming others.

Patrons at a Fort Lauderdale bar, Dirty Blondes, recorded a video of a brawl that took place between bouncers and customers. The next morning, the video was seen on Instagram, Facebook and other news and social media websites. The viral footage of the incident attracted an audience worldwide, including the local Fort Lauderdale police. As punches were thrown, and men were assaulting each other, police arrived at the scene. Charges are pending due to the fact that, the case remains open. Subsequently, the crime victims involved have not yet decided whether or not they will press charges against the bar’s bouncers.

On Facebook, the bar posted a public apology for the behavior of their bouncers. Controversial Facebook Pages, like “Boycott Dirty Blondes” have popped up, as well. Miami personal injury attorneys at Gerson & Schwartz PA represent crime victims that have been seriously injured by bouncers and patrons at similar bars and night club establishments.

Most recently, the firm obtained a jury verdict of $950,000 on behalf of a patron that was severely injured at Club Nikki on South Beach. Premises operators at these establishments have a non delegable duty to maintain their premises reasonably safe. This legal duty includes providing adequate security. That does not mean bouncers can assault someone even in the event of an altercation. Many bars and night clubs employ in house security personnel. Under Florida law, private security guards must have a proper license issued by the state of Florida. But there are no such legal requirements for in house security guards. The result is that bouncers may have a lack of formal training and then cross the line by using unreasonable and excessive force. The excuse is usually that such force was necessary to get the job done.

Earlier today, the 3rd District Court of Appeals affirmed a Miami Dade trial court verdict of nearly 1 million dollars against Club Nikki on South Beach. The case arises from an assault that occurred at Club Nikki and the Nikki Beach Club back in August of 2009. The victim, David Millian sustained facial lacerations after another patron attacked him with a glass by the bathroom on a Saturday night. A Miami-Dade County jury awarded the Plaintiff just over one million dollars after a six day trial. The lawsuit was styled Milian v. Penrod Brothers Inc. Club Nikki Beach is owned by Penrod Brothers Inc. and is located on One Ocean Drive on South Beach. Attorneys Philip M. Gerson, Nicholas, I. Gerson & Edward S. Schwartz, PA represented sued the club based on negligence principles. Under Florida law, night club operators are liable for the negligent acts of their employees. The allegations included that the Penrod Brothers Inc, failed to provide reasonable security on the premises which resulted in serious injuries to the Plaintiff. The Miami, Florida personal injury attorneys at Gerson & Schwartz, PA specialize in premises liability, negligent security, and crime victim cases throughout Florida.

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