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Articles Posted in Negligent Security

An altercation at a South Florida flea market turned deadly when one of the two men involved in the dispute pulled out a gun and shot the other, killing him. An October 10, 2020 article published by the Miami Herald covered additional details, stating that the incident occurred just after 1:30 p.m. at the Swap Shop in Lauderhill. Police responded to reports of a shooting and assisted the victim until he could be transported to Broward Health Medical Center in Fort Lauderdale. The man later died from his injuries. 

While the investigation by law enforcement is ongoing, it is possible that surviving family members may be eligible to take legal action. The potential remedy encompasses concepts of both wrongful death and premises liability, so retaining a Miami personal injury attorney is essential. Still, you may benefit from reviewing some of the basics.

Overview of Premises Liability Cases

Two assailants will face multiple criminal charges after a robbery and assault led to the shooting death of a 23-year-old man in South Florida. The Miami Herald provided some details in an October 19, 2020 article, reporting that surveillance cameras at a Walgreens captured the details of the incident. The video footage shows that the victim and a teenaged companion were inside the store when a motorist entered the parking lot and strategically positioned his vehicle with a view to the victim’s car. As the pair inside the store exited and walked to their own vehicle, two assailants emerged from their car and assaulted the victim and teenager. One suspect shot the victim, and both perpetrators fled the scene. 

Law enforcement continues to investigate and will pursue criminal charges against the suspects, but the victim’s surviving family members may also have legal remedies under Florida law. A Miami personal injury attorney can explain how the concepts of premises liability and wrongful death apply in such a case, but an overview may also be helpful.

Comparing Florida Premises Liability and Wrongful Death Laws

In a lawsuit recently filed in the Miami-Dade Circuit Court, plaintiffs are seeking $25 million in damages from the owners of an apartment complex in Gladeview, a suburb just northwest of Miami. The allegations stem from an incident that occurred in November 2019, when a man was killed by a tenant while attempting to visit his mother at her apartment unit. The wrongful death case was filed on behalf of the victim’s widow, who claims that the defendants failed in their duties as property owners and other parties in control over the apartment complex.

 
While the allegations are very detailed in terms of facts, the lawsuit is based upon a concept termed premises liability in the practice of law. The key issue revolves around what the defendants did and did not do to keep the apartment complex safe for residents and their visitors. Because of the complicated legal issues, it is important to work with a Miami negligent security attorney if you were hurt because of criminal acts on property. An overview may also be helpful.

 
Legal Basis for Negligent Security Cases 

aliyah-jamous-1058056-unsplash-copy-300x200Just a year after the first season shocked and appalled viewers who got a glimpse into the disturbing world of hip-hop artist R. Kelly, the latest installment of Surviving R. Kelly Part II: The Reckoning began airing its second season on the Lifetime Network. Entertainment Weekly covered the story in a January 6, 2020 article, revealing some of the key updates and developments that occurred over the last 12 months. The performer is now facing 21 counts of sexual assault and abuse at the state level, along with a federal indictment that includes 13 counts of sex crimes. 

In addition, many survivors of R. Kelly’s alleged sexual assault are taking legal action in civil court to recover monetary damages for their losses. A Miami personal injury attorney can explain how these cases work, the ways they differ from criminal matters, and why various hurdles could affect your rights.

Legal Liability in Sexual Assault Civil Claims

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 info@gslawusa.com

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.

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