Articles Posted in Negligent Security

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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This week a man was shot and killed and another man was seriously injured outside the nude dancing Miami night club, called “Club Lexx”, located on NW 27th Ave. in Miami, Florida. A witness stated that an altercation took place between the security guard and the two men who were shot. Both individuals were taken to Jackson Memorial Hospital following the shooting. One died and the other remains in stable condition. What if any security measures there were at the club and or parking lot are not clear. However, according to sources this was not the first violent crime at this Miami location. Other reports state that a van in the parking lot was riddled with bullets. It is still unclear if there was any security measures in the parking lot.

Individuals who go to nightclubs must rely on the security to keep them safe. Especially, at a place where the patrons are checked to ensure they do not have any deadly weapons on their persons when entering, the customer’s expectation is that no deadly force will be used against them even in a confrontation. A security guard should not be shooting at unarmed individuals who do not pose an equal threat to their safety.

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In the early morning hours today, two men were injured at Spotlight nightclub in Hialeah, Florida, after a fight ensued and gun shots were fired. Currently, two people are at Jackson Memorial Hospital. A third man was arrested and taken into custody by police. The shooting occurred at East 25th St. between 6th Ave. and 8th Ave. According to Detective Eddie Rodriguez, an investigation is underway and the streets will not be opened until noon today in the area.

Attorneys at Gerson & Schwartz, PA handle cases for crime victims who have been injured in night clubs or bars due to negligent security. The firm has 40 years of experience and expertise in the area of security negligence and premises liability. They have recovered jury awards in the millions for their clients. The attorneys at Gerson & Schwartz, PA are highly specialized at handling cases, where security personnel is at fault for not protecting its patrons from forseable and preventable injuries. If you or someone you know has been the victim of an accident or a crime at a public place, contact the Law Offices of Gerson & Schwartz today for a free consultation.
(305)371-6000 or info@gslawusa.com

Two cases of sexual assault occurred at the landmark Fountainebleau Hotel and Resort on Miami Beach last week.( The Miami Herald )In each instance, a woman was allegedly attacked and the assailants were both arrested by the Miami Beach Police. Why is it that their level of security does not measure up to the high quality attractions, including state of the art architecture, restaurants, pools, bars and night clubs which are all considered to be among the finest in the city of Miami Beach?

The Fountainebleau had a major renovation recently in which this iconic property was transformed from the Art Deco Era’s mecca to South Beach’s counterpart today. Certainly, the level of security should be expected to compliment the Fountainebleau’s other massive improvements.

In fact, Miami Beach police arrested a 26 year old male, Rafael Mungia, age 23 for allegedly raping a 23 year old woman, a hotel guest who was asleep in her Penthouse room in the Chateau building of the property. At Gerson & Schwartz, PA, we are interested in finding out how this could have taken place. Crime’s like this are inexcusable and should never occur, especially at a property of this magnitude and with such a fine reputation, said Nicholas Gerson.

Following this incident, the Fountainbleu further neglected to beef up their security despite what happened and yet another sexual assault occurred. This time at the pool area, no less, a very public part of the hotel if not the largest public area this resort boasts.

As hotel personnel stood by watching the assailant flee the scene, the victim was “found with an unknown subject” on top of her. (NBCmiami.com) Evidently, cameras captured this incident, yet no security measures were taken to prevent prevent it in the first place. This is grossly negligent of the hotel and its security staff. Attorneys at Gerson & Schwartz, PA have years of experience recovering damages for crime victims like this.

So, how is it that the legendary Fountainebleau Hotel and Resort does not have enough security to prevent rapes from happening right out in the open? They have spent millions of dollars renovating this famous destination property on Miami Beach but obviously have not invested in the security of their guests.

Crime victims such as the women who were vacationing at the Fountainebleau, deserve restitution. Negligent Security issues such as these are a specialty at Gerson & Schwartz, PA. Just last year, Attorneys Philip and Nicholas Gerson recovered 1.5 million dollars for a woman who was raped, who’s assailant was caught on tape.

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A Miami Dade County jury awarded $ 1,050,000.00 to a club patron against Penrod Brothers Inc., d/b/a Nikki Beach Club. The trial in Milian v. Penrod Brothers Inc., d/b/a NIkki Beach Club lasted nearly two weeks before being sent to the jury Wednesday afternoon. After 4 hours of deliberations the Miami – Dade County jury found Defendant Penrod Brothers Inc. was 100% at fault. The case was tried by Philip M. Gerson & Nicholas I. Gerson of Gerson & Schwartz, PA.

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MIAMI, FL—Federal prosecutors announced on Aug. 23 that two of the five individuals whom South Florida Violent Crimes Task Force members arrested in connection with a recent robbery and fatal shooting of a Brink’s armored truck courier at the Miami Gardens-based Calder Casino and Race Course were actually employees at the casino. The violent robbery/murder happened around 5 p.m. on August 21, according to information provided by NBC Miami.

Officials apprehended 26-year-old Hollywood resident Uri Steven Ammar, as well as 25-year-old Vladimir Louissant, 26-year-old Victoria Barkley, 23-year-old Byron Kyler and 26-year-old Reginald Mitchell, all of whom reside in Miami Gardens, for their involvement in the deadly shooting and robbery of 26-year-old Brink’s armored truck guard Alvaro Lopez Ramos.

Previous reports indicated Louissant waited for the Brink’s employee Alvaro Ramos to return to his armored truck, accompanied by Calder employee Uri Ammar. When Ramos did arrive, Vladimir Louissant shot him next to the armored truck, which was parked outside Calder Casino and Race Course. The shooting victim sustained fatal bullet wounds in the incident.

Louissant, on the other hand, fled the scene in Byron Kyler’s truck after robbing the courier of about $345,000. Reginald Mitchell, also an employee at the Miami Gardens casino, was identified as the getaway driver.

Victoria Barkley was identified as the individual who picked up both Mitchell and Louissant after they dropped off the truck used to flee the scene of the Miami Gardens shooting.

All detained suspects were reportedly denied bond. The case is ongoing.

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