Miami Accident Lawyer Blog
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
Premises liability centers on the duty of property and business owners to keep their spaces free from foreseeable hazards. These claims are often based upon a dangerous condition that causes a slip, trip, or fall, such as slick surfaces, loose handrails, or broken stairs. However, a victim can suffer injuries in many other ways when the property owner does not comply with the legal duty to maintain a safe premises – including the failure to provide adequate security from foreseeable criminal activities.
The Miami premise liability lawsuit alleges that the owners of the apartment complex:
- Had a duty to screen tenants living in the facility;
- Were contractually obligated to look into tenants’ criminal histories because of their advertisement that the complex was “crime-free”; and,
- Knew that the tenant was a four-time convicted felon.
Based upon these and other factors, the plaintiffs seek damages for $25 million due to lack of adequate security. They might not have a claim if the apartment complex owners had taken reasonable measures to prevent foreseeable dangers. Examples might be hiring a security guard, installing cameras, implementing an access-only gate around the parking lot, and related options.
Seeking Compensation for Your Losses
If you were hurt in an incident because a property owner failed in its duties, you may be able to recover the following types of damages under the concept of premises liability:
- The costs of medical treatment, including surgery, hospitalization, and related expenses;
- Lost income;
- Pain and suffering;
- Emotional distress; and,
- Many others, depending on your situation.
Talk to Our Miami Premises Liability Lawyer About Your Rights
For more information on your legal options as the victim of criminal activity on property, please contact Gerson & Schwartz, PA. Our attorneys handle many claims involving negligent security and related premises liability concepts. We can tell you more about your rights after reviewing your circumstances. Set up your free appointment at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL today.