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Shop Owner Liability for Fatal Shooting Incident in South Florida

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

Florida property owners have a duty to ensure their premises are safe for those who enter, so they can be liable if they do not comply with their legal obligations. Generally, entities must maintain the property in such a way as to protect against reasonably foreseeable dangers. For example, a property owner’s duties include:

  • Making repairs to hazardous conditions;
  • Conducting inspections to assess safety issues; and,
  • Warning guests about dangers until proper repairs can be completed.

Claims for Inadequate Security

Another specific example of a property owner’s legal duty is ensuring that the premises are safe from criminal activity, such as assaults, attacks, and other violent misconduct. The failure to provide adequate security, including lighting, cameras, a security guard, and other measures, may constitute a breach of this duty.

However, the key to a claim for negligent security is that the potentially dangerous condition must be reasonably foreseeable by the property owner. In other words, there must be some factors or circumstances that impart knowledge. Evidence of previous criminal attacks, numerous calls to police, or related information could be sufficient to meet this legal requirement.

How Florida Wrongful Death Cases Work

When a property owner’s failure to maintain a safe space leads to a fatality, the victim’s surviving relatives may be eligible to recover compensation through a wrongful death claim. The personal representative of the decedent’s estate must pursue the responsible party, and does so on behalf of the surviving spouse, children, parents, and other relatives. It is possible to obtain monetary damages for:

  • Costs for the decedent’s medical treatment;
  • Funeral and burial expenses;
  • Lost wages and financial support of the victim; and,
  • Losses related to guidance, education, companionship, love, and consortium.

Our Miami Personal Injury Lawyers can Explain the Details

If you lost a loved one in an accident due to a property owner’s negligence, it is essential to get in touch with our team at Gerson & Schwartz, PA right away. We can tell you more about the relationship between wrongful death cases based upon premises liability, so please contact us to set up a free consultation. We can meet with you at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.

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