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Articles Tagged with Miami premises liability attorneys

The Miami-Dade County Sheriff’s Office continues to investigate the circumstances surrounding an early morning shooting that killed one man and injured two more at a local food market. According to an article in the Miami Herald, police received a report of shots fired in Miami’s Liberty Square neighborhood. Officers arrived at the neighborhood convenience store to find two injured men, one of whom died before EMTs arrived. Minutes later, officials received word that another individual – believed to be connected to the shooting – had arrived at a nearby hospital with a gunshot wound. 

As details emerge on the causes and contributing factors behind the incident, victims and surviving family members may wonder about their legal rights regarding the shooting. If you were involved in a similar situation, you might also be considering your options. A Miami negligent security attorney can provide specifics, but answers to frequently asked questions about criminal activity on property may be helpful.

Do I Have Options Beyond Pressing Charges? While you may get closure through the criminal process, a conviction and jail time will not compensate you for your losses as a victim. Instead, you need to go through the civil lawsuit process to obtain damages for your medical costs, pain and suffering and other implications. Suing in civil court is separate from the criminal case in which the government is the plaintiff.

While it may not be a place where you shop often, there is a good chance that you visit a South Florida convenience store from time to time for gas, a quick snack, lottery tickets, or other basics. Unfortunately, these spots can be a target for various forms of criminal activity. The 24×7 hours, limited number of employees, availability of cash, and other factors can make these stores dangerous for customers. If you are familiar with basic laws regarding premises liability, you may know that it is possible to pursue a convenience store owner for monetary damages under the theory of negligent security. 

However, what you do not know is that Florida law has carved out an exception for property owners when their premises constitute a convenience store under the statutory definition. Your Miami premises liability attorney can explain the details and assist with your case, but some information on the legal issues may be helpful.

Overview of Premises Liability and Negligent Security

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

While often referred to as “slip and fall” accidents, the nature of your legal rights falls under the category of premises liability if you were hurt in such an incident. As with many other personal injury claims, the basis of these claims is negligence. You can recover compensation if you can prove that a property owner knew or should have known about a dangerous condition on the premises, and that person or entity failed to address it – either by fixing the hazard or warning others. 

However, the language “knew or should have known” often confuses people in terms of proving the essential elements of a premises liability case. In short, the phrase relates to a property owner having notice of the dangerous condition. The legal details are much more complicated, which is why you should trust a Miami slip and fall accidents attorney to assist with your case. Some general information may also be helpful.

The “Notice” Requirement

If you were injured in a slip and fall accident or other incident that occurred because of dangerous conditions on property, you probably know that you have options under Florida law. It is possible to recover compensation for your losses, either through an insurance claim or in court. However, you may not understand the legal nuances and subtleties involved with these claims, which fall under the concept of premises liability. 

As a result, if you try to represent yourself, you are more likely to make mistakes in the immediate aftermath and later on in the legal process. Ultimately, your claim may be denied or you will be forced to accept a lowball amount to settle it. You can avoid the first, most crucial error by retaining a Miami premises liability lawyer right away. In the meantime, keep in mind the following points so you do not hurt your chances of receiving full compensation.

  • Not Getting Evidence from the Scene: If you are physically able on account of your injuries, collect as much information as possible at the exact location of the slip and fall accident. Take pictures and video with your cell phone, get contact information from witnesses, and make sure to note the presence of any surveillance video cameras.

louis-renaudineau-hPSobsDtXQo-unsplash-copy-300x200When you are hurt because of dangerous conditions on property, you may have legal options to recover compensation under the theory of premises liability. In general, this legal concept imposes a duty on owners to keep the property in a reasonably safe condition for those who enter upon it. If they breach this duty, they can be liable to pay monetary damages to an injured victim. The main issue in many premises liability cases is what acts or omissions would constitute a breach of duty. 

At times, the breach may be a result of general negligence, but an accident may also occur because a property owner violated a law. The distinction matters, and a Miami premises liability attorney can explain why. You might also benefit from reviewing some of the basics regarding common law and statutory duties of property owners.

Legal Basis for Injuries on Dangerous Property

rene-bohmer-WR7P60pbUzQ-unsplash-copy-300x200If you were hurt because of dangerous conditions on property, your claim falls under a theory called premises liability in Florida. By proving certain facts, you can recover monetary damages for your injuries, including your medical bills, lost wages, pain, suffering, and many other losses. While each element of a premises liability case is equally important, the issue of notice or knowledge of the hazard is one of the most disputed. A property or business owner can use this element to fight your claim, in which case you may not recover any compensation. A Miami premises liability attorney can describe the key legal issues, but you may find it useful to check out the overview below. 

Basic Elements of a Premises Liability Case

To succeed in a claim for premises liability, you must prove that:

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? 

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