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Negligent Security Cases and Information

How to Sue a Hotel for Negligence in Florida

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Your Rights to Financial Compensation After Being Injured in a FL Hotel

slip and fallFlorida is a vacation destination for people all across the country. Millions and millions of people visit our state every year, whether on business or for fun in the sun.

It’s almost mind-boggling to consider how many hotels operate in our state, especially in bigger cities like Miami, Fort Lauderdale, Orlando, and Tampa, as well as vacation hot spots like West Palm Beach and the Florida Keys.

Unfortunately, some hotels aren’t as responsible as others. For that matter, even five-star hotels have been known to let safety slip through the cracks.

Hotel injuries are not uncommon in Florida. Indeed, as Miami hotel injury attorneys, we have seen countless stories of innocent travelers who suffer costly inconvenience or terrible injuries through no fault of their own.

If you’ve been injured while traveling in Florida, you might be wondering how to sue a hotel for negligence — and whether you have a case for financial compensation. Let’s take a look at the law.

Understanding Florida Premises Liability: The Law on Hotels and Negligence

Premises liability is the area of law concerning a property owner’s legal duties toward to their visitors, customers, invitees, and even trespassers.

Generally speaking, Florida hotel owners have a duty to maintain their property in a reasonably safe, secure, and habitable condition. If the hotel breaches that duty, it can be held liable for any injuries that happen as a result.

This duty extends to providing adequate security. Hotels have a duty to keep their guests safe from aggressors, criminals, and other sources of harm. Failure to take reasonable security precautions and maintain them regularly is called negligent security.

If you are injured on hotel property in Florida and the hotel’s negligence (i.e. careless, unreasonable, irresponsible, or unlawful action/inaction) or negligent security is at least partially to blame, you may be entitled to financial compensation. In some cases, the value of that compensation can be substantial.

Similar rules apply to most kinds of accommodations in Florida, including (but not necessarily limited to):

  • Hotels
  • Motels
  • Resorts
  • Timeshares
  • Lodges
  • Cabins
  • Bed and breakfasts
  • Campgrounds
  • Hostels
  • Airbnb rentals  
  • Suites / Long-term stays
  • Rental houses, apartments, or condos
  • Farm stay / ranch stay  

Notably, you may be able to sue a hotel for negligence in Florida even if you weren’t staying there as a guest. For example, if you were injured while visiting a friend at the hotel, or while asking a question at the front desk, you may still have a claim.

If you aren’t sure how the law might apply to your claim, we encourage you to call our Miami hotel injury attorneys and ask.

Common Examples of Injuries Caused by Hotel Negligence

Hotel guests bring personal injury claims against hotel owners and managers for a wide range of reasons. Common examples include:

  • Slip and fall / tripping accidents
  • Falls caused by broken railing, defective staircases, etc.
  • Elevator accidents
  • Swimming pool injuries / drowning accidents
  • Fire or burn injuries
  • Defective smoke detectors or carbon monoxide detectors
  • Food poisoning
  • Bacterial infection
  • Exposure to dangerous chemicals, drugs, toxic mold, or other substances
  • Bed bug infestation or injury
  • Theft or robbery due to inadequate security
  • Assault due to inadequate security
  • Animal attacks
  • Being struck by luggage carts or other hotel equipment / machinery
  • Failure to warn guests about potential hazards or dangers
  • Invasion of privacy
  • Personal property damage / loss

These are only a few examples. Hotel accidents and injuries take many forms.

Whether a hotel’s actions (or lack thereof) constitute negligence under Florida premises liability law will depend on the specific facts and circumstances. The Miami hotel injury attorneys at Kaire & Heffernan, LLC can help.

Examples of Negligent Security by a Hotel

Generally speaking, a claim for negligent security may be based on deficiencies in any of the following (as examples):

  • Door locks / peepholes
  • Kick plates for doors
  • Window locks
  • Lighting
  • Security systems
  • Video surveillance
  • The hiring, training, and supervising of hotel staff
  • Parking garage safety
  • Security signage & notices
  • The hotel’s response to safety concerns they knew about (or should have known about)

I Was Injured in a Florida Hotel, But I Don’t Live in Florida. Where Should I Hire a Lawyer?

Many Florida hotel injury claims come from non-Florida residents who were traveling here from out of town. But Floridians travel within their own state too.

Whether you live in Florida or not, if your injury happened at a hotel located in the state of Florida, you should seek representation from an attorney licensed to practice law in the state of Florida. Even if you aren’t a resident here, your claim will be subject to the rules of Florida premises liability law.

As Miami hotel injury lawyers, much of our work is focused on property injuries that happen in South Florida and the Miami metro area. However, we do work with clients all across the state of Florida — including Orlando, Lake Buena Vista, Kissimmee, Tampa, Jacksonville, Fort Myers, Naples, Tallahassee, Pensacola, St. Augustine, Key West, and beyond.

We have extensive experience in matters of hotel liability, and our practice is dedicated to helping injured people stand up to hotels and other big businesses.

It isn’t uncommon for an insurance company to get involved in these matters. Our office has the experience and resources it takes to build a persuasive and aggressive claim against even the most powerful insurance companies.  

You Don’t Pay Unless We Get You Money. Schedule a Free Consultation Today.

The most effective way to sue a hotel for negligence is to hire an experienced lawyer who can represent your interests and fight to maximize your compensation throughout the complex claims process. Don’t make the mistake of trying to take on a commercial property owner, hospitality company, or insurance corporation on your own.

If you or your loved one has been injured or killed on Florida hospitality or tourism property and you are wondering how to sue a hotel for negligence, we encourage you to contact Kaire & Heffernan, LLC for a free consultation right away.

In any injury case, we will not charge for our services unless and until we get you money.

Time limits do apply to Florida hotel negligence claims, so please don’t delay. Our firm is committed to fighting aggressively to maximize our clients’ financial recovery. Schedule a free consultation with the Miami hotel injury attorneys at Kaire & Heffernan, LLC right away.

Negligent Security Lawsuits and Settlements

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securityNegligent security is a subcategory of premises liability that addresses criminal activity. Just as property owners must keep their stairs in good repair and avoid leaving wet and slippery spots on their floors, they also have a duty to protect patrons and employees with good security measures. This may include security cameras, alert systems, entry keypads, and good lighting so that people on the premises may have better ability to perceive any possible dangers around them.

A property owner is liable for the safety of anyone who is lawfully on the property, including business invitees, customers, or tenants.

How Negligent Security Claims Arise

There’s a possibility that negligent security played a role if a plaintiff was lawfully present on the property and hurt by the criminal act of another. Businesses in high-crime neighborhoods are the most common defendants in negligent security claims. If it’s known that crime is likely to occur on a property, there must be preventative measures taken to ensure the safety of those who have a right to be there. Failure to provide these can expose a business to liability.

These measures include ways of keeping employees safe. For example, security experts recommend that the best course of action during a robbery is to cooperate. If a business makes it impossible for an employee to open a cash register and provide that cooperation, the employer may be placing their employees and customers in extreme danger in exchange for protecting a little bit of money.

Safer neighborhoods are not immune to these lawsuits, either. Even if an area has a reputation for low crime, if there have been recent incidents of personal or property crime, a business owner must take measures to protect employees and customers or be subject to liability. If it would be reasonable to think that the current wave of crime could impact anyone on the premises, then the property owner has a duty to protect those on the property even in the shortest of crime waves.

Foreseeability is critical to all premise liability claims. A property owner has a responsibility to keep those on the premises safe so long as it’s reasonable to believe that anyone rightfully on the property could be exposed to immediate danger. Without foreseeability of harm, there is no liability. Thus, property owners aren’t liable for unforeseeable circumstances or possible means of harm.

Proving Liability

To prevail in a negligent security case, a plaintiff must prove a landowner failed to take reasonable care in assessing the possibility of criminal activity, or to have failed to warn patrons or employees of possible crime.

Efforts to provide security are considered adequate based on the surrounding conditions. For example, an area with a high rate of violent crime may require trained security patrols and well-lit parking lots to meet the standard of reasonable care. If property crime is the main issue, better locks, coded keypads, and security cameras may be considered means of reasonable care.

Sometimes, what’s considered adequate security is defined by statute. For example, convenience stores are required by law to install security cameras, a notice visible to patrons that the cash register contains less than $50, and use a drop safe. If a convenience store follows the statutory requirements for security and still experiences a crime, they can’t be held liable for injuries sustained during the commission of that crime.

Recent Cases

Florida is practically a hot bed for negligent security cases. Recent verdicts and settlements include:

  • A $4,255,280 jury verdict awarded to an innocent bystander of a parking lot shooting at Boomers!, a children’s park in Dania Beach.
  • A $5,876,809 verdict to the estate of a pharmacist who was shot by drug users. The company, Shands Jacksonville Medical Center, was aware of previous incidents involving threats to pharmacists and failed to undergo reasonable security measures to prevent this fatal attack.
  • An apartment resident received a $1,826,000 verdict against her property owner when she jumped from a window to escape a convicted felon. The apartment building wasn’t located in a high crime area and plaintiff was considered partially at fault for letting a stranger into her home (she thought he was an air conditioning repair technician). The jury assigned 80 percent responsibility to the apartment building.
  • A $9 million verdict to “Jane Doe” who was walking down the embankment of her housing development and ultimate slipped and fell, which resulted in a traumatic brain injury. Through extensive investigation, Kaire & Heffernan were able to discover that the homeowners association management was fully aware and on notice of the hazards and risks to pedestrians and runners who routinely utilized the bridge embankment as a shortcut. The management for the homeowners association was also aware of their ability to prevent these dangers as they fenced off the bridge railing in the weeks following this tragedy.

These verdicts show that even businesses in lower-crime areas can be vulnerable. The comparative negligence statute in Florida may reduce damages, as they did for the apartment resident above, but it doesn’t eliminate them. So, if a business could’ve done better to protect you as a customer, employee, or tenant, it’s likely you may file a successful negligent security claim.

 

Negligent security injuries may arise from almost everywhere, including children’s play areas and nightclubs. If you were harmed on a property where security was inadequate, you may be entitled to recover damages. Contact Kaire & Heffernan, LLC to speak to a lawyer. They can determine if you have a claim for negligent security and help you recover.

The Most Dangerous Night Clubs In Miami-Dade County

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strip-clubThere’s no limit to the fun Miami-Dade County has to offer. Some would even go as far as to proclaim Miami the party capital of the world. When the sun sets the drinks begin to flow, partygoers line the streets, and the music cranks up. Alas, when night falls the music level isn’t the only thing to rise in Miami.

Last year Miami-Dade County police reported 5,073 violent crimes. Of those crimes, just over 50% of them occurred between club hours from  7pm to 4am. Last year’s crime data serves as a reminder to us all that there is an inherent level of risk involved with being out at night. However, the data also reveals that not every part of the county carries the same level of crime risk. There are certain clubs that appear to be located in more dangerous areas than others.

Club D-Vine

Club D-Vine is an upscale hookah lounge offering over 65 different flavors of Shisha and more than 120 different varieties of alcohol. The club prides itself in being the first hookah bar in South Florida since 2003. Unfortunately, it may also be one of the most dangerous hookah bars in South Florida. Last year police reported four counts of aggravated battery, six robberies, and three counts of aggravated assault within a mile of the club’s location at 445 Lincoln Road in Miami Beach. Battery and assault are concerning, but six robberies in one year is more than troubling.

Club Lexx

Consider it a sign when a business’s Google profile contains a picture of a cop car outside of the establishment. Club Lexx is a gentlemen’s club in Miami with a history of violence. In 2012, a security guard was charged with killing one man and injuring another. In 2014, yet another shooting broke out on club property with no reported injuries. This year there may not have been any violent crimes on premise, but there were two counts of aggravated battery, one count of sexual assault, four counts of robbery, and five counts of aggravated assault in the surrounding area. Club goers beware, this part of town is not quite the safest.

One Google reviewer even states “Watch out for Deziree Angel Johnson(Honey); she’ll set you up to get robbed.  Other than that, great chill spot!”

Coco’s Nightclub

Yet another gentlemen’s club just four minutes east of Club Lexx, Coco’s Nightclub offers a relaxing, laid back vibe with some of the best mixed drinks in the area. Much like Club Lexx, the surrounding area of Coco’s Nightclub is far from safe. In 2016 the club was the scene of a ‘triggering tragedy’ when 26 year old Elkino Watson was shot right outside the club’s door. In addition to the homicide, police also reported six counts of aggravated assault, one robbery, two counts of aggravated battery, and two counts of domestic assault in the same neighborhood.

Showgirls Inc.

showgirls incShowgirls is an adult entertainment lounge off of Dixie Highway in Cutler Bay. While the interior of Showgirls Inc. has been described as classy, the surrounding area may not be. Crime data indicates that two robberies, three aggravated assaults, two sexual assaults, one homicide, and one domestic assault occurred near Showgirls Inc. last year.

Protecting Club Patrons

While all of Miami-Dade’s night clubs should keep security top of mind, the aforementioned clubs should highly consider investing in additional security. Owners of property are required by law to ensure the safety of their property and their patrons. Aside from the one or two security guards on duty, there are several other security precautions clubs can take.

Clubs should install surveillance cameras, additional lights, and door locks where applicable. Clubs should also perform scrupulous background checks on employees and establish tight security policies and procedures. Clubs in inherently dangerous areas such as Lexx, Showgirls, Coco’s, and D-Vine require more security to keep guests and employees free from harm.

 

Miami Hospital Security Jobs Available

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hospital-securityMiami: home of the Heat, the Fusion, the best nightlife in the country, and the most delicious Cuban sandwiches you’ll ever eat. While Miami has plenty of endearing qualities, it also has some less than stellar characteristics; a propensity for violence being one of them. In 2016 Miami was named one of the top 20 most dangerous cities in the U.S and the most dangerous city for women. The good news is that the crime rate is on a slight decline. The bad news is that it’s not much of a decline.

Police reported a total of 5,073 violent crimes in 2016. That’s down from 5,399 violent crimes in 2015 and 5,646 in 2014. With all of the crime that has occurred, there are individuals in the city who work hard to keep us safe from harm on a daily basis. Your thoughts more than likely immediately shift to the Miami police, but we’re talking about Miami security guards. The men and women who stand on guard to thwart potential threats before they become real threats.

This post isn’t so much about the hospital security jobs that are currently being offered, although there are plenty of available job offerings. Rather this post is about all of the much needed hospital security positions that have gone unfilled or dismissed for far too long.

Why Do Hospitals Need Additional Security?

Violent crime can occur anywhere and hospitals are no exception. Last year 29 year old David Owens waltzed in through the emergency room of Parrish Medical Center in Titusville, FL and shot a 92 year old women along with a police officer for no apparent reason. In neighboring Coral Gables, an 87 year old man shot a woman inside Kindred Hospital before turning the gun on himself. Closer to home Miami police were called to investigate a bomb threat at Miami Children’s Hospital last year.

Additionally, recent data collected from 112 different U.S. hospitals has revealed that violence towards hospital employees has increased from 4 instances per every 10,000 employees in 2012 to 5.9 instances per 10,000 employees in 2015. The events that unraveled in Florida hospitals last year have revealed vulnerability in hospital security and left many safety experts calling for increased security in all Florida hospitals.

How Many Security Positions Should Hospitals Have?

The calls for increased security beg the question, how many security guards are enough? In the club industry, experts suggest one security guard for every 50 to 70 guests. While there currently isn’t any data available for the average number of patients and employees in a hospital at one time, we can run some estimations.

The average hospital has approximately 177 beds. Assuming 85% of those beds are full that’s 150 patients. Hospitals with 177 beds have an average of 597 full-time employees and 257 part time employees. When you add that together that’s 1004 people in one building. Of course, that’s not all at one time. Divide the staff by three and that’s roughly 435 people in the building at a time. Now for those 435 people there should be a total of eight security guards on duty. With three shifts that’s 26 security guards per hospital. Numbers will obviously vary, but it’s safe to assume that the average hospital should employee roughly 26 security guards.

Security Jobs Are Available

Does the average Miami hospital employee a minimum of 26 security guards? Our hypothesis is probably not. There are most certainly security jobs available, or rather security jobs that should be available because most hospitals are understaffed.

Neglecting security vulnerabilities can be extremely costly. Property owners are required by law to ensure the safety of their property and their patrons to the best of their abilities. Failure to do so could open up the door for hefty lawsuits. Not to mention the cost of any damages that could result from criminal activity. Looking for a security position in Miami? Try contacting your local hospital. They should have positions open.

Miami’s Most Violent Neighborhoods and Other Hot Spots

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While Miami is by no means the most dangerous city in the U.S., it’s far from the safest. In 2015 Miami was rated one of the top 20 most dangerous cities in the country. Unfortunately, Miami probably won’t be leaving the top 20 anytime in the near future. Last year Miami-Dade county police reported thousands of violent crime occurrences. In total, 1,874 counts of aggravated assault, 764 counts of aggravated battery, 322 counts of Domestic Assault, 86 counts of homicide, 1,531 counts of robbery, and 493 counts of sexual assault occurred within county limits last year.

Crime Patterns

While crime was dispersed throughout Miami-Dade County, many crime incidences accumulated within certain areas of the city. Gladeview, Goulds, and Country Club, FL all contained significant pockets of crime. Drilling further down, a few streets within Miami-Dade County appear to be more prone to criminal activity than others.

The Most Dangerous Streets In Miami

  1. NW 27th Avenue
  2. NW 41st Street
  3. NW 79th Street

NW 27th Avenue | 92 Violent Crimes

A long swath of NW 27th Avenue saw a number of violent crimes. From the Airport Expressway north through 98th Street, police reported multiple violent incidents at various intersections along NW 27th, including 23 robberies and 20 incidents of aggravated assault or battery.

Police also reported a number of violent incidents at specific addresses along NW 27th Avenue. For example, six cases of aggravated assault and one homicide were reported at 2260 NW 27th Ave., which is listed as the site of the River Park Trailer Court.

NW 41st Street | 73 Violent Crimes

Directly behind NW 27th Street was NW 41st Street with 73 recorded violent crimes. 41st Street stretches from NW 37th Avenue to NE 2nd Avenue, but a majority of the crimes occurred in the Brownsville Neighborhood.

NW 79th Street | 67 Violent Crimes

A total of 67 violent crimes occurred across the stretch of NW 79th St. Much like 41st Street, 79th street stretches across a large portion of Miami. Most of the crimes occurred between NW 32nd Avenue and NW 10th Avenue.

The Most Dangerous Locations In Miami

  1. Cutler Manor Apartments
  2. USA Flea Market
  3. The Village Flea Market & Mall

Cutler Manor Apartments | 19 Violent Crimes

10875 SW 216 St located within the Cutler Manor Apartments was the site of  19 violent crimes.

A total of three counts of aggravated battery, ten counts of aggravated assault, two counts of robbery, four counts of domestic assault/battery occurred at that one address in 2016.

USA Flea Market | 11 Violent Crimes

Police Reported 11 violent crimes at the USA Flea Market on 3015 NW 79th Street. In total, there were four instances of aggravated assault and seven instances of robbery in 2016.

The Village Flea Market & Mall | 10 Violent Crimes

Yet another Flea Market made the list. The Village Flea Market & Mall at 7900 NW 27th Ave. was the location of six incidents of aggravated assault and four robberies for the year.

Other locations with high numbers of reported violent crimes against persons included:

  • The Metro West Detention Center, at 13850 NW 41st St., had 22 reports of aggravated assault and aggravated battery.
  • The intersection near St. Ann Mission, at SW 139th Ave & SW 264th St., was the site of 9 violent incident reports, including seven cases of aggravated assault and two robberies.
  • The Publix at 250 NE 183 St. was the site of eight reported violent incidents, including one robbery and seven cases of aggravated assault.

Business Owners Beware

Businesses near any of the aforementioned  streets, locations, or areas should take additional safety precautions. What many businesses fail to realize is that they can be liable for crimes that occur on their property if they negligently fail to provide adequate security. What is adequate security? The amount of security required will vary depending on the perceived danger of the location. Business located in the parts of town with higher crime rates will need to provide additional security. Nonetheless, all Miami-Dade County business should consider investing in:

  1. Surveillance cameras
  2. Adequate lighting in parking lots and common areas
  3. Door locks
  4. Restricted access where necessary
  5. Criminal background checks on tenants/employees
  6. Establishing security policies and procedures

Business near higher crime locations on the map might want to consider additional security measures; whether that be the addition of security guards or perimeter fences. Customer and employee security should be a primary concern.

Have You Been A Victim of a Violent Crime?

If you’ve been a victim of robbery, assault, or other violent incidences, you deserve compensation for your losses. A Miami negligent security attorney can help determine whether or not the business where the crime occurred is partially responsible due to inadequate security or lack thereof. Owners of property are legally required to ensure the safety of their property to the best of their abilities. Failure to do so means you deserve reparation. For a free consultation with an experienced negligent security attorney, please contact Kaire & Heffernan, LLC.

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Groceries and Shopping Centers Must Provide Adequate Security

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grocery-securityImagine leaving the grocery store to head home and, as you turn onto your street, another car rear-ends you. When you get out of your car, you’re attacked by robbers armed with pepper spray and guns.

What if you found out later that three similar attacks had occurred over the previous week, but the involved store owners failed to provide any warning or adequate security?

Sadly, a local woman did go through this traumatic experience earlier this month after leaving a local Publix grocery store. At least four similar incidents occurred within days of each other at several different shopping centers in one Broward County city, and residents are calling for the involved businesses to provide better security.

A Dangerous Pattern in Plantation

All four robberies were reported at or near several different Publix stores in Plantation. Police believe the same people are responsible for the crimes, since similar vehicle descriptions were provided at each armed robbery scene.

In the first robbery, a woman was moving groceries to her car at the Publix store on South University Drive when a car pulled behind her vehicle, a man exited, pepper sprayed the woman, and took her handbag. Later that night, the woman’s car was stolen from the driveway of her house.

The second robbery occurred the same evening at another Publix store on Sunrise Boulevard. In that case, a man and woman approached a female victim, pepper sprayed her and took her purse.

In the third incident, a man and two women reportedly robbed two women leaving an Outback Steakhouse. Police reported that the assailants struck one victim in her thigh and repeatedly punched the other victim in the head. A cell phone was reported stolen in the robbery.

The incident in which the female victim was rear-ended and pepper-sprayed occurred on a subsequent night after the female victim left a Publix near West Broward Boulevard and Northwest 69th Avenue.

Stores’ Duty of Care to Shoppers

As more of these attacks occur, the more likely it is that Publix and the shopping centers in which they’re housed may be opening themselves up to legal claims. Although Publix issued a statement after the incidents noting its commitment to the safety of its customers and employees, the company so far has failed to provide warnings to customers on its website.

Legal claims for premises liability often center on negligent actions by a property owner that lead to injuries. Courts have ruled that liability can extend to crime victims, who may be able to recover compensation for injuries caused by criminal acts that occurred on business property.

The ability of a plaintiff to recover damages depends on several factors. The first is the status of the plaintiff at the time of the injury, which helps determine the duty of care for which the property owner is responsible. If an individual is trespassing, for example, the owner of the property owes very little — if any — duty of care.

Invitees are owed the highest duty of care by property owners, the courts have ruled. Invitees usually are individuals that a property owner invites to their property, often for the economic gain of the owner — for instance, customers in a store.

The duty of care to invitees typically includes warning them of dangers of which the owner but not the invitee is aware, maintaining the property in a safe manner, and inspecting the property for possible unknown sources of danger. Some courts have ruled that property owners must guard invitees against foreseeable crimes committed by third parties.

Were These Armed Robberies ‘Foreseeable?’

Courts across Florida have agreed that invitees are entitled to reasonable protection against crimes that are foreseeable. However, jurisdictions differ on the meaning of “foreseeable,” with one or more of the following variables in play:

  • Similarities among previous crimes.
  • Nearness in time of the previous crimes.
  • Nearness in geographic location of the previous crimes.

Improved Security in Shopping Areas Is Critical

In the recent incidents in Plantation, we believe that Publix and the shopping center owners have a clear duty to take measures to protect their invitees — their customers. Four very similar cases of robbery have occurred in a small geographic area, at around the same times and committed by the same presumed suspects.

At this point, it’s clear that a pattern exists and that the duty of care by the shopping centers and Publix includes warning customers of these incidents. The stores and shopping centers also must increase the security measures they are providing — including patrols, lighting, cameras and other measures — to ensure that customers can load their purchases into their cars and exit the premises safely.

Have You Been a Victim of Crime?

If you’ve been the victim of a crime that occurred on the property of another party, you may be entitled to compensation if the property owner did not do enough to mitigate dangers and warn you. Compensation can include payment of medical bills, emotional distress, lost income, and pain and suffering. For a free consultation with an experienced premises liability attorney, please contact Kaire & Heffernan, LLC.

Retailers Need To Increase Security As Crimes Continue To Rise

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The rise of violent crimes in and around shopping centers give consumers another reason to shop online. Most consumers shop online for the convenience or pricing.  The real payoff may be safety.

In recent days, shoppers leaving Publix supermarkets have been attacked.  As reported by Channel 10 news, there are multiple reports of people getting robbed after leaving Publix stores in Plantation.

The attackers are following shoppers out of the Publix parking lot and waiting to ambush them.

Recently, a female victim left her local Publix and started driving home. Security cameras at her neighborhood caught her driving right past the guard gate, but there was another car following her.

After they hit her car  she stopped and got out.  When she stopped to check the damage to her car, the woman who was driving got out and began to apologize to get close to her and then used pepper spray on her.

Two men also jumped out with guns, making demands. The victim ended up on the ground and minutes later, their car was seen leaving the property, followed by the victim’s car speeding out — neighbors and witnesses said it was stolen.

It has been the talk of the town, especially on social media lately. That’s because Local 10 News knows of at least three separate similar incidents all beginning at Publix supermarkets in Plantation.

Police across the city have been on alert seeing a similar pattern at those stores involving guns or pepper spray, or like in this case, both.

“We are working closely with the Plantation Police Department and the Broward Sheriff’s Office regarding incidents happening within the city,” Publix said in a released statement. “The safety of our customers and associates is a top priority for us.”

The Publix statement is misleading.  I went on their website this morning, and there is no mention of the crimes or any warning letting shoppers know that they should be on the lookout.

Publix owes a duty to their shoppers to warn  of  dangerous conditions.

The primary issue in finding liability in a negligent security case is foreseeability. Foreseeability concerns whether the business has taken adequate steps to guard its customers from any criminal conduct that can be reasonably anticipated.  Now that Publix is aware of the criminal conduct, they must take steps to protect their customers.  The steps  include posting messages in their stores and on their website, and increased security in the parking lots.  Hopefully Publix will take the necessary steps to protect their customers.

Unfortunately, retailers don’t like to spend money on security measures, and thus negligent security cases are on the rise.   Yet another reason to buy online.

As Violent Crimes Continue To Rise Business Owners Must Spend On Security Measures

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Violent crimes in South Florida are a daily occurrence.   Stories ranging from bullets flying on South Beach to a shooting outside the Miccosukee casino, are all too common.  While not all of these events are not preventable; the majority are.  The issue of foresee-ability, and thus what preventive measures should be undertaken,  is the determinative question in  negligent security cases.

When formulating a budget, most business owners will ignore security costs.  Lets face it, security measures can be expensive, and are not viewed as adding to the bottom line. However, businesses have a non-delegable duty to maintain their premises in a reasonably safe condition. This includes everything from lighting to security.  Thus,  if the owner or operator of a business knew or should have known that criminal conduct was highly likely to occur, and failed to take reasonable steps to protect its customers from that foreseeable criminal conduct, that business may be liable in tort for the personal injuries suffered by its customers from a crime carried out upon the premises.

A recent story from Christmas day illustrates the point.  As reported by the Miami Herald,  Fernando Duarte, an Army Ranger, had just won a prize while playing the slot machines at the Miccosukee Resort & Casino.  Moments later Duarte got into “a brief verbal altercation” with Mikey Tyquan Lenard and Kenin Sherrod Bailey inside the casino,  the fight escalated in the  parking lot where Bailey shot Duarte in the lower leg and  wrist.

Duarte was taken to Kendall Regional Medical Center, where he died during surgery, police said.

A Casino MUST provide adequate security in and around its premises, especially in a parking lot.  It is foreseeable that patrons will have cash while walking in or out of the parking lot, and thus are at an increased risk of a violent crime.

A strong security and police presence would have deterred the shooters and more likely than not prevented this senseless tragedy.

 

 

Florida Supreme Court Approves $4.5 Million Negligent Security Verdict

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broken gateA Florida jury awarded $4.5 million to a grieving family after its loved ones were murdered inside their own apartment home. The jury found that the owners of the apartment complex were liable on grounds of premises liability, an area of law that holds property owners accountable for the dangerous conditions they permit or create.

Such a substantial verdict was sure to prompt a legal challenge. Sure enough, the defendants appealed — and won. Unsatisfied, the victim’s’ family took its plight to the Florida Supreme Court, which overruled the appellate court and ultimately upheld the original verdict for $4.5 million.

The heartbreaking case serves as a stern reminder of just how important premises safety can be. Moreover, it underscores the incredibly serious duty that landlords and property owners face under Florida law.

Dangerous Apartment Conditions Lead to a Double Murder

20-year-old Ciara Sanders lived in a small apartment with her 17-year-old brother, Chauncey, at Gatehouse on the Green in Plantation, FL. They’d spent about a year in the apartment when Ciara’s newborn baby joined them there.

Tragically, the two siblings were found dead in their apartment in September 2005. Both had apparently been shot, though next-door neighbors say they never heard gunfire.

Ten years later, police still haven’t solved the crime, though they suspect the two knew their killer(s). Fortunately, Ciara’s brand-new baby was left unharmed in the attack.

Reportedly, an investigation found that Gatehouse on the Green had allowed its front security gate to remain “chronically broken” for many months, despite the high rate of criminal activity at the complex. Notably, the owners began to repair the fence the day after the deaths, but it was too little, too late.

The jury found that the apartment’s operators had significantly contributed to the sibling’s’ death, though they ultimately assigned the owners only 40% of the negligence. That means the $4.7 million in damages would be reduced to $1.8 in total liability for the complex owner. After a years-long appeal process, the Florida Supreme Court ultimately made that verdict final.

Talk to an Experienced Miami Negligent Security Attorney

Sadly, violence and injuries unfold in apartment complexes and across all kinds of property throughout Florida every single day. Very often, a landlord or property manager’s negligence is to blame.

As a general rule, landlords and apartment complex owners have a legal duty to maintain safe and habitable premises for their tenants, and that includes a duty to keep the property in good repair.

If you or a loved one has been injured or killed, and you believe that unsafe property conditions may be to blame, an experienced Miami negligent security attorney at Kaire & Heffernan, LLC can help.

We understand how serious these cases are, and we have many years of experience in aggressively pursuing maximal compensation on our clients’ behalf. We’re here to help you. Our services are available without charge unless and until there’s a successful outcome in your case. Please contact us to set up a free consultation today.

 

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Suing Bars and Restaurants for Negligence or Lack of Security

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Bar NegligenceWhat do you expect from your favorite restaurant or the local pub? Good service? Cleanliness? A hot and delicious meal?

What about safety?

Here in Florida, restaurateurs owe their patrons a number of legal duties, not the least of which is the duty to make reasonable efforts to keep customers safe from illness, injury, and harm. So when accidents do happen inside a bar or restaurant — and it happens more often than you might think — the victims often end up seeking compensation for their injuries from the establishment’s owners.

Here at Kaire & Heffernan, LLC, we understand how important a safe and reliable restaurant experience is. When you sit down for a drink or a meal, you have the right to expect that the owners are taking care of you while you’re there. If they create dangerous conditions that ultimately lead to your illness or injury, we can help you recover financial compensation pursuant to personal injury law.

Restaurant Liability Examples

The most common sources of restaurant liability include:

Get Help from Our Miami Premises Liability Attorneys

If you or a loved one has suffered injury in a restaurant, bar, or any other establishment in Florida, the negligent security attorneys at Kaire & Heffernan, LLC can help.

We take these cases on a contingency basis, which means that we won’t charge a fee for our services unless and until there’s a successful outcome in your case. We also offer an initial consultation at no charge whatsoever. Contact us right away to set one up today.

 

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How to File a Lawsuit for Negligence Against Your Landlord

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A landlord owes a non-delegable duty to maintain its premises in a reasonably safe condition.  That duty applies to both residential and commercial properties.

Landlord’s Must Take Adequate Security Measures

Negligent security cases start and end with the concept of foreseeability.  The more foreseeable the crime, the greater the responsibility of the landlord to implement security measures.  Negligent Security cases involving commercial establishments typically revolve around the landlords failure to maintain the common areas and failure to take adequate security measures.  For example, if a property is located in a high-crime area a landlord should make sure that the property is well lit, and should consider providing security guards.  In addition a landlord should properly screen all tenants and complete thorough background investigations.

The same requirements are applicable to residential landlords.  To that end, a property manager recently settled a wrongful death lawsuit for $1.5 million for failing to perform an adequate background investigation on a tenant.  In that case David Lawrence Nelson, 31, a former Marine who moved to South Florida from the Pacific Northwest two years earlier, died of multiple gunshot wounds in the parking lot of the Harbor Town Apartment Homes in Plantation.  Nelson was shot by Jaime Vogel, a fellow tenant at the same apartment complex.

Nelson’s wife, Marla, sued the apartment complex’s management company for negligence, arguing that they should have known Vogel was a risk and never should have rented an apartment to his family.  The lawsuit was filed on the premise that a person who rents a property from a landlord or manager expects proper background checks to be conducted on other renters.  The facts in this case were even more egregious because Greystar had run a background check that revealed Vogel had previously lived in another Plantation property managed by the same company, and that he had been evicted for causing disturbances and making death threats against other tenants.  Yet, they rented another apartment to him.  They wisely settled the wrongful death negligent security case for $1.5 million.

 

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