negligent seucrity lawyer

August 9, 2022

Victims’ Remedies When Miami Businesses Ignore Criminal Activity

As one of the largest cities in Florida in terms of population, Miami is no stranger to crime. In fact, according to statistics compiled by the Florida Department of Law Enforcement (FDLE), Miami-Dade County tops the list in terms of arrests, with more than 44,000 total arrests every year. Some involve minor misdemeanors, such as shoplifting, public intoxication, and disorderly conduct. However, many individuals are arrested for serious, violent crimes, including murder, aggravated assault, rape, and aggravated robbery.

You can take extra precautions to protect yourself, such as not walking alone at night and being alert about your surroundings. Still, there are places where you expect a certain level of safety, such as stores, restaurants, and other businesses. Owners have a duty to maintain safe premises, which may include implementing security measures in the presence of criminal activity. Unfortunately, some shirk their legal duty by ignoring crime. A Miami crime victims lawyer can advise you on legal options if a business owner failed to act in light of the following.

Reports of Criminal Activity

November 4, 2020

Shop Owner Liability for Fatal Shooting Incident in South Florida

by Gerson & Schwartz, P.A.

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

October 30, 2020

Do Premises Liability Laws Apply to Fatal Shooting in South Florida Parking Lot?

by Gerson & Schwartz, P.A.

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

April 25, 2016

Club Extacy Strip Club Shooting; Negligent Security Claim should be investigated says leading Miami Personal Injury Law Firm, Gerson and Schwartz, PA

by Gerson & Schwartz, P.A.

A Miami strip club turned into a deadly crime scene after shots were fired in a parking lot of Club Extacy Gentleman’s club located at 728 NW 79th St in Miami, Florida. According to reports, at least two people were struck by the gun fire. One person was fatally wounded and the other, one Courtney Yarborough was rushed to Jackson Memorial hospital in critical condition. Leading Miami Personal injury lawyers at Gerson & Schwartz, PA are looking into the details about the case because the firm specializes representing crime victims and family members of crime victims for the criminal acts of third parties. The firms has represented numerous victims of violence including victims seriously injured at night clubs and other commercial businesses throughout Miami-Dade and Broward Counties.

Regardless of whether or not there is an arrest, there may be a negligent security claim pursued on behalf of the victims family members. Under Florida law, property owners have a legal obligation to maintain their premises in a reasonably safe condition. Property owners and landlords must provide reasonable safety and security measures for the protection of their guests, and tenants. What is reasonable under the circumstances will depend on a number of factors such as whether or not there was a history of violence on this property. The fact that this incident occurred in a strip club may imply that private security guards and detailed security patrol procedures were necessary in order to provide a safe premises.What the security plan or procedures in existence remain unclear. However, it appears that this not the first time there has been the potential for violence on the premises before this past weekend.

Under Florida law, property owners and business operators, such as the club Extacy operators may be liable if they fail to undertake reasonable security measures. In this case, it appears that a fight may have begun inside the club earlier that evening and was what initiated some of the violence. There are multiple legal theories of legal liability to hold others financially accountable for what transpired. Gerson & Schwartz, PA has over 45 years representing injury victims and their families. For more information, contact Gerson & Schwartz, PA today at 305-371-6000 or email info@gslawusa.com