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Coral Gables, FL 33134

633 S. Andrews Avenue Suite 400
Fort Lauderdale, FL 33301

(305) 446-5700

(954) 323-4400

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$13 Million Verdict in Product Liability Wrongful Death Case

The Haggard Law Firm’s Pedro Echarte and Todd Michaels, along with co-counsel Ernesto Santos of HALPERN | SANTOS | PINKERT, have obtained a $13 Million verdict in a Miami – Dade County Court in a wrongful death product liability case involving the carbon monoxide poisoning death of a father of two. 

On July 12, 2019, Matthew Burns died after succumbing to carbon monoxide poisoning resulting from his use and operation of a piece of machinery known as a “Shot Blaster, ” which he rented from Defendant SUNBELT RENTALS.

The Burns Family
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Trial Lawyers Must Keep Fighting For Crime Victims in Florida

On March 24, 2023, Governor DeSantis signed into law HB 837. Simply put, this new law is a broad sweeping attack on the civil justice system and victims’ rights. While proponents have touted the legislation as “tort reform,” the reality is that its intent is to put up roadblocks to Floridians seeking justice from those that have injured or killed them through acts of negligence. The law is targeted at all types of victims and cases, but the legislature attempted to target no group more than victims of crime. 

Under Florida law, those that own and operate businesses and real property have a duty to maintain their premise in a reasonably safe condition. Florida courts have repeatedly recognized that this duty includes the duty to implement reasonable security measures to protect invitees from reasonably foreseeable crime. Accordingly, the more dangerous a property is, the more security it should have. When that duty is breached and someone is harmed during the commission of a criminal act, they can hold the negligent business or property owner responsible for the damages they suffer in a “negligent security” action. 

Michael Haggard discussing mass shootings during
an international conference of security professionals

This new legislation appears to attempt to attack crime victims’ substantive rights in two ways. However, because the legislation is poorly worded and somewhat ambiguous (clearly a product of it being hastily drafted and rushed through the legislative process to avoid serious debate) the ultimate ramifications remain unknown. 

What is known is that the primary impetus behind the bill was to make it more difficult for crime victims to obtain compensation through the civil justice system for the damages they suffer. If the proponents have their way, the ultimate implications for not just crime victims, but for our community would be enormous. The legislation could limit crime victims’ ability to seek justice for what they have suffered. The legislation also could make our communities less safe as there will be little incentive for business and property owners, especially multifamily residential complexes, to implement much-needed security. We will not let either happen. 

Michael Haggard Discusses Tort Reform

The first of the two purported changes relates to how a jury can decide negligent security cases and who civil defendants in a negligent security case can blame for the injury causing criminal attack. It has long been the law in Florida that when a crime victim sues a business or property owner in this type of case, the jury cannot apportion fault to the intentional tortfeasor (i.e., the criminal) when reaching their verdict. In 1998, the Florida Supreme Court, in Merrill Crossings Assoc. v. McDonald, 705 So.2d 560 (Fla. 1998), held the same and based its opinion on both statutory construction and public policy. With respect to the public policy, the Court recognized that it would be “irrational” to allow a party who negligently fails to provide security measures to reduce its liability by blaming the criminal that committed the attack because the crime itself was what the civil defendant had a duty to protect against. (This is not a novel concept — in dram shop cases the defendant bar owner who overserves a habitual alcoholic cannot reduce their liability by blaming the habitual alcoholic when he/she harms someone who in turn sues the bar). 

Douglas McCarron with several crime victims and survivors in Jacksonville

By passing HB 237, Florida Statutes, Section 768.0701 was enacted. This new law states that in negligent security cases the jury must consider the fault of “all persons who contributed to the injury.” Although it doesn’t expressly state it, this now appears to permit the civil defendant to reduce the amount of fault a jury places on them by pointing the finger at the criminal instead. The ultimate implications of such apportionment are very questionable (a debate which is beyond the extent of this article), but ultimately this could potentially reduce the ultimate judgment against the negligent business or property owner and reduce the crime victim’s ability to hold them accountable for their negligence. At a minimum, it could serve to confuse the jury when considering the primary issue before them, which is whether a civil defendant breached its duty to implement reasonable security measures and whether those failures caused or contributed to the criminal attack. 

The new bill does not stop there. The second change relates to the instructions the jury will receive from the Court in certain negligent security cases. The law now creates a presumption against liability for apartment complexes in negligent security cases if they take just a few very basic measures. These measures include maintaining lighted walkways, a surveillance camera at the entrance/exit of the premises, deadbolt locks, locking windows, peepholes, and fences around pools (which isn’t even a security measure, but rather long-standing code requirement to prevent child drownings). If an apartment complex implements just some of these measures, the jury will be given an instruction that the complex is presumed to not be negligent in a negligent security case. 

From both a security and a general policy perspective, the legislation makes little sense. As drafted, apartment complexes will get the presumption no matter how many incidents of crime occur at their premises. And, there are no provisions in the statute requiring that apartment complexes implement additional security measures (e.g., access control, manned security, additional cameras, etc.) if crime continues to occur on the property to maintain the presumption.

Pedro Echarte with crime victim survivors in Miami

One very real example demonstrates the potential absurdity of this new legislation. A few years ago we represented parents of Dwight Higgins who was shot and killed in an attempted armed robbery while visiting a friend at the Lauderhill Point apartment complex in Lauderhill, Florida. The apartment complex had been the location of countless prior incidents of both violent and non-violent crime, including three separate shootings in the three short months leading up to our clients’ son’s murder. In addition to the repeated crime occurring at the complex, the assailants who shot and killed our clients’ innocent son did not live at the complex, but were known to management because they were always at the property and always causing problems there. Despite the substantial crime risk that existed and despite the known problems with the assailants, the complex did absolutely nothing to attempt to address those risks. It had no manned security, its access control gates were broken, it only had a few working surveillance cameras throughout the complex, and it did nothing to try and stop the assailants from terrorizing those that lived and visited the apartment complex.

While we were able to get justice for Dwight’s parents, their rights and ability to recover would be significantly diminished should the proponents of this new legislation have their way. Under this new law, that apartment complex may get to argue to the jury that they should not be held accountable for their own security failures because it was the assailants (again, who were known to the complex) who actually shot our clients’ son, and therefore the assailants should receive all of the blame. Further, because all of the apartment units presumably had deadbolts, peepholes, and some lights the apartment complex could get a presumption against liability even though it was clear that their security measures were woefully inadequate.

Our firm has specialized in representing victims of crime for a long time. We have pursued justice for countless crime victims injured or killed in preventable criminal attacks. It is a cause that we, and others like us, have championed and will continue to fight for no matter what roadblocks the insurance industry and big business tries to put in front of us. We will do it both for the crime victims and also for our communities to keep them safe. Unfortunately, as everyone well knows, it is only with the threat of a civil lawsuit that business and property owners will spend the money to implement the requisite security to keep people safe. 

It is disheartening to see our elected officials prioritize the profits of insurance companies and negligent businesses over the rights of crime victims and the safety of our communities. Notwithstanding their best efforts to eliminate these cases, claims, and causes, we will fight more now for our clients than ever before. There will be challenges to this legislation and also serious arguments made about its ultimate implications for civil defendants (it may not be what the proponents had anticipated). But, regardless of the ultimate outcome of those challenges and arguments, we will continue to obtain justice for our deserving clients and hold these bad actors responsible for all the damages and suffering their negligence causes. We have no doubt that we will convince juries that the responsible parties in civil cases are those that create the conditions and environments for these crimes to occur and that juries will ultimately place minimal or no fault on the criminal themselves. We also have no doubt that we will overcome the presumption against liability. We will demonstrate to juries, as we have done for decades, that apartment complexes that do nothing to protect residents and guests in the face of significant crime risk are in fact liable for the injuries and death resulting from their security failures. Those that prioritize profits over people will continue to be held accountable for their actions.

$4.55 Million Obtained in Broward County Negligent Security Wrongful Death Case

The Haggard Law Firm’s Michael Haggard and Adam Finkel obtained a $4.55 Million settlement in a wrongful death negligent security case involving the murder of a father of three.

Attorney Adam Finkel Photo
Trial lawyer Adam Finkel
Attorney Michael Haggard Photo
Managing Partner Michael Haggard
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Top Trial Lawyer Kimberly L. Wald Joins The Haggard Law Firm

Trial Lawyer Kimberly Wald

Coral Gables/Ft. Lauderdale – The Haggard Law Firm has hired trial lawyer Kimberly L. Wald who will work from the renowned law firm’s first-ever office in Broward County.

Wald comes to The Haggard Law Firm from Kelley Uustal where she focused on catastrophic personal injury, wrongful death, products liability, tobacco, and medical malpractice litigation. To date, Wald has obtained verdicts and settlements totaling more than $104 Million. Those cases included a $35 Million dollar jury verdict in 2021 for a paralyzed Navy veteran who suffered catastrophic injuries in a car crash case. Two other results of significance include a $28,795,000 verdict against the second-largest cigarette manufacturer in the country and a $4 Million medical malpractice arbitration award.

“We have spent a significant amount of time searching for our next experienced, talented, and passionate trial lawyer,” says Michael Haggard, The Haggard Law Firm’s Managing Partner. He adds, “Kim is a grand slam hire. She has the skill, creativity, and commitment we demand as a trial-focused firm that advocates for our clients. She also champions causes that can help make a positive difference in the communities we touch.” I am ecstatic to join the prestigious Haggard Law Firm,” says Wald. “I have co-counseled cases with the Haggard Law Firm for the past four years and have always admired their dedication and commitment to protecting our community. I am thrilled to be able to work alongside the best and brightest attorneys and look forward to continuing to fight for justice on behalf of injured victims.”

Kimberly is the incoming President of the Young Lawyer’s Section of the Broward County Bar Association (BCBA). She also serves on the Broward County Trial Lawyer’s Association Board of Directors as the Newsletter Editor and is the Chair of the Annual Young Lawyers Judicial Reception. She also serves on the Young Lawyers Division Board of the Florida Justice Association and is an active member of Trial School and the Broward County Women Lawyer’s Section. In 2021, Kimberly was honored to be selected by the Broward County Trial Lawyers Association to receive the inaugural “Rising Star Award.” She also was named a “Rising Star” by the Super Lawyers organization in both 2020 and 2021 and additionally was named one of the best lawyers in America “Ones to Watch” in 2020, 2021, and 2022. Wald was named one of the Daily Business Review’s “Most Effective Lawyers” in 2016.

Wald, and her new support team, will be the first members of The Haggard Law Firm to staff the 50-year-old law firm’s maiden office in Ft. Lauderdale. About the office expansion, Haggard says “Our Firm has been handling cases across the country for decades, but we felt this initial expansion into Broward County will further enhance our opportunity to consistently serve in that community.

Kim’s well-established reputation and the positions she holds in Broward make this decision to expand our offices a simple one.”Haggard adds that as the number of the Firm’s catastrophic injury and wrongful death cases continues to increase, he expects to open more offices across Florida.

$2.75 Million Wrongful Death Case Involving Crash Into Tractor Trailer

The Haggard Law Firm’s Todd Michaels has obtained a $2.75 Million settlement in an auto negligence wrongful death case. Per terms of the settlement, the names of the plaintiff and defendant must remain confidential.

Case Background

Plaintiff brought this wrongful death commercial automobile accident case on behalf of her nineteen-year-old son against ABC Corporation and their driver. ABC Corporation was involved in a road construction project in northern Miami-Dade County. On the evening in question, they had sent one of their drivers, John Roe, out driving a flatbed tractor-trailer. Roe was a convicted criminal with a history of careless driving citations. As he was the cousin of the owner of ABC Corporation, he was immediately hired and put to work driving tractor-trailers without the usual training and background check that ABC Corporation performed on most of its drivers.

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$11.95 Million Settlement in a Drowning/Wrongful Death Case

The Haggard Law Firm’s Michael Haggard and Adam Finkel, along with co-counsel Julie Hager, have obtained a nearly $12 Million settlement in a drowning case involving a child who made his way through a broken pool gate and into a community pool.

During the morning of August 24, 2019, Mohamed Salim, a resident of the Arbor Keys Condominiums in Tamarac, Florida, dropped off his minivan with a neighbor, so that it could be washed. Later that afternoon, Mohammed, along with his four and six-year-old sons, walked across the parking lot to check on the status of the van. As the van was not ready, Mohamed sent his sons to the nearby playground, while he waited for his van to be finished. At least 13 minutes later, Mohamed heard screams, as it had turned out that his boys left the playground and made entered the community pool. They did this without Mohamed’s knowledge, and while he was monitoring his van.

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$1.32 Million Verdict for Injured Model

The Haggard Law Firm’s Todd Michaels, Shelby Walton, and James Blecke earned a $1.32 Million verdict in the negligent security/personal injury case involving Wiley Lowe.

From left to right: Haggard Law’s James Blecke, Shelby Walton, Todd Michaels with client Wiley Lowe

On January 31, 2016, Lowe was a guest at the Elysium Hotel in Ft Lauderdale. Elysium was part of a larger group of hotels known as North Beach Hotels. The hotels were comprised of 15 separate hotels over a 1.5-mile square area.

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$1 Million Pre-Suit Settlement in Gas Station Murder Case

The Haggard Law Firm’s Michael Haggard and Adam Finkel have obtained a $1 Million pre-suit settlement in a negligent security wrongful death case against a gas station operator.

On July 15, 2020, just before midnight 20-year-old Zion Lamar was shot and killed at a Solo gas station in Pompano Beach. Zion lived nearby with his girlfriend and was sent to purchase snacks but never returned home.

Precisely what transpired is unknown as the owner of the gas station did not install functioning surveillance cameras, nor did the clerk respond to audible commotion occurring on the property. Although there is a cell phone video of Zion writhing on the ground, he died shortly thereafter and there is no known eyewitness testimony. It is believed that an altercation occurred outside involving several people, during which Zion was shot.

This settlement was reached after The Haggard Law Firm presented its position regarding the clear liability in this case and the damages associated with the death of a young man. While the defense could not contest the staggering history of daily drug dealing, public intoxication, and violence at the gas station, the defense contested the Plaintiff’s description of the damages in the case.

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$5 Million Pre-Suit Settlement Obtained for Father of 4 Paralyzed in Shooting

Miami, FL – The Haggard Law Firm’s Michael Haggard and Adam Finkel have obtained a $5 Million pre-suit settlement in a negligent security case involving the catastrophic injury suffered by a father of four who was with his children when he was shot outside his home.

On December 20, 2019, 33-year old Paul Barry-Austin returned home from a long day of work. It was a nice day so his wife was enjoying the weather outside with their children. The day drastically turned when she noticed a few unknown men roaming the Alhambra Cove Apartment complex’s parking lot. She noticed the men more than once, roaming suspiciously, and expressed concern to Paul. Worried for the safety of his family and aware that the property owners and managers did nothing to prevent or curtail the many burglaries, car thefts, and assaults on the property, Paul walked through the parking lot to make sure the men were not near his home. Soon after, Paul’s wife heard gunshots, and Paul was found lying in the parking lot in a puddle of blood. He had been shot in the back—likely by the very criminals that roamed the property.

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PRESS CONFERENCE: Miramar Parkway Police Shootout

On Thursday, October 8th a press conference will be held to discuss new findings in the shooting deaths of Frank Ordonez, Rick Cutshaw, and the injuries suffered by Carlos Lara during the December 2019 police shootout on the Miramar Parkway following a two county high-speed chase.

The Haggard Law Firm’s Michael Haggard and Adam Finkel will discuss a new witness who says the police shot first. The lawyers will also announce the intention to file a lawsuit on behalf of victim Rick Cutshaw’s family

Background

On December 15, 2019 UPS driver Frank Ordonez, 27, was taken hostage by two men, who stole his truck after robbing a Coral Gables jewelry store. A high-speed, two-county chase with multiple police departments ensued.

It ended when the UPS truck encountered stopped traffic at an intersection of the Miramar Parkway just west of Flamingo Road. Law enforcement boxed-in the delivery truck and officers exited their vehicles.

As officers approached the truck with their weapons drawn, using bystanders’ vehicles as cover, they opened fire on the robbers and Mr. Ordonez. Through the course of the shootout the kidnappers, Ordonez, and 70-year-old bystander Rick Cutshaw were killed. Bystander Carlos Lara suffered significant injuries.

A lawsuit on behalf of Ordonez and Lara was filed against six law enforcement agencies on September 16, 2020.  

‘Miramar Parkway Police Shootout’ Press Conference

When: Thursday October 8, 2020 – 1 PM EST

Where: Hyatt Regency Coral Gables (Alcazabra Room)

50 Alhambra Plaza, Coral Gables, FL, 33134 USA

Speakers:

  • Jasmine Martinez – mother of Frank Ordonez’s two daughters
  • Luz Apolimario  – Frank Ordonez’s mother)
  • Michael Haggard, attorney, The Haggard Law Firm
  • Adam Finkel, attorney, The Haggard Law Firm

Livestream: The press conference will be live streamed on The Haggard Law Firm Facebook page: https://www.facebook.com/HaggardLawFirm

NEWS MEDIA CONTACT: J.P. HERVIS 305.321.4293

*Only credentialed members of the media are invited to attend

*All CDC-guided COVID-19 safety protocols will be in place.