On August 16th, 2018 The Haggard Law Firm will present Winning Case Strategies in Premises Liability, a FREE CLE Credit Seminar. The event will take place from 1 to 5pm at the Doubletree Jacksonville Riverfront. To RSVP for the seminar, email or call Stacy at slaffere@haggardlawfirm.com 305.446.5700
This article about premises liability cases was authored by trial lawyer and Haggard Law partner Douglas McCarron who will be one of the presenters at the CLE Seminar
Common Conditions that Give Rise to a Premises Liability Case
by Douglas Mccarron
In my experience, the most common condition in any premises liability case is the lack of guardianship of the property. In most instances, the property owner and/or manager fails to put in place policies and procedures that ensure that the premises is kept in a reasonably safe condition. For example, in many negligent security cases it becomes obvious that the owner and management fail to do anything that assesses violent crime occurring at the property. Without knowing what type of crime is happening, it is nearly impossible to know what type of security measures are needed. How can the owner make decisions about access control, manned security, and surveillance cameras, if they have failed to gather the crime statistics for the property and the surrounding area? The answer is simple, they do not know and consequently violent crime continues to victimize the property’s guests and invitees. In slip and fall cases, many properties fail to ensure that their employees follow the internal policies and procedures to maintain the property in a safe manner. This leads to dangerous conditions being left on the property for an unacceptable amount of time.
If property owners simply prepare policies and procedures for their employees to follow and have appropriate supervision to ensure that the policies and procedures are being followed, then the most dangerous conditions would cease to exist. Obviously, financial considerations come into play for the property owners. In developing a premises liability case, it is important to discover exactly what property owners are failing to do and why they are failing to do it. Jurors do not appreciate property owners turning a blind eye and pleading ignorance. Jurors also do not accept that the owners do not want to put the necessary resources (money) into the property to make it safe.
Every trial lawyer understands the significance of creating and developing a strong, clear theme for their case at trial. The theme of your case initiates a tone towards your Case-in-Chief and if powerful enough, it will dictate which fork in the road, favorable or unfavorable to your client, the jury takes.
Opening Statements
Opening statement is the second opportunity the trial lawyer has to begin planting the seed of bias in favor of his or her client—seasoned and skilled trial lawyers understand voir dire is really the first opportunity. It is critical to communicate to the jury and ingrain within each member of the jury a persuasive and powerful theme. Why? Once your theme is etched into the minds of the jury, each juror will begin to look for evidence that supports that theme. If a particular piece of evidence contradicts that theme they will likely discard that piece of evidence or they may not associate as much credence with it as they would have had it fit with your theme. This is vital to the outcome of your case. The theme essentially summarizes your case for the jury. Whether it is a short phrase or one word, the theme should capture the case theory, tone and the area of focus for the jury. The theme should be simple and easy to understand. I can share with you a case example in a recent trial of The Haggard Law Firm—the case of Trinard Snell.
Our firm tried the negligent security case against a gas station owner and operator, which resulted in a $5.7 million dollar verdict on behalf of the deceased Plaintiff and his survivors. Understanding the importance of a clear theory and a memorable, persuasive theme, we began opening statement with our theme— inadequate security on a crime-ridden property.
The case theme was presented to the jury at the very beginning of opening statement, repeated throughout the entire opening statement and reiterated at the end. Why? A concept in psychology—primacy, and recency—tells us that order is important! The primacy effect is described as the ability of an individual to recall information better that was presented earlier rather than later. The recency effect is described as the ability of an individual to remember information presented most recently to them better than information that was presented earlier. When you combine the two, optimal information recollection is achieved. Therefore, at minimum, the jury must here your theme at the beginning and at the end of your presentation.
Haggard Law Firm trial lawyer and Managing Partner, Michael Haggard email MAH@HaggardLawFirm.com
Testimony and Evidence Presented
After your jury has been indoctrinated with the theme of your case through voir dire and opening statement, you must keep the jury on that same track during the presentation of the oral testimony and physical evidence. Depending on the length of the trial, the jury will hear days to weeks of testimony. It is their job to sort through the evidence presented and make a just decision at the end of the trial. After weeks of testimony, jurors often become overwhelmed with the volume of information and evidence presented. It is the trial lawyer’s job to organize this testimony and evidence presented to the jury in a manner that diminishes this information overload. I use the analogy of a train on a train track to best describe this concept. The theme is the locomotive. Your jury represents the passengers on the train. The trial lawyer must keep his or her passengers onboard throughout the entire trial until arriving at destination “Favorable Verdict.”
One way to ensure your train passengers are not disembarking is to reiterate your theme and theory of your case throughout each segment of the trial. Your theme should be clear, concise and easy to recognize. The theme is the lens through which your jury will view the case. It is imperative that the lens you provide to the jury is the correct diopter—representing a powerful and persuasive theme. An incorrect diopter will result in a hazy, unclear view of your case and perhaps an unfavorable verdict. Mock trials and jury focus groups are a great way to gauge the lens diopter your jury will need.
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As simple as this may sound, many lawyers have a difficult time successfully implementing these techniques. Through our years of law school and demanding casework at our prosperous law firms, our legal minds are trained to analyze the complexities and minutiae of the law, creating sophisticated legal arguments for opposing counsel and the court. The basic techniques of persuasive communication are often neglected due to the lawyer’s engrossment with the complexities of the legal issues of their case and their own familiarity with legal terms and attitude of simplicity. For example, the trial attorney that uses the theme of “Negligent Actions” will be rudely surprised by the jurors’ varying definitions of negligence. Despite the lawyer’s familiarity with the term “negligence” and its rudimentary elements, it is not so easily nor correctly defined by the jury. Through juror focus groups and mock trials, the lawyer can clear out the fog and rework the case theme prior to trial. During the deliberations at mock trials, I often hear jurors begin an explanation with “Personally, I feel that…” or “To me, this means…” These phrases are indicative of “information gap-filling.” Jurors will pull from their personal experiences to fill in the gaps. Those gaps are either areas where the jury is confused or has simply forgotten the information presented. Regardless of the reason for the existence of the gap, the juror will instinctively try to fill that gap in order to make sense of the legal questions they are tasked with answering. This illustrates why trial lawyers cannot forget the basics and cannot neglect the importance of simplifying and effectively communicating those complex issues to the members of the jury. The skilled trial lawyer will be mindful of this. The skilled trial lawyer will have an engaging theme.
The Haggard Law Firm has been recognized by TopVerdict for notable results in 2017. TopVerdict recognizes U.S. law firms and attorneys who have obtained one of the highest jury verdicts, settlements, court or arbitration awards in the Nation or an individual State, in a particular area of law, and year
The $12 million verdict obtained by Haggard Law in Machado v Waves of Hialeah was named by TopVerdict as the number one inadequate security (negligent security) verdict and third highest premises liability verdict in Florida in 2017. The negligent security, wrongful death case was litigated by our Christopher Marlowe, Jason Brenner, James Blecke and co-counsel Alexis Izquierdo, ESQ.
This is the second straight year Haggard Law has earned the #1 Inadequate Security verdict recognition. In 2016, Brenner and trial attorney Douglas McCarron were recognized for the $1.7 million verdict obtained in Navas V Regal Entertainment Group. That case involved injuries suffered by a Monica Navas after moviegoers trampled her while trying to frantically escape a theater after a suspicious person started a fight days after the Aurora Colorado movie theater mass shooting.
Christopher Marlowe and trial attorney Pedro Echarte were the litigators of the #3 ranked inadequate security case on the 2017 list. The pair delivered a $1 million result in Gilbert v. Cryptical Development LLC.
Late Friday, a Ft. Myers jury awarded long haul trucker Steve Long $907, 211 for the injuries he sustained from a 2014 beating by several people in the parking lot of a Waffle House.
The Haggard Law Firm’s Todd Michaels co-counseled the negligent security case along with Dave Mishael of the Law Offices of David B. Mishael and Steven N. Kassner of Steven N. Kassner, PA.
The team of attorneys explained to the jury that for the 3 years before Long was attacked on April 19, 2014, , there were 24 significant crimes committed on the property. Those crimes included multiple fights (one involving nearly 100 people) and three incidents involving gun shots.
Haggard Law’s Todd Michaels explains “all of the crime and danger occurred in the 3rd shift, nonetheless, there was nothing done about it, IE: no security in the parking lot, no outside security cameras, poor lighting and no manned security.”
IATL is an international legal association both in spirit and membership. The Academy limits Fellowship to 500 active trial lawyers from the United States and includes over 150 Fellows from nearly 40 countries across the globe.
Fellowship in the Academy is by invitation only, and trial lawyers become Fellows only after an extremely rigorous vetting process, which includes both peer and judicial review. The Academy seeks out Fellows who have achieved a career of excellence as shown by their skills in trial, and as demonstrated by their integrity and professionalism. Members are often heavily involved in pro bono efforts and contribute generously of their time and resources to their local communities.
The organization sent out the following news release on the day of the March for our Lives protests around the country:
FOR IMMEDIATE RELEASE Contact: Janel Fick, Executive Director info@iatl.net
Austin, Texas, March 24, 2018 – The International Academy of Trial Lawyers this week adopted a resolution supporting an assault weapons ban and endorsing protests aimed at ending gun violence in communities and schools.
The Academy’s board unanimously approved the resolution March 21, citing its interest in maintaining a civil society. The resolution said:
We, as an Academy, believe all assault weapons and high capacity magazines should be banned. The Academy also gives its undisputed support for the protests going on around the United States, including the March for Our Lives events, which demand that safety become a priority and that we end gun violence in our schools and communities.
The Academy, chartered in 1954, is an organization of elite lawyers nominated and selected based on their demonstrated skill and ability in jury trials and other court proceedings. The organization promotes professional excellence, legal reforms, and integrity in the legal profession.
A recent issue of the VerdictSearch periodical named a $12 Million verdict earned by Haggard Law in a wrongful death, negligent security case as the “Featured Verdict” of the month.
Background of Case
A Miami Dade County jury awarded the parents of Yaimi Guevara Machado $12 million following a five-day trial that originated from a wrongful death negligent security lawsuit filed against the Chesapeake Motel.
On April 10, 2016, their daughter, 30-year-old Machado was locked out of her hotel room only wearing a bra and jeans when she asked the staff of the Hialeah motel for help . They refused. Moments later, police say, she was beaten to death by Ronald Lopez Andrade who has been charged with first-degree murder.
Machado’s family filed the lawsuit against the owners of the Chesapeake Motel because they believe its staff had several opportunities to prevent the tragedy. Along with not assisting Machado when she approached them, the hotel’s staff:
Allowed Andrade, who was not a hotel guest, to linger on the property
sold Andrade alcohol
fielded a request from the inebriated Andrade for help to find a prostitute
did not kick Andrade off property when he sought sexual favors from a housekeeper
Over the last decade, The Haggard Law Firm has handled hundreds of premises liability / negligent security cases, delivering more than $300 million in verdicts and settlement in that time.
To read the entire feature by VerdictSearch.com click here: http://verdictsearch.com/state/fl/
Media Coverage
The tragic and preventable crime and subsequent verdict was covered by media outlets across the area and internationally. The parents of Machado continue to hope the exposure of the case will help change motel and hotel security policies so no one else loses their loved one
Although each negligent security case may bring about different facts or require ingenuity with your strategy, there are certain elements of your case that remain constant. One of those elements is crime statistics. The importance of crime statistics in your case cannot be stated enough. Not only do these statistics help establish notice and foreseeability to the defendants, they are also a treasure trove of information.
With respect to notice and foreseeability, your crime statistics establish what the defendants “knew or should have known” prior to and at the time of subject incident. So what should you request? You begin by requesting the calls for service and all police reports for the subject property. This needs to be done in one request. From there, depending on your jurisdiction, you will order up to a mile radius for the calls for service. Once you receive each respective request, you must synthesize the data. For example, you will detail the violent and non-violent crimes and their frequency on the property. This provides a picture of what type of crime was going on at the property. It provides you with the ability to illustrate to the jury the level of crime occurring and can be used effectively to show that it is an improbability for a defendant to be unaware of the police being called to the property.
MEDIA CONFERENCE MONDAY 1:30PM- Security Video Provided
Local Family of Woman Beaten to Death During Sexual Assault Say Hotel Could Have Prevented Her Murder.
A Miami-Dade County Jury Agreed, Just Ordered Hotel to Pay Parents $12 Million.
Hialeah, FL – Late Friday a Miami Dade County jury awarded the parents of Yaimi Guevara Machado $12 million following a five day trial that originated from a wrongful death negligent security lawsuit filed against the Chesapeake Motel.
On April 10, 2016, the 30-year-old Machado was locked out of her hotel room only wearing a bra and jeans when she asked the staff of the Hialeah motel for help (video/audio available). They refused. Moments later, police say, she was beaten to death by Ronald Lopez Andrade who has been charged with first degree murder.
Machado’s family filed the lawsuit against the owners of the Chesapeake Motel because they believe its staff had several opportunities to prevent the tragedy. Along with not assisting Machado when she approached them, the hotel’s staff:
Allowed Andrade, who was not a hotel guest, to linger on the property
sold Andrade alcohol (video/audio available)
fielded a request from the inebriated Andrade for help to find a prostitute (video/audio available)
did not kick Andrade off property when he sought sexual favors from a housekeeper
Machado’s parents, Julia Machado and Rafael Guevara, hope their successful lawsuit sends a message to budget motels to follow the best practices in the lodging industry to provide the security that will help prevent tragedies like these from destroying another family.
The Haggard Law Firm’s Christopher Marlowe and Jason Brenner were joined by co-counsel, Alexis Izquierdo , in litigating this case.
Over the last decade The Haggard law Firm has handled hundreds of premises liability / negligent security cases, delivering more than $300 million in verdicts and settlement in that time.
Make your plans now to join The Haggard Law Firm‘s Michael Haggard from December 5th to the 7th in Portland, Oregon for the 2017 National Crime Victims Bar Association’s National Conference, Civil Actions for Criminal Acts. Haggard, the organization’s President-elect will be among the speakers during the conference. The event offers attorneys a chance to network and learn from other attorneys in the field, and connect with victim advocates, counselors, program managers, attorneys, social workers, psychologists, researchers, nurses, volunteers, administrators, clergy, nonprofit managers, system-based service providers, and leaders from across the country.
Conference Training Highlights Include:
15 workshops and four plenary sessions covering topics such as violence against women, campus crimes, elder abuse, victims with disabilities, underserved populations, children and youth, and many more;
Option to obtain Continuing Legal Education credits; and
Networking opportunities over lunch.
Don’t miss this opportunity to engage with other professionals in the field, or to attend Haggard’s workshop session!
