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premises liability Tag

Haggard Law Firm > Posts tagged "premises liability" (Page 2)

Evidence Preservation in Fire Cases

Article By Pedro Echarte, The Haggard Law Firm

When handling personal injury/wrongful death cases resulting from fires, the importance of quickly notifying the property owner of the potential claim and gaining immediate access to the property to the perform a site inspection is imperative.  While in other types of cases (e.g., drowning, automobile, aviation, medical malpractice, negligent security) the evidence required to prove your case is generally preserved, that is generally not the case when it comes to litigation stemming from fires because landowners (whether residential or commercial) generally want to promptly repair their premises after a fire in order to avoid a significant loss of income.  Once the property is altered or repaired, it will be difficult to determine not only the cause of fire, but also what fire safety measures that property had at the time of the fire and whether they operated as intended.

In fire cases that we have handled, we have accomplished early notification to the potential defendant and coordination of a site inspection in one of two ways. Generally, we first attempt to reach the property owner directly, informing them of the potential claim and requesting access to the property.  If we are unable to contact the property owner or if the property owner refuses to give us access to the property, we file the lawsuit along with an emergency motion seeking to enjoin the property owner from repairing the property and requesting access to the property for a site inspection.

String of Gas Station, Retailer Parking Lot Robberies

In the last week, there have been a string of robberies at gas stations and parking lots of popular retailers in South Florida. A large percentage of the negligent security cases The Haggard Law Firm has litigated in the last decade have included violent incidents involving these types of businesses. Cases like Snell VS Family Food Saver II, CORP which occurred on the property of a gas station and Pilotos v. Ryta Food Corp which was a deadly shooting in the parking lot of a grocery store.

Following the most recent news, Haggard Law Attorney Todd Michaels said:

“Every business owner who holds themselves open to the public has a duty to assess the risk of crime occurring on their property, and to implement adequate security based on that risk.  All too often, we have seen business owners fail to do so, and the result is both tragic and predictable.  Unless business owners are doing their part, there is little that the police or individuals themselves can do to remain safe.”

 

 

FULL ARTICLE ABOUT Palm Beach County crime spree:

Protecting Employees in High Crime Areas, Employers’ Requirements

Workplace violence tends to grab headlines because the thought of a coworker murdering or maiming colleagues imparts a sense of dread that we do not like to visualize in those around us every working day of the week.  More frequent, however, are those crimes of opportunity facing employees in high-risk environments, such as convenience and liquor stores, fast food restaurants and check cashing businesses.  The nature of their work requires large amounts of cash on hand, and such businesses are frequently located on major highways to increase foot traffic and customer counts.  Those same factors that make the shopping experience easier for the customer help make committing these crimes easier for the would-be robber.  The ability to enter the property in a car, and disappear rapidly into a sea of commuter traffic make apprehension much more difficult for law enforcement.  Signage in the windows offering discounts and sales often blocks the view of passersby into the windows, making the observation of an ongoing crime more difficult.  In the convenience store setting, Florida law acknowledges these realities through F.S. 812.173, the “Convenience Business Security Act.”

Four Lawsuits Against Jacksonville Apartments Draws Media Coverage

 

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The Haggard Law Firm is currently litigating four cases against the Eureka Gardens Apartments in Jacksonville. The negligent security cases involve two victims of a 2016 mass shooting, the 2014 murder of a 15-year-old and a 2014 murder of a 22-year-old father.

Yesterday, The Haggard Law Firm’s Douglas McCarron and Jason Brenner were joined for a press conference in Jacksonville by the mass shooting victims and the families of the young men killed.  The focus of the message was to plead for change at Eureka Gardens to help stop the continued violence while reminding all property owners they have a responsibility to invest in the proper security of the residents and guests that visit a property, no matter where it is.

2 Haggard Law Attorneys Recognized among ‘Most Effective Lawyers’

The Daily Business Review has just released its list of 2016 Most Effective Lawyers.

We are proud to report that Haggard Law Firm attorneys Todd Michaels and Pedro Echarte were the only two lawyers in Miami-Dade County recognized in the Personal Injury category. Michaels was  named the Most Effective Lawyer, while Echarte was the only other finalist listed.

$2.3 Million Result in Mobile Home Fire Death Case

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Jacksonville, FL –  The lack of required smoke detectors in a mobile home was the primary reason 5 year old Caydon Anderson will never see his beloved father Jemarr again. On May 18, 2015, 26-year-old Jemarr Anderson was asleep in a mobile home at 7582 Sonia Drive in Jacksonville when a fire broke out.  The young father died of smoke inhalation in the fire that scorched the home.