Florida Injury Lawyer Blog

Miami - A shooting in the parking lot of a Miami apartment complex left three people wounded and a teenage girl dead Sunday evening. Police originally referred to this tragic incident as a "drive-by shooting," however, sources close to the investigation revealed that the assailants exited their car and began shooting. The fifteen year old girl is believed to have been an innocent by-stander.

Miami-Dade Police Department's homicide investigators were initially told that four men riding in a gray Nissan Maxima or Altima fired the fatal shots.

Police said The shooting occurred just after 6:45 p.m. when Nissan arrived at the Annie Coleman apartment complex located at 2135 NW 52nd Street. According to detectives, the car pulled into the courtyard and several shots were fired from what is believed to be an AK -47 assault rifle, leaving a young girl dead and three others wounded.

The identity of the girl who died at the scene is not yet known. The others who were wounded in the shooting were transported to Jackson Memorial Hospital by Miami-Dade Fire Rescue.

Witnesses said the girl was shot in the head while playing outside with friends.

The shootings come about a year after an incident a short distance away on Jan. 24, 2009, in which a gunman armed with an AK-47 assault rifle shot into a crowd killing two and wounding seven others.

``It's a process. It's a cycle -- a vicious cycle,'' said neighborhood activist Renita Holmes. ``There's no respect for life.''

Neighbors, who spoke on condition on anonymity for fear of their lives, said the shooting was gang-related. A police spokesperson said that it was too early to tell whether that was the case.

Det. Rebeca Perez urged anyone with information to call Miami-Dade Crime Stoppers at 305-471-8477.

Speaking of the teenage victim, Perez lamented, ``What could she have possibly done to deserve this?''

Continue reading "Miami - 15 Year Old Girl Shot and Killed in Apartment Complex Parking Lot" »

Miami Negligent or inadequate security may have been to blame for the fatal shooting of a Miami woman today in the parking lot of Peoples Storage. An unidentified woman was shot to death earlier today during an apparent robbery attempt in Miami according to police.

The shooting occurred in the parking lot of the People's Storage located at 200 NW 79th St. at about 11:30 a.m. when two men approached her.

Kenia Reyes, a Miami police spokeswoman said ``It appears it was an intent to rob her and she was shot.'' The woman died outside the Peoples Storage facility .

One witness present at the business, Lazaro Garcia, who owns a car dealership, said the woman had gone out to her car because she was short of money to pay for the storage of her furniture.

While this robbery gone bad is still under investigation, it is likely that the victim would still be alive today had the business or people who control the parking lot implemented adequate security measures. Reasonable security measures often deter crime since robbery, and many other violent crimes are crimes of opportunity. Violent crimes are usually committed in places where the criminals believe they can avoid being seen or caught.

Business and land owners in Florida have a legal duty to use reasonable means to protect their customers and guests from foreseeable violent crime. When they fail to do that, they may be liable to pay the crime victims compensation.

Continue reading "Miami - Woman Fatally Shot In Peoples Storage Parking Lot" »

Pompano Beach, Florida - One man is dead and was injured in a shooting outside of a Pompano Beach apartment complex.

The fatal shooting occurred Saturday evening when two men who were outside an apartment complex on Avondale Drive were approached by one or more persons. Shots were fired and the victims were transported to North Broward Medical Center in Deerfield Beach where injuries to one of them proved to be fatal.

The shooting is being investigated by BSO homicide detectives. They asked anyone with information to call BSO Homicide Det. Frank Ilarraza at 954-321-4210 or Broward Crime Stoppers at 954-493-8477, or online to www.browardcrimestoppers.org.

Many violent crimes are "crimes of opportunity", meaning they are committed in the place which affords the perpetrator the best opportunity to avoid being seen or caught. Very often that place turns out to be a commercial property like an apartment complex, night club, bank or automated teller machine (ATM) where safety and security have been neglected.

Continue reading "Pompano Beach Shooting Leaves One Dead, One Injured" »

Omaha, Nebraska - A outbreak of gun violence has focused attention on ATM security concerns. In a five day period, there were five shooting deaths.

It began with a robbery attempt at an ATM on a recent Wednesday night. Crime victim, Charles Denton, 21, of Omaha was shot after using an ATM near 50th and Underwood.

ATM’s do have some safety features. Mirrors allow for customers to see behind them, and many have cameras recording the activity at the machine.

Denton’s Mother says the location of the ATM is a problem and thinks it should be removed.

Other who have used that ATM are also uncomfortable because you have to leave your car to get your cash.

Dena Dubas of Omaha said “I kind of look around before I get out and come to it. I prefer drive-up ones so you don’t have to get out of it. I wouldn’t use it at night, though.”

James Walter feels the same way and said, “I have felt uncomfortable the times I have used it, particularly at night.”

Denton is recovering from his wounds. His mom says he should be ok.

A few minutes after Denton called police, another shooting occurred in the area - this one was fatal. Just a few blocks away, 27-year old Tari Glinsmann was shot and killed in the parking lot of the convenience store on 52nd and Leavenworth where she was an employee.

Omaha Police advise everyone to be aware of their surroundings when moving about the city.

Continue reading "Shooting Raises Concerns Over ATM's Location" »

The Florida Department of Law Enforcement (FDLE) recently announced that violent crime in Florida has decreased by 2.4 percent for the first half of 2008, down from the same time period in 2007. The FDLE report includes data obtained from over 400 law enforcement agencies regarding violent crimes reported between January and June of this year. The numbers for four categories of violent crime, murder, robbery, aggravated assault and forcible sex offenses, all decreased this year compared to the same period in 2007. The number of crimes reported overall in Florida however increased by 1.6% compared to the same time period last year.

“The first half of the year is typically a good indicator as to what is ahead in the remaining months,” said FDLE Commissioner Gerald Bailey. “Arrests are up and we applaud the hard work of Florida law enforcement in aggressively combating crime.”

The number of domestic violence offenses reported decreased by 3.0 percent from last year while the number of total arrests made increased by 3.9 percent. Juvenile arrests increased 0.9 percent, while adult arrests increased 4.3 percent. Car theft is down 10.1 percent over the same period last year.

The complete 2008 Semi-Annual Crime in Florida, Uniform Crime Report, including county-by-county breakdowns, can be found on FDLE’s Web site: www.fdle.state.fl.us/fsac/ucr.

Continue reading "Florida Crime Report - 2008" »

Tampa, Florida - Deputies from the Hillsborough County's Sheriff's office arrested a 23 year old man who admitted shaking a 2-month-old baby.

Javaurian Vonshae Saffold was arrested on Monday and charged with aggravated child abuse. He is being detained at Orient Road Jail without bail.

The baby suffered a traumatic brain injury, fractured ribs and retinal bleeding.

Joseph's Hospital doctors were treating the baby for serious injuries.

Most people recognize that the facts surrounding this terrible incident will be the subject of a case in our criminal justice system. What many people do not realize is that crime victims, like this baby's family, have rights which can sometimes be enforced in the civil courts. In some cases, a victim of violent crime may be entitled to compensation.

One example of this is where a land or business owner's negligent security or inadequate security placed the victim at risk for a criminal attack. In cases where there is no Florida premises liability cause of action arising out of negligence, crime victims may still recover money through the Florida Crime Victims' Compensation Fund.

Continue reading "Tampa - Infant Brain Injury Results In Arrest " »

Miami, Florida -- Laurie Dishman, a 37-year-old food services manager from Sacramento, wants people to know that cruise ships are not always as safe as advertised. She knows firsthand how crime on board cruise ships can effect passengers. She recently took a therapeutic trip to the Port of Miami to face her fears.

It was the first time she had been around cruise ships since 2006, when she was raped on a cruise by one of the ship's janitors. When she reported the incident, she was appalled when the crew responded by telling her that she needed to control her drinking. So on her recent visit back to Miami's port, one of the busiest ports in the nation, she handed out hundreds of pamphlets to people as they began their vacations, warning them of the dangers on board cruise ships.

''There are no laws out there,'' Dishman said in an interview. ``All kinds of things can happen on this floating city in the middle of the ocean, and there's no security. There's no protection. You think you have American rights when you board a ship, but you don't.''

The industry says that American travelers are safer on cruise ships than they are on land and that no regulatory changes are needed.

Dishman disagrees and is hopeful that her message will lead to a new federal law to protect passengers. When Congress returns from its summer recess, she and other crime victims plan to lobby for regulations that would change the way the cruise industry does business.

CURRENT LAW

Because under current law, cruise ships aren't required to report even the most serious crimes that are committed in international waters, critics say that immediate changes are necessary to protect passengers .

Congress is considering legislation that would require cruise ships to keep logs of all deaths, missing individuals, allegations of criminal conduct and passenger complaints of theft, sexual harassment and assault. Those logs would be made available to law enforcement including the FBI and the Coast Guard.

''Twelve million Americans will board cruise ships this year, and they should know they are safe,'' said Senator John Kerry of Massachusetts. He is working with Representative Doris Matsui of Sacramento to support the proposed legislation.

Matsui said that she began investigating the issue after Dishman first contacted her, frustrated because Royal Caribbean would not help her identify her attacker or secure evidence after the rape.

According to Congresswoman Matsui, her investigation revealed that there have been no rape convictions on cruise lines in 40 years.

''What we have found is truly alarming,'' Matsui said. ``There is little to no regulation of the cruise industry, and far too many crimes go unprosecuted each year.''

Representatives of the Cruise Lines International Association pointed out that the industry creates thousands of jobs and claims to have improved its safety procedures over the past two years.

Senator Kerry got involved with cruise ship safety issues when Merrian Carver of Cambridge, Mass., disappeared on a cruise in 2004. Kerry said he was shocked to learn that cruise line employees didn't tell the FBI she was missing until weeks later, when her family started asking questions.

''Merrian's story is not an isolated case,'' Kerry said. ``Despite being owned by American citizens and headquartered in the United States, cruise ships operate under foreign flags, allowing them to avoid United States law when they are beyond U.S. territorial waters. With respect to jurisdiction over crimes, the law is murky at best.''

Continue reading "Miami - Crime On Board Cruise Ships Concerns Lawmakers" »

West Palm Beach, Florida - Carlos Franco, 41, of Texas was shot seven times in an attempted robbery which originated inside a local Palm Beach strip club called Sugar Daddy's. A stripper and her friend were behind the plot to rob the Texas man.

Victims of violent crime such as Franco are often entitled to compensation. In this case, a civil claim for his injuries based on negligent security could likely be brought against the strip club.

Twenty -Two year old Sheila Martins of Boynton Beach and her friend, 31 year old Louis Johnson of West Palm Beach are charged with attempted murder. According to Palm Beach County Sheriff's Office, Martins, a former employee of Sugar Daddy's, was reprimanded earlier that night for taking off her clothes at the bar, taking tips away from the working strippers. She left the club with Franco and walked with him to his car when Johnson and another man approached the couple in an attempt to Rob Franco.

The robbery was set up by Martins according to the arrest report which also indicates that she told another stripper that she was planning to rob Franco.

The two were charged Tuesday in the June 29 attempted robbery and shooting of the Sugar Daddy's customer who remains in critical condition with seven bullet wounds.

Police are searching for a third suspect.

Franco is an airplane mechanic with a wife and three children who was visiting the adult club in suburban West Palm Beach during a business trip.

Franco's brother-in-law who is in Palm Beach County with Franco's wife praying for him at the hospital said that Franco is "a little bit better" but has remained unconscious most of the time.

Continue reading "West Palm Beach Stripper Charged In Shooting Outside Strip Club" »

Orlando, Florida. -- Orange County deputies are investigating a shooting that took place at an apartment complex in Pine Hills that left two crime victims dead and 2 others seriously injured.

Most people think incidents like this are dealt with in the criminal courts alone. However, many victims of violent crime have rights and may be entitled to receive compensation as well. While compensation is sometimes available through the Florida Crime Victims Compensation Fund, often crime victim's compensation is obtained directly from the land or business owner where the criminal attack occurred. In the case of this apartment complex shooting, the owners of the apartment complex could be held liable in a civil case for negligent or inadequate security, assuming certain factors were present.

According to investigators, two of the crime victims, Sean Turner, 23, and Antwan Morris, 27, were killed in the violent attack at the Clarcona Groves Apartments.

Two other crime victims were rushed to Orlando Regional Medical Center's emergency room for treatment. One of the victims was in critical condition.

Police said two of the crime victims resided at the complex and that the shootings occurred at night.

Police detectives met with the victims at Orlando Regional to get more more information that could help lead them to the attackers.

Investigators do not yet know the motive for this violent crime.

Continue reading "Orlando, Florida - Crime Victims Shot At Pine Hills Apartment Complex" »

Crime Victims Rights

Miami, Florida - Victims of violent crime have the right to receive compensation in certain cases. In Florida, Personal Injury Lawyers can file a civil lawsuit for negligent security or inadequate security in order to secure compensation for the victim and his or her family. These negligent security or inadequate security cases arise when land or business owners fail to take reasonable steps to protect their guests and patrons from foreseeable violent crime on their premises.

When these attacks occur on the premises of a business, the business operator and the land owners may be liable for the harm caused by third parties.

Unfortunately, most victims of violent crime have no idea that they may be entitled to compensation. Florida law imposes a legal duty on land and business owners, to provide a safe premises for their patrons.

Yesterday, a man who allegedly stabbed a twenty-four year old woman to death in a Manhattan grocery store was arrested in Miami, Florida.

The operators of a grocery store and the owners of the property or shopping center where it is located, are in the best position to know about the criminal activity in the area of their premises. For that reason, they have a duty to take reasonable precautions to protect their invited guests and the general public from foreseeable criminal attacks. That duty could include a duty to implement reasonable security measures to protect their guests.

Negligent or inadequate security cases usually arise out of violent criminal attacks including:

1). Rape
2). Murder
3). Robbery
4). Assault and Battery, and more recently,
5). Acts of Terrorism

Continue reading "Miami, Florida - Crime Victims Compensation Available In Some Cases" »