Florida Injury Lawyer Blog

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" »

The Miami based law firm of Hannon & Boyers has been retained by two Danish businessmen who were guests at the Epic Hotel, located at 270 Biscayne Boulevard Way, Miami, Florida 33131. Shortly after staying at the Epic Hotel they began to exhibit signs and symptoms consistent with Legionnaires' Disease. Our clients are currently undergoing medical treatment and evaluation to obtain a definitive diagnosis.

The Miami-Dade County Health Department has reported at least three other cases involving guests at the Epic Hotel who developed Legionnaire’s Disease including. One involved a fatality. According to published reports, it appears that the Epic Hotel installed a water filtration system that allowed waterborne bacteria, including the legionella bacteria to grow. Legionnaires' Disease is usually contracted through exposure to contaminated water vapor from hot showers, Jacuzzis and hot tubs.

It appears that the CDC and other governmental entities have not confirmed the source of the Legionnaire’s Disease, which resulted in at least one death. However, they have reported that this fatal strain of the disease may be linked to a source other than the Epic Hotel.

One family tragically lost a loved one, Tore Myhra, who not only stayed at the Epic Hotel but had also been on board a Royal Caribbean cruise ship during the relevant period. It is believed that more than one person on that cruise ship contracted Legionnaires' Disease. Accordingly, any investigation regarding the source of illness during the pertinent period of time must explore both the culpability of the Epic Hotel and Royal Caribbean Cruise Lines.

Continue reading "Legionnaires' Disease Linked to Epic Hotel and Royal Caribbean Cruise Line Vessel " »

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" »

Broward County, Florida - One woman was injured in a South Florida apartment building fire Monday morning. The fire killed several of her kittens and caused serious damage to seven units in a Hallandale Beach apartment building Monday morning.

Hallandale Beach Fire Rescue Fire Rescue transported the female resident of the apartment building to Memorial Regional Hospital for emergency medical treatment.

The fire began around 10:30am inside apartment #4. Thirteen residents were displaced and it took at least six fire trucks to put out the inferno, which was extinguished after about an hour.

According to neighbors, the injured woman is a 54 year old waitress at Oceans 11. Her neighbor, Emilio Gomez, was the one who pulled her out of her apartment.

Fire Department officials are investigating the cause of the fire.

Continue reading "Woman Injured In Hallandale Beach Apartment Fire" »

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 - Two workers were seriously injured in a construction site accident Tuesday afternoon when they fell down an elevator shaft in Miami-Dade County.

According to Fire Rescue officials, the accident happened in a building under construction at Southwest 84th Avenue and Eighth Street.

The victims were working on a suspended cart inside the elevator shaft when the cables broke. Officials said the men fell four stories.

The men were transported to Ryder Trauma Center for emergency medical treatment.

The cause of the accident is still under investigation at this time although, the accident could have been the result of negligent maintenance of the cart and cables, or it could have been the result of a defective product.

Contractors have a duty to maintain their equipment in a reasonably safe condition and can, in some instances, be held liable when they fail to do so.

Additionally, product manufacturers have a duty to make sure that when their product is sold to the public it is safe and suitable for its intended use. When a manufacturer fails to design or manufacture its products safely and in conformity with applicable standards or fails to adequately warn of foreseeable harm, they can be held liable under product liability laws.

Continue reading "Miami, Florida - Construction Workers Injured After Fall down Elevator Shaft " »

Florida -- Accidental drownings pose the single biggest threat to young children in Florida. Parents are urged to keep their children in sight at all times around water this summer. Authorities say that losing sight of your children for even a moment around water could result in disaster.

These warnings come in the wake of two drownings in residential pools in Manatee County.
In one case, a mother found her 3-year-old boy at the bottom of their backyard pool. Another discovered her 11-month-old girl floating in a pool.

According to Florida's Department of Health, drowning is the second leading cause of accidental death in children ages 1 to 14 in the state and the leading cause of death in children ages 1 - 4.

While Florida leads the nation in child drowning deaths, in 2006, thirty-eight drowning deaths were reported in Miami-Dade County alone. Those statistics only reflect drowning deaths. Many more people, usually children, suffer catastrophic injuries such as cerebral anoxia or hypoxia (brain damage) each year as a result of near drowning incidents.

Many people have also suffered crippling spinal cord injuries from diving into pools, lakes or canals with inadequate warnings or which were not adequately maintained.

Accidental drownings may occur in lakes, canals, oceans, swimming pools, hot tubs / spas and even in bath tubs. Many drownings occur because of defective pool pumps or drains which can result in suction entrapment or because of poorly maintained fences or gates.

The phrase "suction entrapment" refers to the situation where a bather, usually a child, becomes stuck to a pool drain and held under water by the increased suction that is created when a drain is blocked by the bather’s body, hair or clothing. The force of that suction is often strong enough to hold an adult under water; however, it is usually children who fall victim to suction entrapment. Spa and hot tub drains pose the same risk. Suction entrapment incidents are generally caused by defective pool pumps, aging, broken, loose or missing drain covers and poorly designed pools.

There are several safety tips that, if followed can help prevent accidental drownings. They include:

1). Pool fences - Four-sided isolation fencing, at least five feet high with self-closing and self-latching gates, should be installed around home pools and spas. Fencing should completely surround swimming pools or spas and prevent direct access from a house or yard.

2). Never leave a child unsupervised in or around any body of water, even for a moment.

3). Enroll children in swimming lessons taught by a certified instructor, but don’t assume swimming lessons make your child “drown proof.”

4). Never dive into water less than nine feet deep.

5). Always wear a U.S. Coast Guard-approved personal floatation device ("PFD") or life jacket when boating, near open bodies of water or when participating in any water sports. Air-filled swimming aids, such as “water wings,” are not considered safety devices and are not substitutes for PFDs.

6). Make use of pool alarms which sound an alert when someone enters the water.

Continue reading "Florida - Drownings / Near drownings Pose Huge Risk Of Death And Serious Injury To Children " »

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" »

Miami, Florida - The number of child drownings and near drownings in South Florida increases dramatically each year during the Summer. Now that school is almost out, more kids will spend a greater amount of time in and around swimming pools. That makes summer vacation one of the most dangerous times for children.

South Florida has always had one of the highest child drownings rates in the country. ''It's the No. 1 killer of young kids in South Florida,'' said Miami-Dade Fire Rescue Lt. Eddy Ballester, speaking about accidental drownings. ``We have that dubious distinction of suffering more tragedies than anywhere else in the country.''

Child drownings, however, can be prevented. Most child drownings occur in backyard swimming pools. And most of those accidents can be avoided by following a few important safety tips including:

• Teach kids how to swim or at least survive in the water.

• Use pool fences, pool alarms, self-closing and self-latching gates and alarms on doors to make sure toddlers don't get into the pool when you aren't watching.

• Don't let children play near a pool without adult supervision.

• Parents should tell their kids to take breaks every so often and when they get swimming lessons, they need to practice.

''Just like a designated driver, you need to have a designated pool watcher,'' Ballester said.

Continue reading "Accidental Drownings - #1 Killer Of South Florida Kids In Summer" »

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" »

Central Florida - Florida personal injury lawyers filed a lawsuit on behalf of John Graziano, who suffered a severe traumatic brain injury in an automobile accident last August.

The defendants - wrestling superstar, Hulk Hogan and his family. Graziano's parents are suing Hogan under Florida's "Dangerous Instrumentality Doctrine" which holds the owner of an automobile vicariously responsible for the negligent operation of that vehicle.

Experienced Florida personal injury lawyers know how to use Florida's laws to achieve substantial compensation for their seriously injured clients.

Hogan's son, Nick Bollea, was driving a car registered in his father's name at the time of the crash.

The August 2007 auto accident (see my post on March 13th about this crash) left Bollea's friend, Graziano with permanent brain damage and other serious injuries that will require daily nursing care for the rest of his life.

Bollea faces charges of reckless driving involving serious bodily injury. He will be tried on these charges next month.

The Graziano family filed a lawsuit against Hulk Hogan (Terry Bollea), his wife Linda and son Nick, charging them with negligence.

Continue reading "Florida - Personal Injury Lawyer Sues Hulk Hogan For Brain Damage And Other Injuries Suffered in Son's Car Accident" »

Hialeah, Florida - The body of 28 year old, Odin Torres, a Miami woman was recovered from the debris caused by the collapse of a huge construction crane in New York Saturday. The crane accident destroyed a four-story building in Manhattan when it toppled.

Six others were also killed in the accident. They were all construction workers.

The crane collapsed when a steel collar used to secure it to the building under construction fell while it was being installed. It caused damage to another steel collar below it that also supported the crane. Once the crane's support system had been compromised, the counterweights at the top of the crane caused it to fall, according to the New York City Department of Buildings.

It was reported that Odin Torres was visiting New York for the St. Patrick's Day holliday.

When contractors and construction workers are careless, innocent people often pay the ultimate price. The Florida personal injury attorneys at our firm have handled numerous construction site accidents where people were seriously injured or killed as a result of the negligence of contractors or defective construction equipment. We handle cases where Florida residents are injured in other states and sometimes associate with a local lawfirm, though that is not necessary in all cases. From what I have learned so far about this New York crane disaster, it sounds like the crane and its support system were negligently designed. It is also clear that the construction crew was negligent in installing the crane. Once the support collar fell and impacted another one, a thorough inspection should have been conducted of all of the support collars to insure that their integrity had not been compromised.

Unfortunately for Odin Torres and her family, that obviously did not occur.

.

Palm Beach County, Florida - Several violent crimes, including a double murder and an armed robbery at an ATM have occurred at the Town Center Mall in Boca Raton, Florida since March of last year. Similarities in the way the crime victims were restrained in each incident has police looking into the possibility that the attacks are related.

The Florida personal injury lawyers at our firm have represented many crime victims in negligent security or inadequate security cases throughout the state of Florida. We have seen patterns like this too often. Security experts and law enforcement officials will tell you that crimes like robbery and rape (and the murders that often accompany them) are usually crimes of opportunity. Simply put; criminals commit this type of crime at places where security is minimal or all-together absent. That gives them the best chance to avoid apprehension.

The facts surrounding these incidents suggest that the mall needs to increase its security.

On August 7, 2007, a woman who had been shopping at the Town Center Mall in Boca Raton, Florida was abducted and forced to drive to a nearby ATM and withdraw $600 while her 2 year old son was held at gunpoint.

About 4 months later on December 12, 2007, the bodies of 47 year old Nancy Bochicchio, and 7 year old Joey Bochicchio-Hauser were found lying in a blood soaked car idling in the parking lot of Town Center mall. The mother and daughter had been shopping in the mall just hours earlier. Both had been shot in the head.

Boca Raton Police and The Palm Beach County Sheriff's Office formed a joint task force and are investigating the crimes which they believe may be connected due to similarities including the way the victims were restrained and the use of blacked-out swimming goggles to blindfold the victims.

Continue reading "Boca Raton, Florida - Negligent Security Maybe to Blame For Double Murder and Abduction at Town Center Mall" »