There were no eyewitnesses to the shooting. Neighbors said they heard shots and saw a group of people congregating around a vehicle which had recently arrived in the parking lot. “The person or persons that did this to him is still walking and we don’t know anything. It’s disappointing. There’s just no closure. We don’t know why that person did it. It’s unfair,” the deceased man’s sister remarked.

Investigators believe that the suspect vehicle is a BMW, but they have no other leads.

Establishing Liability

Shootings, assaults, and other such violent crimes are premises liability matters. Landowners are usually responsible for these injuries, if they had a legal duty to provide security and they knew, or should have known, about the security breach which substantially caused the injury.

The relationship between the property owner and injury victim usually determines the legal duty in Florida.

• Invitee: These individuals have permission to be on the land and their presence benefits the owner. Apartment tenants who sign leases and pay rent clearly fit both requirements. Since the relationship is so close, the duty of care is very high. Owners usually have a legal responsibility to keep invitees reasonably safe, no matter what the lease says about security.
• Licensee: Usually, a guest of an apartment tenant is a licensee. These individuals have permission to be at the complex, but their presence doesn’t benefit the owner. Since the relationship is not as close, the legal duty is not as high. Usually, owners must only warn licensees about latent (hidden) defects.
• Trespasser: This narrow category applies to people who have no permission and deliver no benefit. The shooters in the above story might have been trespassers, since they were at the complex for an illegal reason. Usually, owners owe nothing to trespassers in terms of safety responsibility.

As for knowledge of the hazard, this evidence could be direct or circumstantial. Either way, the burden of proof is a preponderance of the evidence (more likely than not).

Common apartment complex security hazards include burned out security lights, broken or missing security gates, broken or missing security cameras, and inadequate live security (e.g. using a “courtesy patrol” when live, armed security is arguably necessary).

If negligent security caused injury, a Tampa personal injury lawyer can obtain compensation for economic losses, such as medical bills, as well as noneconomic losses, such as pain and suffering.

Proving Foreseeability

The level of security required usually depends on the property location and some other circumstances. Apartments in the “bad” part of town usually require more stringent security than apartments on the “good” side of town. Then again, sometimes the opposite is true. Evildoers are more likely to rob people in the “good” part of town than they are in the “bad” part of town. Frequently, these attacks end very badly for the victims and their families.

Previous violent incidents at that location are relevant as well. So are previous violent incidents at nearby apartment complexes.

This analysis is also relevant to the foreseeability issue. Back in the day, third-party criminal activity broke the chain of foreseeability, or likelihood, of injury. Now, however, owners are liable for such injuries if they are foreseeable. This liability is important. Criminal courts punish defendants. Civil courts help victims obtain the compensation they need to carry on with their lives.

Reach Out to a Diligent Hillsborough County Lawyer

Injury victims are usually entitled to significant compensation. For a free consultation with an experienced Tampa premises liability attorney, contact Mark H. Wright, PLLC. You have a limited amount of time to act.

Resource:

bcactionnews.com/news/region-hillsborough/tampa-family-wait-for-answers-after-loved-one-was-shot-and-killed-days-after-his-birthday

When Employers Behave Egregiously

In cases where workers simply contracted COVID-19 at work, state compensation laws may cover compensation related to the illness. However, there will also be instances which arguably involve egregious conduct by an employer, and which may warrant workers going beyond workers’ comp and suing employers directly. For example, hospitals that failed to provide doctors and nurses with facemasks, factories that forced workers to work in close proximity to each other in spite of reports that workers were sick, etc. all arguably fall within the parameters of failing to take basic precautions and behaving egregiously. The Occupational Safety and Health Administration (OSHA) regularly released guidance on preparing workplaces for COVID-19; as did the Centers for Disease Control. While not mandatory, if employers completely ignored basic suggestions provided by state and/or federal agencies regarding keeping workplaces safe, their conduct could be found to be egregious, intentional, or willful by a court.

Customers & Businesses

When it comes to customers visiting businesses who claim to have contracted the virus while on the business’ property, in addition to premises liability and negligence, customers could also bring claims related to false advertising and misrepresentation (if the business made any claims related or similar to guaranteeing safety), negligent hiring, infliction of emotional distress, and related claims, depending upon the circumstances.

Challenges

The challenging aspect in all of these cases will be plaintiffs proving causation (because the virus is everywhere) and determining timelines in terms of when exactly exposure occurred, given the scarcity of testing available since the outbreak began. Regardless, businesses will need to prove that they took those precautions necessary to keep people safe, in accordance with recommendations from both state and federal agencies. They also need to train and monitor employees on following safety protocols and be careful about making any claims to the public concerning safety guaranteed to customers.

If You Have Been Hurt, Contact A Dedicated Florida Premises Liability Lawyer

If you or a loved one has concerns about injuries or wrongful death due to negligence exhibited by a Florida property owner, Tampa premises liability attorney Mark H. Wright can help. Our office has spent more than three decades helping victims obtain the compensation they need. Contact us today for a free, safe consultation—we are working through this time to ensure that our clients are provided with the legal services that they need.

Resources:

osha.gov/Publications/OSHA3990.pdf

cnn.com/2020/05/18/us/florida-reopen-roundup/index.html

prnewswire.com/news-releases/federal-wrongful-death-lawsuit-filed-against-tyson-foods-after-employee-covid-19-death-301062019.html