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A Cautionary Tale: Tourism and Negligent Security in Miami

September 28, 2021
Legal News

After a year of sluggish tourism business due to COVID-19 restrictions, American and international tourists are flocking back to Miami.  The good times are back, but so are the bad and ugly incidents.

The city’s Ocean Drive was witness to a horrific incident on August 24th.  A father was killed trying to shield his one-year-old son from a gunman at an outdoor cafe.

Dustin Wakefield, 21, and his wife Karina Olguin were visiting from Colorado and dining with family at a Miami Beach outdoor cafe when a gunman, identified as Tamarius Davis, 22, allegedly approached the couple’s infant child.  Karin told reporters that Dustin was begging for his life saying, “I have a son, please, he is only 1-year old”.   Witnesses also recalled Wakefield’s final moments as he pleaded with the assailant before he was shot dead.

Davis was apprehended by the police and has admitted the crime.  Davis told Police he was high on mushrooms.  It is alleged that Davis danced over the body of the victim after the shooting.

The area surrounding the cafe has a history of criminal acts, assaults, and muggings.  In such places, it is necessary to have extra security.

Florida security laws require property owners to make sure that their properties are safe for patrons.  If a property owner disregarded measures that could have been instrumental in the prevention of a crime that resulted in injuries to a victim, such a victim may be eligible to seek compensation.

If you or a loved one has been a victim of a crime because of negligent security, consult a knowledgeable and experienced Miami negligent security attorney to know about your legal rights and whether you are entitled to hold accountable the owner of the property where the attack or assault occurred.

What are Some Common Causes of Negligent Security?

Some common causes of negligent security include:

  • Lack of security services.
  • Untrained or understaffed security personnel.
  • Lack of surveillance cameras and alarms.
  • Poor lighting.
  • Broken locks, doors, gates, and windows.
  • Failure to screen visitors and search bags, backpacks, purses, briefcases etc. Metal-detecting wands are easy to use, and their use does not subject patrons or visitors to any sort of unreasonable inconvenience.
  • Insufficient number of fire escapes and emergency exits.

What Places Do Incidents of Negligent Security Often Occur?

Common sites in negligent security claims in Miami include:

  • Apartment complexes.
  • College campuses.
  • Shopping malls and shopping centers.
  • Gas stations.
  • Nightclubs and bars.
  • Parking lots and parking garages.
  • Community swimming pools.
  • Music concerts and sporting events.
  • Hotels and motels.

What are Common Criminal Activities Reported in Negligent Security Claims?

Criminal activity common in negligent security claims include:

  • Armed robbery.
  • Theft.
  • Burglary.
  • Assault.
  • Mugging.
  • Battery.
  • Rape.
  • Murder.

The crimes committed in negligent security claims are often serious.  If property owners failed to maintain adequate security measures on their properties, then they may be held liable for injuries sustained and costs accruing from such injuries.

What are the Requirements of a Negligent Security Lawsuit?

To succeed in a negligent security lawsuit, a victim will need to prove the following:

  • The victim was on the property lawfully.
  • The victim was injured by a third party.
  • The property owner knew or should have known of the potential safety risks to visitors
  • The property owner failed to provide and ensure for visitors’ security.
  • The victim’s injuries would not have occurred if the property owner had provided adequate security.

What is the Statute of Limitations for Filing a Negligent Security Lawsuit in Florida?

When negligent security on a commercial property contributed to or caused injuries, a victim may also have an option to claim compensation in civil lawsuit.

Florida’s Statute of Limitations for filing a negligent security lawsuit is four years from the time of the injury.

What Sort of Compensation is Awarded for Victims of Negligent Security in Miami?

Compensation awarded in a negligent security claim can help cover medical expenses, long term medical care, and other damages for injury or death.

Our Miami negligent security lawyers help victims recover:

  • Damages suffered due to physical injury, and pain and suffering.
  • Damages suffered due to emotional distress.
  • Medical expenses.
  • Rehabilitation costs.
  • Lost wages.
  • Damages suffered due to loss of companionship.
  • Counselling costs for victims who struggle with post-traumatic stress disorder (PTSD), anxiety, or depression.

Mase Mebane Seitz: Much More than Legal Representation

Victims of negligent security in Miami have a right to file a claim under Florida law, even if they do not reside in Florida or the United States.  The knowledgeable and experienced lawyers at Mase Mebane Seitz have a great understanding of personal injury laws that are applicable in negligent security claims.

Our team of empathetic and compassionate lawyers understand the dynamics of attacks and assaults.  We provide emotional support, assure confidentiality, and help victims navigate the complex legal system.

Our team of negligent security lawyers in Miami are experienced at:

  • Collecting and protecting evidence. They know how to obtain and review medical records.
  • Studying footage from security cameras and closed-circuit video.
  • Proving that the business owner should have been able to anticipate the criminal activity that caused the victim’s injury.
  • Identifying the inadequate security measures that the property owner had in place at the time of the attack.
  • Determining the minimum level of security that would have been necessary to keep the injured victim safe.
  • Searching past criminal records or incident reports.
  • Determining liable parties and the value of a victim’s claim.
  • Ensuring victims of assault are treated with respect by law enforcement agencies and representatives of insurance companies and defendants.

Contact a Miami Negligent Security Lawyer TODAY

If you or your loved has been attacked, sexually assaulted, or robbed while in an apartment complex, a parking lot, a concert, or restaurant, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced negligent security attorney at our firm for a free case evaluation right away.

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Mase Seitz Briggs
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Miami, FL 33133

Phone: 305-487-8863
Toll Free: 1-844-904-1749
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Boca Raton, FL 33432

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