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Category: Crime Victim Attorney

Safety Questions To Ask Your Landlord

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How Safe Is the Apartment You Want to Rent? Key Questions to Ask a Landlord Before Signing a Lease

A sense of security and safety for you and your family is key to making a house feel like a home.

Unfortunately, many landlords don’t provide, and in some cases aren’t legally required to share, crime and safety information to a potential tenant.

“Along with costs and amenities, tenants should be prepared to ask a variety of questions about safety measures before signing a lease and moving into a new apartment or home” says Michael Haggard. Haggard is the Managing Partner of The Haggard Law Firm (www.haggardlawfirm.com) which has made a mark successfully representing tenants who are injured or killed by someone committing a crime that could have been prevented if the landlord of the property where the crime occurs had taken proper security measures.

Continue reading “Safety Questions To Ask Your Landlord”

PRESS CONFERENCE: Teenage Victims of Sex Assault By Teacher Suing School Board

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Mothers of Victims to Discuss New Lawsuits Against Miami -Dade County School Board On Behalf of Teenagers Sexually Assaulted By Middle School Teacher

This is the first time these mothers have spoken out.

Miami, FL – A lawsuit was recently filed against the School Board of Miami-Dade County on behalf of a teenage female victim (Jane Doe) who was sexually assaulted by former Brownsville Middle School physical education teacher Wendell Nibbs.

Beginning in her 6th grade school year and continuing through the end of her 8th grade school year at Brownsville Middle (2013 through 2016), Nibbs sexually harassed, sexually assaulted and raped Jane Doe. The assaults and rape occurred on school premises. Nibbs also sent Jane Doe sexually explicit photographs of himself.

The mother of Jane Doe will be joined by the mother of Jan Doe at a press conference to be held Monday January 7, 2019 outside of the Miami-Dade County School Building in downtown Miami.

In 2016, while in 8th grade, Jan Doe was sexually harassed, assaulted and discriminated against (on the basis of her sexual orientation) by Nibbs on school property. Jan Doe’s lawsuit will be filed later this month.

Pedro Echarte of The Haggard Law Firm and Aaron A. Karger of the Law Offices of Aaron A. Karger represent the victims and say they will also file a third case against the School Board on behalf of another victim.  The attorneys say the school and School Board were well aware of Nibbs’ inappropriate and illegal behavior, as well as the risk he posed to young female students, and did nothing about it. The attorneys believe there may be other victims, suffering in shame and silence.

Between 2004 and 2016, Nibbs had been accused by at least six different female middle school students of making inappropriate sexual comments, engaging in inappropriate physical contact of a sexual nature, and sending or showing them sexually explicit photographs. Despite these separate accusations Nibbs was permitted to remain at Brownsville Middle as a teacher.

PRESS CONFERENCE DETAILS

*The mothers of both victims are requesting that their faces and distinguishing marks do not appear on camera.

Date: Monday, January 7, 2019

Press Conference start: Noon

Location: Outside the Miami-Dade County School Board Building- Downtown, 1450 NE 2nd Ave, Miami, FL 33132

Press Conference Speakers:

  • Mother of Jane Doe
  • Mother of Jan Doe
  • Pedro Echarte, The Haggard Law Firm
  • Aaron A. Karger, Law Offices of Aaron A. Karger

 CONTACT: J.P. HERVIS, 305.321.4293, JP@BrandstoryCommunications.com

Haggard Law Names New Partners

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The Haggard Law Firm is proud to announce that trial lawyers Jason Brenner and Pedro Echarte have been named partners.

Continue reading “Haggard Law Names New Partners”

Press Conference: Mother of 12-Year-Old Who Was Kidnapped & Murdered Files Neglient Security Lawsuit

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Press Conference Scheduled 12/18/18

Mother of a 12 Year Old Murdered By a Convicted Sex Offender Says Owners/Managers of an Apartment Complex Could Have Prevented the Tragedy

Pensacola, FL – Shantara Hurry, the mother of 12-year-old Naomi Jones, who police say was murdered by convicted sex offender Robert Howard in 2017, is filing a negligent security lawsuit against those responsible for the apartment complex where her daughter was kidnapped.

Jones went missing from her apartment located at 1460 E. Johnson Avenue in Pensacola, Florida on May 31, 2017. The disappearance captivated and mobilized the community to find Naomi. Her remains were eventually found in an Escambia County creek on June 5. Two days later, Howard was arrested and charged with the kidnapping and murder. The 39-year-old convicted sex offender lived in the same complex as the 12-year-old girl and her family.

The lawsuit against the owners of that apartment complex, Aspen Village Acquisition, and the management company, Progressive Management of America, highlights that the two companies should have known or knew that they were allowing a convicted sex offender, Howard, to live in the complex.  The lawsuit  adds that apartment ownership and management “breached its duty of reasonable care by permitting an unregistered sex offender to reside upon the Premises, thus allowing the offender continual, unfettered access to young children and others upon whom persons with his predilections are known to prey.”

The Haggard Law Firm is representing Jones’ mother in the case. Trial lawyer Christopher Marlowe (email CLM@HaggardLawFirm.com) says for the family the press conference and lawsuit is about holding everyone accountable for this tragic loss and preventing it from happening again.

“Ms. Hurry wants to bring attention to this civil action (lawsuit) in hopes that it will motivate all apartment complex owners and managers to exercise actionable, logical and moral care by never allowing offenders to live in their property, giving them access to children,” says Marlowe.

 

Press/Media Conference Details

  • 11 AM on Tuesday, December 18th, 2018
  •  820 North 12th Avenue Pensacola FL 32501 (Law Office of Samuel Bearman)
  • Speaking:  Shantara Hurry, Naomi Jones’ mother,  Christopher Marlowe, The Haggard Law Firm, Trial Lawyer
  • News Media contact: J.P. Hervis, Brandstory Communications, JP@BrandstoryCommunications.com

REPORT: Code Red Confusion By School Employees on Day of Mass Shooting

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According to a report by the South Florida Sun-Sentinel, employees at Marjory Stoneman Douglas High School were “tragically unprepared” to best protect students on the day of the mass shooting that killed 17 people and injured 17 others. The newspapers reports that the lack of preparation was due to “inadequate training and unclear procedures in the school district.”

The lack of a coherent, uniform policy is one of the major failures identified by a state commission investigating the Feb. 14 massacre.

The paper learned that district officials were unsure as to whether a “Code Red” meant an “active killer”. It does not.

Continue reading “REPORT: Code Red Confusion By School Employees on Day of Mass Shooting”

Press Conference Discussing Legal Action Against Florida City in Police Shooting Death

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On May 30, 2018, 23 year old Juvon Simon was shot twice through the closed door of a neighbor’s apartment by Florida City Police Officer Frantz Hardy. Simon died as a result of his injuries. The Haggard Law Firm has joined with the Law Firm of Asnis, Srebnick & Kaufman to represent the Simon family. We have jointly filed, on behalf of Simon’s mother, a lawsuit against the Miami-Dade County State Attorney’s office and The City of Florida City.

The intention of the legal filing (a pure bill of discovery) is to make sure the family has access to all evidence that materializes as part of the criminal investigation into the shooting. The family also wants to ensure that the investigation is conducted in a timely manner.

On Wednesday October 31, 2018 at 11 AM, the Simon family will hold a press conference outside of Florida City Hall to discuss the legal filing.

During the press conference family members will be joined by The Haggard Law Firm’s Christopher Marlowe and Dan Kaufman of Asnis, Srebnick & Kaufman to discuss a variety of topics including:

  • Contrary to published reports, their son DID NOT have a weapon on his person when he was killed
  • Multiple witnesses report seeing officer Hardy enter the active crime scene with a duffel bag.
  • Officer Hardy shot Simon through a door.
  • Florida City Police refuse to share with the family the officer’s file or details of any internal affairs investigation.

If you are a member of the media interested in attending or learning more, please contact J.P. HERVIS, Senior Publicist, Brandstory Communications 561.995.6560, JP@BrandstoryCommunications.com

 

FL Supreme Court: Release School Shooting Surveillance Video

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According to various news reports,  the Florida Supreme Court ordered the release of exterior surveillance video showing law enforcement’s response to the mass school shooting at Marjory Stoneman Douglas High School in Parkland.  The Associated Press reports that the Broward County school board aimed to “block disclosure of the video as sought by media organizations…the school board contended releasing the video might reveal security blind spots at the school.” State Prosecutors were also against the video’s release because it could be evidence in the case against the accused shooter.

On February 14th, 2018, police say 19-year-old Nicholas Cruz entered the high school and began his armed rampage that would steal the lives of 17 people and injure nearly 20 more.

“We applaud the Court’s decision to release the unseen video to the public,” says trial lawyer Todd Michaels of The Haggard Law Firm.  Haggard Law represents the family of 17-year-old Joaquin Oliver and the family of coach and teacher Scott Beigel who were both were killed during the shooting, as well as teacher Stacey Lippel, who was injured. Michaels says the focus of these families is to help make a change to prevent a tragedy like this and the school shootings of the past to happen again.

Michaels adds, “The release of this video and all other information about the mass shooting at Marjorie Stoneman Douglas High School on February 14th can only help in figuring out different ways to prevent this scale of tragedy from happening again. For security experts, every detail is crucial in developing plans of action and new operational procedures. The detail can even help in the selection of the best modern security equipment.”

It is unclear when the video will be released.

 

Pictured: (Left to Right)
Haggard Law Trial Lawyers Todd Michael and Michael Haggard and the parents of 17 year old Parkland shooting victim Joaquin Oliver, his father Manuel and mother Patricia Oliver.

Michaels Joins Exclusive Group of Florida Trial Lawyers

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Congratulations to Haggard Law Firm trial lawyer Todd Michaels for being named a Fellow of the Academy of Florida Trial Lawyers. The Florida Justice Association’s Fellows program recognizes individual accomplishments as a trial lawyer and contributions to the mission of the FJA. Michaels was voted into the exclusive and distinguished program by his peers.

To qualify, members of the Fellows program must be past presidents of the Florida Justice Association, a current voting member,a board member for at least 5 years, a recipient of the Crystal EAGLE Award, and an Eagle Patron.

 

About Florida Justice Association

The Florida Justice Association (FJA), formerly the Academy of Florida Trial Lawyers (AFTL), is dedicated to strengthening and upholding Florida’s civil justice system and protecting the rights of Florida’s citizens and consumers.

FJA works in the legislative, political and public arenas to ensure that Floridians know and understand the importance of their rights to justice and to make certain that these rights, which are at the very core of what it means to be American, are safeguarded and protected.

Click here to contact Michaels

Todd Michaels Bio

Todd Michaels Esq, a lifelong Miami-Dade resident, joined The Haggard Law Firm in 2009. In May 2014, he was named partner at the firm. Todd handles a wide array of the firm’s cases involving wrongful death and catastrophic personal injury, representing clients who were injured through the negligence of others. His practice primarily involves negligent security throughout the State of Florida and nationwide.  Todd has been a frequent speaker on various aspects of negligent security law to different Legal and Security industry groups throughout the country, and has had articles relating to negligent security cases published.  Click to read full bio

 

VIDEO

Michaels discusses how trial lawyers must always be focused on trial, not a settlement.

 

 

 

Common Conditions that Give Rise to a Premises Liability Case

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On August 16th, 2018 The Haggard Law Firm will present Winning Case Strategies in Premises Liability, a FREE CLE Credit Seminar. The event will take place from 1 to 5pm at the Doubletree Jacksonville Riverfront. To RSVP for the seminar, email or call Stacy at slaffere@haggardlawfirm.com   305.446.5700 

This article about premises liability cases was authored by trial lawyer and Haggard Law partner Douglas McCarron who will be one of the presenters at the CLE Seminar

Common Conditions that Give Rise to a Premises Liability Case

by Douglas Mccarron

In my experience, the most common condition in any premises liability case is the lack of guardianship of the property.  In most instances, the property owner and/or manager fails to put in place policies and procedures that ensure that the premises is kept in a reasonably safe condition.  For example, in many negligent security cases it becomes obvious that the owner and management fail to do anything that assesses violent crime occurring at the property.  Without knowing what type of crime is happening, it is nearly impossible to know what type of security measures are needed.  How can the owner make decisions about access control, manned security, and surveillance cameras, if they have failed to gather the crime statistics for the property and the surrounding area?  The answer is simple, they do not know and consequently violent crime continues to victimize the property’s guests and invitees.  In slip and fall cases, many properties fail to ensure that their employees follow the internal policies and procedures to maintain the property in a safe manner.  This leads to dangerous conditions being left on the property for an unacceptable amount of time. 

If property owners simply prepare policies and procedures for their employees to follow and have appropriate supervision to ensure that the policies and procedures are being followed, then the most dangerous conditions would cease to exist.  Obviously, financial considerations come into play for the property owners.  In developing a premises liability case, it is important to discover exactly what property owners are failing to do and why they are failing to do it.  Jurors do not appreciate property owners turning a blind eye and pleading ignorance.  Jurors also do not accept that the owners do not want to put the necessary resources (money) into the property to make it safe.

 

Continue reading “Common Conditions that Give Rise to a Premises Liability Case”

Reaction to Las Vegas Hotel Suing Mass Shooting Victims

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Earlier this week it was reported that the owner of the Mandalay Bay hotel in Las Vegas filed a lawsuit against more than 1,000 victims of a mass shooting that killed 58 people in 2017. The MGM Resorts International’s lawsuit does not seek money and appears to be a judicial bid to avoid liability and dismiss claims against it. On October 1st of last year, 64 year old.

Stephen Paddock opened fire at festival attendees before committing suicide. Paddock had set up a firing point with 23 weapons in the Mandalay Bay overlooking the Route 91 Harvest festival, also owned by MGM.

Trial lawyer Christopher Marlowe of The Haggard Law Firm, which has litigated hundreds of negligent security cases many of which were against hotels/motels,  says MGM Resorts International overwhelming failed to pick up the shooter’s behavior that day and had security issues that lead to the tragedy in the weeks and months before it occurred.

“MGM Resorts and Mandalay Bay, in addition to facilitating mass murder at the  Route 91 Harvest Festival in Las Vegas, are now attempting to use the court system to bastardize federal law and revictimize the families of those injured and killed on its property” says Marlowe.

He adds that the Federal SAFETY Act does not provide blanket immunity to landowners and operators who simply write a check to a security consulting firm which happens to be certified by the Department of Homeland Security.  The premise of this lawsuit against all of these victims is that, by hiring a certified firm, MGM had no further obligations whatsoever to its guests.

Marlowe says that the introduction to this absurd lawsuit states, “[Stephen] Paddock intended to inflict mass injury, death and destruction… The post-attack investigation revealed that Paddock brought in his van, which he parked in the hotel garage, 90 pounds of explosives, consisting of 20 two-pound containers of exploding targets, 10 one-pound containers of exploding targets and 2 twenty-pound bags of explosive precursors.”

click here to review notable Haggard Law Negligent Security Cases

The Haggard Law Firm partner adds “The “Seller” of the Qualified Anti–Terrorism Technology used at the festival, Contemporary Services Corporation, was presumably not in control over the security protocols and procedures relative to guests’ stockpiling of weapons at Mandalay Bay in the days leading up to this attack.  The shooter, in addition to the explosives he collected over a prolonged period of time, had twenty-three firearms in his hotel room at the time of the massacre. ”

The overwhelming failure by Mandalay Bay and MGM to appreciate the buildup of an entire militia’s worth of weaponry in a hotel room, by itself, is an independent and direct proximate cause of what ultimately transpired.  The hotel’s effort to immunize itself from negligence spanning not hours, but rather, days, weeks or months of security neglect, cannot be pawned off under a federal statute designed to protect purveyors of security technology for mass terrorism crimes that unfold in a matter of seconds. This particular act of terrorism required the kind of neglect that brings in boardroom level failures across every spectrum of hotel management – not just a few discreet minutes during a single music festival. – Christopher Marlowe

Continue reading “Reaction to Las Vegas Hotel Suing Mass Shooting Victims”

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The Haggard Law Firm, P.A. represents the rights of people seriously injured or killed through the fault of others. We are passionately committed to our clients and stress the highest level of personal service, professionalism and case preparation.

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