Later today, we will once again be honored to stand with our client, Manuel Oliver, the father of 17 year old Parkland mass shooting victim Joaquin Oliver. Only days after the Oliver family accepted the high school graduation diploma for their late son, NBC’s Today Show aired part one of an interview with Former Broward County Sheriff’s Deputy Scot Peterson who was the school resource officer assigned to Marjory Stoneman Douglas High School on the day a gun killed 17 people and injured 17 more.
Today’s press conference with Mr. Oliver will be to give reaction to that NBC network television interview. click to watch Today Show interview
Press Conference Details
What: Press Conference to respond to part one of Today Show Interview with FMR BSO Deputy Scot Peterson
By: Michael Haggard (Bio) and Christopher Marlowe (Bio), The Haggard Law Firm
Negligent security cases are time consuming, very costly, require a hyper attention to detail, a team effort and knowledge of foreseeability, and in many cases criminal law and a ‘typical’ negligent security case does not and will not ever exist. Our firm has handled hundreds of these cases over the years and have obtained more than $400 million in results for our clients. We can most affirmatively say the immense challenges of these cases are outweighed by the results that can help bring justice to a victim or family that the criminal justice system may never be able to provide, while also changing the way a business or entire industry operates.
In a wrongful death car accident case, we all know to preserve evidence, request the relevant reports, statements and traffic homicide reports. We contact the witnesses tied to this particular moment in time, hound law enforcement and medical examiners to make sure we have all evidence tied to the incident, and begin working these pieces into the theory we hope will increase the probability of success at the end of the case. While this basic and incomplete framework is an important part of a negligent security case as well, it does not account for the historical analysis necessary to place the subject incident in the perspective necessary to appreciate which theory is best, and why.
Power of Foreseeability: $100 million verdict
Like any of the most complicated areas of practice there are multiple layers to consider when litigating a negligent security case. Foreseeability of the act in question, most often a crime, is the first element of the case to consider. For example, it is good to know whether a particular shooting or sexual assault occurred in the common area of an apartment complex, over which the owner or manager had exclusive control. It is important to know whether there is a history of any such activity upon the Premises, and in the areas adjacent or related thereto. There is a history of cases where the Plaintiff counsel assumes that because the crime does not appear to be a “hit” and because the crime on the property is “bad” that their case is a winner. Some of the most common arguments by defense council are tied to the character of the victim or because the area may have a high crime rate there isn’t much the property owner could have done to stop the incident that caused the death or harm of your client. In most states, neither argument has much merit because of the statutes that lay out the responsibility of the property owner to take reasonable measures to protect all guests, residents or customers on a commercial property from harm. In November 2007, we successfully obtained a $102.7 million verdict in a negligent security shooting case thought to be the largest verdict of its kind in the country. We represented a patron of an exotic dance club. Our client sat waiting in his car for his friend to return from retrieving his wallet when he was approached by an unknown person who attempted to rob him at gunpoint. The assailant shot our young client. The bullets rendered him a ventilator-dependent quadriplegic. The jury found that the strip mall where the club was located did not have sufficient security, as there was only one guard on duty. The strip mall’s ownership admitted they had never spent one dollar on security or safety despite the fact there were 26 violent crimes on the same property during the seven years prior to the shooting of our client. Video on Case
Injured or lost a love one on the property of a business, apartment complex or hotel? We want to hear your story, click here or call 305.446.5700
According to WTVJ-TV in Miami, police have charged a local man who they say “pimped a teenage girl out of a Hialeah hotel” while the suspect was already in jail on a separate charge.
42-year-old Edward Lee was arrested on charges that included: human trafficking and contributing to the delinquency of a minor. By law, forcing any minor to have sex is considered human trafficking.
Trial lawyer Todd Michaels of The Haggard Law Firm said “For too long, human trafficking has been ignored. After drug dealing, it is the second most committed criminal act in the world. The horrors that the victims face are beyond comprehension—forced prostitution, slavery, and other forms of torture with no escape.” (Todd Michaels Bio)
The NBC television affiliate reported “According to a police report, Lee kept communication with his girlfriend while he was behind bars and ordered her to force the 14-year-old victim into prostitution out of the hotel off Okeechobee Road in May of that year – instructing her to keep the teen inside the hotel room since she was a runaway.” Police say the teen had sex with 6 men in one day.
Haggard Law, which has litigated against hotels/motels in a variety of premises liability and negligent security cases for more than a decade, is focused on bringing more attention to how commercial businesses play a key role in combating the tragedy of trafficking. Those businesses who do not take responsibility and don’t take active roles in combating trafficking should be held responsible.
Michaels says, “the great enabler for all of these crimes are the commercial premises—hotels, strip malls, apartment buildings—that turn a blind eye to these horrific acts happening right under their noses. Every commercial property owner has a legal duty to act when these crimes are happening on their premises. It is time to start holding those who willfully turn a blind eye responsible.”
Hotels and Motels are Top Targets of Operations For Traffickers
Motels and hotels are considered ideal locations for sex traffickers to operate their heartless and vicious operation. Experts say it is because traffickers are capitalizing on the lack of awareness around this issue within the hotel industry. All too often, they continue to exploit their victims unchecked because staff, managers, and executives do not know what to look for.
Lack of awareness is not a true excuse anymore. Hospitality associations, law enforcement, the federal government and more have discussed the issue in the media and offer training on what the signs are of possible human trafficking at a motel or hotel.
In January Marriott Hotels made human trafficking training mandatory for all associates and developed training tailored to the specific roles on its properties. Over 225,000 associates completed the training this in 2017. It’s a training that has continued in 2018. Haggard Law is confident that if the general knowledge and action taken by some in the industry is not enough to motivate all commercial businesses to become active in the fight against sex trafficking, then premises liability or negligent security civil action will become a new motivating factor.
VIDEO: Haggard Law Firm Managing Partner and Trial Lawyer Michael Haggard is the current President of the National Crime Victim Bar Association. In this video, Haggard discusses shares that human trafficking is at the top of his agenda during his term.
Miami Dade County, FL – A gunshot victim who had his kidney, portions of his intestines removed and his colon perforated settles a negligent security lawsuit against northwest Miami apartment complex for $3 million.
On May 3rd, 2014, Dennis Gore and his friend worked together cleaning one of their clients’ business’. After work, Dennis and his friend played flag football and then went to Dennis’ mother’s apartment at Suncoast Apartments (999 NE 167th Street). Dennis would ask his friend to take him to Walgreen’s to get an ace bandage because of a sore knee.
The two of them went downstairs to Dennis’s friend’s car in the parking lot when Dennis realized that he left his wallet upstairs. He told his friend to meet him around the other side off 10th avenue while Dennis went back upstairs to get his wallet. After retrieving his wallet, he took the stairs to a door led directly into the parking lot when his friend to pick him up.
A man standing at the bottom of those stairs simply said “hey”, which made Dennis turn around. The man was brandishing a gun. Dennis attempted to evade the stranger but was met by a second man who tried to grab him. After breaking free and attempting to exit through a doorway, bullets began to fly. He was shot 6 times. Dennis was taken to Jackson Memorial Hospital where he went into emergency surgery.
Haggard Law Trial Attorney Jason Brenner – CONTACT BRENNER – JRB@haggadlawfirm.com
Haggard Law Firm Trial attorney Jason Brenner and Douglas McCarron litigated the case. Brenner says while the apartment complex did have security in place, it was not sufficient considering the level of crime in the area. The claims made in the case were past and future medical expenses and past and future pain and suffering. “May 3rd was the beginning of a nightmare that Mr. Gore will never wake up from and it may have been prevented if this apartment complex had fully committed to providing the level of security needed to protect residents and guests.”
Haggard Law Trial Attorney Douglas McCarron – CONTACT MCCARRON – DJM@haggardlawfirm.com
The Haggard Law Firm has an extensive history of litigating negligent security cases involving apartment complexes, hotels, motels, gas stations and other commercial businesses. Over the last ten years, Haggard Law Trial Attorneys have obtained more than $400 million in results for clients severely injured or the families of those killed due to a property owner or managers negligence.
CONTACT HAGGARD LAW FIRM 305.446.5700
VIDEO: What is the first step in a negligent security case??
Bronze EAGLE recipients are those members who go to great lengths by contributing time and money to the EAGLE cause which aims to provide resources to power FJA’s mission of:
defending civil justice at the Capitol and promote lasting and meaningful reforms to protect injured victims,
to preserve the safety of Florida’s consumers,
and to ensure the continued success of your practice for years to come.
Bronze EAGLE Award recipients have been very involved in EAGLE over the years and continue to be active in EAGLE.
When asked by the FJA what the FJA and EAGLE program meant to him, Michaels responded “When it comes to protecting the rights of the injured, the aggrieved, and the voiceless, there is no more important organization than the Florida Justice Association. The EAGLE program ensures FJA’s staff and leadership remain focused on protecting our practices and the rights of our clients without distraction.” Michaels has been an active member of the FJA since September of 2009.
He will receive the honor during the FJA’s Presidential Luncheon on Friday June 22, 2018 at The Breakers in Palm Beach.
The Haggard Law Firm has been recognized by TopVerdict for notable results in 2017. TopVerdict recognizes U.S. law firms and attorneys who have obtained one of the highest jury verdicts, settlements, court or arbitration awards in the Nation or an individual State, in a particular area of law, and year
The $12 million verdict obtained by Haggard Law in Machado v Waves of Hialeah was named by TopVerdict as the number one inadequate security (negligent security) verdict and third highest premises liability verdict in Florida in 2017. The negligent security, wrongful death case was litigated by our Christopher Marlowe, Jason Brenner, James Blecke and co-counsel Alexis Izquierdo, ESQ.
This is the second straight year Haggard Law has earned the #1 Inadequate Security verdict recognition. In 2016, Brenner and trial attorney Douglas McCarron were recognized for the $1.7 million verdict obtained in Navas V Regal Entertainment Group. That case involved injuries suffered by a Monica Navas after moviegoers trampled her while trying to frantically escape a theater after a suspicious person started a fight days after the Aurora Colorado movie theater mass shooting.
Christopher Marlowe and trial attorney Pedro Echarte were the litigators of the #3 ranked inadequate security case on the 2017 list. The pair delivered a $1 million result in Gilbert v. Cryptical Development LLC.
Late Friday, a Ft. Myers jury awarded long haul trucker Steve Long $907, 211 for the injuries he sustained from a 2014 beating by several people in the parking lot of a Waffle House.
The Haggard Law Firm’s Todd Michaels co-counseled the negligent security case along with Dave Mishael of the Law Offices of David B. Mishael and Steven N. Kassner of Steven N. Kassner, PA.
The team of attorneys explained to the jury that for the 3 years before Long was attacked on April 19, 2014, , there were 24 significant crimes committed on the property. Those crimes included multiple fights (one involving nearly 100 people) and three incidents involving gun shots.
Haggard Law’s Todd Michaels explains “all of the crime and danger occurred in the 3rd shift, nonetheless, there was nothing done about it, IE: no security in the parking lot, no outside security cameras, poor lighting and no manned security.”
Michael Haggard says he wanted to become a trial lawyer thanks to the example set by his father Andy Haggard and what he watched his father do to help clients effected by tragedy.
Haggard has established himself as a powerful force in the South Florida Legal Community as the Managing Partner for The Haggard Law Firm. After spending time as a Public Defender and working with a small personal injury firm before joining The Haggard Law Firm, Haggard was named a partner in 2001, secure in the belief that every case holds equal importance and could mean the opportunity to award a family resolution to a devastating incident.
He soon captured national headlines as the only plaintiff’s personal injury attorney to secure three separate $100 million dollar verdicts on behalf of individual clients. Haggard secured two consecutive $100 million verdicts on behalf of children involved in pool accidents. Several years later, a third $100 million verdict was awarded by a jury in a negligent security case, deemed the largest of its kind for that genre of case law.
A recent issue of the VerdictSearch periodical named a $12 Million verdict earned by Haggard Law in a wrongful death, negligent security case as the “Featured Verdict” of the month.
Background of Case
A Miami Dade County jury awarded the parents of Yaimi Guevara Machado $12 million following a five-day trial that originated from a wrongful death negligent security lawsuit filed against the Chesapeake Motel.
On April 10, 2016, their daughter, 30-year-old Machado was locked out of her hotel room only wearing a bra and jeans when she asked the staff of the Hialeah motel for help . They refused. Moments later, police say, she was beaten to death by Ronald Lopez Andrade who has been charged with first-degree murder.
Machado’s family filed the lawsuit against the owners of the Chesapeake Motel because they believe its staff had several opportunities to prevent the tragedy. Along with not assisting Machado when she approached them, the hotel’s staff:
Allowed Andrade, who was not a hotel guest, to linger on the property
sold Andrade alcohol
fielded a request from the inebriated Andrade for help to find a prostitute
did not kick Andrade off property when he sought sexual favors from a housekeeper
Over the last decade, The Haggard Law Firm has handled hundreds of premises liability / negligent security cases, delivering more than $300 million in verdicts and settlement in that time.
To read the entire feature by VerdictSearch.com click here: http://verdictsearch.com/state/fl/
Media Coverage
The tragic and preventable crime and subsequent verdict was covered by media outlets across the area and internationally. The parents of Machado continue to hope the exposure of the case will help change motel and hotel security policies so no one else loses their loved one
In a move that most would call a surprising, members of a Florida Senate Committee pulled a bill that would allow human trafficking survivors to sue Florida hotels and other businesses where they were sold for sex. The partnering House bill had already passed two committees and was headed to the House floor.
“This was a chance for our state leaders to take a stand against modern day slavery and they chose the hospitality lobby” says Haggard Law Firm Managing Partner Michael Haggard.
Haggard, who is the current president of the National Crime Victim’s Bar Association, added “to say this is disappointing is a vast understatement. Florida ranks as the third worst in number of human trafficking cases in our country. Studies show that the majority of trafficking victims, primarily for sexual exploitation, are abused in hotels and motels.”
The NCVBA has a long-standing commitment to civil justice for victims. As President, Haggard plays an intricate role in advising and setting the annual agenda on what issues the organization will focus on in support of crime victims. This year Haggard has earmarked support of human trafficking victims as a primary goal.
The Orlando Sentinel reported: “…ex trafficking survivors spoke tearfully of betrayal by Florida lawmakers Friday as bills that would have allowed the hotel industry to be sued for willfully ignoring the problem came to a puzzling halt this week…”
The legislation would hold business owners liable if they “knowingly or in willful blindness” facilitate trafficking crimes.
“With or without state leadership, The Haggard Law Firm is 100% committed to using the tool of the civil justice system to hold business owners accountable for their negligence due to ignorance and those who choose to profit on trafficking by seemingly turning a blind eye to this multi-billion dollar criminal enterprise conducted on their property” says Haggard.
Multiple media outlets reported that the hospitality industry, namely The Florida Restaurant and Lodging Association and Disney, had been lobbying hard against it behind the scenes,
“As crime victim trial attorneys we know civil court remedies will effect change on a wide scale while helping victims pick up the pieces of their life and start a new”
