$2 Million Settlement in Child Sexual Assault Case

Owners of a Key West apartment complex have agreed to pay $2 Million to the family of a minor who was sexually assaulted multiple times by a de facto employee.
The minor child victim was living with his family in a rental apartment in Key West. Over a period of several months, the child was subjected to multiple sexual assaults and batteries at the hands of the de facto property manager while on the premises. The abuse was discovered by the child’s mother, who promptly reported the matter to the police. The criminal offender died before the criminal case was completed and before the suit was filed in the civil matter.
The apartment complex denied that the offender was an employee of the owner, or that he had the level of access to the child’s apartment that the plaintiff claimed in this case. Haggard Law Firm attorneys Christopher MarloweMichael Haggard and co-counsel Chelsie M. Lamie represented the family of the victim. Their investigation revealed that the offender executed many of the duties of a property manager and received a discount on his rent from the owners for the work done.
Several witnesses indicated that the offender had acted inappropriately over the years, albeit not as severely as in this case. The offender was a convicted felon who had no record of convictions for any prior similar crime, but whose qualifications for the job were suspect on multiple levels.
The child victim was an extraordinarily brave and credible young person who wanted to send a message to other property owners to act responsibly so no other children are victimized.

 

 

 

Common Conditions that Give Rise to a Premises Liability Case

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.

 

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Haggards Part of Legal Organization Supporting Assault Weapons Ban

 

The International Academy of Trial Lawyers has announced it is supporting assault weapons. The Haggard Law Firm’s Managing Partner Michael Haggard and Senior Partner Andy Haggard are both members of this renowned legal organization. Michael is currently on the Board of Directors and Admissions Committee Board Member.

IATL is an international legal association both in spirit and membership. The Academy limits Fellowship to 500 active trial lawyers from the United States and includes over 150 Fellows from nearly 40 countries across the globe.

Fellowship in the Academy is by invitation only, and trial lawyers become Fellows only after an extremely rigorous vetting process, which includes both peer and judicial review. The Academy seeks out Fellows who have achieved a career of excellence as shown by their skills in trial, and as demonstrated by their integrity and professionalism. Members are often heavily involved in pro bono efforts and contribute generously of their time and resources to their local communities.

The organization sent out the following news release on the day of the March for our Lives protests around the country:

 

FOR IMMEDIATE RELEASE
Contact: Janel Fick, Executive Director
info@iatl.net

Elite legal organization backs assault weapon ban, student protests

Austin, Texas, March 24, 2018 –  The International Academy of Trial Lawyers this week adopted a resolution supporting an assault weapons ban and endorsing protests aimed at ending gun violence in communities and schools.

The Academy’s board unanimously approved the resolution March 21, citing its interest in maintaining a civil society. The resolution said:

We, as an Academy, believe all assault weapons and high capacity magazines should be banned. The Academy also gives its undisputed support for the protests going on around the United States, including the March for Our Lives events, which demand that safety become a priority and that we end gun violence in our schools and communities.

The Academy, chartered in 1954, is an organization of elite lawyers nominated and selected based on their demonstrated skill and ability in jury trials and other court proceedings. The organization promotes professional excellence, legal reforms, and integrity in the legal profession.

 

Result: $1.5 Million Settlement in Slip and Fall Wrongful Death Case

 

We are very proud to share that our Todd Michaels has secured a $1.5 Million dollar settlement in the slip and fall wrongful death case of Qurris Walker (pictured).

In August 2011, Walker, who suffered from Down’s Syndrome, slipped and fell on a wet floor at the Rosen Shingle Creek Hotel in Orlando. At the time of the incident, the floor was being cleaned by Rosen’s Cleaning service, Majic Cleaning Systems. As a result of the fall, Mr. Walker needed surgery to repair his leg and suffered respiratory arrest during recovery from the surgery. Nearly two years after the fall, Walker, who suffered from numerous pre-existing health issues, passed away. Both liability and causation were highly contested.

The defense argued that Majic had put down five cones in the lobby, adequately warning visitors that the floor was wet and that Mr. Walker’s death was a result of his other health issues, and was unrelated to the fall. Our thanks to the inspirational and brave Walker family for their passion to seek justice.

 

The Truth about Direct and Cross-Examinations

In this article, The Haggard Law Firm’s Jason Brenner discusses a variety of topics including why trial attorneys should always employ a philosophy that every case should be prepared to go to trial. He says it is a mindset that many trial attorneys don’t employ.

Brenner is part of the team that recently obtained a $12 million verdict in a wrongful death, negligent security case following a 5 day trial (click to learn more about the case). Click here to learn more about the case

To learn more about The Haggard Law Firm‘s Jason Brenner, click here

The Truth I Never Knew about Direct and Cross-Examinations

Entering the legal field with the desire to become a trial attorney is a daunting endeavor. There is only one place where a young lawyer can establish himself or herself as a trial attorney—in the courtroom. Trial practice has almost become a misnomer in today’s world. The firm where I have been privileged to practice is made up of an endangered species of the trial attorney. I revel in the “war stories” about them trying a case on Monday and preparing for the next one on Friday. Nowadays, the majority of time spent in court is in motion practice.

The current status of trial practice creates an interesting conflict for young, aspiring attorneys in their attempt to develop trial skills. In the almost six years I have been practicing, I have been trial support on two civil jury trials and second chair on an additional two. The first trial in which I participated as second chair was a stroke of fortune and an eye-opening experience. Once I was in the courtroom in this role, I understood the purpose and importance of direct and cross-examination, but, most important, I understood the difference between direct and cross-examination in discovery and at trial. The primary focus of this article is to illustrate the principles of direct and cross-examination that have been taught to me.

FOR A FREE CONSULTATION, CLICK HERE

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Holiday Shopping Safety Tips

Tis the season for the holiday shopping surge. Unfortunately with the increased traffic experienced by most stores, malls and gas stations comes a rise in crime at those commercial properties. While some malls take responsible steps to increase security measures, too many businesses are negligent in providing the adequate security needed to protect you and your family from harm.

The Haggard Law Firm has litigated hundreds of negligent security & premises liability cases. It’s with that vast experience of investigating what security measures some business owners or property managers fail to do that we bring you  Holiday Shopping Safety Tips.

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NCVBA National Conference – Civil Actions for Criminal Acts

Make your plans now to join The Haggard Law Firm‘s Michael Haggard from December 5th to the 7th in Portland, Oregon for the 2017 National Crime Victims Bar Association’s National Conference, Civil Actions for Criminal Acts. Haggard, the organization’s President-elect will be among the speakers during the conference.  The event offers attorneys a chance to network and learn from other attorneys in the field, and connect with victim advocates, counselors, program managers, attorneys, social workers, psychologists, researchers, nurses, volunteers, administrators, clergy, nonprofit managers, system-based service providers, and leaders from across the country.

Conference Training Highlights Include:

  • 15 workshops and four plenary sessions covering topics such as violence against women, campus crimes, elder abuse, victims with disabilities, underserved populations, children and youth, and many more;
  • Option to obtain Continuing Legal Education credits; and
  • Networking opportunities over lunch.

Don’t miss this opportunity to engage with other professionals in the field, or to attend Haggard’s workshop session!

Learn more about Michael Haggard by clicking here

 

To register, click here: http://victimsofcrime.org/our-programs/national-crime-victim-bar-association/conferences 

 

Miami Herald Write Up on Michael Haggard’s Recent Honors

The Miami Herald featured The Haggard Law Firm’s Managing Partner Michael Haggard in a recently published article. The write-up reported on Haggard recently receiving the 2017 Florida Justice Association’s Perry Nichols Lifetime Achievement Award and recognition as ‘Lawyer of the Year’ by Best Lawyers of America. The article detailed how the prestigious recognitions received by Haggard came within a year of his life-saving kidney transplant.

Haggard told the paper “The Perry Nichols Award and the Best Lawyer Award are the greatest professional awards I have been honored to receive. Each is specifically gratifying proving someone with PKD is never limited in achieving their dreams and I hope that inspires others.”

miami herald article on haggard winning pery nichols and lawyer of the year

to read the full article:

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Haggard Receives Perry Nichols Award

 

Surrounded by family, friends, members of the Haggard Law team and hundreds of the top attorneys in the State of Florida, Michael Haggard received the most prestigious honor given by the Florida Justice Association, the Perry Nichols Award. The FJA website says “The Perry Nichols Award is the highest honor the FJA bestows and gives recognition to an individual who has dedicated a lifetime to the pursuit of justice through extended and distinguished service to the cause of justice in Florida and in the nation.”

Haggard speaks to the audience after receiving Perry Nichols Award Michael Haggard with his wife Bekki Andy Haggard looks on as his son, Michael Speaks to the audience

Haggard Addresses Founders’ Awards Luncheon Guests

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Michaels Delivers Seminar to International Security Organization

The Haggard Law Firm’s Todd Michaels was a featured speaker yesterday at the ASIS International’s 2017 63rd Annual Seminar and Exhibits in Dallas. ASIS is a global community of security practitioners that represent every security-based industry in the public and private sectors.

 

Michaels seminar, “How to Avoid a $100,000,000 Verdict Against Your Business”, was focused on helping security professionals understand how a security plan will not only prevent incidents but also provide a framework for defending a business’s reasonable actions.  Michaels shared his insight on how to avoid a catastrophic lawsuit and used a variety of real-world examples of some of the many notable negligent security case results successfully litigated by The Haggard Law Firm.

 

CLICK to read Daily Business Review article on Haggard Law Firm’s negligent security case history

 

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