The Daily Business Review has just published an article featuring the recent $1.8 million negligent security case settlement delivered by the Haggard Law Firm.
In the article, Haggard Law attorney Douglas McCarron describes how the inaction by the property owners of a Tampa apartment complex who refused to invest in proper security measures despite pleas from property management, directly contributed to the shooting death of a 23-year-old father of three.
To read the full article click the images below or this link
Later today, The Haggard Law Firm’s Douglas McCarron will lead a presentation during The 2016 National Crime Victim Bar Association’s National Conference in Philadelphia. The Conference is currently underway in conjunction with the National Center for Victims of Crime’s 2016 National Training Institute.
McCarron’s presentation, Negligent SecurityCase Gameplan: “Blocking & Tackling Fundamentals Mixed with Razzle Dazzle”, his highly demonstrative , interactive and will highlight what every Victim’s lawyers must know presenting their Negligent Security case.
Authorities say a 10-year-old girl who was taken to the hospital following a near-drowning at a Jacksonville hotel has died.
The Jacksonville Sheriff’s Office reports the Pensacola girl was swimming at the Hilton Garden Inn pool late Saturday night with three young family members. At some point she went underwater. Two of the children tried to pull her out of the pool, while the third child ran to an employee of the property for help.
When deputies arrived at the hotel, CPR was being performed on the girl. Patrol deputies took over CPR efforts until St. Johns County Fire Rescue paramedics arrived and took the girl to Beaches Baptist. She was then air lifted to Wolfson Children’s Hospital, where she later died.
Authorities said they believe there were no adults present with the children at the time, and the pool was apparently closed to swimming before the incident.
The Haggard Law Firm’s Douglas McCarron will be a feature presenter during The 2016 National Crime Victim Bar Association’s National Conference. The Conference will be held in Philadelphia on September 19-21 in conjunction with the National Center for Victims of Crime’s 2016 National Training Institute. The Institute brings up to 1,001 civil attorneys, victim advocates, criminal justice professionals and law enforcement officers to share their knowledge and experience across disciplines.
The training institute emphasizes a multidisciplinary approach to sharing promising practices, current research, and effective programs and policies that are victim-centered, practice-based, and research-informed. The Institute’s forum allows for law enforcement, victim service professionals, allied practitioners, policymakers, and researchers to share current developments and build new collaborations.
McCarron’s presentation: Negligent Security Case Gameplan: “Blocking & Tackling Fundamentals Mixed with Razzle Dazzle.”
This highly demonstrative and interactive presentation will highlight what every Victim’s lawyers must know presenting their Negligent Security case. In addition, with using the results of over 30 Negligent Security case verdicts and one hundred Mock trials, the presentation will cover “ Cutting Edge Strategies” that the Defense never see coming.
Since 2007, The Haggard Law Firm has litigated more than 150 negligent security/premises liability cases which have resulted in more than $350,000,000 in verdicts and settlements to our clients in those cases.
Haggard Law Attorney Christopher Marlowe was interviewed and quoted in a just-released Bloomberg Businessweek article highlighting how Walmart’s cost-cutting measures may be directly related to an increased rate of crime at its stores nationwide. From rape to shoplifting, to kidnapping and murder, the article lays out how police are trying to corral the rampant crime in many of the nation’s number one retailer’s locations. A recent example in the last few weeks, police in Buffalo found a meth lab operating underground of a local Walmart store.
Marlowe fought Walmart for several years in a lawsuit he filed in 2010 on behalf of a woman who was abducted outside a store in DeFuniak Springs, Florida, and repeatedly raped. Marlowe discussed how Walmart made every legal maneuver to avoid releasing its in-house crime statistics.
From the article, Walmart’s Out-of-Control Crime Problem Is Driving Police Crazy By Shannon Pettypiece and David Voreacos:
Walmart’s lawyers typically argue that the company couldn’t have foreseen the crime in question and that it took reasonable steps to keep customers safe. It tries at every opportunity to keep its crime database secret. Even in litigation, when it must produce company records under court seal, its lawyers have wrangled for months or even years to limit access to its records, arguing the information is proprietary. “Nothing compares to the way Walmart litigates cases,” says attorney Christopher Marlowe. He fought Walmart for several years over a lawsuit he filed in 2010 on behalf of a woman who was abducted outside a store in DeFuniak Springs, Fla., and repeatedly raped. Marlowe said in a court filing that he learned only in 2013 of the database, which documented “precisely the sort of incidents” he sought for more than two years. Walmart’s lawyer, he said, “led everyone to believe that crime data retrieval was a great mystery—a query of inconceivable proportions.” Walmart denied liability in the case. The company eventually settled for an undisclosed sum.
The Haggard Law Firm’s Todd Michaels is one of the featured speakers at today’s 2016 Al J. Cone Advocacy Institute being held through Saturday in Orlando. The Institute is three days of engaging presentations and interactive workshops designed specifically for new personal injury attorneys to advance their trial skills.
Michaels will be part of several workshop panels discussing different elements of the trial process. Attendees go through the entire trial process from the defense and plaintiff perspective using a case fact pattern.
The event is hosted by the Florida Justice Association 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.
Preparing to exceed the burden of proof and maximizing damages begins at client signup. The defense counsel has a head start. From the moment of loss, the defendant has secured or destroyed evidence, interviewed witnesses, researched the client, developed theories of defense, comparative fault, and otherwise played five or six key chess moves before plaintiff counsel even knew they were in the game.
Assuming the defendant is tireless and meticulous in its work is the only safe and essential assumption plaintiff counsel should make when preparing a case. Regardless of the cause of action, assume that the plaintiff and every friendly known witness has a history that, if known, will adversely affect the ultimate outcome. Until proven otherwise through the use of public records and interviews, all of which should occur pre-suit outside of formal discovery, remain vigilant in learning everything to know about the client and witnesses that may be called on throughout the litigation. Background checks, civil, criminal and family court files all will either confirm a cautiously optimistic impression of the plaintiff, or prepare to deal with the collateral—usually irrelevant, but always distracting—attacks upon the person of your client when the time comes. The same exercise is performed upon all anticipated defendants.
This pregame ritual requires an attorney/client relationship that exceeds the formality of the client contract. As advocates, attorneys should remain focused on the end game, but along the way, the attorney-client relationship must be a candidly safe space. Building the trust necessary to avoid surprises down the line involves introducing other staff upon initiation of the attorney-client relationship. My assistant regularly phones witnesses and clients, even when no information is needed and when no deadlines are looming. This process signals to the client the reality that we are working hard for them, and increases the probability that we will learn in advance of any issues that may prove troublesome down the road.
Once in suit, the rules of discovery and formal deadlines begin to take hold of an attorney’s case building efforts, which makes the “informal” pre-suit information gathering process all the more important. As such, guard against rushing into suit. The time to mercilessly press for a special set trial begins after committing to the case armed with all reasonably available information and background materials on everyone involved.
Attorneys know in advance those materials that will be asked of the clients in standard discovery requests, but shouldn’t attorneys have learned as much as possible about the defendant and possible witnesses before filing suit? Filing suit is the moment in which we regain the tactical edge, because together with the complaint, targeted discovery requests based on information and materials we learned pre-suit ensure the defendant is responding to us rather than the other way around. And when the inevitable discovery is propounded upon the client, staff and attorney time is not wasted gathering materials and information that should have been in their possession from the beginning.
Whether an automobile accident, premises liability, medical negligence or product liability case, pre-suit research should inform attorneys of obstacles to success, and tools available to address those challenges as they arise. The internet is a tremendous resource, which should be used to identify the original source materials available for more detailed exploration. For example, in a premises liability case at a shopping mall, an attorney may not have pre-suit access to the leases between the various merchants and the management company or landowner. But if applicable to the facts of the case, the county record department will have any relevant easements pertaining to the property on file, often with supporting materials that one would not expect to find in a clerk’s office, including correspondence between landlords and tenants. In a dram shop case, the state licensing board for alcohol permits will have submissions from the applicant in order to have obtained the license to serve alcohol. The documents may include extensive correspondence by the soon-to-be defendant regarding the scale and scope of the intended use of that license, prior negative incidents, and attorneys may be surprised by the detailed photographs or schematic drawings of the establishment.
This pre-suit effort likely will not deliver a case on a silver platter. It may not ultimately provide the silver bullet at the first key deposition, where information obtained outside of discovery truly has the ability to surprise opposing counsel. But those attorneys who have dug as deeply as possible into all foreseeable issues and contingencies pre-suit will more efficiently prosecute the case and be ready to confidently select a jury the first time the case is up at calendar call. And, if an attorney by chance does find that silver bullet before the case is even filed, all the better.
Managing Partner Michael Haggard has been named to the 2016 Florida Trend Magazine Legal Elite list. Attorneys selected to the list are chosen for recognition by their peers.
Florida Trend invited all in-state members of the Florida Bar to participate. Lawyers were asked to name attorneys whom they hold in the highest regard or would recommend to others.
Haggard is also a member of the Legal Elite Hall of Fame which is comprised of a distinguished group of attorneys who have consistently earned high rankings from their peers in the annual Legal Elite voting.
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.
Just today, my partner Todd Michaels, secured a $2.65 million dollar verdict in a negligent security case in Clay County, Florida. The facts of the case demonstrated that the property knew that there was a upswing in crime at the property. Instead of being proactive, the property owner allowed the access control gates to remain broken for over 6 months. The property owner’s failure caused the death of our client during a burglary attempt to his sister’s home. This is a prime example of how juries will find for a victim in light of a property owner refusing to make their property safe.
As discussed, when preparing a premises liability case, it is extremely important to go through what policies and procedures a property owner has put into place and whether they are being followed. Just as important is why a property owner is failing to take the reasonable steps to make sure that the property is safe. Get all written policies and procedures as soon as possible – send written discovery requesting this information with the filing of the Complaint. Follow this with detailed depositions of management and the property employees. Armed with this information, it will become easy to show that the property owner and/or management dug their head in the sand and were at fault for your client’s injury or death.
The Haggard Law Firm’s William Haggard, Michael Haggard, Douglas McCarron, Christopher Marlowe, Todd Michaels and James Blecke have all been named to the 2016 Super Lawyers List.
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.
The patented selection process includes independent research, peer nominations, and peer evaluations.
