The Haggard Law Firm’s involvement with the Southern Trial Lawyers Association was on full display this past week and over the weekend during the STLA Conference in New Orleans.
Managing Partner, Michael Haggard was a featured presenter at the conference delivering a speech on Security. Our own Christopher Marlowe, a current STLA Board Member attended board meetings and former STLA Warhorse recipient, Andy Haggard was also in attendance at this weekend’s conference.
The background check. Examinations of our past seem so common in every corner of our lives, that on that rare occasion where we are not asked to verify our personal information or consent to an examination of it, the transaction seems either charmingly quaint or mildly suspicious. Our criminal history, finances, family relations, utilities, medical history, schooling or employment, to name a few, are routinely brought forth and scrutinized (or verified) as a necessary part of routine personal and business operations.
The ubiquity of the background check has fomented a public expectation that virtually every person we encounter has been screened for one thing or another. Certainly, the priest or teacher is screened for child or sexual related offenses. The Uber driver has been thoroughly vetted for traffic offenses. The apartment manager’s personal finances are in order, such that the proper handling of rents is not in jeopardy.
These expectations, however reasonable, are not subject to uniform regulation and even more rarely are they mandated by law. The inconsistent handling of sex offender regulations helps highlight our misperception of the efficacy and regularity of background checks. Society considers itself tough on sex offenders, and lawmakers fashion themselves as protectors of the children and those most vulnerable. Florida Statute 948.30 is a good example. If a sex crime victim was under the age of 18, the offender cannot work for pay “or as a volunteer at any place where children regularly congregate, including, but not limited to, schools, child care facilities, parks, playgrounds, pet stores, libraries, zoos, theme parks, and malls.”
When handling personal injury/wrongful death cases resulting from fires, the importance of quickly notifying the property owner of the potential claim and gaining immediate access to the property to the perform a site inspection is imperative. While in other types of cases (e.g., drowning, automobile, aviation, medical malpractice, negligent security) the evidence required to prove your case is generally preserved, that is generally not the case when it comes to litigation stemming from fires because landowners (whether residential or commercial) generally want to promptly repair their premises after a fire in order to avoid a significant loss of income. Once the property is altered or repaired, it will be difficult to determine not only the cause of fire, but also what fire safety measures that property had at the time of the fire and whether they operated as intended.
In fire cases that we have handled, we have accomplished early notification to the potential defendant and coordination of a site inspection in one of two ways. Generally, we first attempt to reach the property owner directly, informing them of the potential claim and requesting access to the property. If we are unable to contact the property owner or if the property owner refuses to give us access to the property, we file the lawsuit along with an emergency motion seeking to enjoin the property owner from repairing the property and requesting access to the property for a site inspection.
In the last week, there have been a string of robberies at gas stations and parking lots of popular retailers in South Florida. A large percentage of the negligent security cases The Haggard Law Firm has litigated in the last decade have included violent incidents involving these types of businesses. Cases like Snell VS Family Food Saver II, CORP which occurred on the property of a gas station and Pilotos v. Ryta Food Corp which was a deadly shooting in the parking lot of a grocery store.
“Every business owner who holds themselves open to the public has a duty to assess the risk of crime occurring on their property, and to implement adequate security based on that risk. All too often, we have seen business owners fail to do so, and the result is both tragic and predictable. Unless business owners are doing their part, there is little that the police or individuals themselves can do to remain safe.”
The Haggard Law Firm’s Managing Partner Michael Haggard will be a presenter during the 29th Annual Southern Trial Lawyers Association Conference next month.
The Haggard Law Firm’s Managing Partner Michael Haggard was just voted to become the President Elect of the National Crime Victim Bar Association. Haggard has been a member of the NCVBA for 15 years and has been a board member for 10.
Workplace violence tends to grab headlines because the thought of a coworker murdering or maiming colleagues imparts a sense of dread that we do not like to visualize in those around us every working day of the week. More frequent, however, are those crimes of opportunity facing employees in high-risk environments, such as convenience and liquor stores, fast food restaurants and check cashing businesses. The nature of their work requires large amounts of cash on hand, and such businesses are frequently located on major highways to increase foot traffic and customer counts. Those same factors that make the shopping experience easier for the customer help make committing these crimes easier for the would-be robber. The ability to enter the property in a car, and disappear rapidly into a sea of commuter traffic make apprehension much more difficult for law enforcement. Signage in the windows offering discounts and sales often blocks the view of passersby into the windows, making the observation of an ongoing crime more difficult. In the convenience store setting, Florida law acknowledges these realities through F.S. 812.173, the “Convenience Business Security Act.”
Congratulations to our Managing Partner Michael Haggard who recently became a member of The National Trial Lawyers Top 100 Trial Lawyers organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers.
