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Tag: Negligent Security Florida

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.

 

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Press Conference Regarding Parkland Shooting

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MEDIA CONFERENCE ALERT

Attorneys Representing Parkland Shooting Victims’ Families To Hold Media Conference, Will Be Joined by Parents of Shooting Victim Joaquin Oliver

 

Ft. Lauderdale, FL – In response to court records that indicate the Broward County School Board aims to minimize its responsibility in the shooting deaths of 17 people at Stoneman Douglas High School in Parkland Florida February 14th, a press conference will be held on Friday, April 27th, 2018 at 10:30 am outside the Broward County School Board building.

 

According to the South Florida Sun-Sentinel (click to review article ), court records show that The School Board “is portraying the mass murder as one incident with many victims.” Michael Haggard and Todd Michaels of The Haggard Law Firm, which represents the families of two victims, will be joined by 17-year-old victim Joaquin Oliver’s parents Manuel and Patricia.

 

Trial attorney Michael Haggard of The Haggard Law Firm says “the school board is watching its financial best interest instead of that of the families it has publicly claimed it would continuously support.” Haggard, whose law firm represents the Oliver family in this case, adds “The School Board should be ashamed. Each of these families are suffering. We have successfully litigated against School Boards in the past and will take this matter to Tallahassee if needed.”

 

The Haggard Law Firm represented the family of Juan Carlos Rivera, who was stabbed to death at Coral Gables High School in September of 2009. In that case, Haggard filed a claims bill in the State Legislature to finalize the $1,875,000 settlement agreed upon with the Miami-Dade County School Board.

 

Media Conference Details

 

Haggard Law Firm and Negligent Security Cases

The Haggard Law Firm has litigated nearly 200 cases involving the failure to provide adequate security resulting in the victim suffering severe injuries and/or death. Since 2007,  The Firm has handled over 175 negligent security cases and delivered over $400million in verdicts and settlements in those cases.

 

Establishments such as bars, restaurants, flea markets, shopping centers, nursing homes, banks, hotels and apartment buildings have all been subjects of successfully litigated negligent security claims. By representing individuals permanently injured in cases stemming from negligent security, we take an active role in making the community safe for the public.

 

In 2017 and 2016 TopVerdict named two different Haggard Law Firm cases as the #1 inadequate security (negligent security) verdicts in Florida each respective year.

Learn more about Haggard Law negligent security – inadequate security cases, click here

 

2017 Top Verdict in a Negligent Security Case – Haggard Law Firm

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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.

Click here to view multiple media reports on the Machado verdict. 

The Machado case was also named one of the Top 50 Verdicts overall in Florida in 2017.

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.

 

Continue reading “2017 Top Verdict in a Negligent Security Case – Haggard Law Firm”

$907K Verdict in Waffle House Parking Lot Beating Case

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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.” 

 

 (Scroll down to watch video RE: importance of Foreseeability in Negligent Security Cases)

Continue reading “$907K Verdict in Waffle House Parking Lot Beating Case”

$12 Million Haggard Law Verdict Featured in VerdictSearch Periodical

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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

The Haggard Law Firm’s Christopher Marlowe and Jason Brenner were joined by co-counsel, Alexis Izquierdo, in litigating this case.

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

 

 

 

 

 

 

 

What Does Haggard’s Pedro Echarte Enjoy About Litigation

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Attorneys, besides achieving a positive result for a client….what is the favorite part of your job?
Our Pedro Echarte​ says cross examination during a trial or deposition is one element of the litigation process he most enjoys. Why? and what’s the other?

 

Haggard Law Firm Trial Attorney Pedro Echarte describes what he enjoys the most about the litigation process and the opportunity to help families searching for justice through the civil court process.

In 2016, Echarte litigated a negligent security case involving a young father who was shot 6 times in an attempted home invasion at a condominium located in Miami. As a result of the crime, the 22-year-old was rendered an incomplete paraplegic. Echarte was able to earn a $10.6 million settlement result for the Haggard Law client and his family.

To learn more about Pedro Echarte, click here

The Role Crime Statistics Play In a Negligent Security Case

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by Jason Brenner, Associate at The Haggard Law Firm

Although each negligent security case may bring about different facts or require ingenuity with your strategy, there are certain elements of your case that remain constant.  One of those elements is crime statistics.  The importance of crime statistics in your case cannot be stated enough.  Not only do these statistics help establish notice and foreseeability to the defendants, they are also a treasure trove of information.

With respect to notice and foreseeability, your crime statistics establish what the defendants “knew or should have known” prior to and at the time of subject incident.  So what should you request?  You begin by requesting the calls for service and all police reports for the subject property.  This needs to be done in one request.  From there, depending on your jurisdiction, you will order up to a mile radius for the calls for service.  Once you receive each respective request, you must synthesize the data.  For example, you will detail the violent and non-violent crimes and their frequency on the property.  This provides a picture of what type of crime was going on at the property.  It provides you with the ability to illustrate to the jury the level of crime occurring and can be used effectively to show that it is an improbability for a defendant to be unaware of the police being called to the property.

Continue reading “The Role Crime Statistics Play In a Negligent Security Case”

The Truth about Direct and Cross-Examinations

Posted on by HaggardTeam

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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South Florida Media Coverage of $12M Negligent Security Verdict

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On Monday The Haggard Law Firm hosted a media conference to discuss the recent $12 million verdict earned in the negligent security wrongful death case of Yaimi Guevara Machado. Joined by our brave clients, Machado’s parents and sister, our collective goal was to drive the message home to motel owners to make sure they are taking every necessary step to meet the security needs of your property to ensure the safety of your guests.

In April 2016, Guevara was killed shortly after asking the staff at the Chesapeake Motel in Hialeah Florida to help her after she was locked out of her room wearing only jeans and a bra. No help was given. Security video shows that Ronald Lopezandrade was also on the property that night. He was not a guest of the hotel but he was able to purchase alcohol, requested a prostitute, and made sexual advances on a hotel employee. Despite those red flags, he was never removed from the property. Eventually, the suspect met the victim, gained her trust, gave her his shirt, and walked her to the parking lot. They would disappear from view of the security camera. Police say Ronald Lopezandrade sexually assaulted Machado and then beat her to death.

Media Coverage

Every major TV affiliate and the two major newspapers in South Florida were among the news filed stories along with media outlets that covered (as of the date of this posting).

Miami Herald: http://www.miamiherald.com/news/local/community/miami-dade/hialeah/article188070239.html 

Nuevo Herald:

CBS Miami

 

 

ABC Miami

Telemundo Miami

Continue reading “South Florida Media Coverage of $12M Negligent Security Verdict”

$12 Million Negligent Security Wrongful Death Verdict,Press Conf. Today

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MEDIA CONFERENCE MONDAY 1:30PM- Security Video Provided

Local Family of Woman Beaten to Death During Sexual Assault Say Hotel Could Have Prevented Her Murder.

 Machado pleading for help from hotel staff of Yaimi Guevara Machado with father of Yaimi Guevara Machado

 

A Miami-Dade County Jury Agreed, Just Ordered Hotel to Pay Parents $12 Million.

 Hialeah, FL – Late Friday 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, the 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 (video/audio available). 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 (video/audio available)
  • fielded a request from the inebriated Andrade for help to find a prostitute (video/audio available)
  • did not kick Andrade off property when he sought sexual favors from a housekeeper

Machado’s parents, Julia Machado and Rafael Guevara, hope their successful lawsuit sends a message to budget motels to follow the best practices in the lodging industry to provide the security that will help prevent tragedies like these from destroying another family.

The Haggard Law Firm’s Christopher Marlowe and Jason Brenner were joined by co-counsel, Alexis Izquierdo , in litigating this case.

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.

Media Conference Details

Continue reading “$12 Million Negligent Security Wrongful Death Verdict,Press Conf. Today”

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