How Safe Is the Apartment You Want to Rent? Key Questions to Ask a Landlord Before Signing a Lease
A sense of security and safety for you and your family is key to making a house feel like a home.
Unfortunately, many landlords don’t provide, and in some cases aren’t legally required to share, crime and safety information to a potential tenant.
“Along with costs and amenities, tenants should be prepared to ask a variety of questions about safety measures before signing a lease and moving into a new apartment or home” says Michael Haggard. Haggard is the Managing Partner of The Haggard Law Firm (www.haggardlawfirm.com) which has made a mark successfully representing tenants who are injured or killed by someone committing a crime that could have been prevented if the landlord of the property where the crime occurs had taken proper security measures.
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.
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??
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.
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
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.
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!
According to media reports compiled by the USA Swimming Foundation, from Memorial Day through Labor Day 2017* at least 163 children younger than age 15 fatally drowned in swimming pools or spas. Of the 163 reports, 112 of the victims — nearly 70 percent — were children younger than age five. Florida led the nation in drowning deaths during this time period with 25. California was second with 16.
“Every year we see the same tragic statistics regarding pool drownings involving our children. Florida, as well as other warm weathered states, has too many of these horrible incidents” says Haggard Law Firm’s Douglas McCarron. The Haggard Law Firm has represented several families who have either lost or had a child who suffered life-altering injuries due to a drowning or near drowning. (Learn more about drowning/near-drowning cases, click here)
The FJA says the award is bestowed upon the attorney who sets the standard for the rest of us to aspire to achieve.
The Perry Nichols Award was created in 1977 in honor of the visionary who first brought Florida’s leading trial attorneys together to create the predecessor to today’s FJA. This Award is the most prestigious award given by our organization and is given to the attorney whose perseverance, commitment, and unmatched dedication to the civil justice system is at the forefront of their lives.
Haggard will receive the award during the Founder’s Day Luncheon during the FJA’s Master’s of Justice CLE Event October 4-6th in Sarasota Florida, more info
Congratulations to The Haggard Law Firm’s Managing Partner Michael Haggard who was named the recipient of the 2017 Perry Nichols Award.
The Perry Nichols Award was created in 1977 in honor of the visionary who first brought Florida’s leading trial attorneys together to create the Negligence and Compensation Lawyers of Florida, the predecessor to today’s Florida Justice Association. It is the most prestigious award given by our organization and is given to the attorney whose perseverance, commitment, and unmatched dedication to the civil justice system is at the forefront of their lives. The FJA says the award is bestowed upon the attorney who sets the standard for the rest of us to aspire to achieve.
When the market-leading information resource serving the security industry needs insight on how property owners and managers can avoid million dollar negligent security verdicts, it asks The Haggard Law Firm.
Haggard Law Firm Managing Partner Michael Haggard wrote an article for SourceSecurity.com titled: Securing Premises To Avoid Million Dollar Verdicts. In it, Haggard kays out the elements of negligence elaborate on risk-management practices and the importance of security as a responsibility.
Haggard Law has litigated more than 250 negligent security cases that have resulted in more than $300 million in verdicts and settlements for our clients.
Here is the article as it appeared on SourceSecurity.com:
