(877) 244-6420 - Call for a free consultation with a Florida Accident Attorney

Posts Tagged "violent"

Notice (Like This) Is Key Element In Florida Negligent Security Cases

Posted by on Nov 20, 2014 in Negligent Security, Uncategorized

I saw an interesting story on the WFTV.com website that I thought provided a good illustration of how the concept of “notice” works in a Florida negligent security case. The story (see the video below) is about the rash of increasingly violent crimes being committed against University of Central Florida (UCF) students at an apartment complex across Alafaya Trail from the school. “Notice” is a concept that actually protects property owners in a case like this one.  If an apartment complex has no knowledge of, or reason to suspect, that frequent and increasingly violent criminal activity is occurring, it would be very difficult to hold the complex liable for damages if a resident or guest was injured, or worse. However, as the WFTV story shows, this particular Orlando apartment complex now has little room to argue that it doesn’t know about the crimes.  The interesting thing now will be what the apartment complex chooses to do about it.  Does the complex just operate “business as usual”, or does the complex beef up security by hiring additional guards, installing surveillance video cameras, or at least warning residents and guests of the frequent criminal activity? If you have any questions regarding a Florida negligent security case, or if you have been victimized as a resident or guest of an Orlando apartment complex, call Winter Park negligent security attorneys Kim Cullen and Robert Hemphill at...

Read More »

89-Year Old Mauled By Pit Bull, May Now Face Insurance Nightmare

Posted by on May 31, 2013 in Dog Bites

89-Year Old Mauled By Pit Bull, May Now Face Insurance Nightmare

Although Betty Meitzler felt terrorized when she was attacked by her neighbor’s pit-bull in Geneva, Seminole County last week, she might get an even bigger shock if she tries to collect money for her damages from the dog owner’s insurance company. 89-year old Ms. Meitzler claims the dog’s attack was unprovoked. She hit the dog as hard as she could with her cane, but only the dog’s owner could pull the offending pit-bull off of Ms. Meitzler. Unfortunately, this dog will likely be euthanized because it was already labeled a “dangerous dog” due to at least one previously reported attack. Under Florida law, Ms. Meitzler would clearly have a claim for damages against the dog’s owner. However, actually collecting money may well be another matter. First, if the dog’s owner does not have homeowner’s insurance, and has no real assets, it might not be worth the victim’s time to pursue an injury claim. Second — and perhaps most worrying to me as a Florida dog bite attorney — even if the homeowner has insurance, this kind of attack might not be covered. Several insurance carriers now write homeowners policies that include exclusions for dog bites, or exclusions for dog bites caused by certain breeds of dogs. Can you guess which breed of dog is almost always on these lists? That’s right — pit-bulls. In this instance, we are going to keep our fingers crossed that the owner of this pit-bull carried quality homeowner’s coverage, and that there is no dog bite exclusion of any kind that will apply to Ms. Meitzler. If you have any questions regarding a Florida dog bite attack, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

Read More »

What Is Constructive Notice In An Orlando Negligent Security Case?

Posted by on Jan 21, 2013 in Negligent Security

The Orlando Sentinel recently ran a story that I struck me as particularly instructive regarding Florida law as it applied to negligent security cases. The story involved the tragic death of one person, and significant injury to another, following a shooting at the NorthBridge apartment complex near the Mall at Millenia in Orlando. According to the report, law enforcement officials are not releasing the names of the victims at this time. The interesting thing to me, as an Orlando negligent security lawyer, was the second part of the Sentinel story, where the writer, Susan Jacobson, referenced another recent shooting in the same area around the Mall at Millenia. That shooting occurred at the Villages on Millenia, and involved another tragic, fatal shooting. One of the big challenges we face when we handle a Florida negligent security case is the issue of constructive notice. Constructive notice is the legal theory that can be used to hold a defendant accountable for information that the defendant “should have known” if the defendant has used reasonable care. Defendants in negligent security cases almost always argue that there is no way that they could have known that a violent act was going to happen to a victim on their premises. Constructive notice allows us to utilize data and other information regarding violent crimes and other activity in a certain geographic area to argue that a business owner in a particular instance should have anticipated a bad act and provided security against it. The news article referenced above, and that fact that there have been two fatal shootings in apartments near the Mall at Millenia in less than one month should move every apartment complex in that area into ACTION — beefing up security measures in every aspect of operations, in order to keep residents and guests safe from the kinds of crimes that are – now, very obviously — going on in that...

Read More »