Resort Injury Lawyer Blog

The Miami Beach shooting incident during Memorial Day weekend has changed the 'foreseeability' factor for resort crimes in the area.

Most negligent security cases turn on the issue of foreseeability: Was the incident reasonably foreseeable by the owner or business?

One of the tools used to analyze foreseeability is the crime grid, which has been held admissible at trial, and involves obtaining from a police agency a record of the service calls for the area around the address of an incident.

In some states, the "prior similar" rule applies where a similar act must have occurred on the premises in the past for the subject to be foreseeable crime. In Florida, the courts look at the "totality of the circumstances" and evidence of prior crimes that occurred off the premises is relevant; a prior crime on the property is not necessary to prove foreseeability.

With one tourist allegedly shot while running back into her hotel, and a total of 1 death and 7 injuries in an area chock-full of touristy hotels and restaurants, businesses on South Beach should consider how the crime grid factor might affect them, as the debate continues about ending the annual revenue-boosting Urban Beach Week.

An attempted robbery on the Deerfield Country Club golf course has left a golfer dead. The Sun Sentinel reported that Lataurus Randall, a 35-year-old man, was playing golf with Melvin Philpart near the 17th hole around 6:30 p.m. when two masked man stepped out of the bushes and attempted to rob them. Mr. Randall was shot in the back. Mr. Philpart was not injured. Mr. Randall was rushed to North Broward Medical Center by Deerfield Beach Fire Rescue but died Friday morning.

A golf course expert was quoted in the Sentinel article saying that most carts and golfers are not on the course that late in the dark. But this was not the first shooting at a South Florida golf club, according to the article. In 2009, a man shot at a golfer and nearby homes of the Killian Greens Golf Club. In 2006, a shop employee at the Forest Oaks Golf Club in Palm Beach County was shot while closing the store. And in 1998, a 65-year-old man was shot and killed on the 16th hole of the Bayshore Golf Course in Miami Beach during a robbery attempt.

Deerfield resident Marc Cohen states in the article: "It is chilling. You never think something like this would happen here. This is where you go to relax, not get robbed." Resort Torts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. They can encompass a vast array of types of cases but they all have one thing in common: Tourists, business travelers and locals alike are all exposed to risk while traveling, vacationing or engaging in resort or pleasure activities, particularly because they are focused on relaxing and enjoying their leisure activities and pleasant surroundings.

Negligent premises security is a serious matter and is sometimes a factor in incidents that occur at resort and recreational facilities including hotels, amusement parks, nightclubs, casinos, etc. Negligent security and safety measures can give way to injuries, criminal acts and violent attacks. Key areas of potential premises liability include:
• Perimeter control, or limiting access to a property through fencing, landscaping or other means (CPTED or "crime prevention through environmental design");
• Lighting, which may have been inadequate at the start or poorly maintained after installation;
• Security equipment, including access control, locking mechanisms and closed circuit television;
• A lack of security staff, or security personnel, who may not have been properly trained, or who took inappropriate action in a violent crime situation.

For information on Litigating Premises Security Cases, click here.

The city of West Palm Beach is attempting to ward off drunken violence in its entertainment district, with a nine-month ban of new nightclub applications downtown. The Sun Sentinel called it a preemptive strike on what the city believes could be "a binge of booze and violence in the entertainment district". The Sentinel reports that the moratorium will run until September 2011 if passed in a second and final vote during an upcoming city commission meeting.

The ban is an addition to the ordinance passed in 2004 that allowed no more than two nightclubs or bars on each block of Clematis Street, described at the time by Mayor Lois Frankel as a haven of nighttime violence, which she attributed to a booming nightclub scene. That ordinance did not address the rest of downtown West Palm Beach. Frankel recently suggested the ban on all new downtown applications while the city considers new zoning regulations. The Sentinel reported that City Commissioner Bill Moss said there has been difficulty with police calls in several south end nightclubs.

Fort Lauderdale, Davie and Miami Beach are among the South Florida cities that have seen fatal nightclub violence in recent months. One man was killed and five people were injured during two separate shooting incidents at night clubs in Fort Lauderdale and Davie, Florida. In Miami Beach, a pistol was slipped into a nightclub and used by a gang member to kill a young man thought to be the leader of a rival gang.

Inadequate security and premises liability lawsuits can unfold from violent crime in resort and recreational areas, including nightclubs. Premises liability may result from negligent security, inadequate security personnel, insufficient lighting, inadequate security equipment, or other causes. In negligent security cases, the plaintiff who has been injured due to a criminal act brings an action against the owner or manager of the premises or business. Those who are in control or in a position to prevent the incident where the plaintiff was injured are the parties who are most often defendants. The law governing these cases is derived from the general principle that those who own or possess property have a duty to protect users from accidental, negligent, and intentional acts of third parties.

Long Island shooting at nightclub Halloween Party - The Dream Night Club in the Hamptons hosted a Halloween party Friday night, when someone dressed like the bank robbers in the film "Dead Presidents" reportedly shot two men during a fight.

New York shooting at hotel Halloween Party - A man was shot at a hotel Halloween party Saturday night. The party reportedly 'got out of control' at a Residence Inn in Henrietta, NY, and a man was shot in the leg. The incident is still under investigation.

Atlanta shooting at Nightclub Halloween Party - In Atlanta, four people were shot at a nightclub's Halloween party Saturday night. Two of the victims are in critical condition and two are in stable condition. The shots were reportedly fired from outside the club and bullets penetrated the club's walls and windows.

When crimes occur in hotels, motels, nightclubs, restaurants, or other places of public entertainment, premises liability can come into play in incidents involving assaults due to negligent security or insufficient lighting.

Key areas of potential premises liability include:
• Perimeter control, or limiting access to a property through fencing, landscaping or other means (CPTED or "crime prevention through environmental design");
• Lighting, which may have been inadequate at the start or poorly maintained after installation;
• Security equipment, including access control, locking mechanisms and closed circuit television;
• A lack of security staff, or security personnel, who may not have been properly trained, or who took inappropriate action in a violent crime situation.

John Elliott Leighton will present a seminar on Negligent Premises Security Litigation in Miami on Nov. 4 and in Orlando on Nov. 11. Mr. Leighton is the author of the two-volume treatise, Litigating Premises Security Cases (Thomson-West), the most comprehensive national text on handling and trying premises security cases. Mr. Leighton is managing partner ofLeighton Law, P.A. His practice is focused on the representation of severely injured victims, primarily due to the failure to maintain reasonable or adequate security at commercial premises, Resort TortsTM, medical malpractice and consumer product liability.

The Florida Department of Law Enforcement released crime figures for the first six months of 2010 compared with last year, showing an overall drop in major crimes in Florida. A total of 19,000 less violent crimes were committed. Overall crime is down 4.8%, whereas total violent crime (murder, forcible sex offenses, robbery and aggravated assault) is down by 10.7%. Total non-violent crime (burglary, larceny and motor vehicle theft) declined 3.8 percent.

However, the murder rate was up 3.6% and there was a 5.8 percent increase in domestic violence murder.

The Sun Sentinel reported that while the murder rate also rose in Palm Beach County compared to last year, the area saw a decline in other crimes. An official at the Palm Beach County Sheriff's Office Violent Crimes Division attributed some of the crime drop to progress they've made curbing gang crimes and robberies, in part through cooperation with patrol officers and other police agencies. The County's increase in violent robberies was attributed to the slow economy, which typically means more desperation, boldness and brazenness.

Travelers and tourists should be aware that when crimes occur in hotels or motels, premises liability can come into play in incidents involving assaults due to negligent security or insufficient lighting, dangerous products, pool and spa tragedies, transportation negligence (plane, car, bus, or taxi crashes), boating accidents, and many others.

Key areas of potential hotel/motel liability include:
• Perimeter control, or limiting access to a property through fencing, landscaping or other means (CPTED or "crime prevention through environmental design");
• Lighting, which may have been inadequate at the start or poorly maintained after installation;
• Security equipment, including access control, locking mechanisms and closed circuit television;
• A lack of security staff, or security personnel, who may not have been properly trained, or who took inappropriate action in a violent crime situation.

A SEMINAR on INADEQUATE PREMISES SECURITY LITIGATION IN FLORIDA

>> Miami: November 4, 8:30am - 12:30pm
>> Orlando: November 11, 8:30am - 12:30pm

NO CHARGE for breakfast or 3.50 general credits including .50 ethics

TOPIC: Strategies and tactics in investigating, litigating and trying premises security cases; case law, relevant statutes, codes and ordinances.

The seminar will be presented by John Elliott Leighton - author of the two-volume treatise, Litigating Premises Security Cases (Thomson-West, 2006), the most comprehensive national text on handling and trying premises security cases. Mr. Leighton is managing partner of Leighton Law, P.A. His practice is focused on the representation of severely injured victims, primarily due to the failure to maintain reasonable or adequate security at commercial premises, Resort TortsTM, medical malpractice and consumer product liability.

Mr. Leighton is Chairman of the American Association for Justice (formerly Association of Trial Lawyers of America) Inadequate Security Litigation Group, past Chairman of ATLA's Motor Vehicle, Highway and Premises Liability Section, and a nationally recognized authority on inadequate security litigation. He is Chairman of The Academy of Trial Advocacy, a national invitation-only association of the nation's leading catastrophic injury trial lawyers. He is listed in "The Best Lawyers in America," Florida Trend Legal Elite's "Best Lawyers in Florida," and has been selected as a Florida SuperLawyer™ and South Florida Legal Guide "Top Lawyer."

One man was killed and five people were injured during two separate shooting incidents at night clubs in Fort Lauderdale and Davie, Florida. The Miami Herald reported that a graffiti and tattoo artist was killed on his 21st birthday early Wednesday in the parking lot outside Club Eden, a popular Davie strip club, when he was run over by a man in a white Cadillac Escalade, following a fight. In Fort Lauderdale, before dawn Friday, a shooting in the parking lot of a club left at least five people injured, most hospitalized and at least one undergoing surgery, reported the Herald. Multiple shots were fired following a brawl between two groups of young people outside the club.

Negligent security cases generally involve an injury to an individual as a result of a criminal assault or robbery on a commercial premises. These frequently occur at malls, shopping centers, hotels, motels, office buildings, schools parking lots, or parking garages. In most negligent security cases, the plaintiff who has been injured due to a criminal act brings an action against the owner, manager and/or occupier of the premises. These are the entities that are in control of the location where the plaintiff was injured.

A duty is imposed on the owner/manager/occupier to take reasonable measures where such criminal acts are foreseeable. The Restatement (2d) of Torts §344 provides that landowners are liable for failing to exercise reasonable care to (a) discover that such acts are being done, or (b) give adequate warning so visitors can avoid the harm. There is usually no duty unless the owner/occupier knows or has reason to know of the acts of third persons.

Types of Negligent Security Cases include:
• Inadequate security
• Inadequate lighting
• Inadequate security mechanisms, procedures, facility design
• Conduct of security providers
• Hiring/Retention
• Inadequate key control (hotels/motels/apartments)
• Inadequate supervision (children, incompetents)

"Litigating Premises Security Cases" (AAJ Press) is a two-volume publication covering all aspects of a premises security case, helping plaintiff attorneys achieve full compensation for innocent victims injured when business proprietors and property owners fail to protect them against foreseeable crime. The practice guide provides a detailed road map and complete resources for handling these cases from the moment the client walks in the door through successful settlement or verdict. Its complete methodology provides all the resources needed to win a premises security case, including expert legal analysis to help determine and prove a liability case and establish foreseeability of criminal conduct.

Miami Beach Police Chief Carlos Noriega said that Miami Beach's Heathrow Lounge, located in the bustling nightlife area on popular Washington Ave., had security measures in place but "something slipped through the cracks," The Miami Herald reported today.

That "something" was a pistol, carried into the nightclub and used by a gang member to kill a young man thought to be the leader of a rival gang. "We're not going to tolerate any gang activity here," said Noriega.

Violent crime is no stranger to Miami Beach - in the last month, a couple was robbed at gunpoint in their hotel room on Collins Avenue, and a Russian prostitution situation led to a fatal shooting at a popular Resort & Spa. In all three situations, it seems that innocent bystanders were fortunately not harmed.

But with murder weapons entering tourist and entertainment premises on a regular basis, that might not always be the case. Inadequate security and premises liability lawsuits usually involve criminal assaults and violent crime due to negligent security, insufficient lighting, inadequate security equipment, inadequate security personnel, or other causes. In negligent security cases, the plaintiff who has been injured due to a criminal act brings an action against the owner or manager of the premises or business. Those who are in control or in a position to prevent the incident where the plaintiff was injured are the parties who are most often defendants. The law governing these cases is derived from the general principle that those who own or possess property have a duty to protect users from accidental, negligent, and intentional acts of third parties.

The Miami Herald reports that the Miami Beach Budget Advisory Committee has voted: Officials should consider placing surveillance cameras in the city's hot spot entertainment areas as a crime deterrent and a way to reduce police costs.

The new surveillance cameras would be installed in public areas to capture activity in tourist areas on tape - an invasion of privacy and a step towards 'Big Brother,' according to Mayor Matti Herrera Bower. "I don't know that in a tourist area people would love to have cameras watching what they do," she said.

But 35% of calls to Miami Beach police come from the entertainment district and, just last month, Miami Beach commissioners approved the installation of a $225,000 security and surveillance system including 16 cameras for the new Lincoln Park. "Cameras make people feel safe," Police Chief Carlos Noriega said.

The first of 30 cameras at Miami Beach intersections have already been installed. Meant to videotape cars that run red lights, they also stream 24-hour video that could capture other criminal acts.

In 2006, Miami installed surveillance cameras in the downtown area. Broward, Lighthouse Point, Hallandale, Fort Lauderdale and Dania Beach also have cameras for surveillance purposes.

All 1,000 guests at one of Miami Beach's most popular hotels were evacuated Saturday night after a deadly shooting at the Resort and Spa. Guests at a wedding party underway on the top floor of the hotel were among the evacuees, as was Prime Minister of Belize Dean Darrow, who was in the midst of a dinner speech and was accompanied by his own security team, reported NBC News.

Police have not released details of the incident, however both NBC and CBS4 reported details from various sources: Allegedly some men hired prostitutes after checking into the hotel but were also visited by a pimp who shot and killed one of them. The pimp and prostitutes allegedly escaped. Anyone with information about the shooting is asked to call Miami-Dade Crime Stoppers at (305) 471-TIPS.

Inadequate security and premises liability lawsuits usually involve criminal assaults and violent crime due to negligent security, insufficient lighting, inadequate security equipment, inadequate security personnel, or other causes. In negligent security cases, the plaintiff who has been injured due to a criminal act brings an action against the owner or manager of the premises or business. Those who are in control or in a position to prevent the incident where the plaintiff was injured are the parties who are most often defendants. The law governing these cases is derived from the general principle that those who own or possess property have a duty to protect users from accidental, negligent, and intentional acts of third parties.

Continue reading "Miami Beach Resort Crime - Deadly Shooting" »

According to a study by Liability Consultants Inc., the average settlement in a rape security case is $600,000, and the average verdict in the same type of case is $1.75 million. The average verdict in an assault in a hotel or motel is $254,850, with 25% totaling $1 million or more.

The National Center for Victims of Crime is the nation's leading resource and advocacy organization for crime victims and those who serve them. The National Center has worked with grassroots organizations and criminal justice agencies throughout the United States serving millions of crime victims. The Center works to make sure all crime victims get the assistance and information they need, and provides GetHelp bulletins containing information on a wide range of topics, including the impact of crime, victims' rights, and the criminal and civil justice processes. The bulletins also include resources for victims, their families, and friends. The Center can be reached Monday - Friday, 8:30 am-8:30 pm ET at 1-800-FYI-CALL (1-800-394-2255).

The National Crime Victim Bar Association is a network of attorneys and allied professionals dedicated to facilitating civil actions brought by crime victims. Crime victims may be able to file civil lawsuits against perpetrators and responsible third parties for the damages the victims suffered as a result of the crime. Personal injury attorney John Elliott Leighton serves on the Advisory Board of the National Crime Victim Bar Association.

Continue reading "The National Center for Victims of Crime & National Crime Victim Bar Association" »

In April of this year, the Orange County Sheriff's Office announced a Tourist Oriented Policing Squad (TOPS) consisting of 10 deputies specifically trained to handle safety issues related to tourism. The announcement came one week prior to the release of 2009 crime statistics for the state of Florida, which showed a 7% drop in crime.

The statistics were generated for the 2009 Annual Uniform Crime Report, which includes offenses reported by 409 of 415 local, county and state law-enforcement agencies throughout the state. The Florida Department of Law Enforcement released the information, claiming 60,000 fewer crimes than in 2008 and a 39-year low after years of record-breaking violence.

The Orlando Sentinel reported that the drop in crime is good news for Central Florida's tourism industry, and quoted the president of the Central Florida Hotel & Lodging Association, who stated: "It will support our worldwide reputation as being a safe destination." But tourists and residents alike should not let their guards down just yet. While the numbers are encouraging, they also show more than 32,800 violent crimes committed in the state of Florida in 2009.

Travelers should be aware that when crimes occur in hotels or motels, premises liability can come into play in incidents involving assaults due to negligent security or insufficient lighting, dangerous products, pool and spa tragedies, transportation negligence (plane, car, bus, or taxi crashes), boating accidents, and many others. Key areas of potential hotel/motel liability include:

Continue reading "Latest Florida Crime Statistics & Hotel / Motel Liability" »