Articles Tagged with “inadequate premises security”

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Almost 31,000 people end up in the emergency room from injuries suffered at amusement parks and theme parks. Many are minor, some are catastrophic.  But one thing they have in common…no federal regulation.

The federal Consumer Product Safety Commission only oversees mobile amusements such as carnivals.  That means that fixed-site or permanent amusements (like Disney, Six Flags, Busch Gardens, Universal) are inspected or regulated by the states, if they so choose.  And in any manner the state chooses.

With the pull back of safety regulations by the government, it is expected that there will be more incidents causing more injuries.  Summer is the most active time at amusement parks, filled with out-of-school children and vacationers trying to take in some fun.  Many states regulate and inspect amusement parks, but at least six (Alabama, Mississippi, Montana, Nevada, Wyoming, and Utah) have no regulation at all. And in one case in Texas, operator Six Flags was in charge of investigating its own accident which caused the death of a woman.

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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.

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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.

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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.
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