In addition to naming the dog’s owner in the lawsuit, the plaintiffs have also named to the airport for having a pets policy that allowed potentially dangerous pets to attack others. If the event occurred the way the plaintiff alleges it did, the suit against the defendant is pretty good. But Oregon’s dog bite rule isn’t the same as Florida’s. In Florida, owners have strict liability. If a dog bites another individual without being provoked, the injured party can collect damages. Oregon has a one bite rule that may prevent the plaintiff from collecting anything.

Understanding Strict Liability in Dog Bite Cases

According to Florida’s dog bite statute, the owner of a dog who attacks another person is liable regardless of whether or not the owner knew that the dog was potentially dangerous. In other states, a plaintiff must prove negligence but in Florida, dog owners have strict liability. This means that a plaintiff does not need to prove negligence, only that the dog bite occurred and that they had a right to be where they were.

On the other hand, the owner who had the dog claimed that the dog was an “emotional support animal”. Unlike legitimate service animals, emotional support animals do not require any specific training to be considered as such. Generally, psychiatrists or therapists are required to sign off on the animal as an emotional support pet but they serve no purpose other than companionship.

Serve animals, on the other hand, serve a specific function. They are trained to respond to their owner’s needs and provide them with a specific service. While not all service animals are seeing eye dogs, seeing eye dogs are the most common form of service animal. Service animals can also be trained to recognize the signs of a seizure or provide psychiatric services to those who harm themselves.

The Lawsuit against the Airport

Under the theory of negligent security, the plaintiffs are alleging their policy of allowing almost any dog into the airport without a crate, created a serious danger to those in the airport. The owner has since been cited by the airport for not putting the dog in a crate.

Whether or not the plaintiffs will be able to hold the airport accountable depends on whether their hands-off policy when it comes to animals in their airport contributed significantly to even that injured the young girl. According to reports, airport personnel may only ask dog owners if their animals are legitimate service or emotional support animals and they must accept the answer without requiring further proof.

Talk to a Miami Dog Bite Injury Attorney

If you’ve been injured by a vicious dog, the Miami attorneys at the office of Alan Goldfarb P.A. can help you recover damages. Give us a call and we can begin discussing your case.

Resource:

thehill.com/blogs/blog-briefing-room/news/432035-woman-files-lawsuit-after-emotional-support-dog-attacks-her-5

Is this just such a lawsuit? Are the politicians right?

A lawsuit like this falls under the tort theory of negligent security. Negligent security is when a proprietor or event planner fails to provide the necessary security required to keep their patrons safe. The plaintiffs, in this case, are alleging that both the event host and EA Sports are negligent for allowing the fatal shooting to happen. Had they provided adequate security, there may have been some means to stop the tragedy.

Breaking Down the Claim

The shooting took place at the Jacksonville Landing mall. According to reports, a fire marshall had shut down the business that hosted the event, Chicago Pizza, for fire code violations. In addition, the game room where the event took place was also in violation of fire codes as it had video games that were blocking exits. The plaintiffs will argue that this contributed to the death toll and the sense of panic surrounding the incident. Whether or not unblocked fire exits would have made a difference is purely speculation.

The mall itself has come under fire as well as the center of a number of violent crimes. The plaintiffs will argue that some type of violent crime was foreseeable and that adequate security could have prevented the incident from occurring.

The question then becomes: What was EA’s part to play in all of this. What we know if that EA allowed the event to be held at a dangerous venue. In addition, the company pledged $1 million dollars to the victims and canceled other Madden tournaments. But ultimately, are they responsible?

The Duty of Care

Fundamentally, this is a premises liability lawsuit. In premises liability lawsuits, establishing a duty of care is the most difficult part for the plaintiff. A plaintiff must be able to show that the owner/operator of the venue either knew about a potential danger or should have known about the potential danger. Where there is little question that the mall could have prevented the tragedy with better security, what should EA Sports have done?

In order to prove that EA Sports should be held liable for the injuries and lives lost at the event, the plaintiffs must establish that EA owed a duty of care to those who were attending the Madden tournament. It may seem like a stretch, but if the plaintiffs can dredge up some proof that there were similar altercations at other events, then they may be able to prove their case. The question comes down to foreseeability.

Contact a Miami Personal Injury Attorney Today

If you’ve sustained injuries due to someone else’s negligence, give Alan Goldfarb P.A. a call or contact us online for a free consultation in our Miami office. We are eager to assist you with your case.

Resource:

www.engadget.com/2018/08/31/madden-shooting-jacksonville-survivor-sues-ea-venue/

One of the bullets fractured his hip while the other virtually destroyed his kidney. Other bullets had perforated his large intestine and required extensive surgery. The fact that Gore survived at all was a miracle.

Gore’s attorneys were successfully able to argue that due in large part to the layout of the apartment complex, it would have been very easy to secure. They further argued that the defendant had a duty to secure the safety of tenants at the apartment complex and that the apartment complex was negligent for not adequately protecting its tenants in what is largely regarded as a high crime area.

In response, attorneys for the apartment complex settled the personal injury lawsuit for $3 million.

Elements of this Personal Injury Lawsuit

In a premises liability lawsuit, a plaintiff must be able to prove negligence. In other words, the plaintiff must prove that the premises’ owner or management failed to act in accord with a basic standard for securing the safety of those who frequent the premises. In addition, an attorney must show that the owner or management of the premises owed the injured party a standard of care. They must finally show that by breaching this standard the plaintiff suffered injuries.

The major point of contention in a lawsuit such as this is establishing that the defendant owed the plaintiff a standard of care that was breached. In premises liability tort, this is known as security negligence. The plaintiff brought several witnesses who complained that the apartment complex offered extremely lax security. Several witnesses attested to the fact that doors entering the apartment complex were easily accessible to criminals. In many cases, doors were left open.

The defense countered that this was a robbery that had gone bad and blamed the injuries on Gore’s negligence. Nonetheless, they settled the lawsuit.

After undergoing several extensive surgeries, Gore continues to have difficulty walking and lives with daily pain. This will make it difficult for him to enjoy the kinds of sports he once enjoyed.

Have You Been Injured by Another Party’s Negligence?

If so, the attorneys at the office of Alan Goldfarb, P.A. of Miami can help get you the justice that you deserve. Give us a call at (305) 371-3111 or contact us online, and we will begin preparing your case immediately.

Resource:

law.com/dailybusinessreview/2018/06/18/miami-lawyers-negotiate-3-million-settlement-for-visitor-shot-at-apartment-complex/

When The Home Isn’t Safe

One of the most important jobs a landlord has is making sure that they keep the building and the grounds safe for their residents. This includes maintaining the front gate, the locks on the doors, and whatever other security systems are in place. If one of these things falls by the wayside, any number of horrible incidents could happen. Sometimes the worst case scenario could even happen. It did in Florida in 2005.

Clara and Chauncey Sanders lived in the Gatehouse on the Green Apartments in 2005. Chauncey was in his senior year of high school while Clara was taking care of her three month old son and in school to be an architect. One day in September, an intruder came into the complex, went to the siblings’ apartment, and shot and killed them. It was later learned that the entrance gate to the complex was broken for about four months. Suspiciously, the gate was fixed the very next day.

The family of the siblings sued the owner of the apartments, claiming negligent security was the cause of their deaths. Unfortunately, the case is ongoing, 11 years later. There have been multiple motions, jury decisions, and new lawyers over the years, and the family has been awarded damages only to have them taken away or put on hold. Most recently, in 2015, the family celebrated a jury award in the Florida Supreme Court. The jury found they were entitled to $1.8 million. However, on June 28, the Fourth District granted the owner of the apartment’s motion for a rehearing, and now the case is set to continue until September. This comes at a terrible time, as it seemed that the 11-year-old case was finally coming to an end. Despite evidence that would seem to point to negligent security, the family will have to wait a while longer before they get an answer, and can finally begin to put this behind them.

Contact Us for Help

As tragic as the occurrences are, they do happen. There are many small things that could go wrong, or be left not taken care of, that could lead to someone getting into your home or apartment. If something is stolen from you, your home is broken into, or someone is injured by an intruder, Contact us at the office of Alan Goldfarb, P.A. in Miami. Our attorneys will help you figure out what your options are, whether it is filing suit against your landlord for negligent security or filing against the person who committed the offense. Either way, we will help you take your next steps.

How Much Security is Required?

The level of security required will depend on the unique circumstances of each case. Some places that may require a certain level of security for the benefit of their patrons include:

–       Malls;

–       Restaurants;

–       Bars;

–       Parking lots;

–       Hotels;

–       Parking structures/ramps; and

–       Apartment/shared living complexes.

Each of these entities holds itself out to offer services to patrons. The entity has a legal duty to ensure the reasonable safety of the patrons while they are on the premises. “Reasonableness” is a legal term of art that changes dependent on the circumstances of each case. The amount of security required at an apartment complex in a bad neighborhood, for example, may differ significantly from the amount and type of security required in a nicer neighborhood that has more sufficient surrounding lighting.

Owners and managers of shared living spaces such as apartments have an obligation to ensure that they are adequately monitoring the premises, deterring outsiders, and keeping up with repairs and general maintenance and safety concerns. Failure to do so may lead to liability on behalf of the ownership, as exemplified by a recent Florida case where an apartment complex failed to secure residents due to a faulty gate, which led to the death of two young adults.

Bars are also another type of premises that require a particular level of security, given the nature of the services provided. With alcohol playing a role, the amount of security needed to keep patrons safe inside, keep those who are too intoxicated outside, and to keep amicable relationships between intoxicated persons, a high level of security may be required. Does the bar cater to a college crowd? Or is it more of a lounge that caters to an after-hours business meeting type of crowd? The answers to these questions will help determine what level of security is considered “reasonable” in these contexts.

Negligent Security Premises Liability Attorneys

Regardless of whether you are at your own home, a bar, a restaurant, or a supermarket, the owners and managers of these premises have an obligation to keep you safe. This is a legal duty that, if breached, can lead to liability. If you have been injured in a public place due to a lack of security or inadequate security, you may be entitled to compensation to assist with your medical bills, pain and suffering, and work you missed due to your associated injury. At Alan Goldfarb, P.A., our knowledgeable Miami-based premises liability attorneys know how to navigate these legal claims to ensure the best possible outcome for our clients. If you have questions about your legal rights, contact our Miami, Florida office today.