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/

A cargo ship located at Port Everglades was the site of a slip and fall accident recently when a woman fell on the top deck and had to be retrieved by ladder. According to reports, the woman was taken to the hospital with unknown injuries as a result of the accident and, while details about exactly what happened are sparse, the Miami area is no stranger to the dangers associated with slip and fall incidents on ships of all types.

Slippery Deck Hazards

With its vibrant shipping and cruising industries, shipboard activities can easily and quickly lead to injuries of all types and severity. What starts out as a romantic or fun-filled moonlight stroll on the deck can quickly become an emergency medical situation. Cruise ship decks are notoriously slippery surfaces and narrow or steep stairwells can present hazardous conditions for even the most seasoned cruise ship travelers. A simple slip and fall can result in serious injuries to the legs, arms, neck or back including bruises, cuts, sprains, or even fractures. When these accidents occur, who bears the blame?

Premises Liability

In Florida, the concept of premises liability is most often a part of any slip and fall case, whether on land or at sea. Under Florida Code Section 768.0755, a business is liable for any injuries suffered by people on the business premises if the business had knowledge – whether constructive or actual – of the dangerous condition that led to the accident and injury and should have done something about the condition. So in the case of a cruise ship slip and fall, the cruise line should know that there is always a chance that a deck will be slippery and it should take action to ensure that the conditions are addressed; if not, they can be held liable for the injuries caused as a result of the hazardous condition.

Constructive Versus Actual Knowledge

So what does it mean to have knowledge of a dangerous situation, in a premises liability context? And what is the difference between constructive and actual knowledge? Actual knowledge is exactly that – the business owner actually knows of the situation. Constructive knowledge, on the other hand, is a more elusive concept; basically, a business owner is said to have constructive knowledge of a dangerous condition if the evidence shows that either the condition existed for long enough that the business should have known of the condition or the condition was foreseeable because it happened regularly. In those scenarios, even if the business was not aware that the condition was actually present, they should have known it could have been.

Contact Us Today for Professional Representation

If you have been injured as a result of a slip and fall accident, you may be able to receive compensation for your injuries. It is important to speak with an attorney experienced in these types of matters who will be able to fully assess your case and determine the best way to proceed with holding the correct parties accountable for their actions – or inactions – that led to your injuries. The Miami attorneys at the office of Alan Goldfarb, P.A. are here to help. With our background of handling all types of personal injury matters, including slip and fall accidents such as yours, we have the experience you can trust. Contact us today and let us get started working towards getting you the compensation you are entitled to receive.

Resource:

wsvn.com/news/local/woman-hurt-after-falling-on-cargo-ship-at-port-everglades/