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.

Licensees and invitees

The Florida Bar Journal offers a comprehensive overview of the types of considerations present in premises liability actions. The predominant considerations surrounds the “kind” of property, and the classification of the visitor. If I own a home and I invite you over for dinner, you are seen as a “licensee” under the eyes of the law. In short, this means I have a legal obligation to tell you of any known hazards on my property. If the bathroom sink dispenses scalding hot water, or there are two steps missing on the back porch, I can be held liable for injuries caused by these hazards if I fail to tell you about them. Consequently, if I did not invite you over and you are trespassing on my land and fall into a hole, my legal responsibilities to you are very different.

A higher standard exists in places like restaurants, stores, and other places open to the public. Not only does a landowner or manager have an obligation to warn visitors of adverse conditions, but they have a continuing duty to inspect the premises for possible dangers. Where social visitors at a person’s home are called licensees, people coming to a store or public area are called “invitees.” People owe invitees a higher standard of care than they do to licensees.

For example, it is not enough for a grocery store employee to clean up a spill; they have to 1) post something to notify customers the floor is now wet and may be a hazard and 2) check throughout the day to ensure the premises is free of other spills or hazards that could potentially be harmful to customers. The idea of the increased duty of a store owner stems from the fact they hold themselves out to be a place for the public to frequent. The public is essentially always invited to come to their premises, and the owner then has a responsibility to those people who take advantage of the invitation.

What Do These Classifications Mean For Me?

If you or someone you know has been injured or killed on the property of another, the liability of the property owner, tenant, or manager may depend on whether there was a licensee or invitee relationship between the parties. Regardless, both classifications are designed to ensure that visitors have rights when present on another’s property. Our knowledgeable, experienced premises liability attorneys at the Miami offices of Alan Goldfarb P.A. can help you receive the compensation you deserve for your injuries. We are familiar with your rights and the responsibilities landowners owe to you, and will work hard to ensure the best possible outcome for your case. If you have questions about a potential premises liability lawsuit, please contact us today.