Florida injury lawsuit

South Florida Negligent Security Claim Targets Store, Storage Unit Owner

January 30, 2022 | by David J. Halberg, Esq.

South Florida negligent security lawsuits involve allegations that a property owner failed to use reasonable care to protect lawful guests from foreseeable harms – including crimes committed by third parties. The occurrence of a criminal act resulting in injury on its own doesn’t open the door to a civil lawsuit against the property owner. Some very specific boxes need to be checked to proceed with this type of premises liability claim. Palm Beach negligent security lawyer

One recently-filed negligent security claim accuses a store and storage unit of failing to protect a South Florida surgeon who was kidnapped, beaten and threatened with death by two attackers.

According to the civil complaint, the incident occurred three years ago. His kidnappers, armed with guns and tasers, accosted him at a Hallandale Beach store parking lot, stunned him with a taser and then threw him into the rear of a cargo van before driving him to a local storage unit. There, he later told law enforcement, he was bound to a rolling chair and burned with metal cutters heated by blow torches, slapped, punched, threatened, coerced into giving his home access code and forced to drink alcohol until he passed out. The motive, authorities say, was robbery. The two assailants dumped him – tied up – in the back seat of his car early the next morning. That’s where police found him.

One of the men was sentenced to 11 years in prison after pleading guilty to federal kidnapping and conspiracy charges. The other, whose estranged wife was a patient of the doctor’s, was extradited from Spain and convicted last month on the same charges as the other. He faces a possible sentence of life in prison.

But as our South Florida negligent security attorneys can explain, that’s not the end of the ordeal. Entirely separate from the criminal proceedings is the civil case, which alleges both the store and the storage unit failed in their legal duty to take reasonably prudent measures to protect people on their respective properties. Plaintiff asserted both businesses had a history of prior violent crimes on site and failed to take adequate measures to keep people safe. Continue reading

West Palm Beach Injury Lawyers Talk Top 4 Florida Injury Lawsuit Myths

September 19, 2020 | by David J. Halberg, Esq.

People are hurt every day in Florida in all different kinds of accidents. For example, there are nearly 700 people are injured in Florida car crashes every day. An average of 1.2 boating accident injuries occur in Florida daily. Nationally, there are approximately 30 million injuries every year due to unsafe consumer products. These are just a few examples, but despite the commonality, there remains a great deal of misunderstanding about personal injury claims. West Palm Beach injury lawyers

Our West Palm Beach injury lawyers are writing today to help clear up some Florida injury lawsuit myths. Continue reading

5 Things to Know Before Filing a Florida Injury Lawsuit

August 5, 2020 | by David J. Halberg, Esq.

Most people who file a Florida injury lawsuit are brand new to the process. They may have never given the notion a second thought – until something happened to them. Our West Palm Beach injury lawyers understand the prospect can feel overwhelming. Our goal as trusted civil trial lawyers is not only to fight for a fair resolution to your claim, but also to guide you through every step as painlessly as possible.

Although every civil injury lawsuit is different, there are a few frequently asked questions and common issues that arise early on.

Here, we’re offering the first five things to know before filing a Florida injury lawsuit. Continue reading

Enforceability of Florida Liability Waiver a Likely Issue in Child Zipline Injury Lawsuit

November 6, 2019 | by David J. Halberg, Esq.

A 10-year-old boy suffered a serious brain injury, punctured lung and broken ribs after falling off a zipline attraction at a Florida trampoline park. The Tampa Bay Times reported at least three park employees failed to check the child’s harness before the start of the ride. When the boy lost his grip on the front ropes, he plummeted some 25 feet onto a concrete surface. He had to be airlifted to Tampa General Hospital, spending five days undergoing numerous surgeries. Florida liability waiver

Now, the boy’s mother is suing the trampoline park and the former employees who were responsible for overseeing the ride from which her son fell. The boy’s mother said she had an expectation her son would be reasonably safe because employees would do their jobs.

This trampoline park, like many hundreds of others that exist throughout the state, requires patrons (or parents of minor patrons) to sign a waiver of liability agreeing not to sue the business if they are hurt. Furthermore, safety warnings are posted on the company’s website, with one notice in bold lettering indicating that “Trampolining is an action/extreme sport and is an inherently dangerous risk. Jump at your own risk and within your own ability.”

Will this be enough to protect the company from liability in a case like this? Continue reading