Articles Posted in Premises Liability

Published on:

negligent-securityAccording to the statistics of the Florida Department of Law Enforcement, from 2013 to 2014, the crime rate in the State of Florida has decreased 3.6%. This is the most recent official statistic. However, crime still exists and anyone can be a victim of it. In Florida, cases where one is bringing a lawsuit against a business after they’ve been assaulted by a third party are often referred to as “negligent security” cases. This is a type of premises liability dealing with civil redress for crimes and violent acts. Here, the victims hold the owner or tenant of the property where a criminal injury is inflicted liable because of inadequate security measures or negligent selection/retention of security personnel.

For example, you are a guest in a hotel. You parked your car in the hotel garage or parking lot. In the middle of the night, you realize you forgot something in your car, and while you are getting such item, someone assaults you, stealing your car and leaving you unconscious near death. Your family wants to find out who did this to you, but when they go to the hotel “security manager”, they face the awful truth that the hotel did not have security cameras installed in the parking lot.

If this was yours or a loved one’s case, here are our recommendations of the steps you should take following this awful incident.

Continue reading

Published on:

 

LogoJonathan Friedland and his team have done it again! After extensive litigation, and right before the parties were set for trial and about to select a jury, The Friedland | Carmona accomplished a major settlement that will allow the victim and her family to live comfortably for the remainder of her life, as well as secured admission of liability from the negligent supermarket.

Here, a woman slipped and fell in a major supermarket due to a liquid substance spilled on one of its aisles. As a result of the accident, the victim sustained a patella fracture and had to be submitted to two surgeries, including an Open Reduction and Internal Fixation (ORIF) surgery. Moreover, the victim loss three months of work and now has degenerative arthritis.

Continue reading

Published on:

After nearly a year and a half of litigation, parties to the case of Estate of Nelson v. Graystar Management have settled outside of court for an award of 1.5 million dollar award to the family of a deceased Marine.  The victim, David Nelson, had survived two tours of combat in both Iraq and Afghanistan, only to die just feet outside of his apartment while collecting the mail.  Nelson was shot by one of his neighbors, Jaime Vogel, who later committed suicide in prison, leaving investigators baffled as to his motives for the crime.

The shooter, Vogel, was not listed at the apartment, and it was instead listed in his son’s name.  He was not listed on the lease in an attempt to hide a previous incident of violence against a neighbor and other criminal activity which got him evicted from another Greystar Management property.  The lawsuit filed in 2013 sought extensive damages for the fallen marine’s wrongful death, from both the management company and the property itself.  Nelson’s wife, Maria, fought hard for compensation from the management company, which failed to provide notice to the other tenants of the building that there had been previous incidents of violence on the property, and failed to adequately check the background of the various tenants.  Attorneys for the Plaintiffs claimed that the management company was in the best position to do the checks on the people that they brought in to live in the complex, and were therefore in the best position to protect their residents and the public in general from offenders like Vogel, who had a history of violence and complaints against his neighbors.

After a long pre-trial sequence, parties agreed to a 1.5 million dollar settlement, over the claims of the management company that they had no knowledge of a violent offender living in the apartment, making the shooting unforeseeable by the defendant.  You can read more about the case here.

Negligent security cases such as this are common in Florida, with management companies having lax policies on who and when they allow people to rent in their properties.  The Friedland | Carmona has extensive experience dealing with large management companies like Graystar and can help you get the compensation you deserve if you are injured on or around a property like an apartment complex, rented house, or even shopping mall or retail store.  If you or a loved one has been injured due to the fault of another, including negligent security, slip and fall type cases, or even wrongful death cases, call the Friedland | Carmona today.  Our attorneys are prepared to help you and your family get through the tough times that follow intense litigation. Continue reading

Published on:

Target.jpgA woman in Pennsylvania is seeking large compensatory damages for deep lacerations and lost time after she cut her hands on a shattered bowl in a Target store. The woman is seeking damages from both Target and the bowl’s manufacturer, claiming that both companies were negligent in allowing a defective and dangerous product enter the flow of commerce, resulting in permanent damage to her hand. The Plaintiff, a nurse, is also suing for lost time, as she has not been able to work during her rehabilitation period.

Ms. Calabrase, the Plaintiff in this case, suffered nerve and bone damage when the shard of the bowl severed the nerves in her hands, causing major damage that will probably be permanent in certain aspects. Ms. Calabrase had to consult a hand surgeon,and underwent surgery to fix the nerve damage caused by the sharp bowl. These types of injuries demonstrate just how serious premises and product liability can be, and how cases vary from slip and falls to serious injuries while shopping.

Large retail stores like Target are responsible for maintaining safe stores and selling safe products to their customers. Injuries like those suffered by the Pennsylvania nurse can affect work and cause permanent damage, disability, and affect every aspect of life. Stores can be found negligent for failing to clean up spills that cause falls, selling defective products, and not maintaining proper security for their customers. The attorneys at the Friedland | Carmona have extensive experience in premises liability, and have secured large settlements and jury awards for Plaintiffs injured on the premises of stores like Target, Publix, and Wal-Mart. If you have been injured due to the negligence of a store or retailer, don’t hesitate! Contact the Friedland | Carmona today.

Continue reading here.

Continue reading

Published on:

A Texas father is suing his apartment complex management company after his son fell onto an exposed jagged metal pipe, citing premises negligence. The father claims that the apartment company was at fault in leaving the jagged pipe exposed in an area that was frequented by many of the residents of the complex walked and frequented, just as the child did. The young boy suffered severe cuts and lacerations, and will likely need extensive future treatment to manage pain, and likely will have permanent physical deformations due to the accident.

Premises liability and landlord tenant law are some of the largest fields in the personal injury law field. Companies in charge of running complexes like the one in Groves, Texas, are liable for upkeep and maintenance of the public areas in the complex. When a premises is not maintained properly, and the company is aware of dangerous and defective conditions, the owner or operator could be found liable for damages that these conditions make for the residents or guests of the complex.

If you or a family member have been injured due to a negligently maintained premises, or have been hurt because a landlord’s failure to effectively repair an apartment or public area, call the personal injury attorneys at the Friendland Law group. Jonathon Friedland and his team of dedicated personal injury professionals have over 20 years of experience in the field of personal injury, and have litigated large settlements from premises liability cases against several large corporations, and have gotten people the money that they deserve for injuries sustained and time lost.\
Keep Reading the Story here: http://setexasrecord.com/news/296907-father-files-suit-against-apartment-complex-owners-over-boys-injuries

Continue reading

Published on:

slip and fall shoulder.jpg A jury awarded a Port St. Lucie man nearly $1.3 million last Wednesday in an unusual slip-and-fall case against Wal-Mart. On May 15, 2011, 41-year-old Tom Papakalodoukas was shopping at the Wal-Mart located at 1850 S.W. Gatlin Boulevard in Port St. Lucie. As he walked down an aisle, he stepped on a Gatorade sign that had fallen from a display. Papakalodoukas fell and landed violently on his right arm, which caused the bicep tendon to tear.

In the less than two years since the fall, Papakalodoukas has undergone three major surgeries. One of these surgeries involved the insertion of a cadaver Achilles tendon into his arm, meant to aid in restoring strength. The surgeries, along with other medical visits and procedures, have cost Papakalodoukas over $200,000. As a result of the fall Papakalodoukas has also been left with a lifelong defect called a “popeye deformity,” which creates abnormal bulges on his arm. He also suffers from depression due to anxiety about his future and his health. Papakalodoukas has not been able to return to work since the fall.

Store surveillance cameras showed both the Gatorade sign falling and Papakalodoukas’ fall. Wal-Mart first placed blame on Gatorade because, according to Wal-Mart, Gatorade did not provide appropriate screws for holding the sign in place on the display. Further, Wal-Mart contended that its employees did not have time to pick up the sign in between the time that it fell and the time that Papakalodoukas slipped on it. Papakalodoukas’ attorney presented evidence that if the sign had been properly assembled on the display, there was no chance it could have fallen. The all-female jury deliberated for only four hours. It found Wal-Mart 90% at fault and awarded Papakalodoukas nearly $1.3 million. A spokesperson from Wal-Mart states that the company plans to appeal the decision.

Jury awards Port St. Lucie man $1.3 million in case against Wal-Mart, www.palmbeachpost.com February 8, 2013

Continue reading

Published on:

237-1gexSV.St.55.jpeg Seven people were injured after a crane collapsed at a construction side near the East River in New York City last Wednesday. Of the seven injured, three victims needed to be extracted from beneath the fallen machinery. They suffered a range of injuries, including several broken bones, but none suffered from life-threatening injuries.

With popping cables and snapping metal, the crane toppled over around 2:30 in the afternoon. One witness stated, “Once that snap came, that was it. I just heard guys yelling, “Run, run!” Another witness noted, “I saw the cable whipping toward the deck…You could just hear it buckling.” The impact shook the scaffold where the witness was standing, while the crane cut down the framework of the building.

Engineers are investigating the cause of the crash, which happened at the construction site for a new twenty-five story apartment building. The building, being by residential and commercial real estate developer and property management company, TF Cornerstone, is in shambles. The crane was leased by subcontractor New York Crane and Equipment Corporation.

Cranes have been a concern for many New York City construction sites even since two giant rights collapsed months apart in Manhattan in 2008 and killed nine people. New York Crane owned one of the cranes involved in the 2008 accidents as well. The accidents led to new safety measures, including the hiring of more inspectors and the expansion of training requirements and inspection checklists.

NYC crane collapses at construction site; 7 hurt, www.miamiherald.com January 09, 2013.

Continue reading

Published on:

109UlP.St.56.jpeg Last October, a parking structure collapsed on the Miami Dade College’s Doral campus, killing four workers. One worker, Samuel Perez, was trapped underneath the rubble in the garage for almost seventeen hours before rescuers were able to get to him. A rescue team was forced to amputate his leg in order to get him out of the rubble. Perez died three hours later at a Miami hospital.

His widow, Migdalia Lopez, filed a wrongful death suit against five major construction companies in charge of the project. The suit alleges that the companies’ negligence led to Perez’s death, accuses the companies of rushing the project and asserts that the contractors did not comply with minimum safety requirements. The companies in the suit include general contractor Ajax Building Corporation, Inc., management company M.A.R. Contracting, Inc., engineering and inspection company MEP Structural Engineering and Inspections, engineering company Bliss & Nyitray, Inc. and architecture firm Haryard Jolly, Inc. The United States Occupations Safety and Health Administration is currently investigating the cause of the collapse.

The collapse also killed Carlos Hurtado de Mendoza, Jose Calderon, and Robert Budhoo, whose family has also filed suit. Two days prior to the crash, a crane had crashed against one of the columns of the structure; after an investigation, construction work commenced. According to Lopez’s lawsuit, the work should not have continued. Her attorney states, “When we are talking about this type of tonnage and this type of error, which was reckless, there is going to be a loss of lives and serious injuries.” Perez was located inside a cement truck when the crash occurred. Prior to his death, Perez worked in construction for twenty years and was the family’s primary breadwinner.

Family of worker killed in MDC garage collapse has filed suit against contractors, www.miamiherald.com December 03, 2012.

Continue reading

Published on:

579-V64TC.St.55.jpeg During his wife’s battle with ovarian cancer, David Jimenez spent many hours praying inside the Hudson Valley church. When his wife finally beat the disease, he offered to clean the large crucifix outside the church as a way to show his appreciation. While he was cleaning the statue, the 600-pound marble cross toppled over and pinned Jimenez’s right leg beneath it. Jimenez was flown to Westchester Medical Center, where doctors amputated his leg.

According to Jimenez’s attorney, on May 30, 2010, he was standing at the base of the crucifix and holding onto the cross beam for balance when suddenly “the whole crucifix snapped off at its base” and sent Jimenez to the ground. The attorney said that only a single screw held the 600-pound statue to its base. “There was no anchoring system, just that one screw,” he said.

Jimenez’s medical bills reached over a hundred thousand dollars and the church denied that it was liable for his injuries. Various charitable organizations helped pay for the medical bills and the church itself raised about $7,000 for Jimenez. Even with treatment, Jimenez has been unable to work. Jimenez sued the Roman Catholic Church after his accident and his $3 million case is expected to go to trial at the beginning of next year.

NY man who lost leg in crucifix mishap sues church, www.miamiherald.com November 07, 2012

Continue reading

Published on:

N00276313499347073_1113823t.jpeg A Doral parking garage collapsed yesterday afternoon, killing at least three men and leaving many others trapped in the rubble. Samuel Perez was found in the rubble around 1:00 a.m. after the collapse. Rescuers had to amputate his legs in order to remove him from the rubble, but he died three hours later at a Miami hospital. Rescue dogs are tracking blood in the garage, but it is currently too unsafe to allow rescuers to continue searching. Authorities have called engineers to come check the structural safety of the garage before allowing rescuers to continue their search. One worker still remains missing in the rubble. Carlos Hurtado Demendoza and Jose Calderon died instantly along with one other unidentified worker. Ten other victims were sent to local hospitals to treat their injuries.

Ajax Corporation, the builder of the parking garage, stated that the company is “committed to working with local, state and federal authorities to determine what caused the collapse.” The part of the garage that fell was the final wall, which was to be used a movie screen for the nearby college. The president of Ajax stated that this was the worst collapse in his career, but stated that there had been no warning signs nor was the work rushed on this particular garage.

After hearing the rumble, the electrical supervisor ran to the other side of the garage and found “a major chunk of the $22.5 million, five-story building, under construction on the college’s West Campus in Doral, already had collapsed.” According to one witness, the garage fell “like a house of cards.” It is believed that the structure began to collapse when a crane place a new expansion beam on top of another expansion beam. At the time of the collapse, electricians, welders, painters and other construction workers were working inside the garage and had only seconds to get out after the collapse began.

Death toll at 3, could rise in Doral parking garage collapse www.miamiherald.com October 11, 2012.

Continue reading

Badges