GOLDLAW – West Palm Beach Personal Injury Lawyers, Car Accident, Slip & Fall – Law Offices of Craig Goldenfarb

Category: Inadequate Security

  • Family of Man Killed at Royal St. George Apartments May Have Case for a Financial Recovery Against Property Owner

    Family of Man Killed at Royal St. George Apartments May Have Case for a Financial Recovery Against Property Owner

    A 30-year old man was found shot to death at the Royal St. George apartments on the evening of Friday, January 27, 2023. Law enforcement authorities are now looking for the killer.

    Questions Remain as Police Continue Their Investigation

    The condition of the still unnamed victim was reported by a caller who told police there was an individual, “possibly dead,” in a unit at the Royal St. George at the Villages Apartment Homes in the 1600 block of Brandywine Road. According to West Palm Beach Police Department spokesman Mike Jachles, police received a 911 call from a “hysterical person” at 5:43pm Friday. Local police and firefighters arrived to find a man dead from a gunshot wound inside a second-floor apartment at the three-story building.

    Following an initial investigation of the scene, Jachles said detectives believe the killing was not random. The apartment, which appeared to be vacant, did not show signs of forced entry.

    Potential of Wrongful Death Claim for Victim’s Family

    Due to conditions at the apartment complex, the family of the victim may have a case for a wrongful death claim, due to negligent or inadequate security. Many questions still remain to be answered regarding conditions surrounding security at the complex. How could a killer access the apartment? Were locks on apartment doors insufficient? Did the property not employ enough security guards or employ other reasonable measures to keep residents and visitors safe?

    Florida Property Owners Have a Duty to Keep Residents, Visitors Safe

    Under Florida premises liability law, apartment complex owners have a duty to provide reasonable security of their premises to reduce the opportunity for criminals to engage in violent acts such as shootings, robberies, rape, or murder. When they fail to do so, and a violent act occurs that results in sever injury or death, the surviving family members may be able to file a lawsuit against the company for negligent security.

    Key methods to secure a property include: security cameras/closed-circuit TVs, fences, guard gates, on-premise security personnel, and alert and attentive premises managers, owners, and workers. When an act of violence happens, there may be some burden of liability on the premises owner, because they may have failed to secure the property adequately.

    Notice: As a personal injury firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

    If you would like a free, confidential consultation about an incident, please contact GOLDLAW at 561-222-2222.

  • GOLDLAW Succeeds in Earning Right to Pursue Punitive Damages Against Apartment Complex For Death of Teen Resident

    GOLDLAW litigation attorney Rafael Roca secured a rare and impressive legal victory this month against an apartment complex in Wellington, Florida. The case centered around the tragic death of 17-year old Dalton Dobkins, who was killed while he slept in his bed during the commission of a home invasion, on the morning of November 30, 2016.

    In the middle of the night on November 30, 18-year old Joel Rodriguez, and his 20-year old half-brother, Augustine Rivera, were casing the Estates at Wellington Green, looking for apartments to break into. They accessed the premises by driving their vehicle through an inoperable gate/arm. In an interview with plaintiff’s counsel, Rivera confirmed that the property was selected because of the open gates and lack of security. He stated that “if the gates had been down and closed we would have gone elsewhere.” After gaining access to the property, the assailants walked around the development burglarizing vehicles. This continued until Joel Rodriguez discovered an unlocked window at the Dobkins’ residence, and entered the apartment as Rivera served as a lookout outside the home.

    Motive for Shooting Unknown

    Believing the apartment to be unoccupied, Rodriguez admitted to crawling through the open window in order to rob the residence. Startled when Dobkins suddenly woke up, Rodriguez told the victim, “Get back or I’ll shoot your ass,” then shot him twice in the chest, according to Assistant State Attorney Reid Scott. Dalton Dobkins died in his father’s arms soon after. His 10-year old sister, and his father’s girlfriend were also in the house sleeping during the incident.

    Lawsuit Maintains Apartment Complex Failed in Duty to Keep Residents Safe

    GOLDLAW brought a Negligent Security lawsuit on behalf of the Dobkins family in 2018. The action claimed SCG Atlas Wellington LLC, the owners of the complex, and Pinnacle Property Management, the company managing the complex at the time of Dobkin’s death, failed to maintain proper security of the property. The parties had been requested to fix the broken gate/arm by numerous residents on multiple occasions, but those requests always fell on deaf ears.

    Negligent Security Led to an Unnecessary Death

    If the apartment complex had lived up to its duty to protect residents by just fixing the gate/arm as requested, Dalton Dobkins would still be alive, according the lawsuit brought by GOLDLAW. In a hearing before the main trial, the judge found that the negligence was so egregious that it rose to a level of recklessness, which entitles the Dobkins family to punitive damages. Extremely rare in this type of case, it will allow not only for damages for the loss of their son and brother, but also damages meant to punish the defendants due to their reckless disregard for the lives of their tenants, and dissuade other businesses from making the same mistakes.

    Potential For a Massive Verdict

    As the case proceeds, there looms the risk of an extremely large verdict against the corporate ownership and management of the Estates at Wellington Green, as well as their liability insurance company. GOLDLAW will continue to pursue the maximum compensation possible for the Dobkins family, as we seek to obtain justice for this reckless disregard of resident safety.

  • Customer at Palm Beach Gardens Gas Station Fatally Shot During Robbery

    On Friday, September 18, a robbery at the Chevron gas station on Alternate A1A and Florida Boulevard ended in tragedy when a customer was shot and killed.

    Authorities responded to a reported robbery with gunshots at the gas station just before 11 PM. Once there, they found a woman suffering from multiple gunshot wounds. The victim, later identified as Jacqueline Rae Barthelemy, 36, was rushed to a local hospital, where she later died from her injuries.

    The store clerk told police a robber pointed a gun at her while demanding cash, as a female accomplice held the front door shut. The clerk report indicates that as she was getting cash from a second register, she heard gunshots and saw a customer on the floor, but couldn’t tell who had shot her.

    Police later arrested Ezequiel Nunez in connection with the shooting, charging him with multiple felonies including murder and robbery with a firearm. He remains in jail without bond at this time. A second suspect, believed to be an accomplice, was also later arrested.

    In some cases, a lack of adequate security in gas stations and other public buildings may contribute to violent crimes like robberies and murders. “Adequate security” for a gas station might include the hiring private security guards or off-duty police officers, ensuring proper lighting, or other security measures.

    Companies that operate businesses open to the public have a responsibility to create a safe environment both for their employees and their customers.

    Jacqueline Rae Barthelemy is fondly remembered by loved ones. She leaves behind a husband, two young children, siblings, parents, and extended family who all miss her. A chef at a local country club, she also did philanthropic work for the Palm Beach Gardens Youth Athletic Association (PBGYAA). The PBGYAA is a local youth sports organization that Barthelemy worked with for years. The Law Offices of Craig Goldenfarb have also sponsored PBGYAA for many years, including 2020.

    A statement from Barthelemy’s family called her, “a sweet and gentle soul who will be missed forever.”