Category: Negligent Security

[vc_row][vc_column][vc_column_text]Dylan Lyons, a reporter for Orlando-based Spectrum News 13 was tragically murdered on Wednesday, February, 22, while covering an earlier homicide in Pine Hills, Florida. Because of the circumstances that led to his murder, the Lyons family may have a legitimate case for a wrongful death claim, due to negligent security.

Circumstances Surrounding the Murder Spree

Lyons, 24, and fellow Spectrum News 13 photojournalist Jesse Walden were at the scene of an earlier homicide when the attack took place. At around 11:20am, Orange County Sheriff Deputies found 38-year-old Natacha Augustin shot to death in the 6100 block of Hialeah Street. According to law enforcement reports, 19-year-old Keith Melvin Moses, who is accused of the Augustin murder, returned to the scene, approached the news vehicle Lyons and Walden were sitting in, and shot them both, killing Lyons. Moses then walked up a nearby street, entered a house, and shot a woman and her 9-year-old daughter. The young girl, identified as T’yonna Major, would later die from her wounds.

Questions Remain to Be Answered

Due to conditions at the Hialeah Street crime scene, the family of Dylan Lyons 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 site. The biggest? Why was Dylan Lyons murdered and his co-worker shot at the site of a crime scene where an investigation was taking place? So far, there are no answers. But the fact that an armed suspect was allowed to access the scene where he had murdered an innocent individual just hours prior seems to indicate there was a severe breakdown in security, to say the least.

Lyons Had Ties to West Palm Beach Area

Born in Philadelphia, Dylan Lyons attended Bak Middle School of the Arts in West Palm Beach and graduated from the Dreyfoos School of the Arts in 2016 where he was executive producer of Dreyfoos School of the Arts Today, a daily video news broadcast.

Lyons’ love of journalism brought him to the University of Central Florida, where he earned bachelor’s degrees in journalism and political science in 2019. He went on to get a master’s in public administration and criminal justice in 2020.

Dylan Lyon’s Family Devastated

Engaged to be married to his fiancée Casey Lynn, family members remember Dylan Lyons as a talented actor and dedicated family-oriented person. As a child, Dyan Lyons starred in “Enviropals.” Launched in 2009, the show focused on “empowering young viewers to be good custodians of Earth as they learn the importance of keeping our planet clean and healthy.” According to his siter, Rachel, he was much more than just an award-winning local reporter.

“He was an acting father to his niece and nephew who he loved so much. He loved his fiancé and was a devoted son to his mother and father. Dylan would have been 25 years old in March. He was a happy soul and wonderful person in life. My brother was our baby. He was taken too early from us.”

Driver Had Stopped to Offer Moses a Ride

According to an arrest warrant, Augustin was picked up at her home by a male friend at approximately 10:30am. After driving around for 30 minutes, they noticed Moses walking alone. The driver told deputies Moses “looked down,” so he offered the suspect a ride. Sitting in the back of the car directly behind Augustin, Moses shot her, then fled the scene. The driver then called 911. Moses was apprehended and charged with murder from the first incident involving the shooing of Natacha Augustin. Authorities expect more charges to be filed in the shooing of the other four victims. Moses has a lengthy criminal record, and has previously faced charges including aggravated battery, assault with a deadly weapon, burglary and grand theft.

Who Should Be Held Accountable?

Figuring out fault and liability in Dylan Lyon’s death will take time to sort out, because so many entities are involved, including the town of Pine Hills, many law enforcement agencies, and local property/business owners. At any rate, under Florida premises liability law, property 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 severe injury or death, the surviving family members may be able to file a lawsuit against the company for negligent security.

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 see the GOLDLAW website, or call the firm at 561-222-2222.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]

The family of Gloria Serge may have a case for a wrongful death claim against Spanish Lakes Fairways, and the companies that manage the 55-plus community in St. Lucie County. An alligator killed Serge on Monday, February 20, as she was walking her dog around a retention pond. If there was a lack of signage or warnings about the dangers of alligators at the property or a failure to search for and remove potentially dangerous alligators from the property, the family may be able to file suit.

According to a USA Today report, witnesses said 85-year-old Gloria Serge was walking her small dog close to the edge of the pond, when a 10-foot alligator erupted out of the water, grabbing the pet. As Serge attempted to pull the dog to safety, the alligator knocked her over, and pulled her into the water by her foot.

Alligator Caught and Euthanized

Emergency responders arrived at the scene within minutes and recovered her body, kept surveillance on the alligator with our helicopter and personnel around the lake, and assisted the Florida Fish and Wildlife Conservation Commission (FWC) trapper with identifying the alligator and dragging it out of the water, according to the article.

The animal was captured and euthanized by a nuisance alligator trapper. The gator was over 10-feet long and weighed an estimated 600-700 pounds.

Who Is Liable for an Alligator Attack in Florida?

Many questions remain to be answered about conditions surrounding the death of Gloria Serge. The question of legal liability after an alligator attack can be complex.

In an interview with CBS12’s Al Pefley, GOLDLAW’s Rafael Roca, a Board Certified Trial Lawyer, shed additional light on the duty owed by property owners to keep residents and visitors safe.

“They have a responsibility to maintain it in a reasonably safe condition, and not to expose those people to dangers that exist on the property that they have become aware of. It’s not unreasonable to not do anything about it. You have to take the proper precautions. It’s not reasonable to allow a ten- or eleven-foot alligator to live in a lake where there are residents that have dogs, cats and children, exposed to that type of condition.”

To determine legal liability for an alligator attack in Florida, it is important to establish what responsibility the property owner has to a victim. On private property, the property owner has a VERY HIGH duty to keep the premises safe for victims. A property owner may post warning signs that alligators are present, and that no swimming is allowed, but a sign may be legally inadequate. It is necessary for a property owner to inspect the property and take adequate measures to keep invited guests safe.

Once the legal standards that apply to the property owner have been established, the question of legal liability for an alligator attack comes down to the facts of each individual case. Just as the acts of a property owner are relevant, the actions of a victim are relevant too. If the property owner has not posted warning signs, or if the signs are vague in nature, the property owner may be liable.

The Comparative Negligence Rule

Legal liability comes down to the negligence/recklessness of each party, and the law examines the actions of each party to determine whose behavior may have led to the attack. It’s possible that BOTH a property owner and the victim can share legal liability for an alligator attack. While the property owner has a duty to protect residents/guests, a victim also has the duty to act reasonably and take steps to protect themselves.

In Florida, a system of comparative negligence is used to determine fault among parties. Even if the victim is partially to blame for the accident, they may still be able recover some damages if the accident is ALSO the fault of the property owner.

Residents Voice Concerns Over Alligators, but Attacks and Fatalities Are Rare

Charles Hermann, a neighbor of Gloria Serge, noted that residents are aware of the presence of the dangerous reptiles, who often come up out of the water to sun themselves on the banks of the ponds in the community.

“We’re used to seeing alligators, but they’re usually not doing anything,” he told reporters. “They just lay in the sun and so you wouldn’t expect it (an attack).”

According to the FWC, there are an estimated 1.3 million alligators in Florida, and can be found in all of the state’s 67 counties. Because public safety is a priority, Florida administers a Statewide Nuisance Alligator Program (SNAP) to proactively address alligator threats in developed areas, while conserving alligators in areas where they naturally occur.

People concerned about an alligator can call the Nuisance Alligator Hotline at 866-FWC-GATOR (392-4286). An alligator is considered a “nuisance” if it is at least four feet long and is believed to pose a threat to people, pets, or property. Between 1948 and 2021, there have been 442 documented unprovoked alligator attacks in Florida, resulting in 24 deaths since 1973.

Notice: As a personal injury law 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 us today at 561-222-2222.

Due to conditions at the Sands Hotel and Seaside Bar and Grill, the family of Troy Nichols 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 hotel and bar where Nichols was shot on Valentine’s Day.

Why was a customer with a gun allowed on the premises? Did the property not employ enough security guards or employ other reasonable measures to keep residents and visitors safe? How come there was not a law enforcement presence at the property that late at night?

Lawrence Antonio Mitchell, 43, was charged with second-degree murder following his arrest in the fatal shooting of 28-year-old Troy Nichols, which took place outside of the Sands Hotel in Riviera Beach.

“Angry Boyfriend” Responsible for the Shooting

Police say Mitchell became angry after Troy Nichols offered to buy Mitchell’s girlfriend a drink at the Seaside Bar and Grill, located in the same building as the Sands Hotel. According to witnesses, Troy Nichols approached the woman and “asked what she was drinking,” a story later confirmed by Mitchell’s girlfriend. An argument ensued, eventually spilling out into a parking lot. Another witness, who tried to calm both men down, saw Mitchell pull a gun from his waistband, before firing in Nichols’ direction.

Other witnesses reported seeing Mitchell holding a handgun as he walked from the crime scene to the Ocean Mall parking lot. According to the arrest report, police investigators reported finding an empty .45 caliber cartridge near Troy Nichols’ body. All of the witnesses involved later identified Mitchell from a collection of photos provided by investigators.

Girlfriend Confirms Confrontation

Faith Hawver-King, described as Mitchell’s “on and off girlfriend,” said that Mitchell walked into the bar and “had an issue with the unknown male,” before following Nichols outside. Hawver-King also noted she saw the two men shaking hands outside before the situation escalated.

“I’m angry and I don’t understand how something like this can happen,” said Laiken Smerdon, Troy Nichols’ longtime girlfriend. In an interview, Smerdon, who is the mother of Nichols’ 7-month-old son, said, “We just want to know what happened,” after Nichols left their home to hang out with a friend.

“He loves his family. He’s a good son, a good brother. He loves to fish. He’s a great person. I don’t have much that I can say other than he was an amazing person. We love him, his family loves him.”

Residents Concerned About Safety

Located in the heart of Singer Island, there is a consensus among local businesses and residents is that both the Sands Hotel and Seaside Bar and Grill raise safety concerns.

“They need to make changes on that hotel, because it’s just not a right place for here,” said an employee of a nearby business. “The island has been changing a lot, and it’s a nice place to be and come and visit, but that particular section there, it just doesn’t belong.”

Residents worry that if something doesn’t change, and if police don’t increase their presence in the area, bad things will continue to happen. “They’re open very late,” noted one local resident. “It can get a little shady at times.”

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

Under Florida premises liability law, business 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 severe 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, 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 see the GOLDLAW website, or call the firm at 561-222-2222.