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

Category: Negligent Security

negligent security, what it means, and how we can help violent crime victims.

  • Family of school teacher Gabriela Marino may have a case against apartment complex for negligence

    Family of school teacher Gabriela Marino may have a case against apartment complex for negligence

    On Wednesday, April 3, Boynton Beach school teacher Gabriela Marino, 51, was fatally shot in her car, in the parking lot outside of her apartment complex. The gunman was her boyfriend, Jeffrey Nicholas Garner, who later confronted police with the gun. Officers shot and killed Garner.

    Marino was a second-grade teacher at Palm Springs Elementary, and the school has offered grief counseling to students and staff struggling with the loss. She received her certification in bilingual reading from the University of Wisconsin-Oshkosh, and taught in Wisconsin schools from 2014-2018. In 2018, she was hired by the Palm Springs County School district.

    Marino is mourned by her family in Argentina. An announcement in La Gaceta, a newspaper in northern Argentina’s Tucuman, said in Spanish that Marino’s brother and family were in “deep pain” over “the loss of his beloved sister. We unite in prayer for your eternal rest.”

    According to databases, Marino and Garner rented separate units at Manatee Bay, an upscale rental complex between Federal Highway and the Intracoastal Waterway south of Gateway Boulevard. A friend of Garner’s claimed the two had been dating for several months.

    If there was negligence on the part of the apartment complex for failing to adequately screen its residents, failure to have appropriate security on the premises, or for other actions which might have prevented this tragedy, Marino’s family may have grounds to move forward with a civil Wrongful Death case.

    The Law Offices of Craig Goldenfarb, P.A. is dedicated to protecting the rights of individuals and families that have suffered injuries due to the negligence of others. Our attorneys have more than 170 years of combined experience investigating and representing those who have suffered tragic loss or severe injuries.

    If you know a surviving family member of a person whose life was taken due to negligence, please encourage them to give our firm a call immediately. The consultation is completely free, and there is no out-of-pocket cost to the family to hire us.

     

  • Apartment Complex Owner Where UF Student Falls to his Death Could be Negligent

    [team_member name=”Craig Goldenfarb, Esq.” position=”Founder & Owner” url=”https://800goldlaw.com/our-firm/our-team/craig-goldenfarb” email=”info@800goldlaw.com” phone=”561-697-4440″ picture=”https://800goldlaw.com/wp-content/uploads/2017/12/CMG-Headshot2017-WEB-e1513700985348.jpg” googleplus=”/” linkedin=”” facebook=”/” twitter=”/craiggoldenfarb” youtube=”/personalinjurycg” pinterest=”/” lastfm=”/” instagram=”/” dribble=”/” vimeo=”/”]
    Craig Goldenfarb, Esq. is the founder and owner of the Law Offices of Craig Goldenfarb, P.A. in West Palm Beach. Mr. Goldenfarb has exclusively practiced plaintiff personal injury law since 1995. Mr. Goldenfarb handles cases involving wrongful death, nursing home abuse, AED litigation, and other catastrophic injury cases.

    [/team_member]

    For the second time since February 2016, a University of Florida student has fallen to his death from an apartment complex within close proximity to the university grounds.

    Ian Burns, a senior studying engineering at the public university, fell from a balcony at the University House Apartments complex this past weekend. No explanation has been provided in public accounts regarding the circumstances of his death.

    It is such a bizarre and horrific event, that it should be a rare occurrence – so why has it happened twice at the same university in less than two years?

    What is to blame for Ian Burns’ death?

    While an investigation into Ian’s death remains ongoing, details regarding what happened to Ian will remain unknown. But there are a number of potential scenarios in which the terrible fall could be the result of negligence, and perhaps therefore constituting a personal injury case.

    The personal injury perspective of the wrongful death case

    As wrongful death lawyers, one of the firs things our investigators and lawyers would look into is whether the complex owners were negligent in their construction, or maintenance or care of the building.

    For example, if the railing on the third story was shorter than building code standards allow, or if there was a defect in the railing, that may have contributed to the fall.

    Or perhaps a failure in the construction of the balcony or the railing could have made for an unforeseen hazard that led to the fall.

    Unfortunately, the family will have to wait to find out. But hiring a personal injury lawyer to conduct their own evaluation of the facts could lead to a potential wrongful death lawsuit against the building’s owners, or the property manager’s company.

    This is not the first time a UF student has fallen to his death from an apartment complex balcony

    In 2016, 20-year old Chance Wolf fell to this death from a 6-story apartment complex balcony, not far from the complex in which Ian Burns lost his life.

    Security footage from that building showed Chance falling over a railing that was described as only being about “waist-high”.

    Our skilled personal injury lawyers often look for patters in cases that are similar, such as these two incidents. A pattern of negligence in the construction or care of the building would be awfully disturbing, especially if it’s the same Defendant, or if there are two Defendants somehow linked to each other.

    It’s important for the families of those lost in terrible tragedies like these to explore all legal options they may have available.

  • Another Shooting at Hampton Court Apartments Could Be A Personal Injury Case

    The complex at the Hampton Court Apartments in West Palm Beach has been plagued in recent years by shootings and murders, with another shooting taking place this week that left a 39-year old mother dead in her own home.

    Rosemithe Colin was reportedly in her home when an unknown figure fired three bullets through a sliding glass door, striking her, at approximately midnight on Monday, August 7th, 2017, according to media reports.

    This is another example of how the building owners are potentially neglectful in security the apartment complex that they rent out to tenants.

    Apartment complex shootings are potential personal injury cases

    To understand how such a terrible act of violence such as the showing of Rosemithe Colin could be a potential personal injury claim, consider the responsibility of the owners of Hampton Court. The apartment complex owners have known, or should have known, that shootings frequently occur on their property grounds, and it is their sole responsibility to provide for adequate security.

    The Hampton Court Apartments complex is a gated community, but that hasn’t stopped at least eight people being killed in eight years on the grounds, including a triple murder of a group of teenagers in 2014. That should be enough activity to alert the owners that they have an issue to address, in that their residents are not safe.

    The area of law that the owners are potentially liable for is called negligent security. That means that the families who rent in these apartments, including Mrs. Colin and her family, have a right to feel safe and secure in their home.

    The fact that the owners may not have provided that protection fully in the form of an off-duty cop patrol, or by engaging the services of a private security company, for example, could potentially be an act of negligence under Florida law.

    Anyone who has lost a loved one due to a shooting or violence in a rented apartment complex such as Hampton Court are encouraged to contact a personal injury who has experience in handling cases involving negligent security.

    These are often difficult cases to prove, so time and expertise are of the essence when considering whether to hire a a personal injury lawyer.

  • Sugar Daddy’s Should Be Held Liable in the Shooting Death of Darryl Rudolph

    The family of Darryl Rudolph is grieving the loss of the 55-year old father and husband who was killed by a discharged firearm that was negligently handled by another man at close quarters while he was on a job at a notorious West Palm Beach strip club.

    That man, Defendant Paul Senat, now faces manslaughter charges for his “reckless disregard for human life”, according to a Sherriff’s report, in what Prosecutors are labeling a homicide. The incident occurred at Sugar Daddy’s, a West Palm Beach gentlemen’s establishment, where Mr. Rudolph was working as a part-time handyman.

    This terrible incident does make for a good wrongful death case: there is clear liability on the part of Mr. Senate, as well as the owners of the club, which somehow figured it was appropriate to keep a high-powered weapon unsecured on a shelf in a storage room.

    The clear liability in this potential Wrongful Death case

    The laws of Florida provide surviving family members with the legal mechanisms to hold individuals and business liable when a negligent act directly results in the death of a loved one. In order for a wrongful death case to be valid, there must be clear liability, damages, and eligible survivors.

    In the case of Mr. Rudolph’s homicide, the liability rests squarely on the shoulder of the owners of the club, and Mr. Senat personally. A wrongful death suit filed by experienced personal injury attorneys on behalf of the family could help answer some really basic but important questions, such as why was there an AK-47 sitting on a shelf? How did it go off? Why was the Defendant toying with the rifle in the first place?

    Surviving family members with rights under the wrongful death laws of Florida might include Mr. Rudolph’s spouse, and his children. They deserve an opportunity to use the court system to hold those who caused this outrageous act and the loss of a precious loss of a relatively young father and husband responsible.

    Sugar Daddy’s is rife with legal liabilities and incidents

    This isn’t the first-time Sugar Daddy’s has been in the news for legal and liability issues…far from it. According to the Palm Beach Post, in just a four-month span, the Sherriff’s office was dispatched to the run-down strip club at least 72 times.

    Less than a year ago, the establishment made local headlines when a 21-year old standout football star was murdered on his way home from Sugar Daddy’s. That homicide remains unsolved.

    In October of 2016, police investigated a shooting that occurred outside the club early on a Sunday morning. No witnesses ever came forward, and the perpetrator was never found.

    It’s about time someone steps in and holds brazen owners of this club responsible for its egregious acts of negligence and liabilities, and the dangers their continued operation poses to future patrons.

    If you or someone you know was injured or killed at or near the premises of Sugar Daddy’s strip club in West Palm Beach, we encourage you to give our office a call for a free consultation to find out how we may be able to help you find closure. The call is free, and there is no obligation or up-front cost to hire our law firm to work on your case.

  • Can Crime Victims File Personal Injury Claims?

    Most Floridians are well-aware that it’s against the law to drink and drive, commit assault or aggravated assault, and commit sexually-motivated crimes, such as sexual assault, aggravated sexual assault, and sexual abuse. But where does that leave crime victims?

    Are crime victims left in the dust, forced to pay for their medical bills, time lost from work, and other costs associated with their victimization? It may not be well-publicized, but crimes of physical and sexual violence can sustain thousands, if not tens of thousands or even hundreds of thousands in losses after being the target of a violent crime.

    For example, suppose a fast-food worker was sexually assaulted and nearly beaten to death in the back of the restaurant late one evening. After spending a month in ICU, she spent two more weeks recovering in the hospital.

    By the time she was released from the hospital, she suffered major brain damage, could no longer bear children, and was no longer able to work due to her brain extensive injuries. In other words, her life was ruined by the attack.

    Fortunately, the cops caught up to her attacker. After DNA evidence confirmed that the suspect in custody was in fact the woman’s assailant, he was convicted and put behind bars for a long time. But where does that leave the fast-food worker?

    After the attack, she was slapped with thousands in medical bills and she could no longer hold down a job due to her extensive injuries. Does she have any legal recourse?

    Legal Recourse for Crime Victims

    In the case of the fast-food worker who was violently attacked, she may not be able to obtain any damages from the assailant, who is not only behind bars, but poor, but she does have another option – she can file a personal injury lawsuit against her employer because the attack occurred while she was on her employer’s property.

    Often, when an assault, a sexual assault, or even a murder occurs on someone’s property, the crime victim or their surviving family members can file a personal injury (or wrongful death) claim against the owner of the property where the attack occurred. Sometimes, these claims are referred to as “negligent security” claims.

    These types of lawsuits are frequently filed when a crime victim is attacked at one of the following types of properties:

    • ​Bars
    • Nightclubs
    • Motels and hotels
    • School campuses
    • Dark parking lots
    • People’s workplaces
    • Any public building

    If you, or someone you love is a crime victim, please know that you may be entitled to valuable compensation through a personal injury lawsuit, even if the offender is facing criminal charges, or has not been caught by the authorities.

    To learn more about the rights of crime victims in West Palm Beach, contact the Law Offices of Craig Goldenfarb, P.A. today for a free case evaluation!