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Florida Assault/Sexual Assault-Premises Liability Lawyer

All too frequently, individuals, mostly women, are assaulted or injured while on property that is owned or controlled by other people or entities. An assault may result in a premises liability claim where the injury occurs in an apartment complex, hotel or motel room, parking lot, parking garage or other areas where property or business owners know that criminal activities are occurring too frequently and reasonable security precautions are not taken.

Most cases involving assaults at apartment complexes or condominiums are the result of management not properly maintaining keys to locks, locks on the doors or windows or in failing to obtain a security guard. Cases involving parking lot liability typically involve a lack of security when a number of crimes have occurred in the parking lot or garage making the business owner aware of the dangerous condition. Business owners typically have a responsibility to exercise reasonable care to make the location safe.

The following case examples illustrate our competency in the area of assault and premises liability claims: (Please note out of respect for these clients, we have changed the name to protect their privacy).

In Jane Doe v. Orlando Apartment Complex, a 33-year-old single, divorced mother of two children was sexually assaulted in her apartment on the third floor of the apartment complex. A thorough police investigation established a defective lock on the sliding glass porch door which allowed the assailant to gain entry. During our investigation, we determined that many other apartments in the complex had experienced break-ins without forcible entry caused by the sliding glass doors having ill-maintained or broken locks. Based upon this information, it was foreseeable to the business owner and therefore, obvious to the insurance company that they were responsible for the lack of maintenance and lack of security. A confidential settlement was obtained for this unfortunate victim of a sexual predator. Since the predator was never apprehended, this was the only justice she received.

Florida Assault/Sexual Assault-Premises Liability Lawyer

In another case, a forty-year-old single woman was sexually assaulted in her apartment complex which had a security alarm system and a panic button. During the sexual assault, our client repeatedly pushed the panic button that was hanging on a cord next to the headboard on her bed. Although the alarm system was monitored by a security company, the security company did not receive the panic alarm. Based upon our investigation, it was determined that the panic button malfunctioned during the assault. Our client also reported to the management company of the apartment complex that the panic button when tested, sometimes did not work. The management company failed to have the panic button checked for deficiencies. During our investigation and upon obtaining a copy of her lease, it was determined that the management company and the apartment complex had received extra rental money for the security alarm system and panic button. It was also determined that the management company/apartment complex had contractually agreed to maintain the system. Based upon this information and other apartment residents complaints concerning the security system malfunctioning or not functioning properly, we were able to obtain a successful settlement. In this case, the sexual predator was never apprehended, so this lawsuit and our client’s recovery was her only justice.

If you have been the victim of an assault or injury on another person’s property and think you have a potential case, please feel free to contact Crews & Pesquera for a free consultation.  We will treat your claim with utmost dignity and respect.

 


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