September 8, 2010

Incidents at Aventura Mall highlight South Florida premise liability, negligent security issues

What started with a brawl between two minors waiting in a movie ticket line quickly spread to a melee involving hundreds of teens gathered at Aventura Mall Saturday night, the Miami Herald reports. Before the chaos was quelled, mall security and dozens of law enforcement officers from different agencies around Miami-Dade descended on the crowd. Twelve minors were arrested. Taser stun guns were used on four.

Three juveniles were charged with felonies and taken to the Juvenile Assessment Center for processing and the rest were released to their parents. This is the second time in five years minors were charged due to incidents involving mall security, law enforcement and Taser stun guns at Aventura. In both incidents, law enforcement and juveniles sustained minor injuries.

Mall management and property owners have a legal obligation to ensure a safe environment for patrons and employees. A serious premises liability injury was fortunately avoided in the Saturday brawl, which ultimately involved hundreds of children and adults. An injury due to premise liability or negligent security can occur at any time as a result of a host of unsafe conditions, including inadequate crowd management and control.

Experienced South Florida premise liability attorneys with Freeman & Mallard understand the complexities of such litigation and are dedicated to fighting for the rights of victims and their families in West Palm Beach, Fort Lauderdale, Port St. Lucie/Fort Pierce and the surrounding area.

The day after the incident Aventura Mall was seeing a steady stream of business as usual. When interviewed, mall shoppers were equally concerned and unfazed. Mall management and police are set to meet this week to discuss Saturday night’s events.

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July 16, 2010

Palm Beach injury lawyers remind parents to keep firearms secured

A 14-year-old Hollywood boy avoided a possible 30-year prison sentence after pleading no contest to a manslaughter charge for shooting his best friend in the head with his mother's gun. The Palm Beach Post reported that the teen was sentenced to a rehabilitation program and could be released in nine months.

These are tragic cases. A Palm Beach child injury attorney can assist families in cases where a child is seriously injured or killed at a friend's house or on someone else's property, including a church, school or daycare center. Dog attacks and swimming pool accidents are frequent causes of child injury. But, tragically, the failure of families to safely store and maintain firearms continues to lead to serious or fatal accidents involving children.

The April 28 shooting death of the 13-year-old boy involved a 9 mm pistol belonging to the defendant's mother. She faces a charge of culpable negligence and the judge has entered a not guilty plea on her behalf while she finds legal representation.

These cases are a tragically common occurrence in Florida:

-In June, a 2-year-old boy apparently shot himself after a man visiting the child's mother left a loaded handgun on a bed. The man reportedly worked as a security guard, according to ABC7.

-In January, the Fort Myers News-Press reported the case of a 2-year-old boy who shot himself while visiting grandma's house.

-In December 2008, a Cape Coral teenager reportedly made up a story about a break-in by armed burglars after shooting another boy in his home. The father in that case was also charged with culpable negligence.

The University of Michigan reports that 9 children a day are killed by handguns, including hundreds who die each year as a result of accidental shootings.

Safety advocates recommend the following safety measures:

-Keep the gun locked
-Keep the gun unloaded
-Store the ammunition locked
-Store ammunition in a separate place
-Hide keys to firearm and ammunition boxes
-Only parents should know the location of firearms in the home
-Check with local police for additional advice
-Never leave a gun unattended
-Teach children about the dangers of guns
-Talk to children about the risks of gun injury outside the home, including the homes of friends

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