The Miami-Dade area is particularly beautiful and a tourist destination for a large number of people each year. In spite of this, there are more victims of shooting violence in Miami than you might believe. One of the many places where shootings occur in Miami are apartment complexes. Shootings can occur suddenly and leave multiple victims with life-changing injuries. In many cases, innocent victims are killed in shooting incidents. If you or a loved one has been injured or killed in a shooting at an apartment complex, you should not hesitate to speak with an experienced Miami personal injury lawyer.
How Shootings Occur in Miami
There are several ways in which people in Florida can be harmed in an apartment complex shooting, such as:
- Accidental shootings
Some shootings that occur at apartment complexes are accidental. A firearm goes off unintentionally, or a shooter hits the wrong target. In these situations, the victim who is shot is able to initiate a negligence lawsuit against the person who performed the shooting.
- Police shootings
Each year, a large number of people are fatally shot by law enforcement officers in our country. While law enforcement sometimes is acting appropriately by shooting someone, in other cases, law enforcement officers have been known to disregard the law or act negligently.
- Stand your ground shootings
In 2005, the stand your ground law was instituted in Florida. This law states that a person does not have a duty to retreat in public if attacked by someone, and that the use of deadly force is permissible if a person had a reasonable basis on which to use it. In many cases, there are not any witnesses to a stand your ground shooting. This means a person can be shot and killed while the other person who performed the shooting claims a stand your ground defense when in actuality, an accident or a wrongful killing occurred.
The Miami Herald has reported that the number of shooting deaths in Miami is down to an all-time low, but each year there are still a number of people in Miami and the surrounding area killed in shooting accidents. There is a possibility that a person could end up a shooting victim after visiting an apartment complex in Miami.
Apartment Complexes Have a Duty of Care
If a person was shot on the premises of an apartment complex, there is a possibility that the shooting victim might be able to receive compensation from the property owner or management company if it can be established that the company failed to exercise ordinary care. It is arguably reasonable to expect that these parties responsible for maintaining apartment complexes should foresee the risk that shootings will occur. Not only are drive-by shootings and drug deals gone wrong common in Miami, domestic violence is also a common occurrence. To establish that the parties responsible for maintaining an apartment complex are responsible for a shooting, look for the following:
- Inadequate video camera security
Apartment complex managers should monitor all of the activity that occurs around the property. In particularly high crime areas, some property owners install security cameras to monitor potential criminal activity. Some cameras, however, are not adequately maintained and in some situations, the staff that monitors these cameras behave negligently, resulting in injuries to apartment complex residents and guests.
- Inadequate security gates
Security gates exist to decrease the risk of crime at apartment complexes, but these gates are not always properly secured or maintained. Sometimes security guards are not present. If you are harmed due to a poorly maintained security gate, you should not hesitate to contact a Miami negligent security attorney.
- Inadequate lighting
Parking lots and the areas surrounding apartment complexes should always be adequately lit so apartment complex managers can keep an eye on the property. In cases where lighting is not properly maintained, deadly accidents including shootings are known to happen.
Legal Actions Against Government Actors
If you are shot by a law enforcement officer who was negligent or who ignored the law, legal action might be possible against the officer and the municipality that employed him or her. These cases, however, are often particularly challenging and involve issues concerning immunity, which is why it is best to have an experienced Miami injury lawyer on your side. We are familiar with the complex issues involved with these cases, and we can make sure that shooting accident victims receive the compensation they deserve.
When People are Killed in Apartment Complex Shootings
When someone is killed as a result of a shooting that occurred at a Miami apartment complex, the deceased person’s surviving loved ones are often able to initiate a legal action to obtain the compensation that they deserve.
Florida’s Wrongful Death statute allows people in the state to initiate a legal action to obtain compensation for the death of a loved one including the numerous damages that can arise in these situations such as burial and funeral expenses, loss of the deceased person’s earning capacity, and pain and suffering associated with the death of a loved one.
Fortunately, a large number of apartment complexes carry million dollar policies in liability insurance, which can be used to compensate a deceased person’s surviving loved ones if it can be established that the apartment building supervisors were negligent in a way that led to the shooting.
Speak with a Miami Injury Attorney Now!
At Flagler Personal Injury Group, we believe that people impacted by apartment shootings are entitled to compensation for their injuries. We also understand the complex laws that are involved with these cases and the steps that you can take to hold the responsible parties accountable. We invite you to contact our law office today to schedule an initial free consultation with a Miami apartment complex shooting attorney.