What is Negligent Security and How Does it Affect You?

We all want to feel safe in our homes, at work, and when we’re out and about. Stopping at the grocery store to use the ATM, we assume there is adequate security to assure our safety. That may not always be true, however.

What level of responsibility does a store, or any business have when it comes to providing adequate security? The answer depends on what state you are in and what the law says in that state pertaining to reasonable measures for security.

A general description of security responsibility is:

A landowner has a duty to exercise reasonable care to protect against foreseeable criminal conduct. This duty is applicable to all types of business where you have business invitees: retailers, condominium associations, apartments, hotels, restaurants, bars, malls, etc.
It is the responsibility of a store owner, for example, to be aware of crime grids, recent dangerous incidents, and other hazards. They must take reasonable steps to make sure customers are safe. Cameras, security guards, and other preventive actions should be implemented for safety’s sake.

In Florida, there are specific statutes covering liability as it pertains to incidents that may involve security negligence. Chapter 768 addresses negligence.

For example, convenience stores are known for being susceptible to robberies, but Florida Statute 768.0705 states that the owner of a convenience store who implements applicable security measures may gain a presumption against liability resulting from criminal acts which occur as the result of a 3rd party.

Therefore, in contrary circumstances, where applicable security measures are not implemented, the owner may be deemed to be negligent and may be liable for damages.
What are these security measures? According to Florida Statute 812.173 the premises should have:

– security camera system – drop safe or cash management device;
– lighted parking lot;
– notice in the form of signage that the cash register contains less than $50;
– unobstructed window signage;
– height markers;
– a cash management policy;
– no window tinting;
– a silent alarm.

If a criminal act which causes harm to an individual was committed by an employee, there are additional considerations and statutes covering same:

Did the employer conduct a background check? Were the employee’s references checked? Did the employee complete an application with proper questions regarding previous criminal convictions?

There are instances where other factors may affect a business owner’s liability, for example: was the victim invited, or was he or she trespassing? Was the victim drunk? Was the victim complicit with the person committing the criminal act?

As you can see, the area of negligent security is complex, and Law Firm of Lazarus and Lazarus
has a great deal of experience in this field throughout the state of Florida. Gary and Arleen Lazarus have successfully represented many victims of negligent security and they are eminently qualified and versed in the statutes and precedents regarding these situations.

If you or someone close to you has been the victim of harm due to negligent security, a call to 954-356-0006 will connect you with Gary, Arleen, and their professional and caring staff.

Critical Court Decision Says Cruise Lines Open to Medical Malpractice Lawsuits

A wise man once said “Assumptions are dangerous things to make.”

We assume a lot. When we take a trip aboard a multi-million dollar cruise ship for example, we assume we are safe from accidents and that we would receive exceptional medical care should we become ill. That is not entirely accurate.

Maritime medical malpractice have languished in limbo for many years, with victims grasping for ways to sue negligent physicians and other healthcare professionals employed on cruise ships. But a decision on Monday, November 10, 2014 by a panel of the U.S. Court of Appeals of the 11th Circuit in Atlanta says cruise lines should not be immune from lawsuits alleging medical malpractice. See the decision here: USCourts.gov

Cruise lines have enjoyed immunity from many types of negligent actions for years, and this decision is truly historic. Because most laws affecting negligence are state statutes, they only pertain to events which occur within the boundaries of the state.

One of the key portions of the decision, written by Justice Stanley Marcus, states, in part:
“…..we now confront state of the art cruise ships that house thousands of people and operate as floating cities, complete with well-stocked modern infirmaries and urgent care centers. In place of truly independent doctors and nurses, we must now acknowledge that medical professionals routinely work for corporate masters. And whereas ships historically went ‘off the grid’ when they set sail, modern technology enables distant ships to communicate instantaneously with the mainland in meaningful ways.”

Negligence, injuries, liability, accidents, or medical malpractice occurring at sea or on foreign soil are unique, and a victim should seek the advice of an expert attorney in the area of cruise ship negligence.

Cruise Ship Negligence and Medical Malpractice are two areas of special focus for the Law Office of Lazarus and Lazarus. Gary and Arleen Lazarus have been guarding the rights of victims of sickness and injuries sustained on cruise ships for over 20 years. Their experience in south Florida and their knowledge of maritime and malpractice law has gained them sterling reputations in the area of cruise ship negligence.

A phone call to 954-356-0006 will put you in touch with attorneys Gary and Arleen, and their caring, experienced staff. They will be happy to listen to your story and recommend the best course of action for your specific situation.

Facts About Medical Malpractice

The headlines are sometimes stunning; multi-million-dollar awards to victims of medical malpractice.
One might question just how prevalent malpractice is, and the answer is very.

The fact is that medical malpractice is the 3rd leading cause of death in the United States after heart disease and cancer. This is according to the Journal of the American Medical Association.

What is medical Malpractice? Medical malpractice occurs when a health-care provider deviates from the recognized “standard of care” while treating a patient. The “standard of care” is what a reasonably prudent medical provider would or would not have done under the same or similar circumstances.

This manner of looking at a case helps determine if the provider was negligent.

Factors to consider when investigating possible malpractice include history, training, and whether proper risk management precautions were properly observed.

An experienced malpractice attorney is the best resource for answers when you or a loved one has possibly suffered medical malpractice.

The Law Firm of Lazarus and Lazarus has over 20 years investigating, litigating, and protecting the rights of victims of medical malpractice in Fort Lauderdale and all over the state of Florida. Calling 954-356-0006 will put you in touch with Gary Lazarus or Arleen Lazarus, and they will be happy to listen to your story and recommend the best course of action for your situation.

Edited by Hulsey Vazzer

Pharmacy Errors – There is Help for Victims

Some people may remember the days of the neighborhood, independent pharmacy. The kind of place where “everybody knew your name” and the pharmacist was more familiar with your medical history better than you were.

Most small towns had one or two pharmacies, or as they were called many years ago “chemist shops” or “apothecaries”. In my town, we just called it the drug store.

Today’s pharmacies are national chains and it seems there is one on every corner. These businesses require high-volume sales to stay competitive, and with more volume comes more potential for errors.

Pharmacy errors occur when the pharmacist gives the wrong quantity, dosage or type of drug to a patient. The Law Firm of Lazarus and Lazarus has extensive experience in the area of pharmacy errors, protecting the rights of victims for over 20 years.

A Lazarus and Lazarus Success Story:

We represented a 73 yr. old woman who went to her local pharmacy, a large national chain with a household name. While at the Pharmacy, our client filled a prescription for 10 mg. of Claritin, a popular allergy medication. Instead of filling her bottle with 10 mg. of Claritin, the Pharmacy mistakenly filled our client’s bottle with 10 mg. of Coumadin. Coumadin is a blood thinner and can cause life threatening problems if taken in large doses. Our client’s problem became compounded by the fact that she was already taking 5 mg. of Coumadin daily as prescribed by her doctor. Now, because of the Pharmacy’s negligence, our client was taking an overdose of Coumadin which caused her to begin bleeding profusely through every orifice of her body. An intern at Shand’s Hospital discovered the error and our client began to recover from this horrifying episode. A confidential settlement in the multiple six figure range was reached with the nationally recognized pharmaceutical chain.

If you feel you have been a victim of pharmacy errors there are several people who can be held accountable for what happened to you depending on the circumstances. Pharmacists, other pharmacy employees, and even the pharmacy company itself can be held liable for pharmacy errors.

Attorneys at Lazarus and Lazarus can advise you of your rights and assist you with recovering any compensation that might be due to you. Call 954-356-0006 to arrange a consultation.

Reckless or Boozed-up Boating is as Dangerous and Deadly as Drunk Driving

Fort Lauderdale is known as the “Venice of America” because of the miles of inland waterways, but actually all of south Florida is bustling with thousands of boats. On weekends and holidays the normally tranquil waterways and canals become treacherous maritime raceways with frequent serious collisions and accidents.

One such accident occurred this past 4th-of-July which killed four people, then another during the Columbus Day holiday killed a 29-year-old woman. It’s not yet certain if alcohol contributed to these incidents, but nationally it is the number one cause of boating deaths cited by the U.S. Coast Guard in 2012:

Contributing Factor———————-Accidents———-Deaths———-Injuries Operator inattention——————————-581————-47————-359 Operator inexperience—————————-417————-51————-303 Improper lookout———————————–391————-13————–278 Machinery failure———————————–346————10————–115 Excessive speed———————————–310————-31————-288 Navigation rules violation————————290————13————–236 Alcohol use——————————————-280———– 109————-227 Force of wave/wake——————————-228————–06————-204 Weather————————————————221————–43————-103 Hazardous waters———————————-184————–57—————92
The Law Firm of Lazarus and Lazarus has been representing victims of boating accidents for over 20 years, and they are experts in the field of maritime law. If you or someone you know has been injured in a boating accident, contact the Fort Lauderdale attorneys who have a solid reputation protecting the rights of their clients by calling 954-356-0006