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Juan Cordero Lawyers Abogados Personal Injury & Wrongful Death Lawyers

Lawyer Crime Victim Advocate Negligent Security Lawyer Miami Beach Hialeah

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Negligent Security | Call Our Experienced Injury Lawyers Juan Cordero Lawyers

Were you a victim of a robbery while leaving a grocery store, restaurant or mall? Have you been attacked in an apartment complex, concert venue, or parking deck? Were you injured in a shooting or have you lost a loved one due to the violent act of another? The moments and days after an attack are often a scary and overwhelming time for the victim and their family. Let us help. We understand these crimes have tragic and immediate consequences. Our Florida personal injury attorneys can help you through the process and determine if better security measures should've been in place to prevent your attack.

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HOLD THE RIGHT PEOPLE ACCOUNTABLE FOR YOUR INJURY.

While violent crime is unpredictable and seemingly random, sometimes crime victims suffer unnecessarily due to a preventable attack. This happens when a property owner or security company fails to use adequate security measures to protect the public. If you or a family member have suffered a preventable attack, our negligent security attorneys will work to get you the compensation you need and deserve. The expense from medical bills, lost wages, and pain and suffering can add up quickly. By bringing a claim and holding the property owner or security company responsible, you also encourage them to fix their lax protective measures which can save other families from future attacks and injury.

SOME EXAMPLES OF NEGLIGENT SECURITY ARE:

No security when the property owner knows about risks of attacks
Past attacks and no attempt at making the property safer
Poor or damaged lighting
Unlocked or broken gates or doors
Untrained or poorly trained security guards
Security guards not making appropriate rounds

BUSINESSES MUST BE SAFE FOR CUSTOMERS AND GUESTS.

Business and property owners are required by Florida law to provide a safe location for their customers, visitors and guests. If the owners fail to do so, they may face civil action for negligent security. Generally, there is no duty to protect against a crime committed by a third person. However, Florida law extends the duty to protect against foreseeable criminal acts, which are any acts that the owner could have taken reasonable measures to prevent.

The criminal assailant may not be the only one responsible for incidents such as:

Criminal assault
Attack with a knife, gun, or other weapons
Rape or sexual assault
Robbery
Other violence

At Juan Cordero Lawyers, we understand how upsetting and even painful it can be to suffer a violent assault, especially one that could have been prevented by simple security measures. While money doesn’t make everything better, it can help with bills, lost wages, and medical expenses incurred from an attack. Our personal injury lawyers are here to fight for you and your family 365 days a year 24/7. Call us now or visit your nearby office in Miami Dade Broward, Daytona, Fort Myers, Jacksonville, Kissimmee, Melbourne, Miami, N. Miami, Orlando, Tampa, St. Pete, and, West Palm Beach. Remote and virtual appointments are available. No costs or fees unless or until you win money.

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Juan Cordero Lawyers

Juan Cordero lawyer Assault Victim Lawyer

Crime Victim Advocate / Lack of Security Lawyer Cordero

Our cities have been plagued by crime for decades. A recent study by the Florida Department of Law Enforcement showed that our towns throughout the State of Florida have had huge spikes in crime. For instance, in Stuart, Florida once a sleepy little city is now 80 percent more dangers than other cities in Florida. Cities like Orlando, Tampa, Miami, Ft. Lauderdale, Palm Beach, Jacksonville, Ft. Myers and Port St. Lucie have seen the same kind of spike in violent crime over last several years. These spikes usually come with population growth and the change of demographics to one's area. Moreover, if there is a steady climb in youth unemployment this also fuels the criminal activity. Unfortunately, more violent crime in a city means more victims of crimes. Victims come in all shapes and sizes but the most common are persons that are severely injured by an assault of somekind like a shooting, stabbing or fist fight. These victims are left with injuries that last a life time and are almost always in need of economic assistance. In most cases many of these crimes can be prevented if the appropriate steps were taken at the place the crime occurred. In this I mean if a crime occurs at a place that is a shopping center, mall, nightclub, bar, parking lot, convenience store, apartment complex, hotel, gas station, concert, event or any other commercial establishment open to the public. In determining prevention of a crime we must first ask what is the crime in the local area. What has been the crime on the business owners property and in the surrounding area for the last 5 years. The surrounding area is for the most part 3 miles from the location of the owners property. One must also determine the status of the victim. Was the victim a business invitee or a trespaaser? Was he in a commission of a crime? What was his association with the person that committed the violent crime? Only a well qualified Negligent Security Crime Victim Advocate Lawyer can figure out the details in pursuing a complex legal issue as this. The lawyers at Cordero Benages Davies are among the top lawyers in Florida that handle Crime Victim cases. It is the details in cases as this that are the difference between the recovery you deserve for your damages. Call us today for a free consultation 305.525.8957 Juan Cordero Lawyers your Crime victim lawyer.

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Miami Florida Premises Liability Lawyer

Having a guest over never really crosses people’s minds as dangerous, but it can be. When an individual gets hurt on another’s property, many people do not realize that the property owner can be held responsible if the accident was preventable. If you have sustained injuries on another party’s property, such as a house, restaurant, store or hotel, you may be eligible to fight back for justice. Contact a Miami Florida premises liability lawyer today. .

You may be entitled to compensation if:

The property owner knew about the danger and should have taken necessary precautions to fix it at an earlier date to prevent any injuries.
The property owner was responsible for the un safe location
such as having an object blocking a walkway when it could have been stored in a safer place or knowingly having a broken staircase.
The property owner knew that there were hazardous objects on his premises and failed to correct the conditions.

Are Landlords Liable for Injuries

When would a landlord be liable for a tenant’s injuries? Just because a tenant was injured in the rental property does not necessarily mean that the landlord can be held responsible. Not only does a landlord have to be proven negligent, but the injury must have been foreseeable.

For instance, if a handrail is faulty, and a tenant falls because of this, then this was a foreseeable injury. The landlord would be considered negligent if he or she knew about the problem and did not take reasonably fast enough measures to repair the handrail. If a landlord negligentl to and their tenants developed illnesses as a result, they could be held liable.

If a tenant is vulnerable to criminal acts because of a landlord’s negligence, then this too would make a landlord liable. For example, if a landlord fails to install a deadbolt on the door and to ensure that all windows are able to lock, and a burglar enters through either of these portals, then the landlord could be liable.

In fact, if a common area (a parking lot perhaps) is poorly lit because a landlord failed to install sufficient light, and a tenant is attacked, then a landlord could be held liable.

Contact a Miami Florida Premises Liability Lawyer Today

At the Juan Cordero Lawyers Law Firm, our legal team has represented hundreds of individuals in the Miami Florida area with their personal injury and premises liability claims, and we are ready to help you as well.

We understand that an injury can have serious financial consequences on an individual and an entire family, which is why we plan to do everything in our power to help you regain momentum and find a speedy recovery! Despite how intimidating your situation may appear, we can fight relentlessly on your behalf!

At the Juan Cordero Lawyers Firm, we represent injured individuals all throughout the state of Florida, and with offices located in Miami Florida and elsewhere we are fully prepared

Elements of a Miami Florida Premises Liability Claim

The early case information that a will want to know is exactly how the event happened and when it happened. An attorney will likely also want to see photographs, if possible, and obtain information about what caused the injury, who owns the land, and any applicable home owner’s insurance. There are many elements to a Miami Florida premises liability claim that an experienced attorney can help to explain to their client early on.

Recoverable Damages

A person can recover damages for medical expenses if there are future medical expenses, past pain and suffering, and any permanent pain and suffering or permanent injuries that may last in the future. A person can also recover for lost wages or lost income from time missed out of work because of the injuries. If someone dies in a premises liability case, they can recover wrongful death damages.

Injuries

If it is a private land owner where a person goes to a friend’s house and they are injured there, they are going to be dealing with their individual home owner policy. If a person falls at a big box retailer or chain restaurant, they are going to be dealing with possibly a self-insured company or a larger corporate entity. There may be an incident report that is filled out and more investigated materials that are accessible to them as opposed to if it happened in a normal citizen’s home.

The severity of the injuries or a wrongful death claim where the stakes are higher, a person needs to have an attorney look at the case. If it is just a few bumps and bruises, it is probably not worth the injured person’s time or the attorney’s time. With serious, life-altering injuries or death of a person, it is worth having an attorney involved as soon as possible to conduct an investigation to find out exactly what happened.

LAW FIRM

Elements of a Miami Florida Premises Liability Claim

Recoverable Damages

Injuries

Contributory Negligence

Insurance companies are almost always going to argue contributory negligence which means that if a plaintiff is any degree at fault, even as little as one percent, it can be a complete bar to recovery. In premises liability cases, there is generally a duty for individuals to keep a reasonable lookout when they are moving about property or coming down steps. The defense almost always believes that the person injured failed to keep a reasonable lookout and that caused or contributed to the person’s falling or being injured.

Another angle they may argue would be that the landowner did not know or did not have reason to know about the defect. For example, if a couple of blueberries spilled in a grocery store and the store can show they were only on the ground for 30 seconds when the person fell, they did not have time to become aware of the defect and correct it. These are a few instances that defense attorneys would argue against the plaintiff for recovering for injuries from a premises liability case.

Working with an Attorney

Individuals should hire a premises liability lawyer if they have been injured severely or if they have had injuries that require ongoing medical treatment because they are probably going to have medical bills. In Miami Florida premises liability cases are difficult, so it may be that the insurance company is not willing to work with them easily. It may be important to have an attorney involved as soon as possible.

If the contributory negligence aspects seem a little too strong or if there is no evidence that the landowner did anything wrong, an attorney may turn down a case. For example, accidents happen where someone may slip and fall and the land owner or the property owner did nothing wrong to have caused or concealed it. Because premises liability cases are difficult and always fight allegations of contributory negligence, oftentimes attorneys will not take premises liability cases unless there has been a serious injury requiring medical treatment, surgery, ongoing physical pain and suffering, or in worst case scenarios, the wrongful death of the person. There are usually serious injuries when an attorney is getting involved in a premises liability case.

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Premises Liability Cases

How the various types of premises liability cases are handled depends on the severity of the injuries, as well as who the defendants are, who the land owners are, and who made the mistake. In some instances, the case may be able to be filed in state court and resolved relatively quickly. Some may be more complex and take longer. Overall, it depends on the facts of the specific case.

Raleigh premises liability lawyers are going to be looking at the significance of the injury to the person when they begin a case, like whether it was permanent or severe enough to require ongoing medical treatment, hospitalization, and surgeries. If you believe you may qualify for any of the common premises liability cases in Miami Florida and want to know the next step, you should contact us in Florida right away.

Common Liability Cases

Liability cases handled by a lawyer would generally include someone slipping and falling on another person’s property, home, or business, and the person who owns or leases that property knew about the condition but failed to correct it, or should have known about the condition to correct it, or failed to warn about it.

Common premises liability cases in Miami Florida involve a large defect on someone’s property, a defect on someone’s porch at their house, an issue with the interior of a store, a home improvement location, or a pet store or a grocery store that caused someone to injure themselves. An example might be in a grocery store if there was a product that the store sells that had spilled and had been there long enough that the store knew or should have known about its existence and nothing was done to correct it.

Common Locations of Accidents

Some common locations of Miami Florida premises liability accidents might be at a friend’s home where there are outdoor defects that may qualify. Other examples would be at a restaurant, a grocery store, or places where food items are served and may spill on the ground or cause problems that way. Another example could be a home improvement store which may have slick floors or any location where weather caused the parking lot to be snowy or slick. These are just a few examples of common premise liability cases in Raleigh, North Carolina that may arise.

Determining Liability

Liability is determined in these cases based on whether the landowner knew about the defect. Legal status of a visitor used to make a difference in a premise liability case. In Florida it would be how the distinction between invitees, licensees, and trespassers is made. Now there is no distinction. If a person is on someone’s property lawfully, they have a duty to warn or a duty to correct any defects they know or should know about.

Further, liability also depends on what caused the injury. If the individual is talking to a friend and not paying attention, falls and gets badly injured, it is probably not going to be a strong case. However, if the individual is on a set of stairs that collapses, it may be a stronger case. It depends on whether it was a freak accident, the person injured was not paying attention, or there was something that a land owner or occupier did that was negligent to cause or contribute to the accident

Miami Florida Commercial Property Premises Liability Lawyer

Commercial property is defined as property that is zoned and used for a commercial purpose, whether that be a restaurant, a business, an establishment that sells things, or any other non-residential piece of real estate used specifically for the purpose of earning revenue for a company.

Commercial property liability comes into play when someone is injured on a piece of commercial property as opposed to on residential property. If you have been injured on land of this kind and purpose, contact as soon as possible. A Juan Cordero Lawyers Miami Florida commercial property liability attorney will be able to guide and advise you on the best course of action as you choose your next steps moving forward.

Statute of Limitations

A commercial property owner has a duty to inspect and make sure their property is safe, which means making sure it meets safety code standards, safety ordinances, and that there are no major defects with the property, and if so bringing in the compliance.

For a liability. case on commercial property in Miami Florida, the statute of limitations is going to be four years from the date of injury and two years if a death has occured. After that, an individual harmed on commercial property will no longer have the legal ability to file a claim against the owners of said property.

How Liability Is Assigned

It depends on who owns, occupies, or leases the property where the incident occurred. There may be several possible defendants. For instance, an owner and lessee who both were on notice of the defect could both find themselves on the receiving end of a claim. It depends on the facts of the case, but commercial property cases tend to deal with multiple defendants.

Dealing With Large Corporations

When dealing with large corporations, they are likely going to have a headquarters outside of Florida which means dealing in federal court instead of state court. This is the case even if the injured person files his or her lawsuit in state court.

It is important to take into account that the larger corporations have seemingly unlimited resources, may sometimes be self-insured and have teams of lawyers. They are going to have internal investigations. They may have more internal documents that reveal knowledge about defects on the property than cases dealing with the residential land owner.

How an Attorney Can Help

Premises liability cases involving commercial property may involve more nuance and complexity than a normal accident case, because there are so many more moving parts as to how it could have happened.

It is important to contact the Juan Cordero Lawyers Miami Florida commercial property liability lawyer, especially if someone’s injuries are serious enough. There are going to be attorneys and insurance adjusters for the other side on the case immediately. If it is a serious injury, it is important that a potential plaintiff have the same team on their team ready to preserve evidence and fight for the victims rights.

If you need help you can also reach out to these non for profit organizations below they are there to assist victims with funeral expenses medical expenses therapy mental health counseling and loss wages.

Premise Liability Lawyer Juan Cordero Lawyers

Florida Premise Liability Lawyer Juan Cordero Lawyers

Premises Liability

Miami Premises Liability Lawyer Juan Cordero Lawyers

If yo were injured at someone else’s home or a commercial property, the person or entity responsible for maintaining the premises can be found liable. This can apply to a wide array of scenarios including but not limited to slip and falls, dog bites, assaults and falling objects. In Florida, a property owner or business establishment is ultimately responsible for the care, maintenance and inspection of their property. Premises liability is the body of law which makes the person or entity in possession of land or a building responsible for injuries suffered by individuals on the property. It has always been the case that a landowner has a duty to exercise reasonable care for the protection of invitees. At Juan Cordero Lawyers our goal is to maximize your compensation and seek justice for injured victims. The Miami premises liability attorneys at Juan Cordero Lawyers have been representing those injured in premises liability accidents for over 23 years. Our record of settlements and case results speak volumes. Our team will work hard to determine the cause of your injury and develop a strong premises liability case against the at fault party. When you hire our firm, your case will receive the care and attention it deserves.

Basics of Premises Liability

At Juan Cordero Lawyers, we believe knowledge is power. Below we will provide a brief overview of premises liability in Florida so that you can learn about the legal principles which ultimately give you the right to obtain compensation for your injury. Florida law requires an owner to use reasonable care to ascertain that the premises are reasonably safe for invitees and to use reasonable care to protect invitees from unreasonably dangerous conditions. The duty to protect invitees from unreasonably dangerous conditions is further broken down into two specific and independent duties: (1) to use reasonable care in maintaining the property in a reasonably safe condition; and (2) to warn of dangers of which the owner knew, or should have known, existed and which are unknown to the invitee and cannot be discovered through the invitee’s use of reasonable care. In a premises liability case, injury victims must prove negligence. This means simple carelessness. Negligence states that we owe a duty of care to others. This means that property owners or business entities must manage or control their premises in a way that does not put others at risk of bodily harm. Under Florida law, injury victims are required to prove their claims by the greater weight of the evidence. This is known as the burden of proof. If the burden of proof is met, property owners and business operators must pay money damages for the harm they cause.

Types of Florida Premises Liability Cases

As discussed above, persons who own or occupy premises may be liable for the injury to or death of a person on or near the premises that are under their occupation or control. Liability, under a cause of action for premises liability, is based on the negligence of the property owner or occupant in allowing licensees and invitees to enter an area on the property, without warning, where that owner or occupant could foresee that such persons might be injured by a dangerous condition on the property that is not readily apparent. Our premises liability attorneys have handled almost every type of premises liability case imaginable. We will apply our legal resources and years of experience to your advantage. Whether you have been injured at a shopping plaza, hotel, apartment building, condominium building, amusement park or public event, we can help. Our legal team has the skills to prove fault based on a property owner’s negligent actions, involving the following types of claims:

Slip-and-fall Accidents:

We aggressively hold residential and commercial property owners accountable for failing to take appropriate measures to avoid the existence of slippery floor.

Negligent Security:

Property owners are responsible for providing appropriate security measures to avoid harmful situations. We have experience pursuing damages against property owners who failed to ensure their property had proper lighting, trained security and other appropriate safety measures.

Failure to Repair:

These types of claims may involve broken railings, broken or poorly designed stairs or decks that could result in serious injuries. In all premises liability claims we seek to hold the property owners responsible for failing to maintain their premises.

Condominium & Apartment Building Accidents:

We take on condominium associations for failing to properly maintain their premises and provide adequate security.

Accidents at Schools:

When students are injured at school due to inadequate or no supervision, our premises liability attorneys will take action and pursues damages against schools for failing to maintain a safe environment for students.

Florida Premises Liability Law and Safety Rules

In a premises liability lawsuit, a complaint should allege distinctly every fact essential to the plaintiff’s claim. A plaintiff in a premises liability action must allege the defendant’s duty to the plaintiff and the defendant’s breach of that duty by alleging ultimate facts that show a relationship from which a duty is implied by law, and the acts and omissions that caused the injury, together with the allegation that they were negligently done or omitted; that the defendant had possession and control of the injury-causing instrumentality; that the defendant failed to warn the plaintiff of concealed dangers; and that the plaintiff’s injury was a proximate cause of the defendant’s negligence. The duty to protect others from injury resulting from a dangerous condition on the premises rests on the right to possession and control of the premises. This means that it is not ownership of property that determines one’s liability, it is whether the party has the ability to exercise control over the premises. The fact that there may be joint responsibility or control over the premises does not relieve one of the persons having such joint responsibility or control from the responsibility to maintain the premises in a reasonably safe control access to the property.

Compensation in Premises Liability Cases

If you were injured on someone else’s property, you may have the right to a monetary recovery. When you pursue compensation in a premises liability case, there are multiple types of damages you can request. These depend on your specific circumstances, as each type may not be relevant to your case. Additionally, the value of each class of compensation will vary depending on your circumstances and other factors. Here are some of the types of compensation available in premises liability cases:

Medical Bills and Expenses
Future Medical Care
Lost Wages
Loss of Earning Capacity
Scarring and Disfigurement
Pain and Suffering

Representing Victims of Premises Liability Accidents in Miami, Florida

Premises liability cases can present complex legal issues and can take a lot of resources to litigate properly. The appropriate liable parties will need to be identified and the scope of your recovery needs will have to be determined. You can seek damages for you medical expenses, lost wages and more. An experienced premises liability attorney can help you decide what personal damages are compensable in your particular situation. Our firm has more than 23 years litigating premises liability accident claims and we offer a strong voice to help accident victims hold property owners accountable for their negligent actions.

Contact Our Miami Premises Liability Lawyer Today

We represent victims and families in all premises liability claims. We know families have many concerns following an injury. As legal advocates, we make it our job to help you understand your rights, including the right to recover damages. If you sustained injuries on someone else’s property, you shouldn’t have to bear the entire financial weight of those injuries. Property owners should be held accountable for maintaining their properties in a reasonably safe manner. Assess the strength of your claim by speaking with a miami premises liability lawyer who is familiar with Florida’s premises liability laws. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.

Schedule a FREE Consultation! Call 305.525.8957

We serve clients throughout Florida including those in the following areas:

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.

Premises Liability

Miami Premises Liability Lawyer

Basics of Premises Liability

Types of Florida Premises Liability Cases

Slip-and-fall Accidents:

We aggressively hold residential and commercial property owners accountable for failing to take appropriate measures to avoid the existence of slippery floor.

Negligent Security:

Failure to Repair:

Condominium & Apartment Building Accidents:

We take on condominium associations for failing to properly maintain their premises and provide adequate security.

Accidents at Schools:

Florida Premises Liability Law and Safety Rules

Compensation in Premises Liability Cases

Medical Bills and Expenses
Future Medical Care
Lost Wages
Loss of Earning Capacity
Scarring and Disfigurement
Pain and Suffering

Representing Victims of Premises Liability Accidents in Miami, Florida

Contact Our Miami Premises Liability Lawyer Today

Schedule a FREE Consultation! Call 305.525.8957

We serve clients throughout Florida including those in the following areas:

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach. Stuart Port St. Lucie Vero Beach Okeechobee County Premises Liability - Lawyer

Juan Cordero Lawyers Premise Liability Lawyer Crime Victim Injury Lawyer

Store Shopping Center Negligence in Security Attorney

Apartment Complex Negligence in Security Juan Cordero Lawyers

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Store/Retail Negligence | Call Our Experienced Injury Lawyers Juan Cordero Lawyers

Personal injury can happen in the blink of an eye. The National Safety Council (NSC) reports that in a 5-year period Americans suffered 24 million disabling and unintentional injuries. Although shops are always trying to entice customers with sales or special events, they may not work as hard to keep stores safe and free of dangers. Unfortunately, once you have encountered a hazard it may be too late. Most of these accidents occur on a normal day in your local grocery store, shopping mall, hardware, or department store. Then you are hurt, maybe unable to work, confused, and unsure what to do next. Let us help you.

Email us at Juanjcorderolawyer@gmail.com

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DANGERS TO CUSTOMERS AT RETAIL STORES

There are countless potential dangers to customers at retail stores if a business isn’t doing all that it can to keep its premises safe for customers. Potential dangers include:

Loose mats
Improper or poor lighting
Wet floors or spills without warning signs
Products not properly secured or placed on shelves causing a falling or striking hazard
Disorganized aisles and ragged products that cause tripping hazards

It is important to document hazards that were present in the store as well as your injuries.

We can help you.

Unfortunately, retail businesses don’t always have a customer’s best interest at heart. Do not assume the retail store will protect you or document the incident properly. The lawyers at Juan Cordero Lawyers have experience with store/retail negligence cases and understand how to best ensure that our client’s injuries and the incident that caused them are properly documented.

As an injured customer you may be offered condolences or apologies at the time of the fall, but when it is time to hold the store accountable for the medical expenses and lost wages, those apologies and condolences disappear. Additionally, many times the employees or other customers who were witnesses at the time are no longer available to corroborate your story.

OUR EXPERIENCE

Our lawyers are familiar with the many dangers that can await customers at their local retail shops and we understand the types of injuries that can come from these incidents. Our negligence attorneys are familiar with the practices of retail business and we know how to protect our clients and prove negligence. If you are injured in a grocery, mall, restaurant, hotel, hardware, or other retail stores:

Seek immediate emergency medical assistance if necessary - document care
Report the injury to store management
Document the dangerous condition/situation
Make note if the store knows about the dangerous condition previous to your incident
Request a copy of the incident report and contact information of store management
Ask the store to preserve any video evidence from store surveillance
Follow up with a medical professional - document ongoing care

We know that any injury, large or small, can have a serious impact on your quality of life and those you love. We have the skills and experience to show the retail business or jury why you deserve compensation. This is why we want to be your attorney. Call Juan Cordero Lawyers today to put us on your team. We are here when you need us 365 days/year 24/7. Remote and virtual appointments are available. No costs or fees unless or until you win money.

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Attorney AirBnB Assault Case Juan Cordero Lawyers

Attorneys to Help Fight Your Airbnb Assault Case | Call Our Experienced Injury Lawyers Juan Cordero Lawyers

No one expects an attack on their personal safety when booking a vacation rental at an Airbnb stay. Yet, sexual assaults in these rentals get reported more frequently than you may have imagined. Like the increase in Uber assaults, thousands of assault incidents occur in Airbnbs yearly.

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If you've stayed at a vacation rental and experienced an attack, you might have concerns about what to do afterward. You might wonder if you have the right to file a lawsuit or consult a lawyer. Is Airbnb liable or the host?

Meeting with a lawyer can answer these questions. You could be owed compensation after an Airbnb assault. The personal injury lawyers at Juan Cordero Lawyers are experts at holding those responsible for the harm done to you.

How Common Is an Airbnb VRBO Assault?

The vacation rental sector is a massive part of the hospitality industry. Airbnb and VRBO monetize private homes by providing a marketplace for short-term rentals. The revenue of this industry was valued at over $13 million in 2021, with one in eight people staying as a guest.

Those numbers provide a wide opportunity for predatory behavior such as sexual assault. The vacation rental industry is built on trust. Guests trust both their host and Airbnb to provide them with safe and secure accommodation.

But, this isn't always the case. In 2016, an Australian woman was allegedly sexually assaulted in her Airbnb rental at knifepoint in New York City. This led to a $7 million payout from Airbnb.

This incident led to the company creating a crisis management team to handle incidents with customers. Many lawsuits get filed against Airbnb every year. Now, the crisis management team is in place to get ahead of bad PR.

Although nondisclosure agreements and binding arbitration clauses keep damages secret.

While assaults take place in all kinds of locations, vacation rentals through Airbnb and VRBO break the trust regarding safety between the company and the customer. According to travel research from John Jay College of Criminal Justice, 6.1% of complaints from Airbnb guests were for unsafe conditions. These unsafe conditions include "serious safety issues" of bodily assault and "hidden cameras."

What Is a Sexual Assault?

Sexual assault is more than rape. Federal, tribal, and State law define sexual assault as any non-consensual sexual act. This includes when the victim is unable to provide consent. Unwanted touching, kissing, and bodily contact are all forms of sexual assault.

A sexual assault at an Airbnb rental may involve:

Hidden cameras
Inappropriate touch
Sexual verbal comments
Rape
Molestation
Intimidation or threats

Steps To Take After Sexual Assault

Sexual assault often leaves survivors with trauma through emotional and physical injury. Every incident is different and needs personalized recovery. Yet, the immediate steps to take after an assault are similar.

The first step to take is to make sure no further injury can occur. Get to a safe location and call 911. Try to keep calm as the body goes into shock and the fight, flight, freeze response gets activated.

While the first thing a victim of sexual assault may want to do is have a shower, to preserve evidence it is recommended not to do so. At the hospital, a Forensic Nurse Examiner can collect physical evidence and document injuries. A strong case against an assault often includes physical evidence.

For immediate support, call the National Sexual Assault Hotline. The trained support workers listen to your story, provide local resources, and help you report your assault.

Take the time to document your immediate experience. Write down or make an audio recording of the events. Try to be as detailed as possible by recording the time of day, smells, or sounds that happened before or during the assault. If possible, take photos of the scene of the assault.

Memory changes each time an event gets remembered or re-told. While reaching out to a friend is important for an individual's well-being after an assault, memories can fade or alter the more they get explained or relived. Therefore, keeping a personal record of the assault is helpful for a legal case.

Make sure to keep all records of your stay at the Airbnb. Any emails and financial statements that prove the dates and confirmation of the vacation rental are important for a legal case.

Who Is Liable for an Airbnb VRBO Assault?

If you have been a victim of an Airbnb assault, it is in your best interest to contact a lawyer who specializes in personal security issues. They can help navigate who is legally responsible for your mental and physical injuries.

Airbnb assault case liability depends on the circumstances of the assault. Every incident has a different scenario that led to the possibility of an attack. These details are important to determine liability.

Due to a high number of incidents, Airbnb created its Host Liability Insurance program. This program protects hosts from legal liability for injury. For each occurrence, the host property limit is $1,000,000. If the insured host sexually assaulted or caused assault and battery, they get excluded from the Host insurance.

Therefore, a victim of an Airbnb assault can file a claim through this insurance policy. If someone breaks into your vacation rental and assaults you, you can file a claim through the Airbnb insurance program. This also applies if you are sexually assaulted by someone visiting or staying in your rental.

If the attacker is the Airbnb host, the case becomes more complicated than a simple insurance claim. Filing a lawsuit against the host is necessary in this case and there are likely grounds for a dual case against Airbnb.

AIRBNB VRBO ASSAULT LIABILITY

Seeking out support with a lawyer who specializes in Airbnb assaults is necessary if someone or the company requests you to sign a non-disclosure agreement regarding your sexual assault. A lawyer can also help you determine if Airbnb provided proper background checks on your host.

Airbnb may have received prior complaints regarding the host. If they knew the host was a danger and did nothing to prevent further issues, they are likely liable for damages.

Compensation for Airbnb VRBO Assault

Sexual assault leaves a large impact on survivors. Post-traumatic stress disorder, depression, and crippling flashbacks are all common after an assault. Victims of assaults deserve compensation for the impact on their quality of life.

While financial compensation can't take away the impact of the event, it does help with recovery. Damages get provided to cover:

Cost of medical expenses for treatment
Cover lost wages or earnings for recovery
Pain and suffering caused by distress or physical injury
Other costs denied by insurance coverage

Punitive damages may also apply. This is compensation used to punish the person responsible for the assault. Family members are likely eligible for compensation if their relationship with the victim changed due to personal injury.

Physical injuries are easier to prove, but emotional injuries are just as important. Expert legal representation ensures both categories of injuries get victim compensation

Airbnb VRBO Assault Case Statute of Limitations

Statute of Limitations is the time limit for starting a legal proceeding. The location of the assault determines what the Statute of Limitations is. Each state has its own limitations for sexual assaults. Many states have no limitations for sexual assaults, while others have limits as low as a few years.

Despite this fact, there are good reasons to pursue a case against Airbnb if your assault occurred years ago.

Airbnb spends millions of dollars every year to keep assaults that happen at their host properties out of the public eye. Even if an assault occurred many years ago, there is a good chance you are eligible for damages.

Hiring a lawyer for your Airbnb assault case helps with:

Handling all correspondence with insurance claims
Getting compensation for recovery
Representing you for legal proceedings
Keeping documents, appointments, and testimony organized

Discussing your case with the lawyers at Juan Cordero Lawyers will provide you with the next steps for getting what you deserve.

Hire a Lawyer for Airbnb VRBO Assault Case

The experts at Juan Cordero Lawyers understand the emotional impact of surviving a sexual assault. No one deserves to experience a violation. Renting an Airbnb is based on trust, so having your trust violated by assault is something that deserves punishment. It is a confidential environment at Juan Cordero Lawyers for telling your story.

Our personal injury lawyers are here to fight for your rights. While compensation can't take away the experience of the assault, it can help you overcome it.

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