Carjacking Victim Sues Miami Hotel
A female carjacking victim recently filed a premises liability lawsuit against JW Marriott Marquis Miami hotel and its valet company, Park One of Florida, alleging gross negligence for its failure to take reasonable measures to prevent the incident. The plaintiff’s husband is also party to the suit, claiming loss of consortium.
In September 2014, the plaintiff’s vehicle was stolen by a man posing as a valet while her bags were unloaded in the parking lot of the hotel. The would-be thief jumped in the vehicle while the engine was still running and after being confronted by the victim, drove backwards into another vehicle, pinning two employees.
According to the suit, the thief was a serial carjacker who robbed six other hotels in 2014 including the Viceroy Miami Hotel and the Marriott Brickell Hotel. According to the plaintiff’s lawyers, the Marriott Brickell Hotel captured footage of the thief and sent several still images over to the Marquis Miami hotel.
Despite knowing a serial carjacker was targeting area hotels, including another Marriott in the area, the defendant took no steps to prevent a similar incident from taking place, the complaint alleges. The thief in this case was eventually arrested and charged with multiple felonies. The carjacker was sentenced to 20 years in prison for his crimes.
Miami premises liability lawsuits
Florida’s negligence laws hold property owners must take reasonable steps to prevent foreseeable accidents from occurring on their property. In this case, the plaintiff alleges the Marquis Miami hotel was “on notice” about the string of car thefts in the area, including one that took place just a few days before the incident related to this case.
To be successful in a premises liability lawsuit, plaintiffs must prove four key components of negligence. This includes:
- Establishing the property owner, maintenance company, or security contractor was aware of potentially hazardous conditions on the property;
- Proving the property owner or contractor failed to take reasonable steps to mitigate these foreseeable hazards;
- Demonstrating causation between the plaintiff’s injury and the property owner’s negligence; and
- Showing the plaintiff suffered damages as the result of his or her injury suffered on the property.
Premises liability lawsuits involved complex litigation and requires experienced and dedicated counsel. Often times, defendants may attempt to blame victims for the injuries they incurred and may make the process an uphill battle for those seeking the compensation they deserve.
Miami premises liability lawyers
While The Pendas Law Firm did not provide representation to any of the parties involved in this particular case, our experienced Miami premises liability lawyers regularly represent the legal interests of victims hurt by the careless and otherwise negligent behavior of property owners and the companies contracted to tend their premises.
Premises liability injury victims may be entitled to various damages depending on the circumstances of their injuries. This may include compensation for medical bills, hospital expenses, lost wages, pain and suffering, mental anguish and other damages. If you or a loved one were hurt by dangerous conditions on someone’s property, contact us for a free legal consultation.
Our office represents clients in Orlando, Tampa, Fort Myers, Jacksonville, West Palm Beach, Fort Lauderdale & Miami.