Florida Stand Your Ground Law Under Attack Due To Unarmed Teenage Shooting

Our Fort Lauderdale wrongful death attorneys wish to express our sincere condolences to the family of 17-year-old Trayvon Martin who was shot and killed by a neighborhood volunteer watchman last month. It is devastating to lose a child, and even more disturbing when there is uncertainty surrounding your child’s death. Although George Zimmerman has admitted to shooting the teen on February 27, 2012, he claims that his actions were based on self-defense. So far, the events which happened on that night are unclear, news sources are reporting that evidence from recorded police calls between Zimmerman and police indicate that the volunteer watchman had telephoned law enforcement to advise them that he was following Martin whom he described as looking “suspicious”, but the dispatcher informed him not to pursue the youngster. Nevertheless, Zimmerman failed to obey those orders and claims that teenager attacked him and as a result he shot Martin in self-defense.

However, the Martin family, several private citizens and civic leaders from around the country feel quite different since the minor did not possess any weapons at the time of the incident and believe that Zimmerman should face criminal charges, including murder. But, Zimmerman has not been arrested or charged with any crime and the national outcry over this tragedy has prompted federal officials to further investigate the circumstances surrounding the teen’s death and has sparked a dispute about whether or not the watchman should be allowed to escape criminal or civil liability because of the Florida’s Stand Your Ground law.

This law, which is an essence, a self-defense argument, became effective in October 2005. Basically the law says that regardless of where a person may be and if that person faces an attack in which he or she reasonably believes that the attacker imposes an imminent danger to the person of suffering from seriously bodily injury or death, and then the person does not have a duty to retreat before applying deadly force. Prior to the enactment of this law, Floridians had the duty to retreat or to use any reasonable means necessary when outside of their home before using deadly force against their attacker.  Also, State Attorney Norm Wilfinger announced on Tuesday that this case will go before a Seminole County grand jury.

There is no doubt that this Florida personal injury case  is complicated and presents some challenging legal issues for the Martin family and those who face similar situations. In these types of cases it is important to seek the advice from an attorney who practices law in the areas of personal injury and wrongful death immediately so that a comprehensive investigation can be conducted. Further, whether or not Zimmerman could be held civilly liable will depend upon a number of factors, including whether or not if he was the original aggressor who caused the confrontation and thus relinquished his legal privilege to the self-defense argument under the Florida Stand Your Ground law which is now at the center of an unarmed teen shooting.

If you or a family member is facing a similar situation, you should consult with a Fort Lauderdale personal injury attorney immediately to discuss your case and what legal remedies that may be available for you in order to sue the person responsible for causing the death of your loved one.   

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Personal Injury Lawsuit Filed Against Wal-mart By Mother and Son

In July, an Orlando mother and her son filed a personal injury lawsuit against retailer Wal-Mart, alleging they were assaulted by store security officers. According to the Orlando Sentinel, on November 14, 2009, the plaintiffs Paula and Justin Ohle were shopping at the retailer’s location in Orange County and had purchased a television. Apparently, after opening the box, they discovered that the package contained a different television other than the one they believed they had purchased. Thereafter, they contacted store management and claimed that they were told they would be issued a refund. But, according to the report, the plaintiffs said that when they tried to return the television, they were confronted by store security who attempted to remove them by force.

Further, Plaintiff Paula Ohle alleges in the lawsuit that store security pushed her to the ground and “violently” subdued her son. Additionally, the plaintiffs contend that they were falsely accused of committing crimes. Both plaintiffs were arrested as a result of the incident. Plaintiff Paula Ohle was arrested on trespassing and battery charges, and her son Justin Ohle was arrested on trespassing and resisting an officer without violence. According to police reports, the plaintiffs became very upset after store security refused to let them return the television and Paula Ohle punched the security officer. However, the State Attorney’s Office dropped charges against Paula Ohle saying that the charges were not suitable for prosecution. Justin Ohle’s charges were dropped after completion of a pre-trial diversion program.

Based upon this report, it is unclear whether or not the security officer was an employee or had been performing duties as an independent contractor of Wal-Mart. The status of an individual who performs work related duties for a company or business is an important factor when attempting to seek recovery for damages in a personal injury lawsuit. However, a Fort Lauderdale personal injury lawyer knows that there are viable legal doctrines in which individuals can seek in order to recover damages for injuries sustained in a similar incident.

Most Fort Lauderdale personal injury lawsuits of this nature involve some form of negligence. And a civil action can be commenced against a company or business based upon the legal doctrine of respondeat superior. Under this legal principle, an employer can be held vicariously liable for any tortious acts which are committed by its employees during the scope of his or her employment. In other words, when an employee commits a tort against a customer, or business invitee, the courts can impose liability upon the employer. A customer is a business invitee when he or she visits the place of business for the purposes of conferring a legitimate monetary or business benefit to the business owner.

Although generally, there is a no-liability rule in cases that involve businesses and independent contractors; however, there are exceptions to this rule. And, Fort Lauderdale negligence attorneys can help individuals recover damages in a civil action when the tortious acts are committed from the actions of independent contractors. This type of claim arises when liability can be imputed directly to the employer due to the employer’s own negligence. For example, when the employer is negligent in hiring a competent contractor.

If you or a loved one has been involved in a similarly situated incident you should speak with a Fort Lauderdale employee assault attorney who can advise you whether or not you have a legal claim to recover damages for any injuries or harm which you have sustained.

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