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$500,000

Negligent Security Premises Liability

Miami-Dade County, Florida

About This Case

Our client was a guest at a major hotel in Miami-Dade County when he was violently attacked on the property. The assault left him with a severe open head wound requiring multiple stitches and a traumatic brain injury with lasting consequences -- including loss of consciousness, memory loss, chronic headaches, and a range of debilitating neurological symptoms.The hotel had contracted with a private security company to protect guests on the property. That security presence failed. Rather than intervening or calling law enforcement when a situation escalated, the on-site security guard became directly involved -- and our client paid the price with a serious head injury.This case went to trial twice. The first trial ended in a mistrial due to juror hardship. The second trial also ended in a mistrial -- this time because defense counsel engaged in deliberate misconduct during cross-examination of our client, injecting irrelevant and highly prejudicial information before the jury. The court granted an immediate mistrial and our firm filed a Motion for Sanctions.Facing a third trial, mounting sanctions exposure, and a liability admission on record from their own security guard captured on video deposition, the defendants resolved the case for $500,000.

How Mausner Group Won

We exposed the security failure on the record. The hotel's contracted security guard gave video deposition testimony that was devastating to the defense. She admitted on camera that her protocol required calling 911 when a situation escalated -- and that she failed to do so. The trial court ruled this testimony admissible over defense objection.We turned defense misconduct into leverage. When defense counsel attempted to ambush our client on the stand with a decade-old, irrelevant reference to a prior hospitalization, the court immediately declared a mistrial. Our firm filed a Motion for Sanctions the same day, seeking over $100,000 in combined attorney's fees and costs.We held the line through a difficult case. Our client had prior history the defense intended to use against him. We anticipated those attacks, prepared accordingly, and kept the focus where it belonged: on the hotel's failure to provide adequate security.

Recovery
$500,000
Case Type
Negligent Security Premises Liability
Location
Miami-Dade County, Florida
Injury
Open Head Wound / Traumatic Brain Injury
Outcome
Settled
Legal Issue
Negligence / Respondeat Superior / Vicarious Liability

Frequently Asked Questions

What is negligent security?

Negligent security is a premises liability claim. Property owners and operators -- including hotels -- have a legal duty to take reasonable steps to protect guests from foreseeable harm.

Can I sue a hotel if I was assaulted on the property?

Yes. If the hotel knew or should have known that the property posed a risk to guests and failed to take reasonable precautions -- including maintaining adequate security personnel -- you may have a claim.

What if I have a prior criminal record or complicated personal history?

It does not disqualify you. An experienced plaintiffs' firm anticipates those tactics and prepares to counter them.

What is a mistrial?

A mistrial is a declaration by the judge that the trial cannot continue and the jury cannot reach a valid verdict. Mistrials can result from juror issues, procedural problems, or attorney misconduct.

Can attorney misconduct during trial affect a settlement?

Yes. When defense counsel causes a mistrial through deliberate misconduct, the plaintiff's attorneys can seek sanctions -- including attorney's fees and costs. That financial exposure can significantly increase pressure on defendants to settle.
This case result reflects a specific set of facts and circumstances and is not a guarantee or prediction of outcome in any other matter. Past results do not guarantee future performance. Every case is different. This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Mausner Group Injury Lawyers PLLC is a Florida law firm. 

About Mausner Group Injury Lawyers 

Mausner Group Injury Lawyers is a Miami-based plaintiffs' personal injury firm representing seriously injured clients across Florida and beyond. The firm handles auto and truck crashes, maritime and boating accidents, premises liability, negligent security, medical malpractice, wrongful death, and other serious injury matters statewide. Mausner Group's attorneys are trial-ready from day one and pursue every available defendant and insurance dollar on behalf of clients who deserve full compensation. 
Office: 25 SE 2nd Avenue, Suite 808, Miami, FL 33131 
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