Miami-Dade County Premises Liability Final Summary Judgment

Miami Partner, Jason Villares, obtained final summary judgment in favor of a homeowners’ association in Miami-Dade County. The Plaintiff alleged that shortly after arriving on the association’s property to visit a friend, plaintiff was shot in the chest and leg by the person plaintiff was visiting. Plaintiff’s friend also attempted to cut plaintiff’s throat. Plaintiff suffered serious injuries and alleged severe psychological trauma as a result of the attack. Plaintiff filed a lawsuit against the homeowners’ association alleging the association was aware of the assailant’s violent propensities due to a prior weapons-related incident on the premises involving the assailant.

The association moved for summary judgment arguing that the assault was premeditated, and that the association did not owe a legal duty to warn plaintiff of the danger of crime or to protect the plaintiff from criminal assaults occurring inside of a private home within the community. The trial court agreed with these arguments and granted final summary judgment finding, as a matter of law, that the incident was not proximately caused by the alleged negligence of the association.

Jason Villares
(786) 268-6465

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