I went to get gas with my boyfriend and got a phone call. So I walked to the side of the building so I could hear better. There was a man setting on the curb. I nodded and said hello. I don't remember anything after this. The video showed him picking up a huge chunk of concrete and hitting me over the head. My boyfriend ran to me and when the guy saw him he took off running. There was a car wash next door and the guys heard the commotion and ran over and told my boyfriend that they had kicked him off there property for trying to break into cars. The video showed him hanging around for a long time at least an hour before I got there. I was in ICU 10 days brain bleeding, swelling and fractured my orbital. My vision is still blurry and I can't see well out of that eye. My med bills are120k.
When did this incident take place? Have you consulted with any personal injury lawyers in your area? It sounds like a tough case. Does the gas station own/operate the car wash?
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Its the attackers fault.
Depending on circumstances, the gas station owner might be held liable and depending on circumstances Shell might be found liable too--but it all turns on facts and circumstances not in your post. See a personal injury attorney in your area ASAP--but don't hold your breath on being able to bring a suit against Shell--have the conversations, sure, but don't get yourself in the wrong frame of mind.
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I'm sorry to hear about your injuries you sustained. Ultimately, more information is going to be needed to determine if you have a potential case. Sometimes business owners can be held accountable when they fail to provide security for their premises and it is foreseeable that a crime might take place there. I would contact a personal injury attorney who can look into this and other factors to see if you have a potential case. Do not wait, as Florida has a limited time to bring these types of cases.
Based on the facts you provided, you likely have a claim against the gas station for negligent security. There are many factors that go into a successful negligent security claim. One of the most important things a lawyer does is investigate the claim as soon as possible. The sooner you hire a lawyer, the sooner the lawyer can begin to gather valuable evidence for your case. I am so sorry to hear about your traumatic experience. Please hire a lawyer as soon as possible and focus on getting better.
Although I am happy to give my opinion freely based on my knowledge, experience, and training as a personal injury attorney, the opinions I give in response to questions posed on AVVO should not be construed as legal advice and should not be relied on to make legal decisions.
This is a very serious potential premises-liability case and you should consult with a personal-injury lawyer as soon as possible. Try to have as much information ready to provide when you call (chronology of events, copy of the video, photographs of your injuries and the premises, correspondence from Shell - or the insurance adjuster). Our firm has a second office in Lakeland and handle cases in Tampa. Feel free to call - or certainly feel free to call another firm in your area. Either way, you need to speak with a persona-injury lawyer sooner rather than later. Happy New Year and good luck to you.
This is a CLASSIC "negligent security" case and you need to retain legal counsel IMMEDIATELY. Our office has handled a number of such cases over 25 years of personal injury litigation as we typically associate one of the, if not THE, preeminent lawyers in Florida that focuses extensively on such cases. I point this out simply so you understand the perspective of my following comments. The KEY is being able to establish that the property owner had sufficient knowledge of the threat and failed to take proper precautions or actions either to warn invitees on the property (customers) or to protect them from an anticipated harm. This is CRITICAL as generally property owners are not responsible for the criminal acts of others nor if the property is simply the SITE of the criminal event. At the very early phases of such cases, there is a GREAT DEAL of investigation typically needed to establish liability, part of which you mentioned, such as whether the car wash personnel notified the gas station employees about this guy, whether the police were called, etc. Unfortunately, as time passes, such witnesses leave, forget, or are persuaded not to get involved so its critical to get a lawyer knowledgable and experienced in negligent security cases as quickly as possible.
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Could be an "inadequate security" claim against Shell. Avvo has a great lawyer finder tool to locate an attorney. Good luck.
You should consult with a personal injury attorney familiar with lack of security claims. This can be a difficult case to prove, and you will need an analysis and testimony from a security expert to show whether or not the gas station should have anticipated a problem to their customers, and therefore should have had increased security. Certainly, the assailant is liable, but most likely judgment proof.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Shell may be responsible to you for money damages, including your medical expenses, lost earnings an pain and suffering. The liability would be due to possible negligent security. You should contact a lawyer to get specific advice about your rights. Good luck.
You could potentially have a negligent security case. If the gas station knew about this man being a danger which it sounds like they did and allowed him to remain in the "zone of danger" it is a good chance they are liable. Case law in Florida is very clear on what constitutes "zone of danger." It is important to consult with a lawyer to review the insurance policy of the gas station. I have no doubt that initially your claim will be denied basing this on an intentional act which is generally never covered by insurance. This types of cases generally always need an attorney for review. The good thing is that an attorney will not charge you for a consult and the case will be handled on a contingency fee basis. Given the severity of your injuries please consult with an experienced attorney that has handled these types of case as they can be tricky.
First off, I'm sorry to hear about what happened to you. You should need to speak to a personal injury lawyer immediately so you can get the the ball rolling.
The length of the law suit really depends on a number of factors, it could be done in months or years. It's really difficult to say without evaluating your case in full. We had a case very similar to this, and I think it was a good case.
Best of luck.
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