MSZL&M secures voluntary dismissal with prejudice based on statutory immunity in negligent security case
TAMPA, Florida (August 2017) – In a Florida case, a plaintiff brought a premises liability claim against our client for negligent security and insufficient lighting where the plaintiff alleged he was attacked, robbed at gunpoint, and sustained a gunshot wound on our client’s commercial property.
Attorney Regina Henderson discovered the plaintiff himself actually was on the premises to perpetrate a crime at the time he was attacked. Ms. Henderson then identified a Florida statute providing owners of real property immunity from liability for injury to trespassers in certain circumstances, including injuries sustained when the trespasser is attempting to commit a felony or is engaged in the commission of a felony. With this statute, Ms. Henderson was able to effectuate a voluntary dismissal with prejudice without the need for a summary judgment or other costly litigation.
Ms. Henderson practices in the firm’s Tampa, Florida, office and focuses primarily in the areas of premises liability, automobile liability, products liability, and civil trial practice.