Boca Raton Lawyer for Assault + Battery Victims
Assault and batteries occur when people are out in public living their daily lives. It might have occurred at a shopping mall, a nearby grocery store or while you were pumping gas. While the assailant is responsible, often they disappear after an attack and they will never be held responsible for the damage they caused. Rarely is the assailant ever apprehended. You have serious injuries and you believe no one will be held accountable.
That is where Boca Raton assault victim attorney Brian Schwechter can help. We work hard to determine whether the landowner is responsible for you injuries. We do this through: 1) a rapid response investigation 2) Searching for witnesses. If you were injured in an assault or fight in West Palm Beach County, contact our law offices today at (561) 935-9243.
Florida Assault and Battery Laws
Under the law, a landowner or store owner, may be held responsible for this vicious attack. A landowner has a duty to make reasonable precautions to keep you safe.
For example, let’s say you were injured when attacked by a drunk patron. Did the bar or restaurant that served the assailant have a responsibility to stop serving a patron who is clearly intoxicated? Did the bar/restaurant have enough security to reasonable control patrons they should expect to become intoxicated? Even if they had enough security, was the security personnel properly trained for incidents like yours? How long had they worked there before your attack? How did they communicate to each other if one of them saw a problem? Did they have cameras and were the cameras operational? What neighborhood were you in when you were injured? Is this Worth Avenue in Palm Beach, or a sketchy area?
Pursuing a Lawsuit for Assault Injuries in Boca Raton
Speed is critical in a negligent security case. As the days and weeks pass, possible witnesses will forget critical information that could have helped your case. At Schwechter Law Group, we are on the scene as soon as possible searching for the evidence needed to demonstrate that the security was lacking. Our standard procedure is:
- Search for Accident Witnesses and “Custom” Witnesses;
- Inspect the Crime Scene and Secure Evidence
- Examine Crime Grids
- Contact Investigating Agencies
Accident witnesses are exactly what you think they would be, witnesses who actually saw the incident that caused your injuries. An incident witness can establish what lead up to the incident, how the incident actually happened (often they remember step-by-step) and who was involved in the assault. Often accident witnesses testify that the victim, you, was an innocent victim that did nothing to provoke this attack in any way.
Custom witnesses are very different than scene witnesses. An accident witness remembers how the crime occurred, custom witnesses can establish how the property was maintained or how the business operated over a period of time. Here is an example of a custom witness. We counseled a client who went to a gas station, filled up his tank and then asked for a key to use a gas station bathroom. The bathroom was not in the store, but instead located around the side of the gas station. The client went into a one-room bathroom. He closed the door. Moments later, an assailant entered the room and struck our client on the head while robbing him. Our client suffered serious head injuries.
The attorneys representing the gas station argued that the client was partially responsible for the attack because he failed to watch to see if anyone around before he began to enter the bathroom. Defense attorneys argued the client should have been perceived the attacker nearby. Our client stated he was already in the bathroom when the attack began, not entering the bathroom. The defense argued that could not be the case because the bathroom door, when closed automatically locks. When we inspected the bathroom and door we found that, as the defense stated the door, when closed, did automatically lock.
During our investigation, however, we were able to find a witness who lived in the neighborhood who stated it was widely known the locking device on the bathroom was broken for years before this accident. The witness told us the lock had been jammed on purpose, so the lock would not work when the door was closed.
With that witness’s testimony, we were able to argue that after the accident and before we were allowed to inspect the door, the property owner had fixed the lock, to make it appear the lock had always worked properly. Suffice to say, the case quickly settled after that.
So, as you can see, an accident witness or custom witness can make THE difference in your case.
You have to have an attorney that will go the extra step to leave no stone unturned in gathering evidence to prove your case. At Schwechter Law Group, we have the experience and know how to gather the evidence you need to get the compensation you deserve. We search out accident and custom witness so we have the evidence to get you the compensation you deserve.
Inspecting the Assault Crime Scene for Evidence
Depending on the facts, a site inspection can be very important. For example, if your assault occurred at a bar, what was the lighting in the area? A police report will never discuss the lighting, but it may be a very critical component to show that the landowner did not take reasonable steps to keep you safe.
Was there video that showed the incident? If they had camera, but the video is “missing” why is it missing? Was it purposefully destroyed edited or deleted?
Another part of our fact gathering is to inspect a crime grid. A crime grid indicates where crimes have occurred in a certain area. If there was a significant amount of crime in the area near where your incident occurred, a court may find the landowner should have foreseen the type of assault that you were the victim of, and taken preventative measures. Such preventative measures could include deploying cameras, hiring additional security or upgrading a parking lot’s lighting.
Boca Raton Injury Lawyer Fighting for Victims of Assault in West Palm Beach County
At Schwechter Law Group, it is our job to determine whether a landlord breached their duty to keep you safe. Call (561) 935-9243 for a free consultation today.