Articles Tagged with negligent security

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Josh was a broken man. Devastated from an unspeakable shooting tragedy that ravaged his family he was disillusioned from having his case turned down by Florida’s most prominent negligent security firm. When his personal family attorney tried to refer Josh to that other firm, he heard things like ‘impossible’, ‘a tragedy but not a case’, ‘likely to lose’, and then he heard ‘NO’. Those sentiments were terrible blows to Josh’s already gaping open-wounds. He felt completely and utterly hopeless.

Luckily, Josh’s well-intentioned family attorney did not take ‘no’ for an answer and reached out to Tom Scolaro having heard of his tenacity and success where others have said ‘no’. Mr. Scolaro understood that this case was previously investigated and vetted and ultimately declined by this top negligent security firm. Having litigated and tried many negligent security cases, he was not going to let another law firm’s decision affect his independent analysis. Mr. Scolaro saw a family man that was hurt and grieving for his loss and promised that he would take a fresh look at everything and turn over every stone. Despite the daunting facts, bad law and a team of expert witnesses that were sure to be hired by the biggest defense firms in the country, Mr. Scolaro had a hunch. On that hunch, the Leesfield Scolaro firm took on the case, immediately filed the lawsuit and began intensive litigation which lasted over a year. Through discovery and depositions, Mr. Scolaro was able to prove that the assailant that killed his own family never should have been allowed to live on the premises in the first place. He successfully argued that the domestic nature of the crime, the cold-hard brutality and the assailant’s resolve to commit the heinous murder was ultimately irrelevant to the fact that he never should have been on the property in the first place. If he was not allowed to be on the property in the first place, he ultimately successfully proved that this incident would not have occurred.

ts-graphic-02Mr. Scolaro understood why the other firm turned down the case. It was a nearly impossible hill to climb but his passion for justice and helping people is all that he sees in front of him. The entire Leesfield Scolaro team takes a personal approach to each case they are working on. Even though we do this day in and day out, it is the client’s only case and it is their most important case. We take that to heart and pursue each case as though it is the only one we have. It is a philosophy that has served the firm and its clients well over the last five decades.

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After the horrific murder of Miami-resident, Carla Stefaniak, for which the security guard of the Airbnb where she was staying was arrested, it seems clear that Airbnb continues to fail its self-declared standard: “Your safety is our priority”

Assaults at Airbnb’s are unfortunately not uncommon. So much so, that a website called airbnbhell.com was created in 2013 and guests have been posting horror stories ever since, a lot of them involve violence and sexual assaults.

The fundamental problem with Airbnb’s business model is that Airbnb’s website funnels guests toward properties that were not vetted. And when the unthinkable happens, guests are not covered under Airbnb’s insurance because they fell victim to an intentional act, which is a known insurance coverage exclusion. These compounding failures and acts of negligence make the entire online hospitality services business model inherently flawed and utterly dangerous.

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Hotel, travel and tourism injuries rapidly increase with inadequate security and safety neglect on premises. Once again, Airbnb has been sued by a guest claiming another host at the property assaulted her. Of course, Airbnb and Vrbo do not do a background check which would have prevented this alleged sexual assault, nor do they have any security measures and typical keys, locks and door protection. This is a wide open area of vulnerability according to Leesfield Scolaro Founding Partner, Ira Leesfield who chairs the American Association for Justice Resort Torts Litigation Group.

There are ongoing battle rages between the hotel/public accommodation industry and Airbnb about the increasing shift of travelers from traditional hotels to less protected “homey” environments.

Airbnb not only fails to check on the guest, but also does not run background check or security analysis of the host renters. The lawsuit filed by Leslie Lapayowker, and reported in The Guardian contends that a background check would have uncovered the fact that the owner had been arrested and charged with battery, and prevented from listing his property on Airbnb. The plaintiff alleges that she was held in a chair, against her will, as the host proceeded to masturbate in front of her.

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