Posted on Aug 31, 2023

In a heinous act that has shocked Jacksonville, Florida, a young white male armed with a semi-automatic rifle and a handgun fatally shot three Black individuals at a local Dollar General store before ending his own life. Authorities are treating the incident as a hate crime.

The shooter, whose identity has not yet been disclosed, was equipped with body armor when he entered the store. It appears he deliberately targeted three Black patrons—two men and one woman—before eventually turning the gun on himself following a police standoff. Apparently, the assailant had traveled from neighboring Clay County, where he resided with his family.

The Federal Bureau of Investigation (FBI) is apparently taking over the inquiry and classifying it as a hate crime.

The store where the tragic event unfolded is situated near Edward Waters University, a historically Black institution. According to the university, the assailant had been seen on campus earlier the same day. He was asked to leave by campus security, and he failed to identify himself.

While it remains unclear whether the university was his initial target, the shooter was observed donning his tactical vest and mask before departing the campus.

In a disturbing development, authorities found documents outlining the shooter's hateful beliefs. These writings were discovered by his family, who then alerted law enforcement. Notably, one of the firearms he used had swastikas hand-drawn on it. The individual’s history included a 2016 domestic violence incident and a previous involuntary commitment to a mental health facility.

Before embarking on his violent rampage, the shooter alerted his father via text to examine his computer. Unfortunately, law enforcement was notified too late to prevent the attack.

The names of the victims, all of whom were customers at the Dollar General, have not yet been released.

Pursuing a Wrongful Death Claim in Florida After Losing a Loved One in a Violent Criminal Attack

The untimely loss of a loved one due to a violent criminal act is a tragedy that is both shocking and devastating. As you navigate this difficult time, it's crucial to understand your legal rights and options.

One avenue that may be available is pursuing a wrongful death claim, which can provide financial support and a measure of justice for the survivors. In Florida, a claim for wrongful death that involves a violent criminal attack may fall under the category of "negligent security."

Understanding Wrongful Death Claims in Florida

A wrongful death claim is a legal action taken by the survivors or the estate of the deceased against the party responsible for the death. In a typical wrongful death case, the plaintiff must prove that the defendant's negligent, reckless, or intentional conduct led to the victim’s death. Damages may include medical expenses, funeral costs, loss of income, and emotional suffering.

What Constitutes Negligent Security?

Negligent security is a specific type of premises liability claim. In these cases, the defendant is usually a property owner or manager who failed to take adequate measures to ensure the safety of patrons or visitors, thereby enabling a violent crime to occur. Examples may include insufficient lighting, lack of security personnel, or failure to install surveillance cameras.

Indicators of Negligent Security

Indicators of negligent security can vary, depending on the setting where the violent crime took place. However, some of the more common forms of negligent security may include:

  • Poorly lit parking lots or corridors
  • Lack of or non-functional surveillance cameras
  • Inadequate fencing or barriers
  • Absence of security personnel
  • Lack of emergency protocols

Proving Negligent Security in a Wrongful Death Claim

For a successful negligent security wrongful death claim in Florida, you must establish the following:

  1. Duty of Care: Prove that the property owner had a duty to maintain a reasonably safe environment.
  2. Breach of Duty: Show that the property owner failed to meet that duty by not implementing proper security measures.
  3. Causation: Establish a direct link between the lack of security and the violent crime that led to your loved one's death.
  4. Damages: Quantify the losses you’ve suffered as a result of your loved one’s death, such as funeral expenses, emotional distress, and lost income.

Gathering Evidence

To substantiate your claim, you'll need to collect various types of evidence, which may include:

  • Police reports
  • Witness statements
  • Surveillance footage
  • Security audit reports and local crime reports
  • Photographs of the scene

Statute of Limitations and Legal Help

In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of death. Due to the complexity involved, it's advisable to consult with a wrongful death attorney who handles negligent security cases as soon as possible to be sure your rights are protected.

Conclusion

The loss of a loved one in a violent criminal act is one of the most devastating experiences anyone can endure. While a wrongful death claim can never bring back your loved one, it can offer some financial stability and a sense of justice in a world turned upside-down. It can also serve as a deterrent that encourages business owners and property owners to implement reasonable security measures to prevent violent crimes from occurring.