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Is Your Landlord Negligent?

Considering the constant changes in Florida’s economy, more people than ever are finding themselves tenants, whether residential or commercial. Whether you are a tenant or a landlord, it is very important to understand all of your rights and duties, especially the ones that you may not be aware of.

Nicolette Iannaccone

Under Florida law, a landlord owes a duty to their tenant to protect the tenant from reasonably foreseeable criminal conduct. This means that if you have ever been the victim of a crime on property that is owned by your landlord, you may have a claim against them for damages resulting from your injuries for their negligent failure to provide adequate security.

Victim of Landlord Negligence in New Port Richey (or surrounding Areas)?  Call (727) 849 – 5353 TODAY

A Plaintiff, someone who is seeking to sue another, in this kind of action has the burden of proving that the landlord had knowledge of prior similar criminal conduct occurring on the premises. What’s interesting is that Florida courts have found the landlord’s duty to ensure a tenant’s safety in common areas of the property and the individual units leased to a residential tenant. Additionally, if you are a commercial tenant, this duty may also include your guests, customers, or employees.

Some of the factors that come into play are whether or not the landlord provided adequate security for the building and whether the landlord was aware that crime was prevalent in that particular area.

However, the biggest factor in negligent security cases involves the issue of whether or not the landlord had reason to know that there was a high likelihood of a criminal event – basically whether a criminal event was “foreseeable”. Several courts in Florida have found that a criminal event is “foreseeable”, meaning the landlord would be held responsible, if the landlord knew of criminal activity that occurred in the surrounding area, even if there have not been any specific criminal incidents on his own property. This drastically increases the scope of a duty that is placed on a landlord and increases the occasions in which he or she may be held liable for a criminal event.

To summarize, if you are a tenant who has been the victim of an attack on your landlord’s property, you may have a claim against your landlord for negligence. Our office is staffed with some of the best litigators in the state who can thoroughly investigate as to whether your landlord should have known an attack was likely to occur. Please give us a call for a free consultation if you believe you may have been the victim of negligent security.

Have you or someone you love been a victim of Landlord Negligence?  If so, please call us TODAY at (727) 849-5353 – or visit our “contact us” page – click here

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Lucas | Magazine Charity Challenge | Join Us April 11-14

The Professional Bowlers Association is coming to Pasco County!

The Law Offices of Lucas | Magazine are proud to partner up with the Joshua House Foundation to bring you this event! Lucas | Magazine in the Community

April 11-14

***CLICK HERE TO DOWNLOAD PACKET!!!

Charitable Beneficiary:
The Friends of Joshua House Foundation

Joshua House is a safe haven for abused, abandoned, and neglected children, offering a therapeutic residential group care program that provides a protected, nurturing, family-like environment for children ages seven – seventeen. These children have been removed from their homes due to crisis and many have been through multiple fos- ter homes.

Hundreds of children have passed through Joshua House since it opened. Each story of abuse and neglect is as unique as the child. Joshua House promotes growth, stability, and support specific to each child’s need. Keeping sibling groups together is just one of the many ways Joshua House makes a difference.

Friends of Joshua House Foundation is a 501(c)(3), EIN 20-0597719.

Lucas|Magazine Charity Challenge

The Lucas|Magazine Charity Challenge is a relaxed, social “event” in which the emphasis is on fun and raising money for the Friends of Joshua House Foundation.

Saturday, April 11 Lane Glo Bowl

8631 Old CR 54
New Port Richey, FL 34653 (727) 376-1164

The Bowling: 1 PM
Don’t have any “good” bowlers working for your company?

Don’t worry because we have taken steps to remove individual any “performance anxiety!” First, there is no “individual” scoring. All bowling is a team effort in which individuals contribute frames to the team game (i.e. one person will roll frames 1 & 6, another frames 2 & 7, another 3 & 8, etc.). And the winner of the games won’t be determined by the team that roles the most strikes. In fact, the object in one game is to roll the lowest score. And finally, each team will be joined by a PBA50 star who will handle any “pressure” shots for you.

The following is our game menu:

  •  Golf 101: Low score wins, with each bowler being required to knock down at least 1 pin per frame. Frames in which at least 1 pin is not knocked down are marked as a strike. The perfect score is 10.
  •  Yatzee: Teams have 10 frames to collect counts of 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10.
  •   Craps: The team rolling the most “7’s” wins.
  •  Easy As 1-2-3: Teams attempt to roll a total game score ofexactly “123” without going over.The After-Party: 2:30 PM
    Join us for drinks, Hors d’oeuvres and music.

***CLICK HERE TO DOWNLOAD PACKET!!!

PBA50 Pasco County Florida Open Schedule of Events

Saturday, April 11

9:00 AM — PBA50 Pro Practice Session
1:00 PM — Lucas|Magazine Charity Challenge 3:00 PM — PBA50 Pro Am Flight 1
5:00 PM — PBA50 Pro Am Flight 2

Sunday, April 14

10:00 AM — PBA50 A Squad, 8 games 4:00 PM — PBA50 B Squad, 8 games

Monday, April 15

10:00 AM — PBA50 B Squad, 8 games 4:00 PM — PBA50 A Squad, 8 games

Tuesday, April 16

9:00 AM — PBA50 Cashers Round, 5 games
12:30 PM — PBA50 Modified Match Play Round One, 5 games

4:00 PM — PBA50 Modified Match Play Round Two, 6 games 7:00 PM — PBA50 Step Ladder Finals, Top 5

Lucas|Magazine Charity Challenge Sponsorship Opportunities

Gold Sponsor — $950

Package Includes:

  • Contribution of $500 to the Joshua House Foundation
  • One 4-person team in the Charity Challenge
  • Eight tickets to the LMCC Reception
  • Recognition as a Gold Sponsor on signage & promotional materials
  • Eight VIP tickets to the PBA50 competitionSilver Sponsor — $550Package Includes:
  • Contribution of $250 to the Joshua House Foundation
  • One 4-person team in the Charity Challenge
  • Four tickets to the LMCC Reception
  • Recognition as a Silver Sponsor signage & promotional materials
  • Four VIP tickets to the PBA50 competitionBronze Sponsor — $250Package Includes:
  •   Contribution of $100 to the Joshua House Foundation
  •   One 4-person team in the Charity Challenge
  •   Two tickets to the LMCC Reception
  •   Recognition as a Bronze Sponsor signage & promotional materials
  •   Two VIP tickets to the PBA50 competition

***CLICK HERE TO DOWNLOAD PACKET!!!

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Has Media Become An Arm of Government Prosecutions?

The recent arrest of eccentric multi millionaire, Robert Durst on the eve of the last segement of the HBO special “JINX” has shocked many. Robert Durst is an enigma who has been prosecuted for murder in the past and acquitted despite ample evidence of guilt. He had long been considered the suspect in the disappearance of his wife and the murder of his good friend.

Criminal Defense Attorney in New Port Richey Said murders remained unprosecuted until said HBO special began airing. In this special, Mr. Durst shockingly agrees to speak to investigating journalist Andrew Jarecki about the deceased and other items investigators have pulled up in the case. It is not clear why he would ever agree to do this.

Looking for A Criminal Defense Attorney? 

Mr. Durst is a man of substantial wealth who can afford the finest of attorneys. I am sure any competent attorney would have advised him NOT to engage these journalists and open himself up to potential prosecution. Yet, this is exactly what happened. The question can only remain why? Is it insanity? Dementia? Or just plain Audacity?

Whatever the case, it was just plain, for lack of a better phrase, Dumb. We as citizens have the right to remain silent. It is one of the tenants of our constitution that we hold dear. The right not to incriminate ourselves is something many take for granted.

As a criminal attorney for 22 years, I always advise clients to exercise this right as sometimes we can be our own worst enemies. This also applies not only to law enforcement questioning but also the media. Anything you say in any format including social media could be used against you in court. The murder prosecution against Mr. Durst is a prime and painful example of this.

If you are contacted by law enforcement or asked to give a statement about any criminal allegation, please call me (Clementine Conde – your New Port Richey Criminal Defense Attorney) for a free consultation  (727) 849-5353.

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Firefighter Injuries Caused by Helmets

Attorney Jim Magazine Leads Fight Against Manufacturer of Helmets that Cause Firefighter Injuries

A group of retired and active firefighters have sued the maker and distributor of their city-issued helmets, saying design flaws have led to injury

The five firefighters say the helmets they were given a few years ago, the 1044 Cairns model manufactured by Pennsylvania-based Mine Safety Appliance Co. and distributed by Bradenton-based Ten-8 Fire Equipment Inc., were designed poorly and caused neck and head injuries.

Learn More about Jim Magazine

“The problem with the design is that they’re heavier than the other helmets, and they’re not as balanced,” said New Port Richey attorney Jim Magazine, who likened the situation to top-heavy bobblehead toys. “This helmet’s a recipe for disaster.”

The firefighters filed their product liability claim in Pinellas-Pasco Circuit Court. Their employer, the city of St. Petersburg, is not a party to the suit. Magazine said that’s because the city would have had to have knowledge that the helmets were defective.

Yet this week, fire Chief Jim Large said he has heard no complaints about that specific helmet model.

Large said the helmets are used now by about 90 percent of firefighters at the department.

“We’re not changing out any 1044 Cairns,” Large said. “We’re not testing new helmets.”

An attorney for Mine Safety Appliances did not return a call this week. Mark Garrison, a Tampa attorney representing Ten-8, declined to comment.

Retired firefighter Scott Crowell was the first to file suit about the helmets in 2013. He said a helmet he got three years earlier caused neck injuries.

Back then, Crowell was represented in part by Rick Kriseman, elected mayor that same year.

On Tuesday, city spokesman Ben Kirby said the mayor would have no comment on the lawsuit.

The other firefighters — Francis Thomas, Gregory Harvin, Christopher Henderson and retiree Robert Henderson — filed their suits this month.

The firefighters say the helmets are uneven and cause musculoskeletal injuries. They said the problem came with helmets the city issued from 2010 on.

Large said the department did switch from “Philadelphia-style” helmets to “New York-style” ones that year. The differences, he said, are subtle. From some angles, the former one looks more rounded.

Large also said it’s not uncommon for the department to change vendors while keeping the same essential model. “If it meets our needs and it’s cheaper, we’re going to try to be fiscally judicious,” Large said.

For instance, just a few months ago, a new vendor got a contract to provide helmets. They are also “New York-style” helmets and look similar to the 1044 Cairns. New hires, firefighters whose helmets have been damaged, or those who have helmets older than 10 years will be first to get them.

Magazine said he expects more firefighters to come forward because they believe this is not just a problem with a batch of 1044 Cairns helmets.

“The model these guys got is a bad model,” Magazine said. “We believe this is going to be a nationwide case.”

If you or someone you love has been injured due to a 1044 Cairns model Firefighting helmet – PLEASE have them contact our offices at (727) 849-5353 (or visit our contact us page- click here)

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LGM Company News: Michael Mastrogiovanni Now A Board Member for The National Alliance on Mental Illness

We want to recognize Attorney Micheal Mstrogiovanni for becoming a board member for The National Alliance on Mental Illness (NAMI)

Michael Mastrogiovanni

About NAMI – Who We Are

NAMI, the National Alliance on Mental Illness, is the nation’s largest grassroots mental health organization dedicated to building better lives for the millions of Americans affected by mental illness.

What started as a small group families gathered around a kitchen table in 1979 has blossomed into the nation’s leading voice on mental health. Today, we are an association of hundreds of local affiliates, state organizations and volunteers who work in your community to raise awareness and provide support and education that was not previously available to those in need.

NAMI relies on gifts and contributions to support our important work.

What We Do

We educate. Offered in thousands of communities across America through our NAMI State Organizations and NAMI Affiliates, our education programs ensure hundreds of thousands of families, individuals and educators get the support and information they need.

We advocate. NAMI shapes the national public policy landscape for people with mental illness and their families and provides grassroots volunteer leaders with the tools, resources and skills necessary to save mental health in all states.

We listen. Our toll-free NAMI HelpLine allows us to respond personally to hundreds of thousands of requests each year, providing free referral, information and support—a much-needed lifeline for many.

We lead. Public awareness events and activities, including Mental Illness Awareness Week (MIAW), NAMIWalks and other efforts, successfully combat stigma and encourage understanding. NAMI works with reporters on a daily basis to make sure our country understands how important mental health is.

– See more at: http://www.nami.org/About-NAMI#sthash.nzMDYzL8.dpuf

Learn more about Micheal Mastrogiovanni

 

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Florida’s Attractive Nuisance Doctrine: What’s Your Responsibility as a Property Owner?

Need a Litigator in New Port Richey?

Let’s suppose that someone wanders onto a construction site without fences or other barriers preventing entry. This person climbs onto a large piece of dangerous machinery, falls off, and injures himself. Is the owner or possessor of the construction site liable for that person’s injuries?

If the injured person is an adult, the land possessor is not liable for his injuries. Under normal circumstances, a possessor of property has no duty of reasonable care towards a person who trespasses upon his property, even if the trespasser injures himself or herself as a result. If the injured person is a child, however, the land possessor may be liable. A child, unlike an adult, may not have the reasoning skills and judgment necessary to avoid dangerous conditions. In fact, children will often be attracted by strange and new things that may also present a danger to them.

Florida state law recognizes and accounts for this fact by shifting liability for injury to a child trespasser to the possessor of the land if that land contains an attractive nuisance that enticed the child onto his land and caused the child’s injury. This shifting of liability also requires that the possessor of the land knew or should have known that said dangerous condition presented a danger to children and that children were likely to trespass on the land in question. Finally, the plaintiff must show that the land possessor could have eliminated the dangerous condition or blocked it off from children and that he failed to exercise reasonable care by not doing so.

Traditionally, attractive nuisances include such conditions as uncovered swimming pools and abandoned vehicles. Florida law also specifies several objects that must be treated as attractive nuisances to children, including abandoned iceboxes, refrigerators, washer and dryer units, and other closable or lockable objects that create an airtight seal. This law is designed to cover objects in which a child may become trapped and which may lead to injury or death by suffocation.

What can be done to protect land possessors from liability for the injuries of children who trespass on their property? Common sense is the guiding principle in this case. A land possessor who exercises reasonable care in protecting children from dangerous conditions on his property by removing such conditions or physically blocking them off from access should be able to both protect children from being injured and protect himself from liability for the injuries of trespassers on his property.

Questions?  Know someone that may need legal consultation in the area of “Attractive Nuisances”?   Call our offices TODAY at (727) 849 – 5353 – or visit our “Contact Us” page by clicking here.

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The Law Offices of Lucas | Magazine Awarded 2014 Litigator Award

The Law Offices of Lucas | Magazine are honored to have received an Award for being ranked in the top 1% of Lawyers!

Learn more here – click here

Need a Litigator in New Port Richey?

 

PRESS RELEASE

The Law Offices of Lucas | Magazine Wins Prestigious 2014 Litigator Award

The Law Offices of Lucas | Magazine named 2014 Litigator Award Winner. Having been conferred this prestigious National Award, the firm ranks among the Top 1% of all lawyers for: Personal Injury and Wrongful Death Litigation.

BELLEVUE, WASHINGTON: JAN. 15, 2015 – The Law Offices of Lucas | Magazine, a trial law firm located in New Port Richey, Florida, was today awarded the prestigious 2014 Litigator Award for extraordinary achievement within the field(s) of Personal Injury and Wrongful Death Litigation.

Justly standing as the nations most coveted symbol of “Litigation Achievement”, this unrivaled annual honor recognizes trial lawyers {firms} who have attained extraordinary litigation achievement within one or more of 72 pre-defined “Practice Specialty” categories. Based strictly on “Verdict and/or Settlement” dollar achievement rather than peer popularity, the Litigator Awards are perhaps the most rigorous and openly judged trial law rating. Simply being nominated is to be set among the elite of the profession. Those awarded are generally considered among the finest trial lawyers in the nation.

To be Award Eligible, Nominees must prove achievement of litigation “Performance Benchmarks” that includes not less than:

a). Two verified “Verdicts or Settlements” of at-least $1 Million Dollars in any one Practice Specialty category within the preceding 5 year period prior to Nomination*, or

b). One verified “Verdict or Settlement” of at-least $5 Million Dollars in any one Practice Specialty category within the preceding 10 year period prior to Nomination**, or

c). One verified “Verdict or Settlement” of at-least $10 Million Dollars in any one Practice Specialty category within the preceding 20 year period prior to Nomination.

It is a feat achieved by fewer than 1% of all Lawyers, and truly a testament to each Award Recipient’s remarkable performance relative to peers.  Of the nearly 1.1 Million lawyers considered, only a select few per State or DMA, will achieve the distinction of being awarded annually in any given Practice Specialty*.

Winning a 2014 Litigator Award is a “Powerful Endorsement” of superior litigation achievement that provides discerning clientele {as well as referring professionals} with a strong reason to trust their case with an Award Recipient. Moreover, it offers a testament to their remarkable performance relative to peers.

To learn more go to: www.LitigatorAwards.com

Media Contact
Amy G. Harris
2014 Litigator Awards
(800) 992-9049
AHarris@LitigatorAwards.com

www.LitigatorAwards.com

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Please Welcome Our Newest Attorney: Nicolette Iannaccone

About Nicolette Iannaccone

Nicolette Iannaccone

Nicolette Iannaccone

Practice: Personal Injury

Memberships: Florida Bar Association, American Association for Justice, Florida Justice Association, West Pasco Bar Association

Biography: Nicolette R. Iannaccone was born and raised in New Port Richey, Florida. Nicolette attended Saint Leo University for her undergraduate education, where she graduated magna cum laude from the Honors Program with a Bachelor’s degree in Political Science. While at Saint Leo University, Nicolette was President of Pi Sigma Alpha (Political Science Honor Society), Secretary of Alpha Phi Sigma (Criminal Justice Honor Society), and an active member of Delta Epsilon Sigma (National Scholastic Honor Society).

Upon completion of her undergraduate degree, Nicolette attended the University of Florida Levin College of Law in Gainesville, Florida, where she obtained her Juris Doctor degree. During law school, Nicolette was active in the John Marshall Bar Association and was named to the Dean’s List for her scholastic achievements. During law school, Nicolette served as a law clerk for Carter, Clendenin & Foreman, P.A. in New Port Richey, Florida, and was also a judicial extern to the Honorable Cheryl K. Thomas of the Thirteenth Judicial Circuit in Tampa, Florida.

After being admitted to the Florida Bar in September 2013, Nicolette returned to her hometown and began practicing personal injury law. Nicolette is passionate about giving back to her community and is an active member of many local volunteer groups, including Junior Service League.

Nicolette currently lives in New Port Richey with her fiancé Adam Carter. In her spare time, Nicolette enjoys spending time with her family, cooking, fitness, and nutrition.

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[Infographic] Statute of Limitations in Florida

Florida Statute of Limitations

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Featured Attorney – Jim Magazine


Learn more about Jim - click here

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