When one thinks of mall security, chances are the images that pop into the head range from gangly pimply-faced teenagers, elderly men asleep at the station, or something in between. Whether fair or not, due to the media portrayal, mall security guards get little, if any, respect. Reasons vary, but for the most part, mall security doesn’t seem terribly interested in getting involved with trouble at the mall. If there is something going on, mall security is rarely present or walking the other way.
Such is the case brought forth by a Boynton Beach, Florida family. Their son, Berno Charlemond, was gunned down outside a mall in 2006. According to the Charlemond family’s lawyer, Ken Metnik, the 24-year-old was jumped and beaten before being shot six times, and at no point did security get involved. “No witnesses even saw a security guard,” he says. “Security didn’t say stop or go to the police.”
Now, due to perceived inaction, The Simon Property Group and Control Security Services are on the receiving end of a $75,000 lawsuit. The family and Metnik cite loss of companionship as part of the suit. The Simon Group disagrees and is confident in mall security. Of course they are.
Gang Shooting?
While the incident is thought to stem from a Haitian-American gang dispute, Charlemond’s family vehemently denies Berno was involved in a gang. The shooter, Jesse Cesar, was himself killed several months later outside another Orlando mall.
As with many other places of business in this country, malls are just another example of a place you can be shot in. Whether it’s a despondent teen who decides to gun down as many people as he can before committing suicide, or a gang-style shooting, one of the questions which comes up is, where was security to stop the person? Granted, these cases are thankfully few and far between, and just as surprising to mall security as they are to the general public. It’s difficult to anticipate when someone is going to pull out a gun. And mall security isn’t usually how they are usually perceived. There is a reason they’re hired by malls (shoplifting, fighting, et cetera), and if they aren’t doing their job, the owners of the mall have every right to terminate the company’s contract – or single out the individual who isn’t doing their job to be fired. However, if the mall security had the chance to intervene in this case, then obviously the responsibility for Charlemond’s death lies at their feet.
If you have lost a loved one and believe their safety was compromised by a business or company’s negligence, you may have a wrongful death claim. Please contact an experienced injury lawyer in your area to discuss your situation.
