The Miya Marcano Case And Premises Liability

Miya Marcano, a 19-year-old employee and resident of Arden Villas Apartments in Orlando, was last seen on Sept. 24. More than a week later, her body was found in a wooded area. Although her exact cause of death is not known at this time, it’s strongly suspected that a maintenance worker at her apartment complex murdered her after entering her apartment without her permission. According to news reports, the maintenance worker, Armando Caballero, had made several romantic advances to Marcano, which she turned down. 

This tragedy has brought to light several issues, including the topics of negligent security and premises liability. Read more below about the case and how it may tie into these types of claims.

The apartment complex’s alleged negligence

Marcano’s murder has called to attention the alleged negligence of her apartment complex. Caballero, who allegedly murdered her, was an employee of the premises and had access to her home via a master key. It was later discovered a master key was used to enter her unit, without her permission, prior to her disappearance. Residents have even held a protest at the complex and started a petition for better security and tighter background checks, saying they feel unsafe in the wake of Marcano’s murder. 

Premises liability and negligent security

Property owners have a duty to provide adequate security for anyone who is on their premises. When they fail to do so, they may be held liable for injury or death that occurred on their property – this is defined as premises liability. Types of premises liability cases include negligent security, slip-and-falls, and more. 

Negligent security specifically refers to the property owner’s failure to provide reasonable security for occupants and visitors on the property. If an assault, battery, or murder occurs due to the owner’s failure to provide reasonable security, the victim may be able to recover for his or her injuries. Some examples of this can include insufficient fences, lighting, locks, security cameras, security guards, and more.

What this could mean for Marcano’s case 

How does Marcano’s case tie in with premises liability and negligent security? To start, if there had in fact been previous incidents involving Caballero and he was still given employment and a master key to the apartments, a jury could reasonably determine that the complex had negligent security measures or negligently hired or retained Marcano. If this is proven, a jury could award a sizeable verdict against the complex.

According to news reports, Marcano’s family has filed a lawsuit against the apartment complex for negligence. They are also working to create the Miya Marcano Law, which would make it more difficult for apartment complex workers to enter units without permission. 

What to do if you’re a victim of premises liability

You have a right to feel safe at any premises, whether it’s your apartment complex or your grocery store. If you have been injured due to a dangerous condition on a property, it’s crucial that you contact an experienced personal injury attorney who specializes in premises liability.