Man Shot and Killed at Cutler Bay Mobil Gas Station on Friday, December 27, 2024

There was a fatal shooting just after midnight at a Mobil gas station in Cutler Bay, Florida. The store is located near the 20200 block of South Dixie Highway. The shooting is yet another deadly incident to occur over this holiday season in South Florida.

The victim was a 56-year-old man named Vincent Arthur McCrow. The shooter shot Mr. McCrow multiple times. The events leading up to the shooting aren’t clear, but it sounds like Mr. McCrow was in a discussion with the shooter at the gas station. Ultimately, the conversation escalated to the point of violence.

When emergency responders arrived at the scene, they found Mr. McCrow with multiple gunshot wounds. He ultimately passed away at Jackson South Medical Center.

The suspected shooter was a 35-year-old man. Initially, he left the scene, but sources indicate that he later returned while police were there. He hasn’t been named at the time of this article.

Florida's Strict Rules for Convenience Store Security

Florida law takes convenience store safety seriously, especially during late-night hours. Obviously, this makes sense. Convenience stores and gas stations without proper security are hot targets for criminals.

Under Florida Statute 812.171, gas stations that stay open between 11 p.m. and 5 a.m. have to follow specific security requirements. These rules apply unless they're a restaurant, have at least five employees working overnight, maintain 10,000+ square feet of retail space, or where the owner or the owner's family is working those hours.

Florida Statute 812.173 outlines the specific security measures the stores need to implement to comply with the law. If a business complies with these requirements, it creates a presumption that they’re not liable under Florida Statute 768.0705.

Some of the security measures the statute requires include:

• Security guards or surveillance cameras monitoring the premises
• Cash management systems (think drop safes)
• Well-lit parking areas
• Clear, unobstructed views from the sales area to outside
• No window tinting that reduces visibility
• Silent alarms connected to law enforcement or security agencies
• Comprehensive security training for the employees

Elements of a Gas Station Negligent Security Case

Proving negligent security isn't just about showing someone got hurt - it's about connecting the dots between a gas station's security failures and the violence that occurred. In Florida, these cases require four specific elements, and missing any one of them can sink your case.

The Role of Foreseeability

Here's where it gets fascinating: foreseeability plays a massive role in determining the level of security a business must provide. Think of it like this: a gas station in a rough neighborhood with frequent armed robberies needs much stronger security than one in a quiet suburb. If there's been a string of violent crimes nearby, or if the business has had previous incidents, they can't just shrug it off. The more dangerous the area, the higher the bar for security measures. Courts look at crime reports, police calls, and incident histories to determine whether the business should have seen trouble coming.

Element 1: Duty

First, you must establish duty. Gas stations owe their customers a legal obligation to keep them reasonably safe. This one's usually straightforward - if you're buying gas or grabbing a snack, you're a customer, and they owe you that duty. Easy enough.

Element 2: Breach of Duty

But here's where it gets tricky: proving breach of duty means showing the gas station failed to take reasonable security measures. Maybe their cameras were broken. Maybe the lighting was poor. Maybe they knew about previous crimes but did nothing. Under Florida Statute 812.173, convenience stores must have specific security measures like proper lighting, unobstructed views, surveillance cameras, and employee training.

Element 3: Causation

The third element - causation - is often the hardest to prove. You've got to show that the gas station's security failures actually led to the crime. Think about it: if better lighting would've deterred the criminal, or working cameras would've scared them off, that's causation. But if the crime would've happened anyway, even with perfect security, you might have a problem.

Element 4: Damages

Finally, there's damages. This means showing actual harm - physical injuries, medical bills, lost wages, pain and suffering. In tragic cases like wrongful death, damages might include funeral expenses and the family's loss of companionship and support.

Building Your Case

Think of these elements like links in a chain. Break one, and your whole case falls apart. That's why experienced negligent security lawyers investigate every angle - gathering surveillance footage, interviewing witnesses, reviewing crime statistics, and working with security experts to build the strongest possible case.

Contact a Florida Negligent Security Lawyer

If you've lost a loved one to violence at a gas station or other business property in Florida, you need an experienced negligent security lawyer on your side. These cases are complex and require thorough investigation to prove negligent security contributed to the tragedy.

In any negligent security case, our experience has shown us that insurance companies are armed with arguments to deflect responsibility. They love to blame the victim. They love to point at the attacker. Their goal is to deflect blame, when their insured ultimately created a blight on the community by not properly securing the property and by not making any effort to deter crime.

Crime hot-spots hurt the community where they sit. They reduce the value of nearby properties, and they deter folks from moving in. They’re a cancer, and they’re a result of a company or person that puts money over safety.

Call us today at (321) LAWSUIT for a free consultation. We will review your case with you and talk about your legal options. We work on a contingency fee basis - you don't pay unless we win your case. A call is risk free.

Don't let negligent businesses avoid responsibility for failing to protect their customers. Contact us today and let us help you seek justice for your loved one.