Negligent security is when a business or property owner fails to maintain a safe premise for any residents, employees, patrons, or visitors. Under Florida law, businesses and property owners have a duty to ensure that the property environment is reasonably safe. A breach of that duty that leads to a crime in which someone becomes injured can make the business or property owner liable for an injured person’s damages. Negligent security cases have to do with someone being injured as a result of a crime, with the property owner or business foreseeing that a crime could occur. If a crime is not foreseeable or probable in the eyes of the law, it is unlikely that a business or property owner would be held liable for any injuries that are sustained as a result of a criminal act on the premise.
Where Does Negligent Security occur?
Common premises where negligent security claims arise out of include malls, apartment complexes, parking garages, and grocery stores. However, additional locations, such as colleges and schools, an office building, nursing homes, restaurants, bars, nightclubs, or concert venues are also required to provide a level of security to protect people who are on the property.
What is an example of Negligent Security?
Therefore, in instances in which someone is injured as a result of a crime, the property owner or business may be liable for the injuries and psychological trauma that the crime victim has undergone. However, just because someone is harmed as a result of a crime does not mean they may file suit against the business or property owner. The business or property owner must be aware that a crime could take place and then knowingly fail to provide adequate safety measures to prevent crime from continuing to happen. For example, if there are previous reports of mugging taking place at an apartment complex and the property management company that owns the complex does not add further security measures to prevent such instances from happening, then the property management company may be liable for injuries that take place as a result of an additional crime. This scenario would lead to the property management complex being negligent in that they exposed tenants to a dangerous situation. Another example of negligent security would be a hotel that has a history of car thefts in its dimly lit parking lot. The hotel does not add better lighting or provide security cameras to deter crime from happening, and one night, a hotel guest is robbed and stabbed after parking their car. The hotel would then be liable for any injuries and damages the person and their family sustained.
Who is liable for an injury that results from Negligent Security?
Similar to other personal injury cases, the victim must show that the property owner or business breached their duty of care to provide a reasonably safe property and that the breach of that duty was the legal cause of the plaintiff’s injuries, and these injuries resulted in damages. Additional components of a negligent security case include the property owner being aware that there are unsafe conditions and choosing to not add additional security measures, and the injured person must be lawfully on the property when the incident occurred. Therefore, if the property could foresee that those on the property are being exposed to dangerous situations and failed to address the problem, they may be liable for damages. In these cases, the property owner can be held liable. However, depending on the details of the case, such as the location of the crime and the negligent security that contributed to the unsafe conditions, other parties may be liable. They include the property management company, the surrounding municipality, the security company, and the parking lot management company. For example, if a company is renting a venue from a property, both parties may be liable for someone becoming injured during an event due to a knowingly insufficient amount of security. If you or a loved one has been injured as a result of negligent security, speak to an experienced attorney about your case to secure your rights and ensure that all parties who are negligent are held responsible.
How long do I have to file a Negligent Security Case?
The statute of limitations varies state by state and in Florida, the victim has four years from the date of the incident to file a legal claim against the business or owner of the property in which the accident occurred. If a loved one has died as a result of negligent security, the family has two years from the date of their loved one’s death to file a wrongful death lawsuit against the business or property owner responsible for maintaining safe conditions on the premise.
Why should I hire Clayton Trial Lawyers for Negligent Security Case?
The first line of communication will be between you in a chat and possibly later with a paralegal or law clerk at Clayton Trial Law. We are willing to work around your schedule. We are not a 9-5 law firm. We are 24/7. We welcome you to our beautiful, ultra-modern offices in downtown Fort Lauderdale on Las Olas Boulevard. If better for you, we will travel to you or your company. We understand the tremendous hardship you face, especially if you have serious injuries. Most people do not plan to be hit or hurt, which includes devastating physical, financial, mental, and emotional conditions. Our Florida attorneys are here to help.
● Our promise is: if no recovery, you owe us nothing in fees or costs
● Florida injury lawyers who care
We are committed to righting wrongs for negligent security victims. When we take your case, you become a family member. If we cannot settle your case, we will go to court and try it before a jury to fight for the maximum amount that can be recovered. We will stop at nothing to pursue justice. Contact us today.