Negligent Security
Florida is home to some of the finest hotels, apartment complexes, and other commercial businesses. Unfortunately, even on these luxurious properties, assaults, muggings, and robberies still occur. A violent attack will not only result in physical injuries, but the emotional impact will also remain with victims for their entire life. Victims may experience PTSD, and have unexpected medical bills that make the situation even worse. If you were a victim of a crime due to negligent security, you can file a claim for compensation against the property owner for failing to provide proper security to keep you safe.
According to several studies, adequate security involves the three Ls – location, landscape, and lighting. The more of these elements property owners include in their security systems, the more security visitors have.
What Is Negligent Security?
Claims that involve negligent security fall are a type of personal injury law known as premises liability. In this area of civil law, victims can claim financial compensation when property owners, occupiers, or managers have inadequate security measures in place and that made them vulnerable to a criminal attack.
Many different types of criminal acts can occur when properties fail to have adequate security. These include attacks, shootings, carjackings, sexual assaults, and robberies. Though the courts will not hold property owners liable for every criminal act that occurs on their property, owners can be responsible or paying compensation when inadequate security contributed to the attack.
Florida’s premises liability laws outline very specific obligations property owners have to visitors. Property owners have a legal duty to:
- Take reasonable care to ensure visitors have a safe environment.
- Take reasonable care to inspect the property regularly to identify potential dangers.
- Warn visitors of hidden dangers they may not reasonably discover on their own.
- Take reasonable steps to fix any dangerous condition.
Property owners that fail in any of the above legal duties are considered negligent. In negligent security cases specifically, the courts will also consider whether the property owner could have reasonably foreseen that a criminal act would occur and result in injury.
Determining Liability for Negligent Security
Property owners have a responsibility to plaintiffs in negligent security cases to provide a safe environment that will not leave the plaintiff susceptible to a criminal act. Plaintiffs in these cases are individuals such as tenants, customers, clients, and others that have to enter the property. Property owners are the defendants in these cases and include landlords, property managers, and store owners. Defendants owe an even greater duty of care to plaintiffs when the injured individual was invited onto the property to do business, such as make a purchase from a store. When property owners do not fulfill their duty of care, they can be held liable for paying compensation to victims for their physical injuries and profound emotional damage sustained as a result.
The courts have determined that property owners that have not provided adequate security on their property can be held liable for their negligent actions. Third parties, such as contractors, security guards, doormen, and bouncers, can also be held liable for failing to secure a premises.
Defendants in inadequate security claims can be held accountable if they failed to prevent harm or injuries to the plaintiff. Criminal acts that occur due to negligent security are common at:
- Day care centers
- Parking garages
- Convenience stores
- Shopping malls and centers
- Bars, clubs, and restaurants
- School campuses, including colleges and universities
- Apartment complexes
- Hotels and motels
- Gas stations
- Amusement parks
- Public buildings and other public property
What Do I Have to Prove in a Negligent Security Claim?
When bringing a negligent security lawsuit, you must prove that the defendant owed you a duty of care to provide basic security measures. You must also prove that the defendant failed in their duty and that the property owner’s negligence left you vulnerable to a crime. Lastly, you must also prove that you suffered injuries or losses as a result of the crime.
Generally speaking, there are no set laws defining the reasonable care the defendant must have taken. A number of factors also determine what is considered adequate for certain locations. Factors that may be taken into consideration include:
can occur when properties fail to have adequate security. These include attacks, shootings, carjackings, sexual assaults, and robberies. Though the courts will not hold property owners liable for every criminal act that occurs on their property, owners can be responsible or paying compensation when inadequate security contributed to the attack.
Florida’s premises liability laws outline very specific obligations property owners have to visitors. Property owners have a legal duty to:
- The nature of the business
- The purpose of the victim being on the property
- Whether similar crimes were reported at the property prior to the incident
- Whether the property was in an area known for high crime rates
Negligent Security and Criminal Charges
When a criminal act occurs on a property, two types of legal cases may be filed. The first is a criminal case that will hold the accused person accountable for their actions and levy a punishment if they are convicted. Criminal cases do not compensate the victims of the criminal act. Civil cases, on the other hand, allow victims to seek financial compensation for any losses they sustained as a result of the crime.
Although a conviction in a criminal case can help prove that the defendant was negligent in a civil case, the outcome of one case does not always necessarily affect the outcome of the other.
Schedule Your Free Consultation
Negligent Security is not always easy to prove, but with a knowledgeable negligent security lawyer on your side, you can prove breach of duty and obtain the compensation you need to cover your damages. Call Aventis Law Firm today for a free consultation.