Imagine you’re out with friends or family at a restaurant, store, or apartment complex. You expect these places to provide reasonable security to keep you safe. But what if you suffer an assault, robbery, or other crime due to poor security? This may constitute negligent security under Florida law.
What Constitutes Negligent Security?
Negligent security occurs when a Florida business or property owner fails to take reasonable precautions to protect customers from foreseeable criminal acts. Under premises liability law, owners must implement basic security to prevent assaults, thefts, and other crimes.
Locations that must provide adequate security include:
- Apartment complexes
- Hotels and motels
- Bars and nightclubs
- Retail stores
- Restaurants
- Schools
- Parking garages
If you’re victimized due to poor security at any such place, the owner may be liable for damages.
Examples of Valid Negligent Security Claims
To give you a better idea of negligent security cases, here are some examples of situations where property owners were held liable:
- Apartment complex: A tenant was robbed at gunpoint in the parking lot, which had no security cameras, fences, or guards on patrol, even though criminal activity was common.
- Hotel: A guest was sexually assaulted after the front desk gave her room key to a stranger. No ID or verification was required from the criminal.
- Bar: A customer was beaten and stabbed by another patron who was visibly intoxicated. The bar failed to have adequate security personnel to monitor and intervene.
- Office building: An employee was attacked in a stairwell where lights were burned out even after complaints about poor lighting.
As you can see, property owners often fail to take reasonable safeguards to prevent foreseeable crimes. When their negligence leads to harm, victims have legal grounds to pursue compensation.
Establishing Duty of Care in Negligent Security Cases
The first element of a negligent security claim is establishing a duty of care. The level of security a property owner must provide depends on the nature of the property and circumstances.
For example, a multi-unit apartment complex has greater responsibility than a single-family home. Nightclubs, parking garages, and convenience stores also require more security due to more visitors and cash onsite.
If the property owner failed to provide security measures typical for that type of property, they likely breached their duty of care.
Proving Breach of Duty
Next, you must show how the property owner breached their duty. This often involves proving security measures were inadequate or absent.
Evidence may include:
- Lack of cameras, guards, fencing, or access control
- Broken or missing locks, lights, or alarm systems
- Ignoring obvious security risks like prior crimes
I once helped a victim sue an apartment complex that had no cameras or guards after 3 armed robberies in the parking garage. Their lack of security despite foreseeable risk was a clear breach of duty.
Establishing Causation
In addition to inadequate security, you must prove it directly led to your damages. The critical element is the link between insufficient security and your injuries or losses.
Strong evidence like security footage or eyewitnesses who can place you at the scene when the incident occurred helps prove causation.
Documenting Your Damages
To receive compensation, you must prove your losses were a direct result of the defendant’s negligence. Records, photos, videos, and other evidence are crucial.
- Medical records: Bills, treatment notes for physical/mental health injuries
- Police report: To corroborate your version of events
- Lost income: Paystubs, tax returns, HR records
- Damaged property: Repair estimates, purchase receipts
Documenting your damages thoroughly is key to getting full compensation.
Gathering Evidence For Your Claim
To build a strong case, you need solid proof of inadequate security and causation. Useful evidence includes:
- Premises photos/videos showing a lack of security
- Police reports of prior crimes at the property
- Records of complaints about security
- Eyewitness statements
An experienced attorney knows how to obtain and utilize this evidence to prove your claim.
Why Hire a Personal Injury Lawyer?
Victims of negligent security often wonder if hiring a lawyer is necessary or if they can handle their claims alone. While you are free to file a lawsuit yourself, consider the benefits of legal representation:
- Navigating complex laws – Premises liability involves nuanced regulations. An attorney will ensure deadlines and legal standards are met.
- Proving inadequate security – Lawyers have the resources to show where the property owner fell short.
- Establishing causation – Linking the lack of security to your damages is tricky without legal expertise.
- Determining full damages – An attorney will account for all current and future costs of your injuries.
- Negotiating optimal settlements – Lawyers have the leverage to demand top-dollar settlements from insurance companies.
- Trying cases in court – If a fair settlement can’t be reached, a qualified lawyer has the litigation experience to take your case to trial.
The bottom line is a negligent security lawyer levels the playing field against powerful insurance companies. Their skills and resources are invaluable for getting you maximum compensation.
Statute of Limitations for Premises Liability Claims
The statute of limitations for negligent security cases in Florida is now 2 years. It is critical to act quickly and contact an attorney after being harmed so they can start building your claim right away.
An attorney can immediately send preservation letters to security companies and property owners involved to prevent evidence destruction. Don’t wait to get legal help – the sooner, the better for your case.
Contact a Negligent Security Lawyer Today
If you or someone you love has been victimized by inadequate security, please reach out to Purely Legal for a free consultation. There, their personal injury attorneys have decades of combined experience helping victims recover damages from negligent property owners.
They will evaluate the details of your case, provide a detailed analysis, and outline your legal options. With compassionate guidance and unwavering dedication, they will fight to hold the responsible parties fully accountable.
Contact them online at https://www.purely.legal/ to get started today. The call and review are 100% free. Let their team stand beside you and take the burden off your shoulders.
