Property owners can be held liable for hazards or dangers on their premises that cause harm to another party, such as in a slip and fall accident. You may not realize that property owners can have liability when someone is assaulted, raped, or murdered on their property.
Failure to provide adequate security can have catastrophic results. Certain businesses—such as shopping malls, hotels, bars, restaurants, clubs, and apartment complexes—must take steps to keep patrons safe. If you or someone you love suffered harm from negligent security in Florida, speak with a skilled premises liability lawyer.
The Barrett Nonni Homola & Ferraro team has decades of experience assisting injured victims in Florida. Our Florida negligent security lawyers will review your case and help you determine the best course of action. Pursuing a personal injury claim for inadequate security is more than holding a property owner liable; it’s about keeping others from being harmed.
What Is Negligent Security?
Someone can be harmed on public or private property, commercial or residential. Security requirements will vary by property type.
Some general examples of inadequate security include:
- Lack of security guards on premises,
- No security cameras,
- Malfunctioning security cameras,
- Broken gates or fences,
- Lack of alarm system,
- Broken or malfunctioning alarm system,
- Doors that cannot lock,
- Lack of or inadequate lighting,
- Blocked emergency exits,
- Lack of criminal background check on guards,
- Inadequate security patrols, and
- Untrained security guards.
The level of security required will depend on individual circumstances. For example, is the business in question located in a high-crime area? Or has there been a rise in crime at the premises lately? Reasonable security measures include alarms, gated entries, keypad entry, security guards, patrols, and more. For example, plenty of lighting might be enough for a mall parking lot in a low-crime area. It won’t be enough if the mall is located in a high-crime area. In this situation, the mall should have security patrols, especially at night.
When a property owner employs security guards, the employer is responsible for ensuring the guards have been appropriately screened, trained, and supervised. Unfortunately, some negligent security cases involve overzealous security guards or ones with criminal backgrounds. Business owners must verify these security guards can do their job and do not have a criminal past—especially for violent crimes such as assault, rape, robbery, etc.
A negligent security attorney can tell you what security measures are necessary for different businesses and establishments.
Events That Can Lead to a Negligent Security Case
When a property owner fails to implement adequate security, it can lead to various crimes. Crimes can range from minor theft to murder. The most common offenses include assault and battery, robbery, and sexual assault.
Examples of events that could give rise to a negligent security case include being:
- Assaulted in your hotel room,
- Robbed at an ATM,
- Raped at your school campus,
- Followed to your car and attacked in a parking lot,
- Injured or assaulted at a restaurant or club,
- Attacked at a gas station while pumping gas, or
- Robbed in your apartment complex.
These are only several examples of crimes that could result in a civil lawsuit for negligent security in Florida. Victims who are assaulted, raped, or robbed while on another party’s property should consider speaking with a Tallahassee negligent security lawyer at Barrett Nonni Homola & Ferraro. Surviving family members of someone who died due to inadequate security could also have a right to pursue a wrongful death claim against the responsible parties.
Holding Negligent Parties Responsible for Inadequate Security
Premises liability cases can be complicated, especially negligent security lawsuits. Proving liability is not always straightforward. You need a skilled lawyer representing your interests. Determining who is liable can vary by case. Most people assume property owners will be held responsible. However, other parties can be held accountable as well. These parties include property managers, leasing tenants, negligent security firms, and more.
The property owner’s duty of care depends on the victim’s status. The legal standards differ if someone is legally on the property versus a trespasser.
Foreseeability also matters in negligent security lawsuits. For example, consider a property that has been the site of recent crimes. The property owner knew or should have reasonably known about the recent spate of crime. In this situation, the court may be more likely to decide this was a foreseeable crime.
Available Damages in a Negligent Security Case
In a negligent security case, you can collect compensation for your injuries and other damages. The amount and type of damages depend on your circumstances.
In general, recoverable damages in a negligent security case include:
- Medical expenses,
- Future expected medical expenses,
- Lost wages,
- Loss of earning capacity,
- Emotional distress,
- Pain and suffering,
- Disability, and
- Disfigurement and scarring.
For cases involving the wrongful death of a loved one, recoverable damages differ. Our negligent security attorneys in Tallahassee will discuss available compensation if your family member dies from their injuries.
Statute of Limitations for Negligent Security Claims
Like with other types of personal injury claims, you have only a limited time to file a lawsuit for negligent security in Florida. In most cases, Florida law gives you four years to file a lawsuit from the date of injury. Failure to file in time means the court could dismiss your case. That means you won’t receive any compensation for your injuries. While four years is the general rule, some exceptions and circumstances can alter the deadline. Don’t jeopardize your potential settlement by not hiring a negligent security lawyer in Tallahassee.
Contact Our Negligent Security Lawyers in Tallahassee
Pursuing a claim for negligent security in Florida is complex. Don’t handle your claim independently. Let our experienced team of negligent security attorneys in Tallahassee assist you. We understand this stressful and emotional time for you and your loved ones.
Let us handle all the complicated legal aspects while you concentrate on your recovery. When you need to sue for inadequate security, contact Barrett Nonni Homola & Ferraro to learn how we can help you to fight for the compensation you’re owed. Get started by sending us an online message or calling (850) 601-1111 today.