Those who have been injured in a violent crime while on private property such as an apartment complex, night club, office building, hotel or restaurant in Florida may be able to seek compensation for the damages caused by their injuries by filing a negligent security lawsuit against the owners of the property where the crime took place.
Under Florida’s premises liability laws, property owners have a duty to protect their guests and employees from any foreseeable harm. This includes implementing adequate security measures to prevent violent crimes from occurring on their property. Examples of negligent security can include:
- Inadequate lighting in parking lots, hallways and stairways
- Understaffed or poorly trained security personnel
- Faulty security systems (alarms or surveillance cameras that don’t work)
- Allowing unauthorized persons to enter the premises
- Allowing illegal activities (gambling, drugs, prostitution, etc.) on premises
- Failing to notify law enforcement during or after an incident
Was the Attack “Foreseeable” by the Property Owner?
Just because an individual was injured during an attack that took place on someone’s property does not mean that the property owner was automatically negligent. In order to prevail in a negligent security claim, the injured party must prove the following things:
- That the defendant owned, operated or leased the property where the attack took place.
- The defendant failed to adequately secure the premises and/or give warning of any dangerous conditions. In a negligent security claim, the injured party must prove that the attack was “foreseeable.” Foreseeable means the property or business owner had actual or “constructive” knowledge that there was the likelihood of criminal activities occurring on or around their premises. This includes establishing that similar crimes occurred in the past and the business or property owner failed to take adequate steps (installing alarms, repairing locks, replacing burnt out lights, increasing security staff, etc.) to prevent the crime from occurring again.
- The plaintiff was injured as a result of the defendant’s negligence.
- The injuries resulted in real damages (pain, suffering, medical expenses, lost wages, etc.) for the plaintiff.
Florida Negligent Security Attorney Serving Lutz, Winter Haven and Lakeland Communities
If you have been injured in a crime that took place on somebody else’s property, the first steps you should take are to seek medical assistance and report the crime to the police. After that, you should seek legal help from an experienced Florida premises liability attorney.
Tania Rivas and the Rivas Law Group have the expertise, skills and resources to uncover the evidence that will be crucial in supporting your claim. We aren’t afraid to take on any individual, organization or business to protect your rights and recover the compensation you deserve after your harrowing ordeal.
