Negligent security claims are a specific area of premises liability law that can arise when a property owner or manager fails to provide adequate safety measures, leading to harm or injury. In Florida, property owners have a duty to maintain a safe environment for visitors, including taking reasonable steps to prevent criminal acts. When they fail to do so, and someone is injured as a result, the injured party may have grounds to file a negligent security claim.
This article will cover what negligent security claims entail in Florida, the legal responsibilities of property owners, and what victims should know if they are considering filing a lawsuit. Understanding the state's laws can help you determine if you have a valid claim and how best to proceed with legal action.
If you’ve suffered an injury due to negligent security in Florida, contact the law firm of Brandon J. Broderick, Attorney at Law to discuss the case with one of our experienced Florida personal injury attorneys.
What is a Negligent Security Claim?
Negligent security claims fall under the broader category of premises liability law. They involve situations where a property owner or operator fails to implement proper security measures, and as a result, someone is harmed by a third party’s criminal actions. Such incidents can occur in various settings, including apartment complexes, shopping malls, hotels, parking lots, or entertainment venues.
Examples of Negligent Security
Negligent security cases can arise from a wide range of scenarios, including:
- Lack of security personnel: If a property owner fails to hire security guards in areas known for criminal activity, they may be held liable.
- Inadequate lighting: Poor lighting in parking lots, walkways, or entrances can create an environment where criminal acts are more likely to occur.
- Faulty security cameras: Non-functional or absent security cameras may prevent proper monitoring of an area.
- Broken locks or gates: Failing to repair or maintain security measures, like locks or gates, can increase the risk of unauthorized entry and criminal activity.
When these or similar failures contribute to an assault, robbery, or other criminal acts that result in injury, the property owner or manager may be liable for damages.
Legal Responsibilities of Property Owners in Florida
In Florida, property owners and managers have a legal duty to provide reasonable security measures to protect visitors and residents from foreseeable harm. Under Florida law, this is known as the “duty of care” principle, which requires owners to anticipate potential risks and take reasonable steps to mitigate them.
Determining Liability: The Concept of Foreseeability
For a property owner to be held liable in a negligent security claim, the injured party must show that the criminal act was foreseeable. Foreseeability means that the property owner could reasonably anticipate that a crime might occur on their property based on prior incidents or the nature of the area.
For example, if a parking lot in a high-crime neighborhood has experienced multiple assaults in the past, the property owner should take measures such as hiring security personnel or installing cameras. If they fail to do so and another assault occurs, they may be liable for damages.
The Florida Supreme Court has reinforced that foreseeability is a key element in determining liability. Courts will often look at past incidents of crime in the area and on the property itself when assessing whether the property owner took appropriate measures to ensure the safety of visitors.
Legal Precedents and Regulations
Florida's negligent security laws are informed by both statutory and case law. For instance, previous rulings have established that property owners must implement basic security measures when the likelihood of criminal activity is high. According to the Florida Statutes Chapter 768, which governs negligence actions, victims have the right to pursue compensation if they can prove that the property owner’s negligence directly led to their injuries.
Florida law requires plaintiffs to prove that:
- The property owner owed a duty of care.
- The property owner breached this duty by failing to provide reasonable security.
- The breach directly caused the victim’s injury or harm.
- The victim suffered damages as a result.
What Victims Should Know About Filing a Negligent Security Claim
If you or a loved one has been a victim of a crime due to inadequate security measures, there are several important steps to take when pursuing a negligent security claim in Florida.
1. Document the Incident
Immediately after the incident, try to document as much information as possible. Take photographs of the area, including any broken locks, poor lighting, or other unsafe conditions. Obtain contact information for any witnesses and gather any relevant details about the incident. This evidence can be an important element in building your case.
2. Seek Medical Attention
Even if you believe your injuries are minor, seek medical attention as soon as possible. A medical report will not only ensure that you receive proper treatment but will also serve as an important piece of evidence to show the extent of your injuries and how they were caused by the incident.
3. Contact Law Enforcement
File a police report and cooperate with law enforcement authorities. A police report will provide an official record of the incident, which can strengthen your case when proving that a crime occurred due to inadequate security.
4. Consult a Personal Injury Attorney
Florida’s negligent security laws can be complex, and the burden of proof lies with the victim. Consulting a personal injury attorney with experience in negligent security claims is often necessary to build a strong case. An attorney can help gather evidence, consult experts, and negotiate with property owners or their insurance companies to seek compensation.
Types of Damages Available in Negligent Security Cases
In Florida, victims of negligent security incidents may be entitled to various forms of compensation, including:
- Medical expenses: Coverage for hospital bills, ongoing medical treatment, and rehabilitation costs.
- Lost wages: Compensation for time missed from work due to the injury.
- Pain and suffering: Compensation for physical pain and emotional distress resulting from the incident.
- Loss of consortium: If a victim’s relationship with their spouse or partner is negatively impacted due to the injury, they may seek compensation for loss of companionship and support.
Call Brandon J. Broderick For Legal Help
Navigating Florida negligent security claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.