Property owners have a responsibility to take reasonable precautions to provide a safe environment for anyone on the premises. When someone is injured or killed on another’s property, they may have a case against the property owner if the owner was negligent. Negligence means that the owner knew or reasonably should have known that the property was not safe, and still failed to take corrective action. Cases involving property owners’ negligence are premises liability cases. Our team of Hollywood negligent security lawyers is committed to providing victims of these cases the legal representation they need.
One type of premises liability case is that of negligent security. These most often involve apartment and office buildings. Property owners must provide a reasonable level of security, whether it’s passive security in the form of properly locking doors, adequate lighting, and surveillance cameras, or active security by dedicated personnel such as doormen and security guards.
Under Florida’s premises liability laws, every property owner has an obligation to keep his or her property safe for any patrons, tenants, employees, or visitors. If a Florida property owner fails to adhere to these laws, he or she could be negligent and liable for any injuries that occur due to his or her oversight. The property owner must exercise reasonable care in the following ways.
These requirements extend themselves to security measures on properties. If a certain area of the premises does not have security cameras, adequate lighting, or security personnel, the property owner puts his or her visitors at risk for criminal activity. If a building does not have adequate locks or security, the property owner puts tenants at risk of break-ins and theft. Building owners must take steps to implement basic security measures on their property – if they do not do so, they are committing an act of negligence.
Some premises, such as convenience stores, are subject to specific security laws because of their high risk of theft and crime. Owners of these establishments must take specific security measures to reduce the risk of crime at the store. If they successfully implement the following measures, they have a reduced presumption of negligence because they took steps to reduce the risk of crime.
The more security a property implements, the less likely a criminal will attempt to commit a crime on the premises. Property owners only strengthen their defense against negligence if they implement additional security measures, such as adequate lighting, fencing, alarms, door locks, or security personnel.
While property owners cannot guarantee that a crime will not occur on their property, they should reasonably anticipate that a crime may occur. In fact, Florida law requires property owners to implement measures to protect and alert visitors, tenants, employees, and patrons of these potential dangers. If they fail to do so, you could hold these individuals liable for your injuries.
When you file a lawsuit over negligent security in Florida, you can collect compensatory damages to recover from your losses. Your losses must directly tie into the injuries you suffered due to the negligent security. You can collect both economic damages, which encompass out-of-pocket losses, and non-economic damages, which can include additional, non-quantifiable damages.
Economic damages can include out-of-pocket expenses and the loss of belongings that held monetary value to you. For example, you can claim medical expenses for any injuries you suffered as a result of negligent security. Medical expenses could include doctor’s visits, hospitalizations, prescriptions, physical therapy, and even transportation to and from the hospital. You can also claim lost wages for the time you had to take off work to recover from your injuries.
When it comes to negligent security, another major economic damage you may claim is compensation for items of monetary value. If you suffered from property damage as a result of negligent security, such as broken windows, locks, or a damaged vehicle, you could receive compensation to pay for these damages. If you experienced a break-in or mugging due to insufficient security, you can receive compensation to replace your stolen items.
Non-economic damages are more difficult to define. Simply put, these damages compensate you for the pain and suffering you endured because of your injuries. You can receive damages for two types of pain and suffering: physical and mental.
Negligent security cases require your attorney to prove the doctrine of negligence in the courtroom. You will have to allege that the at-fault party, in this case a landlord or building owner, failed to utilize reasonable care when implementing security in the building. As a result, you suffered injuries that resulted in the damages you are claiming through the lawsuit.
To prove that the at-fault party engaged in negligent security, your attorney must prove the following four elements.
Proving a negligent security case in Florida can be challenging without the right experience or legal background. You will have to satisfy all of these elements with direct evidence to successfully win your settlement. For best results, obtain the services of the negligent security attorneys at Fischer Redavid PLLC. Our attorneys will examine the facts of your case carefully, collecting evidence to craft a compelling case in your favor.
If you or someone you know was injured or killed while on property belonging to another, you may have a case of negligent security or other premises liability. In these cases, time is of the essence, because it’s important to document the nature of security at the property at the time you sustained an injury.
All of our personal injury clients pay legal fees only if and when we are able to secure compensation for their losses. Unlike some firms, we do not simply file briefs and write letters. Our Hollywood negligent security attorneys are tough negotiators with a reputation for taking cases all the way to jury verdicts.
You would be hard-pressed to find a team who works harder than Fischer Redavid PLLC. Call our offices today at (954) 860-8434 to schedule your free case evaluation.