What is negligent security? When can you file a personal injury lawsuit?
Negligent security occurs when a business owner in the state of Florida doesn’t take reasonable precautions to safeguard their clients, customers or guests. Basic security measures must be implemented to prevent possible assaults, robberies, property damage or theft.
Florida premises liability law applies to a number of locations that serve the public, which include rental apartment complexes or homes, hotels, motels, retail stores or schools. In the event that you become a victim on public property, the owner may be held liable.
In order to determine if you are eligible for compensation, first you should consult with an experienced Tampa attorney to learn about your rights regarding negligent security in Florida.
Examples of negligent security
There are many instances in which a property owner may be liable for not ensuring another person’s safety. For example, a couple might enjoy a late-night dinner at a local restaurant. However, when they leave the restaurant, they are assaulted and robbed in the parking lot by a perpetrator who was hiding in the dark. Properly lighting the exterior of the building may have prevented the occurrence.
Some businesses protect their property day and night by employing security guards. Inappropriate hiring and training of security personnel may lead to criminal activity. If a crime was committed while security personnel were on duty, the property owner may be liable.
During a popular annual event, a hotel may overbook accommodations. If someone else has access to a guest’s room, which leads to theft, assault or another crime, the hotel can be held responsible for the error. Negligence may have occurred if there were missing or broken locks on guest doors, inadequate exterior lighting or other surveillance. Poor maintenance is also a potential threat in rental housing situations.
One or more bartenders at a local venue selling alcohol may continue serving drinks to someone who is obviously intoxicated. If the inebriated person gets into a fight with another patron due to their incapacitated state, the facility owner might be held liable.
Burden of proof in Florida negligent security cases
Security requirements for businesses or public locations depend on the type of property and the destination. In Florida negligent security cases, the victim must first prove that the property owner failed to adequately protect clients or renters from harm or risk. The plaintiff must prove that the defendant’s property wasn’t up to the established safety standards set forth by law.
The victim must also prove that they suffered injury or loss as a result of the negligence. The plaintiff must clearly demonstrate they were injured or suffered personal property loss secondary to the establishment owner’s negligence.
To improve the validity of their case, plaintiffs may use evidence to show that the defendant’s failure to provide sufficient security led to similar instances of criminal activity in the past. By continuing to neglect security issues, the present case was foreseeable and thus preventable.
In order to prove their case, plaintiffs may use photographs or videos of the property that demonstrate security problems. They should also obtain a police report documenting their crime, along with any reports indicating other crimes that occurred on the property or within the vicinity. Plaintiffs may also use prior negligent security complaints against the owner.
Establishing proof of personal injury or damages may involve gathering documented medical bills and treatments, proof of lost wages, a list of damage done to personal property and/or the cost of repairing or replacing personal property.
Damages related to Florida negligent security cases
The amount and type of damages recovered depend on the case and the facts surrounding your case. With the assistance of a qualified Florida premises liability attorney, a victim may be reimbursed for:
- Medical bills such as emergency transportation to a medical facility, emergency room and hospital room costs, physician’s fees, surgical and non-surgical treatment charges, prescription medication costs or rehabilitation therapy costs can be covered. Victims might also receive compensation for any future medical bills connected with the injury.
- Lost wages including current and possible future earnings, if the victim suffered long-term or permanent disability due to the crime, may be compensable in a negligent security lawsuit.
- Personal property damage, repair or replacement costs may be awarded for a long list of personal items involved in the crime. These items include, but are not limited to bicycles, cameras, eyeglasses, laptops, mobile devices, motorcycles or other vehicles.
- Pain and suffering. Plaintiffs might request compensation for undue pain and suffering, emotional distress, anxiety and similar mental injuries.
If you’ve been the victim of negligent security, you should know that you do have rights under Florida law. Consider talking to an experienced and trustworthy attorney who will fight for you and make sure you receive the full compensation you deserve. Florida residents know they can trust Lorenzo & Lorenzo.
