Negligent Security Lawyer
Hollywood Negligent Security Lawyer
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.
What Does Negligent Security Mean?
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.
Florida Negligent Security Laws
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.
- Property owners must maintain a safe environment for their visitors.
- Property owners must warn visitors of any dangers they may not be aware of, especially concealed dangers.
- Property owners must take adequate steps to remedy any dangerous conditions on their property.
- Property owners must take steps to identify any dangers on their property of which they may not be aware.
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.
- Notices posted that the cash register contains less than $50
- Lighting in parking lots
- Security cameras
- Limited cash on site
- Silent alarms
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.
Potential Damages in Negligent Security Cases
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.
- Physical pain and suffering refers to the ongoing physical pain you suffered because of the event, and that which you may continue to suffer from in the future. It can include chronic pain you may suffer from due to a violent assault. You may also claim physical pain and suffering damage for permanent or partial disability or impairment.
- Mental pain and suffering damages are more common in negligent security cases. These damages refer to the mental trauma and anguish you suffered as a result of the negligent security injury. Mental pain and suffering can include emotional distress, post-traumatic stress disorder, loss of quality of life, depression, anxiety, fear, anger, and other adverse effects of the incident.
Proving Negligent Security Cases in Florida
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.
- First, establish that the at-fault party had a legal duty to provide basic security for the building or premises you suffered injuries on. The definition of these basic security measures will depend on what type of premises is involved in your case. Commercial buildings will require different security measures than an apartment complex. Usually, the at-fault party should have provided sufficient lighting in certain areas, working locks on doors and windows, and hired adequate security personnel to protect the premises.
- Next, prove that the at-fault party breached his or her legal duty to provide those basic security measures. Usually, your attorney can uncover this breach during the investigation process. Proving that the locks on your doors were not strong enough to reasonably keep out an intruder or a dark entryway made you susceptible to attack can help satisfy this element.
- Then, the courts require proof that the at-fault party’s breach in providing these basic security measures directly led to your injuries. For example, if you experienced a break-in due to insufficient locks and had your property stolen, you can prove that your landlord’s inability to install reliable locks led to your losses. If you suffered a broken bone due to a mugging in a dark stairwell, you can also file a claim against your building owner for insufficient lighting.
- Finally, your lawyer must prove that you suffered harm and damages because of the incident caused by the at-fault party’s breach of legal duty. If you can prove that you suffered property damage and theft due a break-in caused by unreliable locks, you can collect damages to compensate for your losses. If your medical records show that you suffered from broken bones after your stairwell attack, you can receive compensation to pay for your medical bills and your lost wages, among other expenses.
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.
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