What is a Negligent Security Claim?
When a person visits a mall, movie theater, nightclub, bar, or other public premises, they trust the property owner has done their due diligence to keep the premises safe. Negligent security is one of many different types of premises liability cases that can be brought against a landowner when a person is injured by a third party on a landowner’s property. Today, negligent security claims are increasingly more common. In many cases, the injuries sustained by victims are violent. Some examples include robbery, rape, assault, battery, etc. When an individual brings a negligent security lawsuit against the owner of a premises, they are essentially trying to hold the landowner liable for their injury as a result of the landowner’s failure to offer reasonable security measures and protections for visitors or invitees on their property. In a negligent security lawsuit, the injured party must show that the duty imposed on landowners and possessors of property to offer reasonable security measures and/or protect lawful visitors from foreseeable criminal acts was breached. The general assumption is that when a third party carries out a criminal act, if the criminal act could have been prevented by implementing security measures and/or protections, the landowner was likely negligent. This duty applies to both commercial and residential landowners. For instance, a college or university is responsible for the safety and security of its students. As such, a college or university must provide adequate security measures and/or protections to keep its students safe. In the same way, a commercial retail business has a duty to protect consumers who shop at their businesses from foreseeable criminal acts by third parties. On the other side of the spectrum, while a residential tenant may have control of what transpires while a social guest is inside their home, a residential tenant likely has no control as to what happens to a social guest while they are on their way to their vehicle in the guest parking lot. As you can expect, in those situations the tenant has no duty to protect the social guest from criminal acts.
How to Prove a Negligent Security Claim in Florida
In order to prevail in a negligent security claim, a plaintiff must show that the landowner failed to meet their duty to discover similar prior criminal activity conducted by third parties or failed to adequately warn visitors to avoid injury or harm. Additionally, the plaintiff must prove that they were lawfully present on the premises where the injury occurred and that the harm or injury by a third party was reasonably foreseeable to the property owner and could have been prevented if the property owner had implemented security measures. The key issue in these types of premises liability cases is the concept of foreseeability and its relation to causation. Overall, adequate or proper security for a particular property will vary and will ultimately depend on the facts and circumstances of each case. Some examples or ideas for landowners may include security guards, lighting, locks, etc. However, it is important to note that in the state of Florida, some landowners that take certain precautions and implement security measures enjoy a presumption against liability for third party criminal attacks. Specifically, with respect to convenience store owners. Convenience store owners that install security camera systems, notify customers that the register contains less than $50, use drop safes, etc. enjoy a presumption against liability if sued by an injured business invitee.
Speak with a Personal Injury Attorney Today!
There are so many valid reasons for injury victims to enlist the help of a personal injury lawyer. If you or someone you love has been injured as a result of criminal act by a third party on someone else’s property, we may be able to help you obtain compensation for your injuries. If you have a high value claim, sustained serious life altering injuries, or are dealing with a dishonest insurance company, you will surely be better off retaining a skilled personal injury attorney to help manage your negligent security claim. Our team will ensure that your rights are protected. At Suarez and Montero, our policy is that if you don’t recover compensation, you won’t pay any fees for our services. Not to mention, we also provide free case consultations where we assess the circumstances surrounding your case and give you an objective overview of what steps you can take going forward if you decide to act against the party responsible for your injuries. For over 19 years, we have delivered quality legal representation for people who, through no fault of their own, have been injured in all types of accident and incidents. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
