Under premises liability law, negligent security is defined. The most frequent kind of accidents covered by premises liability legislation are slip and fall incidents. Commercial property incidents such missing handrails or barriers in parking lots can cause slip and fall accidents, which can result in criminal activity or personal injury.
Negligent security goes a step further and includes scenarios in which the owner should have provided adequate protection but for whatever reason did not, and as a direct result, someone was a victim of crime. Victims in these situations have the option of suing property owners.
If you or a loved one has been hurt, you may be wondering if you have the legal authority to bring a negligent security claim or lawsuit with the help of a Florida personal injury attorney. Being hurt or experiencing an assault is not sufficient justification to make a claim. Negligence is required. This is why the term “negligent security” is used to describe this kind of case.
A Florida personal injury attorney can better break down negligent security in the context of your unique case. However, the following guide can provide the basics of negligent security to help you understand if you potentially have a case.
The Basics of Negligent Security
What is Premises Liability?
A legal principle known as premises liability applies to property owners and their duties to protect the security of guests, invitees, and site visitors. In Florida, property owners have a duty to address potential hazards that could reasonably result in harm.
This could involve correcting dangerous conditions, providing adequate warnings for dangers that owners knew or should have known about, or taking other measures to lower the likelihood of avoidable injuries.
Premises liability cases are fundamentally particular and fact-specific, and their complexity can range from open and obvious dangers like a slick grocery store floor to circumstances where the causal relationship between an owner’s conduct and a victim’s injuries is not entirely clear. As they frequently entail thefts and theft perpetrated by other guests or persons, gun violence, sexual assault, and physical violence, negligent security claims are among these more challenging instances. They can entail altercations at hotels, athletic arenas, and other locations, as well as brawls in bars, nightclubs, and other establishments of a similar kind.
What Qualifies as Negligent Security?
In most negligent security lawsuits, it is claimed that the property owner did not take all necessary precautions to safeguard the safety of the premises and visitors. This may be the result of failing to employ an appropriate number of security staff, use readily available security equipment, or engage a security agency.
Negligent security claims may also be brought about by inadequate illumination, broken security cameras, or inadequate property monitoring.
Other, less typical grounds for negligent security lawsuits include the following:
- Failure to maintain or repair damaged locks, gates, and other access points.
- Failure to issue warnings regarding potential threats, theft concerns, or criminal behavior.
- Failure to keep an eye on the property, bar admission, or defuse a conflict.
- Events without metal detectors or inspections for weapons.
- Failure to take action after learning about crime and criminals on the property or in the area.
How to Establish Negligent Security for a Premises Liability Case
If you were injured in a mugging that happened in a mall parking lot, that act alone is not reason to pursue a complaint. Instead, if the owners were made aware of several muggings in the same parking lot, the security cameras did not function, the illumination was poor, and you were also robbed and hurt there, you could be eligible for compensation after filing a claim for damages with a lawyer.
If you claim negligent security, you must prove that you were not responsible for the mishap or your injuries.
You must show that the responsible party was careless in its security demands and that they failed to provide the appropriate degree of responsible protection for the business property, apartment building, healthcare institution, school, workplace, or any other public location.
You must show that this careless security directly led to your injury and that your injuries caused damage. To be entitled to compensation in a negligent security action, you must demonstrate that this specific injury actually occurred.
Establishing what duty of care should have been used and what kind of security should have been there is the first stage in showing that a corporation has negligent security. You must demonstrate that the property owner should have taken action but chose not to. These guidelines apply to a wide range of irresponsible security issues.
Some examples are commercial buildings without security systems, performance venues without security guards, and student dorms that are not risk-free. Any violation of these security obligations may be regarded as negligent security.
You must then demonstrate that your injuries are genuine as a result of the breach of conduct after proving there was negligent security. You must prove how the responsible party or defendant breached that duty of care as the victim or plaintiff.
You might use a Florida personal injury attorney to demonstrate that the owner’s inaction or careless security caused your actual harm. Medical records make it much simpler to demonstrate physical injuries, but it might be a little more to demonstrate emotional or mental suffering as part of your negligent security claim.
If many parties were accountable for your injuries, the property owner, such as the company, hospital, employer, or even a city or county, may be held individually or jointly liable.
Negligent Security: Claims vs Lawsuits
Whether you decide to cooperate with a lawyer or not, the procedure starts with a negligent security claim if you were injured as a consequence of inadequate security.
In contrast to a lawsuit, a claim works with the insurance company on behalf of the property owners to attempt to get reimbursement through insurance. In these circumstances, you and your attorney try to negotiate a settlement with the insurance agents.
In the event that this cannot be settled, a lawsuit is filed and the courts become involved. After a trial, a judge or jury may now order a negotiated settlement. Premises liability disputes are often resolved before going to trial. The owners will benefit more from this since any financial risk will be reduced. The settlements may come to an end in as little as a few months or as long as a few years.
The Florida Personal Injury Attorneys at the Law Offices of Terrell Hogan Can Help You Identify If You Have a Premises Liability Case
Assault can result in severe mental and bodily harm in Florida. It’s possible for victims to have mental anguish for years after their physical wounds have healed. In Florida, professional therapy may even be required in order to deal with and recover from such trauma.
It is crucial to recognize that you have rights if you or a loved one has been assaulted in Florida and to contact a Florida negligent security attorney. There may have been irresponsible security or insufficient illumination that put you in danger and eventually made it possible for your assailant to hurt you.
The Law Offices of Terrell Hogan’s Florida personal injury attorneys have the empathy and trial-lawyer expertise to present your case before a jury. We will get to know you and your family to explain what has occurred to you and how it has affected your family to the jury.
Get the money you need to make up for the losses and injuries you’ve experienced. Contact us at (904) 722-2228 right away to begin your quest for justice.
What do you think about the laws surrounding negligent security? Tell us what you think in the comments. If you’re in need of a Florida personal injury attorney after a case of negligent security, remember to speak with a representative from the Law Offices of Terrell Hogan to learn more about launching a premises liability case.