Though Florida can boast balmy weather and beautiful beaches, our state does see its fair share of criminal assault, robbery, and other types of violent crimes. These types of crimes typically occur in public places, such as malls, schools, hotels, bars, and amusement parks. Oftentimes, these violent incidents are preventable but arise due to negligent or inadequate security on the part of the property owner.
In Florida, property owners have a legal obligation to keep visitors to their property safe. If they are unable to live up to this standard, they should be held liable if someone is attacked or harmed due to their negligence.
To keep you and your family safe from these types of violent crimes, it’s important to be aware of examples of negligent security that may pose a threat to your security. Common examples of negligent security in Florida include:
LIABILITY: 6 COMMON TYPES OF NEGLIGENT SECURITY
Property owners have a responsibility to provide sufficient lighting for their guests, tenants, and employees. Adequate lighting is essential to ensure the security of all those who enter a public place, such as a mall, apartment building, or parking structure. Without proper lighting, visitors to a building are not only more likely to trip and fall, they are more vulnerable to criminal attacks and violence, including theft, sexual assault, and kidnapping.
Lack of security cameras.
One of the main reasons security cameras are so effective is that criminals may be deterred from committing crimes when they know they are being watched and their likelihood of being caught is greater. In addition, security cameras can catch crimes as they occur and provide important evidence in court. Property owners have a duty to install, monitor, and maintain security cameras to ensure the safety of visitors—particularly in areas with high crime rates.
Lack of security guards.
Much like security cameras, security guards may also act as a deterrent to potential criminals. Property owners have a responsibility to provide competent security guards for guest and employee protection in areas with high crime rates.
If an employer hires an aggressive employee or fails to perform a background check on an employee with a criminal history, this person can pose a threat to coworkers and customers alike. If a business owner’s negligent hiring results in injury, theft, stalking, or sexual assault, they should be held accountable for the damage their grievous carelessness causes.
Broken or inadequate gates and locks.
When property owners fail to install and maintain adequate gates, locks, and other types of security systems, this allows easy access for intruders, inviting crimes such as robbery and assault.
Failure to establish and maintain proper safety procedures.
Property owners have a responsibility to implement and maintain reasonable safety measures to protect guests, employees, and tenants. This includes recognizing likely crime threats and safety hazards and establishing and maintaining appropriate security measures to counter such risks.
When property owners put profits over the safety of their visitors, employees, and tenants, they should be held responsible if injury or harm occurs as a result. If you or someone you care about suffered physical, psychological, or financial harm on another’s property, contact us. With the help of an experienced personal injury attorney, you may be able to recover compensation for medical bills, lost wages, and overall pain and suffering.
The skilled Florida personal injury lawyers at Neufeld, Kleinberg & Pinkiert, PA have the expertise to develop a compelling case to illustrate the negligence of the property owner that caused your injuries.
ELEMENTS OF A LEGAL CLAIM OF NEGLIGENCE IN A PI CASE
If you have been injured due to another person or entity acting in a reckless, or negligent manner, your personal injury lawyer will need to show the four elements of a tort exists. A tort is simply civil wrongdoing. These elements include:
Duty of care:
the defendant must have had a legal responsibility to act in a manner consistent with a reasonable level of care. In a negligent security case: its showing that the owner has a duty to keep their expected patrons/residents safe.
Breach of duty:
if the defendant is found to have the legal duty of care but did not act in an expected manner, then he or she has breached that duty. In a negligent-security case: showing how the business or premises owner failed to maintain their property in a secure manner, especially if they had ample reason to know of the potential harm that impacted our client (i.e. history of violent crime on the premises, nearby premises or similarly-situated premises).
Injury and cause of injury:
you, the plaintiff, must prove that you suffered an injury and that the breach of duty caused the injury.
in most instances, the plaintiff must show the financial hardship, medical bills, lost wages, pain and suffering, etc… caused by the injuries.
A Florida personal injury lawyer in North Miami Beach can assess your case and help you understand if you have a valid claim that will withstand the intricacies of the law.
SOUTH FLORIDA PERSONAL INJURY ATTORNEYS
Some injured people may be overwhelmed or intimidated when considering if they should file a personal injury claim. The attorneys at Neufeld, Kleinberg & Pinkiert will give you the guidance you need to determine the best route for your monetary recovery. We will never mislead a client. We don’t accept every case and do not charge for consultations. But once we accept your case, we will handle communications with the other parties, the police and the insurance companies. You will be relieved of the stress of trying to recover financially so you can take all necessary steps to recover physically and mentally.