Property owners are responsible for the security and safety of all the visitors that step foot on their premises. Whether corporate, retail, or residential property, the individual in possession of the property is responsible for all fatalities and injuries. If you have been a victim of an accident on someone else’s property and believe the owner should have known about a defect in the security measures, you may be entitled to compensation. Coleman Law Group’s Tampa negligent security injury lawyers defend victims in personal injury, wrongful death, and premises liability lawsuits. We realize the challenges and possibly anguish you are experiencing due to someone else’s negligence.
Our legal representatives defend your rights. In addition, we can assist you in attempting to obtain compensation for medical costs, missed wages, and pain and suffering. To schedule a free consultation, call us today.
What Is Negligent Security?
In Florida, property owners must take reasonable precautions to ensure the safety of their visitors and customers.
Slip and fall or trip and fall incidents are common in premises liability lawsuits. Negligent security cases frequently stem from physical assault, sexual assault, or another serious crime. Property owners aware of the potential of criminal conduct but do nothing to mitigate it are accountable if others are injured.
If you are a victim of a preventable crime had serious measures been taken, working with a Tampa negligent security lawyer can ensure you will get fair compensation.
Examples of Negligent Security
In general, a third party should be protected from all foreseeable risks when you enter public venues like schools, hotels, pubs, airports, your workplace, or even the home you are renting. Generally, when something on their property provides an unreasonable risk to others, and that risk is not readily apparent, a property owner or business is guilty of negligent security.
To prevent crimes perpetrated by a third party against persons on the property, utilize common safety measures like adequate lighting, fences and locks, security guards, and video cameras. For instance, venues like pubs, casinos, and nightclubs need sufficient security to shield customers from fights and other forms of violence.
Another example would be for businesses to provide adequate lighting in their parking lots to deter crimes against their customers. Ultimately, all landlords and company owners must take reasonable safety precautions to shield their clients, customers, and renters from third-party harm.
What Types of Damages Are Available to Victims of Negligent Security?
To recover damages from the negligent security case, you must prove that the owner knew of the dangerous condition on their premises and did not take steps to overcome such situations.
Also, you must show that you sustained an injury on the property. If you can prove the accident, you might be able to recover damages for:
- Punitive damages
- Emotional distress
- Pain and suffering
- Lost wages
- Medical expenses
What is the Owners’ Responsibility?
A business, property owner, or possessor has many legal obligations under Florida’s premises liability statutes to provide security to those who enter their institution for commercial purposes. These legal responsibilities include:
- Maintaining a safe atmosphere for guests with reasonable care;
- Taking appropriate precautions to uncover any potential hazards on the premises;
- In the exercise of reasonable care, warn invitees of any hidden dangers they could not otherwise be aware of; and
- Taking reasonable measures to correct or adequately address a potentially harmful situation.
The Concept of Foreseeability & Proximate Cause
The question of “Who was at fault?” is answered in every personal injury liability case. To determine liability, it must be determined whether the harm should have been anticipated or whether reasonable care was taken or was foreseeable. The primary method of determining the cause is foreseeability. Unfortunately, there are only a few cases where harm is “unforeseeable”:
Unpredictable Type of Injury: When an injury to another person is not predictable due to a negligent act, no party can be held liable.
Unforeseen Cause of Injury: When another person is harmed by an unforeseeable superseding cause, the person who committed the negligent act is held liable.
Unpredictable Extent of Injury: When a person is injured due to someone else’s negligence, the negligent party is liable regardless of the foreseeable harm by the at-fault party (also known as the “Eggshell Skull” rule). For example, suppose the victim of an assault in a store parking lot is pregnant and thus requires thousands of dollars in medical treatment. In that case, the store may be liable for the full extent of damages – even if the store had no way of knowing the victim was pregnant.
In negligent security cases, foreseeability typically arises from crimes of opportunity rather than deliberate criminal acts. A crime of opportunity, for example, occurs when a criminal sees an ATM with no security cameras and decides to rob the person. However, location is not a major factor if a person intends to injure or kill someone, and thus negligent security can be difficult to prove.
Criminal Security Vs. Negligent Security
A person arrested for an armed robbery, a sexual assault, or child molestation may be prosecuted for their acts. The defendant may be sued in civil court by the victim or their family for monetary damages. Although the purpose of the criminal justice system is to punish individuals who are found guilty of crimes with jail time and fines, the victims of these crimes receive minimal compensation during these proceedings. As a result, a negligent security injury claim frequently needs to be made to provide compensation for the victim and their relatives.
Tampa Requirements to Prove Negligent Security Injury Accident Claim
As a victim, there are some things that you should know about negligent security. Firstly, you will prove that injury occurred due to the third party on the owner’s property.
Secondly, the property owner failed to take the necessary precautions or procedures to avoid the circumstance. Convenience stores are classic examples of such scenarios. You will show that the safety precautions were not followed.
The main point to remember is that your injury should be predictable to receive a settlement. The premises owner’s lawyers will fight hard to win this component. Their client may face criminal penalties for the negligence that could have cost you your life in addition to paying you damages.
How Can a Tampa Negligent Security Lawyer Help You?
To begin, the lawyer will provide a free consultation during which you can ask questions concerning the accident, injuries experienced, medical costs, and so on.
If you decide to proceed, the lawyer will conduct a thorough interview with you and explain the price structure. You’ll need to provide him with all the evidence you’ve gathered, hospital bills, photos, videos, and anything else relating to the accident.
The lawyer will begin their investigation by gathering evidence and information. Then, the attorney will make every effort to make your injury compensation claim as strong as possible.
After the investigation, the lawyer will talk to you regarding the compensation. Next, they will try to claim that amount from the party responsible.
For a free consultation and case evaluation with one of our caring and compassionate attorneys at the Coleman Law Group, call (727) 214-0400.