If you or a loved one has been the victim of a crime on someone else’s property, it is important to speak to an experienced attorney who can assess the situation. A legal professional can investigate the facts of your case to determine whether or not you may have a viable negligent security claim through which you can seek compensation. At Lusk, Drasites & Tolisano, our knowledgeable premises liability attorneys can guide individuals in the Fort Myers area and elsewhere in South Florida through the legal process.Bringing a Negligent Security Claim against a Property Owner
Negligent security cases generally involve an individual being assaulted, raped, robbed, or harmed in some way. These incidents often take place at shopping malls, restaurants, nightclubs, parking garages, hotels, casinos, schools, churches, or apartment complexes. Some examples of negligent security include:
- Insufficient lighting in a parking lot or common area;
- Inadequate locks that allow easy access for intruders;
- Lack of security cameras;
- Lack of hired security; or
- Insufficient video surveillance.
Business and property owners in Florida have a legal duty to provide safe premises to individuals who enter the land. This includes a duty to protect visitors from harm caused by intentional criminal acts of third parties when those acts are foreseeable. Thus, foreseeability is a key factor in these types of cases. It is necessary that the property owner be reasonably able to foresee that some injury may well occur. For example, if a neighborhood has a pattern of crime, it is probably foreseeable that a crime may occur in an apartment building if it lacks adequate locks.
In order to prevail in a negligent security claim, the plaintiff must establish the following elements. The property owner must have had a duty to provide basic security measures for the premises, the property owner must have breached this duty by failing to provide the security measures, the breach must have caused the victim’s injuries, and the victim must have incurred damages as a result.
Violent crimes can have serious consequences. If a plaintiff can establish negligence by a property owner, he or she may be able to recover a wide range of damages, such as medical bills, pain and suffering, and lost income. If a victim sadly died as a result of a crime, surviving relatives may be able to recover compensation for medical expenses prior to the decedent’s death, burial and funeral expenses, loss of companionship, and more.
Florida law requires that a negligent security claim be filed within four years from the date of the incident. This time window is known as the statute of limitations. A wrongful death claim must be filed within two years. Failing to file within this time frame could mean losing the right to take legal action altogether.Enlist a Fort Myers Attorney to Seek Compensation for Your Injuries
At Lusk, Drasites and Tolisano, our dedicated injury lawyers understand what it takes to represent Fort Myers residents and others who have fallen victim to violent crimes. We believe in holding business and property owners accountable for the avoidable hazards that they create. We also assist injured individuals in cities such as Naples, Port Charlotte, Lehigh Acres, and Sarasota. Call us toll-free at (800) 283-7442 or contact us through our online form to arrange a free consultation.