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 injury attorney who can assess the situation.
We 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. Our personal injury attorneys can guide individuals through the legal process.
Filing a Negligent Security Claim
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
- 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.
Damages for Negligent Security
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 4 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 2 years. Failing to file within this time frame could mean losing the right to take legal action altogether.
Our Legal Team
At Lusk, Drasites, & Tolisano, our dedicated injury lawyers understand what it takes to represent those who have fallen victim to violent crimes. We believe in holding business and property owners accountable for the avoidable hazards that they create.
Our accident attorneys assist injured individuals near Cape Coral, Fort Myers, and Naples. To request your free legal consultation with one of our Florida injury lawyers, call us toll free at (800) 283-7442.