How Much is My Negligent Security Case Worth?
Under premises liability law in Florida, property owners and occupiers have a duty of care to protect others from any violent acts and crimes on the property that could arise as a result of rape, robbery, assault, or battery. If you are hurt as a result, a personal injury lawyer can work with you to hold the property owners accountable for failing to uphold their obligations.
What Are Inadequate Security Measures?
Negligent or inadequate security measures include the failure to provide security cameras, guards, fencing, and appropriate lighting. Also, failing to conduct a risk analysis or security assessment could help establish a case of negligence.
A common feature in negligent security claims is based on the legal duty owed to you to provide a safe environment. Often, differences are found in the relationship between the parties involved. The defendants may be landowners, landlords, security companies, managers, business operators, personnel, or vendors, acting in a capacity that vests control over a property or the security functions. You may be a customer, a tenant, a guest, or a vendor yourself. Just as long as you weren’t trespassing when you were injured, you may be able to claim for your injuries.
Have You Been Injured on a Private Property?
Property owners are compelled to take reasonable steps to monitor and maintain the safety of their premises. Their responsibility extends to securing a building’s premises as well as the parking lots for shopping plazas and apartment complexes.
The property owner’s duty includes having adequate lighting, trained security staff, and other procedures to minimize the chances of crime. If you have been injured while a crime is in progress, the victim of a robbery, caught as a bystander in the crossfire of a drug sale that’s gone wrong, or even been the victim of a carjacking, you have the right to seek compensation for your injuries caused by the property owner’s negligence.
Filing a Negligent Security Claim in Florida
Depending on your case, you might be able to seek compensation for a violent crime you suffered on a poorly protected property. A skilled personal injury attorney will review the details of your case to see if certain criteria are met for a valid claim. These criteria also help to determine how much your case is worth, and include:
- Insufficient security guards
- Inadequate lighting
- Lack of maintenance
- Failure to install surveillance cameras and alarms
These types of details show that a property owner was negligent in giving you the protection you are entitled to. Once such inadequacies are discovered, the property owner can be held liable for your injuries, regardless of whether or not they knew there were security issues on their property.
Proving a Case of Negligent Security
To win damages, the court must find that the property owner either knew or should have been aware of the fact that someone could be victimized on the property. Typically, your personal injury lawyer will use a security expert to determine if the property owner failed to meet expectations. The expert will review public records that show the frequency and nature of crime in the area in which you were injured, and analyze the existing security measures to determine if the property owner acted reasonably. Crime statistics are also used to build a case of property owner negligence.
Seeking Compensation for Your Injuries
The amount you are eligible to receive will depend on your injuries and the details of the incident.
A personal injury attorney will help seek damages for the following:
- Lost wages from time missed off work, including housekeeping expenses, decreased earning capacity, and childcare.
- Medical expenses – including ambulatory costs, hospital bills, medical supplies, transportation to and from doctor’s appointments, rehabilitative care, the cost of ongoing care if any is required.
- Emotional repercussions
- Pain and suffering – including loss of enjoyment of your life, loss of companionship, the inability to enjoy your previous lifestyle, and the loss of consortium.
- Wrongful death damages if a loved one lost his or her life to the crime on the property
- Punitive damages – these damages are used to punish the defendant in a case where the property owner is found to be egregiously negligent.
When you work with an attorney at Wolf & Pravato, you can concentrate on recovering from your injuries and emotional trauma, while we take care of all the legal aspects of the case. Our Florida legal team will negotiate on your behalf, or litigate if necessary, to seek restitution for the expenses you have incurred from the ordeal. If you’re looking for representation, contact Wolf & Pravato today to at 954-633-8270 to speak with one of our Florida negligent security attorneys.
