Negligent Security Attorney in Florida
What is negligent security?
Negligent security cases are a form of premises liability action. They’re based on the property owner’s legal obligation to provide adequate security measures to protect individuals who enter their premises. So if you become a victim of assault or any other criminal activity on someone else’s commercial or private property, you may be able to sue the owner of the property to seek compensation for your damages under Florida’s premises liability law.
What constitutes negligent security depends on the type and location of the property, whether the crime was foreseeable, and many other factors so it’s best to consult with an experienced negligent security attorney to review your case.
Types of properties that can contain inadequate security measures
Typically, negligent security claims are brought against owners of commercial properties, which include the following types of locations:
- Parking lots
- Shopping malls
- Nightclubs
- Restaurants
- Bars
- Apartment complexes
- Convenience stores
- Grocery stores
- Sports stadiums
- Amusement parks
- Office buildings
- Hotels and motels
- Banks
- Concert venues
- Subway, train, and other public transportation stations
- Other places of business
Examples of negligent security
Providing adequate security measures can lower the risk of a crime being committed on the property so when a property owner fails to provide proper security, they can be held liable for the resulting injuries and damages caused by a third party’s criminal acts.
Common examples of inadequate/negligent security include:
- Poor, damaged, or missing lighting.
- Broken or missing locks on doors, windows, gates.
- Lack of security cameras or alarms.
- Failure to monitor security cameras.
- Improper or missing emergency exits.
- Improperly-trained security guards.
- Lack of security personnel.
- Failure to respond to security alerts or emergency calls.
- Failure to follow security policies or procedures.
- Failure to warn visitors of known risks or dangers.
Factors that influence a negligent security claim: Status at the time of incident
Whether or not you can sue the owner of the property on which you were injured depends on your status at the time of the incident. Typically, under Florida’s premises liability law, property owners owe a higher duty of care to invitees and licensees.
Under Florida Statutes Section 768.075, property owners are immune from liability for injuries to a trespasser on their property when:
- The trespasser was under the influence of an illegal controlled substance or alcohol at the time of the incident;
- The trespasser was in the act of committing or attempting to commit a felony.
Exceptions when a property owner may be held liable for injuries to trespassers include:
- The trespasser had a reason to believe that they were allowed to be on the premises;
- The trespasser was a “discovered trespasser”; or
- The property owner’s actions can be classified as intentional misconduct or gross negligence.
Factors that influence a negligent security claim: Foreseeability
The injured party’s status at the time of the incident is not the only factor that affects their ability to sue a property owner for inadequate security measures. Negligent security claims are also based on the concept of foreseeability.
Foreseeability requires the plaintiff (the person filing the claim) to prove that the property owner could have foreseen the risk of harm or criminal act.
To prove this, a victim should contact an experienced negligent security attorney in Florida to help find evidence of similar prior criminal activities on the property or in the neighborhood to establish the concept of foreseeability.
How much time do you have to file a negligent security claim in Florida?
Under the Florida Statutes Section 95.11, premises liability cases involving personal injuries must be brought within four years from the date of the injury. Thus, the statute of limitations for filing a negligent security claim in Florida is four years from the date of the incident. However, if a loved one died because of inadequate security measures on someone else’s property, the surviving family members have only two years to file a wrongful death lawsuit.
What damages can be recovered in a negligent security case?
If you were injured as a result of violent criminal activity on someone else’s property due to inadequate security, you might be able to file a negligent security claim to recover the following types of damages:
- Compensatory damages, which include economic and non-economic damages. Those damages are intended to compensate you for your damages and losses, including but not limited to medical bills, lost wages, loss of enjoyment of life, pain and suffering, and others.
- Punitive damages, which are designed to punish the negligent party for their conduct. Under the Florida Statutes Section 768.73, an award of punitive damages may not exceed $500,000 or three times the amount of compensatory damages, whichever is greater.
Contact an experienced negligent security attorney in Florida
If you have become a victim of a crime due to inadequate security on commercial or private property, consult with a skilled negligent security lawyer in Florida. Contact Rick Kolodinsky, P.A., to determine liability and pursue full compensation. Call 386-200-1866 for a no-obligation case review.
