Negligent security occurs when a person is injured by a crime or violent act, such as an assault, robbery, or rape, on someone else’s property. The resulting physical injuries can be severe. These injuries include broken bones, lacerations, and head and spinal injuries, and there may be emotional damage as well. A criminal attack may also result in death.
If you or a loved one sustained injuries because of negligent security, you may be able to receive compensation for both monetary and non-economic losses through a negligent security lawsuit.
Florida laws and processes for recovering compensation are complex, but there is help available. The Davie negligent security lawyers at Ben Crump Law, PLLC are equipped to handle all legal details and hurdles. We will examine the facts of your individual case without charge and determine the best way to proceed with getting you the settlement you deserve. Call us today at 800-896-1221 so we can start working for you right away.
Requirements to Prevent Negligent Security
Criminal attacks and robberies happen too often in our country. Thus, it makes sense that owners and managers of businesses are required by Florida law to take steps to provide a safe environment for people who enter their establishment for business.
Reasonable measures to prevent crime include:
- Keeping premises safe for visitors.
- Warning of concealed dangers people may not be aware of.
- Looking for any dangers that might be present.
- Correcting any known dangers.
For a free legal consultation with a negligent security lawyer serving Davie, call 800-896-1221
Security Measures Business Owners Must Take
While no security measures can completely prevent crime from ever happening, there are security steps that responsible owners should take to reasonably anticipate potential dangers, alert people coming to the property of these dangers, and remedy them as much as possible. Proper security measures strongly decrease the chances that a criminal will choose that property to stage an attack. If there is failure to take these security measures and someone is injured, the owner or other responsible parties may be held liable for negligent security.
Providing security to ensure safety may include:
- Installation of security cameras and alarm systems.
- Well-lit parking lots and walkways.
- Security guards on Fenced off areas.
- Signs warning of existing dangers.
Regarding convenience stores which are particularly susceptible to robbery, Florida state law requires additional security measures. These include having:
- A drop safe or cash management device for restricted access to cash.
- A notice at the entrance which states that the cash register contains $50 or less.
- Window signage that allows a clear and unobstructed view from outside the building.
- A cash management policy to limit the cash on hand at all times after 11 p.m.
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Proving Negligence in a Lawsuit
Crimes like robberies and assaults increase in dark, poorly lit, isolated areas such as parking lots and stairwells. Crimes are also more prevalent in businesses with late-night hours, such as restaurants and convenience stores. Owners of these types of businesses and premises should be able to foresee that crimes are likely to happen unless they install deterrents such as high-intensity lighting, fences, and perhaps hire security guards or guard dogs.
To win a negligent security lawsuit, you would have to prove several things. These include the following:
- The property owner had a duty of care to provide adequate security for the property.
- The property owner failed in this duty to provide security.
- You were injured by a third party as a result of this failure and suffered physical, financial, property or other damages as a result.
Proving negligence means showing that the property owner did not act with reasonable care to prevent the crime, and also that the injuries you received were legally foreseeable and caused by the owner’s failure to maintain adequate security.
In some cases, there may be multiple negligent parties, such as multiple owners of a business and the company that installed a failed security system.
The attorneys at Ben Crump Law, PLLC will interview witnesses and examine the crime scene to gather evidence needed to prove that your injuries were foreseeable and would not have happened if the owner had not been negligent in providing security. We will make sure all responsible parties are named as defendants in a lawsuit.
Call us today at 800-896-1221.
Compensation You May Receive
The settlement you may win in a negligent security lawsuit will depend on the circumstances of the attack and the extent of your injuries. If the crime results in the death of a close family member, surviving members may be able to file a wrongful death lawsuit to recover compensation like funeral expenses and loss of companionship as well.
There are two types of damages you may be entitled to, compensatory and punitive.
- Compensatory damages are for your monetary losses such as medical expenses, property damage, and lost wages and earning capacity. They also provide for non-economic awards such as pain and suffering and loss of consortium.
- Punitive damages, which are designed to punish the wrongdoer to discourage the behavior from happening again.
Florida has no limits on the amount of compensatory awards. Punitive damages are capped at three times the amount of compensatory damages awarded, or $500,000.
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Contact Our Davie Negligent Security Lawyers for Help
When filing a negligent security case, be aware that Florida has a statute of limitations, a deadline that is generally four years from the date of the injuries to file a negligent security case in court. In regards to wrongful death cases, one typically has two years from the date of their loved one’s death to take action.
Our attorneys will refute any allegations, but even if you are found to be partially at fault, you would still be able to collect compensation.
The Davie negligent security lawyers at Ben Crump Law, PLLC will make sure your case is properly held according to deadlines, negotiate with insurance companies and lawyers for the property owner, and prepare your case for trial if necessary. Let us handle the legal details so you can concentrate on your recovery.
We provide a free consultation, so call us today at 800-896-1221 to get the settlement you deserve.