Both commercial and residential property owners have a legal duty under premises liability law to take all steps that are reasonably necessary to secure their property and keep customers or residents from harm. When property owners fail to do so, they can be liable for the injuries that occur, whether they are physical or emotional injuries to people or damage to property.
Injury victims do not have to try and handle these claims on their own. You can call the offices of Ben Crump Law, PLLC about any claims that you may have and get legal advice about your situation. Contact us at (800) 896-1221 and learn how a St. Petersburg negligent security lawyer might be able to help you.
Defining Negligent Security
The law provides no strict definition of negligent security. Therefore, whether the level of security that business owners, landlords, or other property owners provide their customers or residents is adequate depends on the circumstances. For instance, a business located in a notoriously high-crime area might have different security needs than a rental home in a busy, low-crime neighborhood.
In some cases, security consists of basic measures designed to protect the safety of patrons, employees, and residents, including:
- Adequate lighting after dark
- Functional locks
- Secured fencing, window bars, or other barriers
- Presence of security personnel, such as guards, doormen, and bouncers
When these elements are absent from a property, customers, residents, and other visitors may be at a heightened risk of assault, robbery, and other violent crimes. If you or a loved one suffers injuries as a result of one of these crimes or another incident, the property owner may face liability for your losses.
For a free legal consultation with a negligent security lawyer serving St.Petersburg, call (800) 896-1221
Proving Negligent Security Claims
To successfully prove a claim for negligent security against property owners, the injured parties must produce sufficient evidence of each element of the claim. A St. Petersburg negligent security lawyer can help ensure that they have adequate evidence in support of their legal claims.
First, the injury victims must prove that the property owners owed them a legal duty of protection and safety while on their property. They also must prove that they suffered reasonably foreseeable injuries as a direct result of negligent security measures. Finally, the injured parties must show that they suffered damages as a result of their injuries, whether they are physical, emotional, or monetary in nature.
St.Petersburg Negligent Security Lawyer Near Me (800) 896-1221
Parties in Negligent Security Claims
Liable parties in negligent security claims include individuals who own various types of properties, including retail businesses, apartment or office buildings, bars, and other types of residential or commercial property. All these property owners must exercise the required duty of care or face liability. However, this duty may vary according to the status of the injury victims.
Although property owners certainly owe a duty of care to customers, residents, guests, and others who are lawfully present on their properties, this duty differs when it comes to trespassers or other unlawful intruders. Under Florida Statutes § 768.075, property owners only can face liability for the injuries of trespassers on their property if they engage in gross negligence or intentional misconduct to harm the trespassers.
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Deadlines for Filing Negligent Security Claims
Under Florida Statutes § 95.11(3)(a), injury victims have a limited timeframe in which to formally file their negligent security claims in court. Generally, injured parties must file their claims against all potentially responsible parties within four years of the date on which the incident occurred. If the individuals passed away due to their injuries, however, then surviving family members would have only two years in which to file their claims.
Being aware of the statute of limitations that applies to your claim can be crucial. If you miss this critical deadline, you might be unable to claim any compensation for your injuries. You also will be unable to hold negligent property owners accountable for their actions. As a result, you could end up with lasting physical and mental injuries that adversely impact all aspects of your life.
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Damages in Negligent Security Claims
The most common type of damages in negligent security claims are compensatory damages. Some compensatory damages are economic or financial, and others are more intangible, which can be more challenging to value for the purposes of a claim.
Economic compensatory damages might include medical expenses and lost wages due to an inability to work. Intangible forms of compensation in a negligent security claim might include pain and suffering or emotional distress.
Contact Our Office for Legal Advice About Your Negligent Security Claim
Unsecured, unmonitored, and unsafe commercial businesses, apartment buildings, and parking lots can result in individuals suffering from violent attacks, such as assault, rape, and robbery. When property owners facilitate these crimes by failing to keep their customers and residents safe, they may be liable under premises liability law.
Failure to install adequate lighting, locks, gates, fences, and other barriers can lead to liability for these individuals and businesses. Likewise, failure to maintain adequate security staff or presence on some properties is another common instance of negligent security.
Ben Crump Law, PLLC offers clients legal representation in premises liability claims, including those related to negligent security. Getting the advice of a St. Petersburg negligent security lawyer may allow you to get valuable information about your legal rights.
You can call our office at (800) 896-1221 to get answers to your questions and concerns.
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