About Negligent Security
Plantation Premises Liability Lawyer
Were you a violent crime victim while on someone else's property? If so, you may not be aware that property owners can be held responsible for paying the medical bills, pain and suffering, and lost wages of individuals who have been physically attacked on their property.
It's common knowledge that when someone is injured in a car accident, the at-fault driver is responsible for paying for their damages. Most people also know that when a
dog attacks someone at the dog owner's residence, the dog owner can be held liable for the injured person's damages, and when someone slips and falls at a retail establishment, the property owner can be held liable for their injuries. However, many people are not aware that property owners can be held responsible when assaults, robberies, sexual assaults, shootings or stabbings occur on the owner's property.
In Florida, negligent security claims hinge on the theory of "foreseeablity," which is the traditional basis for these premises liability cases. Generally speaking, a property owner has a duty to exercise reasonable care to protect people from reasonably foreseeable criminal conduct. This duty applies to all types of businesses where there may be invitees, and these include retail establishments, restaurants, grocery stores, mini-marts, hotels, apartment complexes, malls, bars, theme parks etc.
Business owners are actually expected to obtain certain crime grids; these include local, state and federal crime data. If there has been an earlier incident on the premises, this incident will certainly impact the determination of "foreseeability." The location of where the crime took place is a relevant issue, and whether it occurred on the property, on the property adjacent to the business, or near the business. The type of crime is also an important factor, with a distinction being drawn between property crimes and violent crimes and whether or not earlier crimes were similar to the crime in question.
Another factor that affects foreseeability is the relationship of the criminal to the business, and this includes whether the criminal was a customer, an invitee, a resident, a trespasser, or a loiterer. The criminal act is not a defense in itself for the business owner cannot simply blame the criminal. In negligent security cases, another consideration is whether or not the business took security measures that would have deterred the crime from happening. The critical issue is whether or not the business did anything to prevent the criminal act from occurring.
Investigating a Negligent Security Case
In negligent security cases, we will want to know if the business knew about the crime, what they did about it, what actions they took, if they didn't take any actions, and if not then why they didn't. We will want to know if prior crimes were of any concern to them and what, if any efforts were made to alert and warn the public or the plaintiff.
In cases such as these, we commonly address the security company; lighting, deferred maintenance, overgrown landscaping, video surveillance or lack thereof; gates, fences, and other barriers; trespass, vandalism, and loitering problems. We will also look into prior claims and lawsuits, police reports, any surveillance videos, incident reports, prior insurance claims, gate, fence, wall records and other relevant factors.
If you or someone you love was physically attacked on someone else's property, you may have the legal right to file a claim for monetary compensation. Whether you were assaulted at an apartment, at a hotel, at a mall, or a restaurant, or a school, or a nightclub or bar, or other business, your first step in obtaining compensation is contacting a Plantation premises liability lawyer from the Law Offices of Jason T. Corsover. No one should be victimized and attacked by a ruthless criminal, and when they are they can suffer tens of thousands of dollars in losses as a result of medical bills and lost income. We urge you to contact our firm right away to find out if you have grounds to file a negligent security claim in your case.