When you injure yourself on property that you own, you really can’t blame anyone but yourself. However, when you are injured on the property of someone else, then the owner of the property may be liable for your injuries depending on how they occurred.
In Florida, negligent security claims can take place if you were injured in a place where your injuries were the result of insufficient safety measures. If you believe you are a victim of negligent security in Florida, then here is what you need to know.
The Difference Between Negligent Security and Premises Liability
Premises liability claims and negligent security claims have a lot in common in Florida. In both types of cases, someone who is injured can bring a lawsuit against the owner of the land or property on which they were injured.
However, in premises liability cases, lawsuits are filed over direct negligence on the part of the land or property owner. In negligent security cases, the claim is the result of negligence on behalf of the property owner in maintaining security that led to an injury inflicted by someone else – usually criminal.
It’s unrealistic to expect property owners to prevent crime from happening at all, but what is reasonable to expect is that they will do what they can to prevent it.
They have a legal duty to care for the safety of those on their property. Allowing crime to happen because of a lack of security can lead to negligence if injuries occur.
How to Win Negligent Security Cases
If you think you have a legitimate claim for negligent security, you can take the person responsible to court – even if they’re tried in criminal court, as well. Many people assume that, if a person is convicted in a criminal court of the offense that led to the victim’s injuries, the victim can’t take them to civil court. In reality, those two systems are separate. You can sue someone in civil court after the conclusion of a criminal case.
If you want to be successful in a civil suit for negligent security, then you must demonstrate certain things to the court. They are:
- You were lawfully on the premises where your injury occurred
- There were no reasonable security measures taken on the premises
- The owner of the property reasonably knew that criminal activity like the kind that led to your injuries was a possibility
- You experienced harm as a result of the negligence
Some of these criteria are far more complicated to prove in court than others, but with an experienced attorney helping you, you have a good chance of establishing all four to be successful in your case.
Examples of Negligent Security
Some good examples of situations where there was negligent security that led directly to an injury include:
- Being assaulted in the parking lot of a restaurant late at night because there was no proper lighting
- Inappropriate training of security guards that led directly to criminal activity
- A resort that has broken or missing locks from their room doors, leading to room break-ins and theft
The bottom line is: If you were injured because of the negligence of another, then you have options. Talk to an experienced attorney today to see if your case may qualify as a negligent security case.
About the Author:
Andrew Winston is a partner at the personal injury law firm of Winston Law. For over 20 years, he has successfully represented countless people in all kinds of personal injury cases, with a particular focus on child injury, legal malpractice, and premises liability. He has been recognized for excellence in the representation of injured clients by admission to the Million Dollar Advocates Forum, and named one of America’s Top 100 High-Stakes Litigators. Mr. Winston is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys a 10.0 rating by AVVO as a Top Personal Injury Attorney, has been selected as a Florida “SuperLawyer” from 2011-2021 – an honor reserved for the top 5% of lawyers in the state – was voted to Florida Trend’s ”Legal Elite,” recognized by Expertise as one of the 20 Best Fort Lauderdale personal injury attorneys, named one of the Top 100 Lawyers in the Miami area for 2015-2021, and one of the Top 100 Lawyers in Florida for 2015-2017 and 2019-2021.