When thinking about personal injury, one may first think about car accidents, property defects, or slippery floors. So, it may come as a surprise that many of the most serious personal injury cases are the result of poor security, insufficient lighting, broken locks, and other forms of property owner negligence.
Negligent security cases arise when a property owner fails to maintain reasonably safe conditions on his or her premises and someone is hurt as a result of the criminal actions of a third party. A negligent security case holds a property owner responsible for the pain and suffering, medical expenses, and other damages sustained by the visitor or customer that result from lack of adequate security.
For example, one could have a negligent security claim after being injured during a mugging in a poorly lit parking lot of a nightclub they were visiting. The injured visitor may hold the nightclub owner responsible for the injuries or damages that occurred as a result of the criminal activities of the mugger if proven that the danger was foreseeable.
Challenge: Proving Foreseeability
Foreseeability is the main challenge in negligent security cases. Generally, the plaintiff must establish that the existence of prior similar crimes or heightened criminal activity in the vicinity of the incident made it foreseeable to the owner that criminal activity posed a threat. That foreseeable threat gives rise to a duty on behalf of the property owner to provide adequate security measures.
What security measures are adequate for a particular location depends on the circumstances. However, if a property owner, leaseholder, or business fails to take reasonable measures to protect a guest from foreseeable criminal activity they could be held liable for the injuries caused by the criminal wrongdoer.
Under Florida law, the property owner does not have the right to shift blame to the criminal and can be held liable for all of the injuries and harms caused by a foreseeable criminal act.
We have extensive experience in cases that deal with landlords, malls, hotels, restaurants, bars, nightclubs, homeowners, and others maintaining unsafe properties in the Miami area and throughout Florida.
If you feel that you have been injured at a public place or a business as a result of a violent crime that was foreseeable or could have been avoided with adequate security, talk with our experienced team of attorneys. Call us today for a free consultation about your case at (305) 662-6178 or visit Panterlaw.com.