What is Negligent Security in Personal Injury Law?
What should I do if I find myself the victim of a Negligent Security accident? The term “Negligent Security” may not be familiar, but the definition will be. Justia defines “Negligent Security” in the following way:
“[…]It is the basis by which an individual injured by a third party tries to hold liable the owner or tenant of the property where a criminal injury is inflicted.”
Victims of violent crime on someone else’s property must prove they took necessary steps to ensure adequate security of their person. Whether at their place of business or residence, personal safety is a large part of negligent security litigation.If there is proof the business or property owner is neglecting to inform employees or visitors of the property that the area has the potential for crime, they may be liable. As a result, without knowledge of the crime rate, it’s impossible to protect oneself.
What is Premises Liability?
Premises Liability means it’s the responsibility of the property owner to be accountable for making a reasonable effort to secure the property. If they fail to do so, they are legally responsible for any Negligent Security accidents that occur thereafter.
What measures should be in place to safeguard against a Negligent Security accident?
When we think about what we need to feel safe while away from home, what comes to mind Here, we’ll provide some examples of safety measures necessary to safeguard against negligent security accidents and liability:
- Security cameras in and around the property can deter would-be criminals.
- Adequate lighting around the property.
- Guard gates. Guardhouses with 24-hour personnel at community residences.
- PIN numbers to access the premises to keep out ne’er-do-wells and prevent trespassing.
- Armed security or law enforcement officers should be employed at places known for high crime rates and multiple incidents of violence.
These are just some of the basic ways a property owner can protect those frequenting their place of business. These also apply in cases of landlords responsible for the safety of tenants. Extra consideration needs to be given to tenants coming and going at all hours.
What are Florida state laws regarding a Negligent Security accident?
According to Florida state law (§§ 812.173 and 812.174) there is protection from liability afforded to convenience store owners who take necessary measures to secure their business and regularly keep these measures up to code.
These precautions include the above measures, as well as using a drop safe and posting signage in view of customers. Signage must state there is “less than $50 in the cash register”.
These measures are reasonable and serve to protect the business owner from a violent crime. A violent crime can be a shooting, or a stabbing, resulting in fatalities. Preliminary safety measures can prevent a lawsuit, and more importantly, Wrongful Death.
What happens after a Negligent Security accident?
No one is ever completely safe from being the potential victim of a crime. The society we live in today is more dangerous than ever. Gun violence in our South Florida communities is at an all-time high. The statistics climb to staggering new levels daily. The news is full of stories of innocent people in the wrong place at the wrong time. Most of these victims are not at-fault. The dangers are out there, thus we must be cautious every time we leave the house.
First and foremost, one is always be responsible for their own safety. We must be aware of our own surroundings, and thus take necessary steps to protect ourselves in any situation. Some jobs require individuals to visit locations that are not secure due to the high crime rate. In these instances, employers must take every necessary step to ensure the safety of employees.
Even when a person does everything to protect themselves when visiting a less safe location, acts of violence still occur too often. That’s why there are safeguards in place by landlords and business owners to protect the public. However, when these safeguards are present but not enforced, Negligent Security accidents still occur.
What happens when a property owner fails to secure a premises?
Sometimes business owners still fail in their duty to reasonably protect their property. When this happens they leave the public at risk of injuries, and legal consequences, should a violent crime take place.
When someone with responsibility to the public is negligent, resulting in injuries, victims’ may seek compensation. Sometimes, a victim arrives at work, only to end up in the hospital after a shooting. Recovering from injuries due to violent crime is lengthy on the medical side. However, when stable medically, the next step is the legal side. At that point, one of the first things that must happen is a consultation with a Personal Injury lawyer. Preferably, a lawyer with Board Certification who sees Negligent Security cases to trial.
How do I choose the right Florida Negligent Security lawyer?
The experienced Florida Negligent Security lawyers at Shaked Law Firm work on behalf of every client to recover the maximum compensation allowed under the law.