What is a Florida Negligent Security Accident?
What is a Florida Negligent Security accident? Negligent Security accidents can happen to any, any time in Miami. No one is immune to the dangerous mistake businesses are liable for. It’s important that businesses ensure the health and safety of employees. When an employee travels to a location to perform their duties, they must be aware of the area’s crime rate. Accidental shootings, stab wounds, and assaults happen when one cannot properly protect themselves.
These are instances in which employees are not aware of the crime occurring at the job site. Thus, business owners must put safety of customers and employees first. It may cost more, but in the end, nothing is more costly than litigation resulting from liability.
Is there a burden of proof in a Florida Negligent Security accident?
When it comes to Negligent Security, victims must show specifics that deem the business owner liable for pain and suffering. This is a necessary “burden of proof”. It falls on the Personal Injury lawyer for the victim to properly convey it.
When it comes to a Florida Negligent Security accident, a Personal Injury lawyer’s job is to provide proof on behalf of the client. This “burden of proof” must show that the business owner owes a direct duty of care to the employee. As a result, the Personal Injury lawyer must show that due to the negligence of the business owner, the client has injuries resulting in pain and suffering.
Is the victim responsible for proving anything in Florida Negligent Security cases?
Yes. The victim is also responsible for proving that they were on the property in a reasonable and legal manner. Is the employee doing a job? Are they shopping at a business? A judge wants answers to these questions to assess damages a victim receives after sustaining injuries in a Negligent Security accident.
What is “foreseeability”?
“[…]Foreseeability is a requirement under tort law that the consequences of a parties action or inaction could reasonably result in the injury. In such cases, the resultant injury was reasonably predictable by a person of ordinary intelligence and circumspection as in the case of throwing a heavy object at someone.”Foreseeability Law and Legal Definition
In most states, a judge determines foreseeability on precedent. In cases of Negligent Security this means: did a similar crime take place in the area? It allows the victim’s lawyers to prove the business owner is not acting in a reasonable manner. As a result, if the property owner is aware of the crime rate, however, does nothing to take measures to secure the property, they may be liable for any visitor or employee that comes to harm.
In Florida Negligent Security cases, the victim’s lawyers must prove the following:
- Duty of care was not exercised in discovering the area’s prior crimes, thus leaving employees and visitors vulnerable to harm.
- The plaintiff must prove he or she was on the premises in a legal manner; hired to do a job there, shopping at a business, etc.
- The property owner knew of security risks but fails to maintain or update their security. Therefore, they do not provide adequate protection for employees and visitors who must come onto the property.
What is “restatement of torts”?
Next, to be able to prove Negligent Security has occurred, the Restatement of Torts applies:
This work, widely relied upon and often cited by the courts, offers comprehensive and concise coverage of the law of torts, with scholarly and analytical discussion of particular rules. These volumes constitute a revision of the original Restatement of Torts and supersede the original work.The American Law Institute the Restatement of The Law Second, Torts
What is the purpose of this specific text? Why do Personal Injury lawyers rely on it in more complex cases? The reason is simple: a lawyer utilizes the text because it covers causes in relation to physical and emotional harm. While all of this may seem complex, for a lawyer with Board Certification, it’s something they practice on a daily basis.
What is “duty of care”?
Lastly, “duty of care”. What is it? What is the significance of this principle when it comes to Negligent Security?
“Duty of care” in Florida Negligent Security accidents can mean the business owner fails in their due diligence. This is usually in discovering reasonable solutions to the crime rate. Moreover, “duty of care” first requires the business owner to seek information on the crime rate and prevent it. If a business owner is negligent in duty of care, they become liable for injuries occurring as a direct result.