Property owners in Florida must keep their premises reasonably safe for visitors. When the owner doesn’t, and someone else is harmed, the property owner can be held liable. Not only are property owners expected to keep visitors from hazards or safety defects, but they should also be protecting them from criminal acts. If someone is attacked on the property, they may have a claim for negligent security. To learn more about pursuing a claim, contact our lawyers.
What Is Negligent Security?
Negligent security cases involve the allegation that a property owner had a duty to provide a certain level of security on the property, they failed to meet that duty, and the lack of security is what caused your injuries. What’s deemed reasonable will vary from property to property. Examples of security measures that are reasonable to have include:
- Sufficient lighting
- Locked gates and doors
- Security cameras
- Proper fencing
- A security guard on the property
While a negligent security claim can involve nearly any business type, some of the more common claims occur at hotels, shopping malls, apartment complexes, restaurants, other parking lots, and more.
Proving a Negligent Security Claim
To win a negligent security claim in Florida, you need to prove three main elements. The first element is that the property owner had a legal obligation to provide these necessary security measures on their property. If they weren’t required to, then you don’t have a negligent security claim.
If they have a legal obligation to have necessary security measures in place, they must have breached that duty. You need to show that the breach of duty is what directly led to your injuries or the harm you suffered. For example, if you notified your landlord that your apartment did not have functioning locks, and you were subsequently burglarized, they could be held accountable for your damages.
The last element in a negligent security case is to prove you had damages. Without any damages, you don’t have any monetary losses. If you sustained injuries that required medical treatment or had something stolen, you likely would have a valid negligent security claim.
It may sound straightforward but pursuing a negligent security claim is complicated. If you believe you have a valid claim, you need to speak with a skilled Tampa negligent security attorney right away.
Types of Damages Available in a Tampa Negligent Security Claim
The types of damages you could receive will vary based on the circumstances of your case. For example, if your house were burglarized, you wouldn’t have medical bills. Plaintiffs in a negligent security claim might be able to receive compensation for their medical bills, loss of earnings, physical pain and suffering, emotional suffering, property damage, future medical expenses, and loss of earning capacity.
In select cases, you may be able to collect punitive damages, which are meant to punish the defendant and deter them from engaging in the same behavior. However, punitive damages aren’t awarded often.
Contact a Tampa Negligent Security Lawyer
If you need assistance with a negligent security claim in Florida, let our skilled legal team help. Contact Palmer | Lopez today to schedule an initial consultation to learn more.