Florida property owners must keep their businesses and premises reasonably safe for visitors. When the owner breaches this duty and someone else suffers harm, the owner can be held liable. The duty to keep visitors safe isn’t just about hazards or a defective condition on the property; it’s about protecting them from criminal activity. If you are attacked on someone else’s property, you could have the right to claim damages under a negligent security claim. To learn more about pursuing a claim for damages, contact our lawyers.
What is Negligent Security?
Negligent security involves incidents where a property owner had the legal duty to provide reasonable protection on the property but failed to do so. By breaching that duty, you suffered harm through some type of criminal activity. What is deemed appropriate will vary in individual situations and from property to property. Examples of reasonable security measures include:
- Security cameras,
- Sufficient lighting,
- Security guard,
- Proper fencing, and
- Locked doors and security gates.
Negligent security claims can arise in any location, but they commonly occur at places like apartment complexes, college campuses, shopping malls, parking lots, parking garages, hotels, and more.
How to Prove a Negligent Security Claim
To prevail in a negligent security claim, you need to prove several factors existed. The first is that the property owner had a legal obligation to provide some type of security features on their property. If there was no requirement to, then you won’t have a valid negligent security claim.
If there is a legal obligation to have some security measures in place, then the property owner must have breached the duty. You will need to show evidence that the breach of duty is what caused your injuries or harm. For example, if you let your landlord know the locks are not functioning and someone enters your home and attacks you, the building owner could be held liable for your injuries and damages.
The final factor in proving a negligent security claim is damages. You must show you had damages; otherwise, you likely wouldn’t have a claim because there is no monetary loss. If you sustained injuries that required you to seek medical treatment, then you would have a valid lawsuit.
Negligent security claims sound straightforward, but they can be complicated to pursue. To find out whether you have a valid claim, you need a Brandon negligent security attorney who can help.
Types of Damages You Can Collect in a Tampa Negligent Security Claim
Your damages will vary based on the circumstances of your incident, but you could have medical bills, lost earnings, property damage, stolen items, physical pain and suffering, emotional distress, and more. In limited cases, the court might award punitive damages, which are reserved for lawsuits where the defendant’s actions were so egregious or shocking. Punitive damages send a message to the defendant to deter them from repeating the same or similar behavior.
Contact a Brandon Negligent Security Lawyer
If you need assistance with a Brandon negligent security claim, let our experienced legal team help you get the compensation you deserve. Contact Palmer | Lopez today to schedule an initial consultation to learn how we can help.