Maybe you were robbed at gunpoint while getting money out of an ATM. Or someone attacked you in the parking lot of your apartment building. While this event may just seem like something horrible that no one could have predicted or prevented, you should not simply jump to that conclusion.
Under Florida law, if someone owns property, it is their legal duty to do everything in their power to keep people who visit reasonably safe from harm. If they neglect to provide adequate security and you are attacked or otherwise injured in some way, it is possible that you may be able to file a negligent security claim against them. You may be able to recover damages and hold them accountable so they are forced to make changes that will provide additional safety for others in the future.
However, this area of the law is quite complex, so you absolutely want to ensure you work with a knowledgeable attorney with a solid track record in this area and a dedication to making our neighborhoods safer. The legal team at Lawlor, White & Murphey has over 55 years of combined experience helping people in South Florida just like you have the best possible chance at recovering from their bad experiences and holding those responsible accountable.
There are two big questions victims tend to ask when they come to us with a potential negligent security case: where can negligent security take place, and what kinds of acts qualify?
As mentioned above, everyone who owns property in our state is required to provide a reasonable level of security. This is true whether the property in question is an empty piece of land or has some kind of structure on it.
Typically, negligent security cases in South Florida involve properties such as:
As you can see, negligent security covers a wide variety of property types. Recently, there have even been successful cases against owners and operators of cyber “properties,” such as web sites, chat rooms, and even search engines.
So that answers the first part of the question – negligent security applies to pretty much everywhere. But what types of acts tend to be associated with these kinds of claims? Most often, the people who decide to sue have been the victims of violent criminal attacks.
Commonly, this means:
For example, you might have a negligent security case against a bank if you are present during a robbery and suffer an injury. This is not true across the board though. It is quite possible for someone to suffer an injury in such a situation where the bank did everything in their power to keep their premises safe. If you attempted to file a claim in such a situation, you would most likely lose.
A successful negligent security claim must involve several different elements. If any of these elements cannot be proven, it is generally not in your best interest to file a claim.
When you contact our offices about your case and set up a free initial consultation, the first thing we will do is go over these elements as they relate to your specific situation. In this way, we can evaluate the strength of your case and let you know whether or not we recommend filing a claim.
Negligent security claims often pit victims against the deep pockets of big businesses and well-off property owners who will do everything in their power to avoid compensating you and changing their practices.
When going up against such an adversary, you need someone on your side that is equally relentless in their desire to ensure you receive a fair and just settlement and that unsafe practices are done away with. At Lawlor, White & Murphey, we believe in protecting the rights of the little guy – and in making South Florida as safe as possible. Businesses and other property owners should not be able to get away with engaging in practices that lead to injury or harm, and we see it as our duty to stop them.
If you or someone you love has suffered injury or loss because a property owner did not do their duty to ensure their property had adequate safety precautions, it is in your best interest – and that of the community as a whole – to get in contact with us as soon as possible. Fill out our simple online case evaluation form or use one of the following methods: