Anyone can be the victim of a crime or violent act. Whether you are walking to your car in a parking garage, visiting a doctor in an office complex or shopping in a retail mall, property owners in the state of Florida have a duty to put reasonable security measures in place to protect people who come onto their property. If a property owner fails to do so and the lack of security results in injuries from third-party criminal activity, the injured party may have the right to bring a negligent security lawsuit against the property owner.
A negligent security claim, also referred to as an inadequate security claim, arises when a property owner is negligent in providing adequate security for their premises. If a customer, patron or resident is injured on the premises by a third party or has personal property stolen or damaged, the property owner can be held civilly liable.
Examples of Premises Liability
The rationale underlying these types of lawsuits is that the owners and possessors of property (such as tenants) have a legal obligation to protect lawful visitors and guests from foreseeable harm on the property. When the landowner or possessor of the property fails to implement reasonable security measures to prevent and deter criminal conduct, and an attack, assault, robbery or other criminal event occurs, the injured party can pursue a negligent security claim.
If you or someone you care about has been injured or killed as a result of a criminal attack, you may have the right to bring a negligent security claim against the property owner or operator. These types of claims can be complicated and are best handled by an experienced Miami negligent security attorney.
The legal team at Brais Law Firm has the knowledge, skills and resources to handle all types of negligent security cases. Our attorneys represent individuals who have suffered violent attacks and other criminal events by third parties in parking lots, office buildings, hotels, bars, restaurants and other establishments in Miami and South Florida. We offer free consultations to victims and their families and encourage you to contact our firm to schedule an appointment today. We also know that you may have questions about negligent security/inadequate security cases, and we invite you to review the information set forth below.
Common Types of Negligent/Inadequate Security Cases
While negligent security cases can arise under many different circumstances, these cases tend to involve two primary categories of criminal activity:
What is Negligent Security? Who is Sued and why?
Security Measures That can Help Prevent Criminal Activity
Oftentimes, innocent victims suffer criminal attacks and assaults that could have been prevented. While there are many circumstances that can make a property unsafe and lead to criminal activity, property owners, operators and landlords can take reasonable security measures to prevent foreseeable crimes on their properties. These measures include:
- Adequate and properly-trained security guards and patrols
- Properly-lit walkways, staircases, hallways and parking lots and garages
- Surveillance cameras
- Security systems
- Properly-functioning door and window locks
- Walls and fencing with adequate locking systems
- Maintaining bushes and landscape
- Sufficient lighting around ATMs
- Warning persons of known dangers
Places Where People Tend to be Injured due to a Lack of Adequate Security
Negligent security claims arise on all types of properties. Some of the most common locations in Miami and South Florida associated with negligent/inadequate security lawsuits include:
- Bars and nightclubs
- Hotels and resorts
- Shopping malls and other retail establishments
- Office complexes
- Work sites
- Stadiums and theaters
- Parking lots, parking garages and other public places
- Apartment complexes, condominiums
- College and university campuses
- Amusement parks
- Cruise ships
- Trains, planes, buses and taxis
- Other commercial and residential properties
How do Trial Attorneys use Visual Aids to Prove Damages?
What Victims Need to Prove in a Negligent Security Claim
Negligent security claims generally fall under the category of premises liability claims. These types of case are filed in civil court and plaintiffs can seek monetary recovery from the property owner or operator for their medical bills, lost wages, pain and suffering and other losses and damages. In Florida, to prevail in a negligent or inadequate security lawsuit, your Miami negligent security attorney will need to prove the following elements:
Types of Damages Recoverable in a Negligent or Inadequate Security Lawsuit
If you were victimized by criminal activity at a hotel, bar, restaurant, apartment complex, retail store or any other type of property in the Miami/South Florida area, you deserve to be compensated for your injuries. A Miami negligent security attorney at our firm will work with you to build a strong case establishing that the property owner/operator failed to take reasonable steps to ensure that adequate safety measures were in place on the premises. In Florida, if you can prove your case for negligent or inadequate security, you may be entitled to recover financial compensation for your damages, which may include but is not limited to damages associated with:
In addition to the damages discussed above, if our Miami negligent security attorney is able to prove that the defendant’s actions were particularly egregious or outrageous, we may recommend that you pursue a claim for punitive damages. Punitive damages are not meant to compensate or make the victim whole; rather, they are designed to punish the defendant for grossly inappropriate actions and set an example to deter similar conduct in the future.
A Miami Negligent Security Attorney at Our Law Firm can Help
Negligent or inadequate security cases tend to be complex and difficult to prove. If have been victimized by a crime or other violent activity that took place in a Miami or South Florida area shopping center, resort, condominium, apartment or any other type of commercial or residential property, the attorneys at Brais Law Firm are prepared to help. We understand just how traumatic these events can be, and we are dedicated to helping you get maximum compensation for your injuries and losses. Call our legal team today to schedule a free consultation at 800-499-0551. You can also get in touch with our Miami/South Florida negligent security lawyers by completing our online contact form or emailing our firm.