3 FAQs About Building a Negligent Security Claim
Property owners and businesses have an obligation to keep their premises reasonably free of hazards. These include both dangerous conditions, like wet floors, and dangerous scenarios, like those that might prompt physical altercations.
If you were attacked on someone else’s property and think the owner or occupier failed to ensure your safety, you may have grounds for a negligent security claim. Should you be thinking about filing one, here’s what you should know:
1. What Constitutes Negligent Security?
Negligent security refers to inadequate measures that are not enough to mitigate assault and battery on the premises. Like other personal injury claims founded on negligence, those involving inadequate security have four essential elements: a breach of duty, a duty of care, causation, and damages.
If you have grounds for a claim, a knowledgeable attorney can help you gather the kinds of evidence needed to prove these elements. Here are some of the most common examples of negligent security that can warrant legal action:
- Poor lighting,
- Untrained guards,
- Disconnected surveillance cameras, and
- Broken gates or locks.
2. How Do You Prove a Property Owner Was Negligent?
The most compelling evidence that contributes to your case will come down to the circumstances surrounding the incident in which you were hurt. Generally speaking, though, these are the pieces of proof that claimants must typically present to demonstrate liability:
- Maintenance logs,
- Surveillance footage,
- Eyewitness testimony,
- Photographs of the premises,
- The official police report, and
- The manager’s incident report.
3. What Kinds of Damages Can You Include in a Negligent Security Claim?
Florida tort law recognizes the fact that victims can incur significant damages in the wake of a physical altercation. Consequently, you can include all kinds of losses in your personal injury claim. Examples include:
- Medical expenses,
- The cost of necessary replacement services,
- Home and vehicle modifications for accommodating any permanent disabilities,
- Lost wages,
- Lost earning capacity,
- Emotional distress,
- Diminished quality of life, and
- Pain and suffering.
When it comes time to demonstrate the extent of your economic damages, you should be prepared to present associated documentation like bills, invoices, and receipts. As for demonstrating the extent of your non-economic damages, widely accepted pieces of proof generally include psychological evaluations, statements from loved ones, and journal entries.
Florida also recognizes loss of consortium. This refers to the loss of love, companionship, and affection that the spouses of victims suffer. That means if your injuries are hurting your marriage, your husband or wife may also have grounds for a damages claim.
Discuss Your Case with a Negligent Security Attorney in Tampa
At Capaz Law Firm, P.A., we have the knowledge, resources, and experience needed to hold negligent property owners liable for the damages their actions—or lack thereof—cause. Our compassionate team is available 24/7 to take your call, so you can get your claim underway as soon as possible. To schedule a free initial case review with a negligent security lawyer in Tampa, fill out our Online Contact Form or call 813-551-3907.