What Constitutes Negligent Security?
If you were seriously hurt on someone else’s property because there were inadequate security measures in place, you may have grounds for legal action. Owners—and sometimes occupiers—are expected to take reasonable steps to protect those who lawfully enter the premises. Should they breach this duty of care by failing to address one or more vulnerabilities, they could be responsible for any damages that result.
This obligation falls under premises liability, which holds property owners accountable for ignoring obvious risks and/or foreseeable dangers on their premises. While every premises liability claim is unique, all those that involve negligent security have the same basic elements. Read on to learn what they are:
A Hazardous Condition…
In order to have grounds for a negligent security claim, you must be able to show that an unsafe condition existed on the premises. Additionally, the condition must have posed a security threat. Examples of common safety hazards include:
- Doors that don’t lock,
- Fences that are not structurally sound,
- Inadequate lighting,
- Broken surveillance cameras,
- Poorly trained security guards, and
- Unpatrolled stairwells.
… That the Property Owner Knew About…
Negligence is characterized by a breach of duty, so the owner must have known about the hazardous condition but failed to take practical measures to address it. If the owner did not know about the danger, you must convince the insurance adjuster that they should have known about it through reasonable diligence.
… Caused Injuries…
You must have been hurt as a direct result of the unsafe condition. Sometimes the easiest way to prove causation is to demonstrate how you wouldn’t have gotten hurt but for the security threat. For example, if you were attacked in a dark parking lot, you may be able to convince the insurance adjuster that you would have had time to flee the assailant had you been able to see them approach you.
…That Resulted in Damages
The fourth element of every winning negligent security claim is damages. You must have incurred actual, recoverable losses as a result of your injuries. In Florida, personal injury claimants may seek funds for both economic and non-economic damages. Examples include:
- Medical expenses,
- Lost wages,
- Loss of future earnings,
- Replacement services,
- Pain and suffering,
- Mental anguish, and
- Diminished quality of life.
Florida also allows the spouses of injured parties to seek compensation for loss of consortium. This refers to the loss of love, companionship, society, and affection they suffer as a result of their husband or wife’s injuries.
A resourceful negligent security attorney can help you gather the evidence needed to prove all the damages your family incurs in the wake of the accident, so you can pursue the maximum payout possible.
Speak with a Tampa Negligent Security Lawyer
Do you need help with your premises liability claim? You can count on Capaz Law Firm, P.A. for strategic legal guidance.
Get the knowledge, resources, and experience of a powerhouse practice backing your every move. Call 813-551-3907 or complete our Contact Form to set up a free initial consultation with a negligent security attorney in Tampa.