Negligent security is a part of premises liability, which refers to the responsibility of property owners and occupiers to implement safety measures to keep those on their property reasonably safe. This duty of care can be breached when a property owner fails to provide adequate security. If you were hurt or lost a family member as a result of a security issue, contact a Tampa negligent security attorney at Capaz Law Firm.
Negligent security is a type of premises liability claim and refers more specifically to preventable injuries caused by third parties. Just as property owners and businesses are responsible for keeping you safe from accidents, they are also responsible for preventing dangerous conditions where a third party can injure you on their premises.
If the property owner or business fails to implement adequate security measures to protect you from injury from a third party—from things like violent assault, rape or even death—this is called negligent security. When this happens, you have a right to hold the property owner or business accountable for their negligence.
Basically, when you enter public places like schools, hotels, bars, airports or even your workplace or the home or apartment you are renting, you should be protected from all foreseeable dangers from a third party. Generally, a property owner or business is guilty of negligent security when something on their property presents an unreasonable risk to those who are on the property and that risk is not an obvious one.
Common safety measures such as proper lighting, fences and locks, security guards and surveillance cameras should be employed as necessary to prevent crimes committed by a third party against those on the property. For example, places like bars, casinos and nightclubs should have adequate security to protect patrons from fights and violence. This is a foreseeable threat to those who might visit these establishments.
Another example would be for businesses to have sufficient lighting in parking lots to prevent crimes against its patrons. Ultimately, it is the responsibility of all property owners and businesses to employ adequate safety measures that prevent injury from a third party to their customers, patrons and tenants.
If you or a loved one has been victimized by a third party or criminal assailant and you believe that the injury could have been prevented had the business or property owner implemented better security measures, contact a negligent security lawyer in Tampa. You have a right to hold the negligent party accountable.
Victims of negligent security or premises liability can recover damages from the negligent property owner. However, your case requires you to prove several important elements including:
That’s why you may benefit from having a Tampa negligent security lawyer by your side to help you hold the at-fault business responsible for the damage they’ve caused.
Yes. In Florida, there is a strict deadline, known as the statute of limitations, for filing a personal injury lawsuit against a negligent property owner. This time limit grants you just four years from the day you suffered your injuries to take legal action against the liable party. If an owner’s or occupier’s negligence led to a relative’s death, you may be able to pursue damages as part of a wrongful death claim. However, in such situations, you will have just two years to bring your case to the state’s civil courts.
As part of a negligent security claim, you can pursue both compensatory and punitive damages. Compensatory damages exist to compensate the injured party for any losses stemming from the incident. This can include tangible losses, such as lost earnings, medical expenses, and replacement services, and intangible losses like loss of enjoyment of life, emotional distress, and pain and suffering. Punitive damages fulfil an entirely different function as this award exists as a punishment for the defendant if he or she engaged in particularly harmful behavior.
Capaz Law Firm is dedicated to providing you with personalized legal services to help you recover from injuries due to the negligence or wrongful actions of others. We have the knowledge, skills and experience to thoroughly investigate your case, identify the responsible parties, and effectively pursue compensation for your injury. We handle a wide variety of premises liability claims including negligent security and will do everything possible to hold the negligent party accountable. Contact Capaz Law Firm at 813-440-2700 for a free consultation.
Million Dollar Advocates Forum ®
Dereck Capaz is a proud member of the Million Dollar Advocates Forum. The Million Dollar Advocates Forum is one of the most prestigious groups of trial lawyers in the United States.
Dereck Capaz was selected for inclusion and named in the 2009 – 2015 editions of Florida Super Lawyers.
AV® Preeminent™ Rated
Dereck Capaz has earned the AV-Preeminent Rating for legal proficiency and ethical standards from Martindale-Hubbell and lawyers.com.
Request your FREE case evaluation today.
Complete the form below for a FREE case evaluation from our experienced team at the Capaz Law Firm.