What is negligent security? When can you file a personal injury lawsuit?
Negligent security occurs when a business owner in the state of Florida doesn’t take reasonable precautions to safeguard their clients, customers or guests. Basic security measures must be implemented to prevent possible assaults, robberies, property damage or theft.
Florida premises liability law applies to a number of locations that serve the public, which include rental apartment complexes or homes, hotels, motels, retail stores or schools. In the event that you become a victim on public property, the owner may be held liable.
In order to determine if you’re eligible for compensation, first you should consult with an experienced Tampa negligent security attorney to learn about your rights regarding inadequate security in Florida.
Examples of negligent security
There are many instances in which a property owner may be liable for not ensuring another person’s safety. Here are some examples:
- A couple might enjoy a late-night dinner at a local restaurant. However, when they leave the restaurant, they’re assaulted and robbed in the parking lot by a perpetrator who was hiding in the dark. Properly lighting the exterior of the building may have prevented the occurrence.
- Some businesses protect their property day and night by employing security guards. Inappropriate hiring and training of security personnel may lead to criminal activity. If a crime was committed while security personnel were on duty, the property owner may be liable.
- During a popular annual event, a hotel may overbook accommodations. If someone else has access to a guest’s room, which leads to theft, assault, or another crime, the hotel can be held responsible for the error. Negligence may also have occurred if there were missing or broken locks on guest doors. Additionally, poor maintenance is a potential threat to security in both hotels and rental properties like apartment buildings.
- One or more bartenders at a local venue selling alcohol may continue serving drinks to someone who is obviously intoxicated. If the inebriated person gets into a fight with another patron due to their incapacitated state, the facility owner might be held liable.
It’s surprisingly easy in such public places for malicious criminal activity to take place, whether that’s a robbery, assault, etc. With proper security, most activity can be prevented or stopped before serious damage has been done; however, if a property is negligent with security, malicious activity can become much worse and result in much higher damages.
Top reasons to sue a hotel
In addition to the instances discussed above, there are numerous other reasons why an injured hotel guest in Florida might have grounds to sue if they suffer harm due to inadequate security measures at a hotel. This could include any of the following:
- Lack of surveillance cameras. The absence of surveillance cameras can lead to lawsuits when a hotel fails to install or properly maintain these cameras in crucial areas such as lobbies, hallways, parking lots, and other common spaces, leading to unmonitored activities and undeterred criminal actions.
- Insufficient lighting. Poor lighting in areas like parking lots, hallways, stairwells, and the hotel’s exterior can create hazardous conditions and foster criminal activity, potentially resulting in injuries or harm to guests that could have been prevented with adequate lighting.
- Faulty locks or security systems. Faulty locks or security systems, including broken or malfunctioning locks on doors and windows or unresponsive key card systems, compromise the safety of guest rooms and hotel entrances, making it easier for unauthorized people to gain access to hotel rooms and guests.
- Negligent hiring. Negligent hiring practices, such as employing staff without conducting proper background checks, can result in theft, assault, or other harmful actions by hotel employees, making the hotel liable for the actions of its improperly vetted staff.
- Inadequate response to known threats. A hotel’s inadequate response to known threats or previous incidents reflects a failure to take necessary preventative measures. When this failure results in preventable harm to guests, hotels may be liable for failing to address and rectify known security risks.
- Poorly managed access control. Poorly managed access control, such as allowing non-guests to enter hotel rooms, floors, or buildings without proper verification, compromises the security of all hotel guests and can lead to incidents where the hotel is sued for failing to safeguard its premises and the people within it.
These are just some examples where a hotel’s failure to provide adequate security measures could lead to injuries or harm to guests, potentially resulting in a legal case for negligence against a hotel in Florida.
Burden of proof in Florida negligent security cases
Security requirements for businesses or public locations depend on the type of property and the destination. In Florida negligent security cases, the victim must first prove that the property owner failed to adequately protect clients or renters from harm or risk. The plaintiff must prove that the defendant’s property wasn’t up to the established safety standards set forth by law.
The victim must also prove that they suffered injury or loss as a result of the negligence. The plaintiff must clearly demonstrate they were injured or suffered personal property loss secondary to the establishment owner’s negligence.
To improve the validity of their case, plaintiffs may use evidence to show that the defendant’s failure to provide sufficient security led to similar instances of criminal activity in the past. By continuing to neglect security issues, the present case was foreseeable and thus preventable.
In order to prove their case, plaintiffs may use photographs or videos of the property that demonstrate security problems. They should also obtain a police report documenting their crime, along with any reports indicating other crimes that occurred on the property or within the vicinity. Plaintiffs may also use prior negligent security complaints against the owner.
Establishing proof of personal injury or damages may involve gathering documented medical bills and treatments, proof of lost wages, a list of damage done to personal property and/or the cost of repairing or replacing personal property.
Damages related to Florida negligent security cases
The amount and type of damages recovered depend on the case and the facts surrounding your case. With the assistance of a qualified Florida premises liability attorney, a victim may be reimbursed for:
- Medical bills such as emergency transportation to a medical facility, emergency room and hospital room costs, physician’s fees, surgical and non-surgical treatment charges, prescription medication costs or rehabilitation therapy costs can be covered. Victims might also receive compensation for any future medical bills connected with the injury.
- Lost wages including current and possible future earnings, if the victim suffered long-term or permanent disability due to the crime, may be compensable in a negligent security lawsuit.
- Personal property damage, repair or replacement costs may be awarded for a long list of personal items involved in the crime. These items include, but are not limited to bicycles, cameras, eyeglasses, laptops, mobile devices, motorcycles or other vehicles.
- Pain and suffering. Plaintiffs might request compensation for undue pain and suffering, emotional distress, anxiety and similar mental injuries.
Get help from an experienced negligent security law firm in Tampa
If you’ve been the victim of negligent security, you should know that you do have rights under Florida law. Consider talking to an experienced and trustworthy attorney who will fight for you and make sure you receive the full compensation you deserve. Florida residents know they can trust Lorenzo & Lorenzo.
