When you visit a business property, whether it's a shopping mall, bar, gas station, hotel/motel, or an apartment complex, you expect to be safe from violent criminal attacks. Unfortunately, many people unknowingly visit dangerous businesses every day, and they don't know they're in danger until it's too late. Under Florida law, property owners must provide a reasonably safe environment for patrons, and they may be held liable if they fail to do so.
Whether you're enjoying a night out, staying at a hotel, or pumping gas, you should be able to do so without the fear of being attacked. If you or a loved one was injured because of a lack of security at a commercial property, our Tampa negligent security lawyers can help. Call our law firm at 321-LAWSUIT today to get a free consultation with an attorney at our office so you can better understand if you're entitled to compensation.
Defining Negligent Security in Tampa
Negligent Security is a way for people to hold businesses and property owners liable for injuries or death when a business ignores crime on the property and creates a dangerous environment by failing to implement proper security measures. This area of law falls under the category of premises liability, and the focus is on the behavior of the people who own and control the property.
Essentially, property owners and businesses in Florida have a legal obligation to implement reasonable security measures to prevent foreseeable violent crime. If a property owner or business owner fails to put reasonable security in place and someone gets hurt or killed, they may face a negligent security lawsuit.
Note that negligent security is a type of civil case, which is different than a criminal case. Whereas the criminal side of the law seeks to deter and punish crime by taking away a wrongdoer's freedoms, the civil side of the law seeks to compensate victims for what was taken from them as a result of negligent behavior. Thus, when a violent attack occurs on a business property, the attacker may be charged criminally, and the victim may also be able to pursue a personal injury claim against the property owner or business owner.
What Are Some Common Examples of Negligent Security?
In a negligent security case, the issue of liability will often boil down to the security measures in place versus what would be considered "reasonable" security measures under the circumstances. What is a "reasonable" security measure will vary from business to business, depending on the type of business and the frequency of violent crime on or around the property. Accordingly, a property with higher crime might justify a higher level of security than a similar property with less crime.
Some of the more common examples of inadequate security that we see in negligent security claims brought by victims of violent crimes in Tampa include:
- Lack of proper lighting in parking lots or common areas
- Absence of security cameras or poorly maintained surveillance systems
- Failure to hire or train security guards
- Broken or inadequate locks on doors and windows
- Lack of fencing or barriers to prevent unauthorized access
What Are the Different Types of Negligent Security Cases?
Negligent security cases can arise from many different situations where a property owner fails to provide adequate security measures to protect visitors from foreseeable criminal activity. These cases may involve any number of violent acts, including:
- Assaults and Batteries
- Robberies
- Sexual Assaults
- Homicide (Shootings, Stabbings, etc.)
- Muggings
- Abduction and Kidnapping
What Property Owners Are Required to Provide Security?
Business properties have a legal duty to provide a reasonably safe environment for visitors and to take steps to prevent foreseeable criminal activity, which includes providing security where necessary. This duty applies to many different types of business properties, including:
- Apartment complexes
- Shopping centers and malls
- Hotels and motels
- Bars and nightclubs
- Parking garages and lots
- Gas stations
- Convenience stores
What Do you Have to Prove to Win a Negligent Security Case in Tampa?
Winning a negligent security case in Tampa involves proving that the property owner failed to take reasonable steps to provide adequate security and that this failure directly led to your injuries. Specifically, you must demonstrate the following elements of negligence:
- Duty: The property owner had a duty to provide a safe environment
- Beach: The property owner breached this duty by failing to implement adequate security measures
- Causation: The breach of duty directly caused your injuries
- Damages: You suffered damages as a result of your injuries (medical bills, lost wages, pain and suffering, etc.)
What Types of Compensation Can You Recover in a Negligent Security Case?
If you were attacked on a business property because of the business owner's negligence and overall failure to provide reasonable security, you may be entitled to various types of compensation. Some of the more common types of compensation our clients are entitled to in a negligent security case include the following:
- Medical expenses, including future medical bills
- Lost wages and future lost income
- Pain and suffering
- Emotional distress
- Punitive damages (in some cases)
Ultimately, every case is unique, and the compensation a person may be entitled to in a negligent security case will depend on the unique circumstances of that case. Our injury attorneys can help you understand what types of compensation you may be entitled to.
Get a Free Consultation with a Tampa Negligent Security Lawyer
If you have been the victim of a violent attack at a business property in Tampa, Florida, it is essential to seek the help of experienced Tampa negligent security attorneys to help you with your premises liability claim. A negligent security lawyer at our office can help you understand your rights, gather evidence to support your claim, and fight to ensure that you receive the compensation you deserve.
Don't hesitate to reach out to us at 321-LAWSUIT for a free consultation with a negligent security lawyer at our law firm who can evaluate your case and help you determine the best course of action moving forward. With the right legal guidance, you can focus on your recovery while your attorney works to hold the negligent property owner or business owner liable for your injuries.
After your consultation, we can discuss your legal options and figure out the best path moving forward. If we can take your case, you don't pay anything unless we recover money for you. In other words, there is no attorney fee unless we can resolve your case for you.
