When an individual is injured as a result of a violent crime that could
have been prevented by adequate security, it is possible that a
negligent security claim may arise. Foreseeable crimes are tragic, and many businesses and companies
take steps to increase the security of their premises and protect guests
and patrons from harm. When a business doesn’t protect patrons against
foreseeable security risks and criminal attacks, however, they may be liable.
What Is a Foreseeable Criminal Attack?
In order to establish that a criminal activity, such as an assault or robbery,
was foreseeable, the plaintiff will need to establish that the business
operators knew or should have known that there was a likelihood. This
is known as “constructive knowledge,” and is the basis of
the rest of your claim. Previous instances of similar criminal activity
can be a critical part of forming constructive knowledge, especially when
similar crimes happen close in proximity or have occurred recently to
the crime that harmed the plaintiff.
What Are Negligent Security Claims?
Negligent security cases aren’t uncommon, but they may not be the
first thing people think of when they think of an injury claim. If you
have been harmed on private property because of inadequate security, however,
you may be able to claim compensation for your physical and emotional
injuries. A plaintiff in a negligent security case can bring a claim against
the property owner if the owner didn’t provide basic security measures
to prevent harm.
Examples of negligent security claims may include:
- A hotel or motel allowing a suspicious person to linger on the premises
without reason to be there, and a patron is harmed by the individual.
- A nightclub or bar that doesn’t have security personnel on site to
handle potential situations, and a patron is injured when a fight breaks out.
- An apartment building owner doesn’t install adequate locks and a
unit is robbed, leading to financial injury of the inhabitant.
What Elements Will I Need to Prove in My Negligent Security Case?
As in any injury case, there are several elements you will need to prove
in your case in order to prevail. In Florida, these three elements are:
- The defendant had a legal duty to provide adequate security on the premises.
- The defendant failed to provide reasonable care and adequate security measures.
- The plaintiff suffered injury or damages due to the defendant’s failure
to provide adequate security measures.
Many negligent security claims occur after an incident in a public location,
such as shopping malls, nightclubs and bars, hotels, shopping centers,
schools, office buildings, and parking garages and parking lots. If you’ve
been injured, you may not even realize that a negligent security claim
may be possible. An experienced premises liability attorney can help you
identify all potentially liable parties, including property owners who
didn’t provide adequate security to protect you.
At Paulsen Law Group, our dedicated team of Tampa Bay
personal injury attorneys are here to support you through every step of your case. With
our extensive resources, our team is prepared to fully pursue your full
legal options and ensure that your best interests are protected. Schedule
a free case evaluation today to learn more!
Contact our firm by email, or call (727) 270-8260.