A slip-and-fall accident in a restaurant. A car crash as you try to navigate out of a dark parking lot. A robbery and assault in a hotel. Depending on the circumstances, all of these may count as negligent security incidents in Florida.
Joshua R. Jones, personal injury lawyer and founder of Josh Jones Law, P.A., explains what negligent security is, how to know whether you have a valid case, and when to seek compensation.
How Does Florida Law Define Negligent Security?
According to Florida law, every business establishment should take appropriate measures to keep its staff, clients, and visitors safe. Proprietors must exercise reasonable precautions to guard against personal injury, property damage, and criminal activity.
This rule applies to any establishment that serves the public, including:
- Bars and restaurants
- Stores and shopping malls
- Hotels, motels, and rental apartment buildings
- Schools and colleges
- Medical facilities
Did you suffer an injury or property damage on someone’s business premises? Do you believe that your incident may have occurred due to improper safety or security measures? If so, you might have a valid negligent security case and may want to consider seeking compensation.
What Are Some Examples of Negligent Security?
Here are several scenarios that may fall under the definition of negligent security in Florida:
- A business doesn’t hire sufficient security personnel or doesn’t employ adequate screening or training for the security staff. As a result, a client suffers a violent robbery.
- A shopping center doesn’t provide proper lighting or signage at its parking lot. A customer fails to back out of a parking spot safely and suffers a personal injury and damage to their vehicle.
- A school’s staircase has had a rickety handrail for some time; the management knows it but puts off dealing with the problem. Eventually, the handrail breaks, and a student falls and suffers a bone fracture.
In these instances, the establishment may be liable for any injury or property damage that may have occurred because of its negligence, inadequate security, or improper maintenance.
Do You Have a Valid Negligent Security Case?
To win a negligent security case, the plaintiff has to prove that:
- The defendant had a legal obligation to provide adequate safety and security in the incident location
- The defendant did not make a reasonable effort to protect clients, visitors, and staff from potential harm
- The plaintiff’s injury or property damage has occurred because of the negligence
The specific security regulations may vary depending on the type of industry. Your personal injury lawyer will work with you to demonstrate that the proprietor failed to comply with minimum safety standards or security procedures.
For a strong case, the accident lawyer must demonstrate that the incident was both expected and preventable. For example, in the handrail case, the hazardous condition may have existed for some time. The school administration might have heard numerous complaints. Several students have possibly lost balance in the exact location. All of these elements can show purposeful and continued negligence.
Establishing a cause-effect link between the unsafe condition and the plaintiff’s injury is essential as well. The proprietor may argue that they didn’t know about the hazardous condition or that the damage may have occurred for another reason. Personal injury lawyers can help victims gather and present relevant evidence such as:
- Pictures and videos showing lack of proper security on the premises
- Witness statements concerning the same security issue
- Medical records and police reports, if present
Can You Seek Compensation for Your Negligent Security Case?
Victims of negligent security can seek compensation for the following:
- Medical expenses, including hospitalization and surgery costs, medication, rehabilitation, and prospective treatment
- Personal property and vehicle damage
- Pain and suffering following the incident, such as anxiety, depression, PTSD, or any mental or emotional distress that occurred due to the negligent security incident
When Should I File a Claim?
According to the Florida Statute of Limitations, you can file a personal injury lawsuit within four years of the accident.
However, filing as soon as possible usually makes it easier for personal injury attorneys to gather and present relevant evidence in a personal injury case, such as photos of the incident scene, witness statements, or medical reports.
Contact Josh Jones Law, P.A., If You Have Questions About A Negligent Security Case
As you struggle with the physical, emotional, and financial aftermath of an injury, you need reliable legal representation from an experienced personal injury lawyer to help you protect your rights. At Josh Jones Law, P.A., we focus on helping everyday people like you. We care about the community and the people we serve.
We represent the entire Greater Miami area, including:
- Fort Lauderdale
- Miami Gardens
- North Miami
Our mission is to help people, especially from underserved communities, understand and fight for their rights. To learn more, download Your Free Personal Injury Toolkit
For a free case evaluation from Josh Jones, an experienced personal injury and negligent security lawyer in the Miami metropolitan area, call our team at Josh Jones Law, P.A. today at (305) 239-4878 or fill out our online form.
Copyright © 2021. Josh Jones Law, P.A. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.