Florida property owners are legally obligated to keep their premises safe, especially for invited customers. In areas with known crime problems, this may include providing adequate security measures. If you were hurt because of inadequate or negligent security on property owned by another person or company, you may have a right to seek compensation for your harm. The injury attorneys at Cecere Santana, PA have assisted many Fort Lauderdale residents and other individuals throughout Florida in exploring their options and asserting their rights.
Seeking Compensation from a Negligent Property Owner
If you were hurt on premises owned by another party due to inadequate security, you may be able to sue the property owner for its negligence. These types of cases often originate in parking garages, apartments, or shopping malls.
A person bringing a premises liability claim must prove several essential elements:
- There was a dangerous condition on the property;
- The owner knew or should have known about it;
- The owner failed to fix or adequately warn of the condition; and
- An event resulting from the condition caused the victim’s injuries and damages.
Assault, theft, and other violent crimes would likely constitute a dangerous condition. If the area has a history of criminal activity, or the same type of crime has occurred there previously, this may satisfy the element requiring the owner’s knowledge.
The third element depends on the defendant’s behavior. Broken gates, missing cameras, or poor lighting may be enough to constitute inadequate security measures. The failure of guards to respond to an emergency or patrol the area may also give rise to negligent security in some circumstances. Establishing a causal link leading from the defendant’s negligence to the victim’s injuries requires proving that the victim would not have been harmed if the defendant had used adequate security. The event that caused the injuries also must have been reasonably foreseeable.
In addition to a premises liability claim, other causes of action also may be appropriate. If a company provided the security, and its employee acted unreasonably, the victim may consider bringing an ordinary negligence claim against the company directly. Crimes committed by a third party can make causation challenging, but a skilled attorney can help you assess the challenges that you may face in bringing a claim and explain how to address them.
As in other personal injury cases, individuals who successfully prove a negligent security claim may be able to collect compensation from defendants found liable. There are two types of compensatory damages: economic and non-economic. Economic damages account for the pecuniary costs of the victim’s injuries, such as medical bills, lost wages, and other calculable expenses. Non-economic damages are designed to provide compensation for less easily calculated emotional and physical forms of harm, including pain and suffering, emotional distress, and loss of enjoyment of life.
Consult a Fort Lauderdale Attorney When Pursuing a Premises Liability Claim
If you were injured because of negligent security, you may be entitled to compensation from the property owner or other potentially liable parties in Fort Lauderdale or the surrounding area. An experienced premises liability lawyer can gather important evidence, negotiate a settlement, and take your case to trial if necessary. At Cecere Santana, PA, we serve clients throughout Florida, including in Sunrise, Coral Springs, and Hollywood. To see if we can help you, call 800-753-5529 or complete our online form.
Attacked or Robbed? Cecere Santana Can Help!
At Cecere Santana, PA we represent clients that have been attacked and injured on a business property, such as a shopping center, a parking lot, or any other type of business venue. The owner of a business property has a duty to protect a guest on the premises from a criminal attack that is reasonably foreseeable.
The foreseeability of an attack is based upon the owner’s experience that there is a likelihood of disorderly conduct which may endanger the safety of his patrons. Therefore, if management knew or should have known of a risk to individuals and failed to take reasonable steps to guard against that risk and because of that failure a person is injured, the business owner may be held financially responsible for the victim’s injuries.
In a case like this, our team will establish that the business owners knew, based upon experience, of a likelihood that their patrons would be endangered and attacked, and failed to implement proper procedures for the safety of their patrons. In this case, the business owner will be held liable for negligent security and be responsible to the injured person for those injuries.
If you or someone you know has been attacked on business property, give us a call (800) 753-5529 and we’ll be happy to go over the details of your case.