Negligent Security Attorney in Fort Lauderdale
Property owners have a duty to keep visitors on their property safe from dangers and hazards. If they fail to do so, they could be liable for any injuries that occur. This is known as premises liability. In addition to premises liability, property owners also have a duty to protect visitors from injuries caused by other people on their property, known as third parties.
This doctrine is called negligent security and often occurs when a third party causes an injury to a visitor. When a third party commits a crime against a visitor in Fort Lauderdale because the property owner failed to secure their property sufficiently the property owner could be liable. The idea is that crimes such as robberies, assaults, and even murder could have been prevented if the property owner had adequately secured their property. Due to this failure to protect a visitor from these injuries, the property owner would be liable for any injuries that result and would be responsible to compensate the victim.
Were you a victim of a crime that occurred on someone else’s property? If you were injured or harmed, you might be entitled to compensation from the property owner. A Fort Lauderdale negligent security attorney can help evaluate the facts that led to your injury and help you get the compensation you need. Talk with the negligent security attorneys at Schlacter Law today for assistance.
Typical Negligent Security Crimes in Fort Lauderdale
There are some common types of crimes that occur in negligent security cases. These include:
- Battery and assault
- Rape and sexual assault
- False imprisonment
- Home invasions
- Wrongful death
Batteries and assaults are the most common types of crimes that occur in negligent security cases. Florida Statutes, §784.011(1), defines an assault, and §784.03 defines battery. Additionally, Florida Statutes, §794.011, lays out the elements of sexual assaults and rapes. All of these crimes involve harming an individual or threatening to harm an individual if the criminal’s demands aren’t met.
Robbery is found in Florida Statutes, §812.13, and is when someone takes someone else’s money or property through force or violence. Robberies are common in poorly lit conditions which makes it more difficult to identify the perpetrator. Additionally, areas where individuals are isolated and alone make it easier for criminals to commit robbery.
False imprisonment occurs when someone is forcibly confined against their will. Florida Statutes, §787.02, lays out the elements necessary to prove that someone was falsely imprisoned. This type of crime can occur on a property where someone can be isolated or locked in a location against their will. If the owner knew or should have known that the area had the potential for this type of crime, they might be found to be negligent for any injuries if they failed to secure it.
Home invasions occur when a robbery occurs at a dwelling when the occupant is home. Florida Statutes, §812.135. While the burden may be on the occupant to secure the dwelling, often, the owner of the property could also be found negligent if they failed to adequately provide a secure condition. For example, if an apartment that had insufficient lighting, or if a tenant had complained of a faulty lock that was never repaired, this may be cause for liability.
Arson is the burning of a dwelling or a building knowing that it was occupied by a human being. Florida Statutes, §806.01. Again, if the owner of the dwelling failed to secure the property from access by an arsonist, they may also be negligent for any injuries that result.
Carjackings occur when someone takes another person’s vehicle through force or fear. Florida Statutes, §812.133. Parking lots and parking garages are prime spaces for carjacking. Restricting access to these spaces and protecting patrons with guards and video surveillance is essential in preventing these kinds of crimes.
Wrongful deaths can occur after any type of crime. From assaults, robberies, and carjackings, death is always a possible result. Wrongful death lawsuits are filed by a relative of the deceased to receive compensation when someone caused someone to die through negligence. If the landowner contributed to the circumstances that led to the death they may also be negligent.
If you suspect you or a loved one was a victim of one of these crimes compensation may be available. Talk with a Fort Lauderdale negligent security attorney today to help determine when a negligent security lawsuit is possible. With countless hours working on these types of cases, a negligent security lawyer understands the issues involved and will work hard to get you as much compensation as possible.
Negligent security claims can arise in almost any location. In addition to public spaces, private locations are not immune if a landowner fails to adequately secure the space. Some of the most common locations include:
- Apartment complexes
- Stadiums and arenas
- Parking lots
- Public transportation
- Malls and shopping centers
Public spaces such as hospitals, stadiums, parking lots, nightclubs, malls, shopping centers, and public transportation centers are all easily accessed by large numbers of people. It is essential that people occupying these spaces be adequately protected from crimes that can occur. Failing to secure the property can cause injuries. Some common security failures include:
- A lack of security guards
- A lack of security cameras
- A lack of security alarms
- Inadequately locked locations
- Insufficient lighting
Areas that are prone to crime should be properly secured by the landowner. In areas that are often trafficked by the public, security guards are often used to ensure that all visitors are safe. Guards are typically posted at entrance ways to arenas and guards often patrol parking lots to ensure that no one is there without authorization.
Security cameras are another tool used to mitigate liability. In large areas where it is impossible or impractical for guards to keep tabs on foot, cameras can help ensure that these large areas are secure from anyone who might enter the property with the intent to commit a crime.
Security alarms are useful in deterring nefarious behavior. Particularly in dwellings such as apartment complexes, access to unauthorized areas or areas reserved for residents can be protected by an alarm to deter criminals from entering. Panic alarms are also useful by helping potential crime victims quickly inform authorities that they are in danger and respond accordingly.
Locks are some of the oldest and most effective tools used to secure a location. Any area that is off-limits to the public should be properly closed and locked to prevent anyone access who is not authorized to be there. A space that is left unsecured can potentially be used to commit crimes such as assault and robbery.
Lighting is perhaps the most useful tool used to secure an area. Any property with insufficient lighting can create a dangerous situation. In addition to crime, falling hazards and other dangers can’t be seen by patrons if they are unable to see what’s in front of them. Failing to light public transportation areas, malls, and any other public space can allow unauthorized access and provide much-needed cover for crime to go undetected.
If you suspect a landowner failed to adequately secure their property and you were injured during a crime, contact a Fort Lauderdale negligent security attorney today. A Schlacter Law negligent attorney can help you get the compensation you need and help fight to ensure that a dangerous situation is corrected.
Statute of Limitations in Negligent Security Cases
Florida places time limits on when a victim can file a lawsuit. This is known as the statute of limitations, and it varies based on the type of harm that occurred. When a victim makes a claim for negligent security, this lawsuit must be made in court within four years from the date the injury occurred. If the deadline passes and a claim is not filed in time, it can be dismissed.
Deadlines are an important part of any lawsuit. Failing to file important paperwork on time can result in the inability to receive compensation for an injury. You can be sure that a negligent security lawyer will ensure that no deadline is overlooked and that all paperwork is filed in a timely manner. From insurance claims to filing a lawsuit, the Fort Lauderdale negligent security attorneys at Schlacter Law will always work with your best interests in mind. If you have any questions or concerns, call us today so we can get the process started as soon as possible.
How We Handle Cases
- Your attorney will aggressively investigate your case. Schlacter Law will compile all necessary evidence needed to maximize the value of your case. Which includes but is not limited to photographs, police reports, security camera footage, witness statements, medical bills and medical records.
- You will remain in constant contact with Schlacter Law about the progression of your case.
- Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
- Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
- If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
- At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.
Frequently Asked Questions
What types of compensation are available?
There are several different types of compensation available in these kinds of cases. Compensation can include known costs, such as property damage and medical bills, as well as costs that are more difficult to calculate. Difficult costs include long-term rehabilitation, pain and suffering, and emotional stress, to name just a few. Lastly, punitive damages are available in limited cases where a defendant acted in a reckless manner. To help determine the types and amounts of compensation available under your circumstances be sure to call a Fort Lauderdale attorney today.
What if I am partly responsible for my injuries?
Even in cases where you might have been partly at fault for your injuries you might still be able to receive compensation. Florida follows the doctrine of comparative negligence which reduces compensation by the percentage the victim is found to be responsible for their injuries. If, for example, a court would have awarded $100,000 in compensation but found the victim to be 10% responsible, the amount of compensation would be reduced by 10%, or here, $10,000. Talk with a Fort Lauderdale lawyer today.
How long do I have to file a lawsuit?
For negligence claims, a victim has four years from the time of the accident to file a lawsuit. This is known as the statute of limitations, and failing to adhere to this time restriction could result in a dismissal of a lawsuit. To ensure that the statute of limitations doesn’t pass without filing your lawsuit, talk with a Fort Lauderdale lawyer today.