Negligent Security Attorney in Hialeah
Property owners owe a duty of care to people who visit their properties. This duty is known as premises liability law and when a property owner fails to protect a visitor from hazards and dangers they can be liable for any injuries that result from this failure to protect them. Negligent security continues this duty owed to visitors by requiring property owners to protect visitors from harm created by a third party, such as a criminal who intends to rob a visitor or assault them.
Recent studies have shown that negligent security cases primarily involve battery and assault cases, but also include sexual assault, wrongful death, robbery, and false imprisonment. Outlying cases also include carjackings, arson, and home invasions.
If you were injured because a landowner failed to protect you from a third party a negligent security lawyer in Hialeah can help. From insurance claims to filing a lawsuit, the negligent security attorneys at Schlacter Law will work hard to ensure that you get the compensation you need to be made whole again.
Common Crimes that Occur due to Negligent Security in Hialeah
Negligently secured properties can lead to different types of crimes. If you were a victim of any of the following crimes, it may be possible to argue that the landowner was liable for the crime due to a failure to protect. Some of the most common crimes that occur due to negligent security in Hialeah include:
- Battery and assault
- Sexual assault and rape
- Wrongful death
- False imprisonment
- Home invasions
Battery is a physical act that results in harm without the person consenting to that harm. A battery occurs when an assailant injures someone by physically hurting them. The harm can be caused by the assailant’s body, such as their fist or leg, or something such as a stick, baseball bat, or even a gun.
Assaults occur when someone creates a fear that they will intentionally harm someone. This threat of harm typically occurs during a robbery where the assailant threatens to hurt someone if they don’t give them what they ask for.
Sexual assaults and rape are intentional torts and can fall into both categories above. Wrongful death cases occur when a person files a claim on behalf of someone who died as a result of another person’s negligence. Often when a victim of a crime was killed, a family member would file a wrongful death suit to recover compensation.
A robbery is the taking of someone’s property or money with the purpose of keeping it permanently or even temporarily, and is taken using force, violence, or instilling fear.
Florida Statutes, §787.02, defines false imprisonment as “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.”
Arson is the act of willfully causing damage to a property or dwelling by the use of fire, particularly if there was a reasonable suspicion that there might be a human being inside the structure at the time of starting the fire.
Home invasions are robberies that occur when “the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.” Florida Statutes, §812.135. If the assailant was armed with a deadly weapon at the time of the robbery it is classified as a felony in the first degree.
Florida Statutes, §812.133(1), defines a carjacking as “the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear.”
Determining a land owner’s duty of care owed to a visitor in a negligent security lawsuit requires careful consideration of the facts that led to the injury. When a crime occurred in Hialeah it can be difficult to determine the duty owed to a victim. Talking with a Hialeah negligent security attorney is the first step in determining if compensation is available. Call today.
Common Locations and Causes of Negligent Security
Any location can give rise to a negligent security lawsuit. However, there are common locations where negligent security cases occur more often than others. These locations include:
- Apartment complexes
- Nursing homes
- Stadiums and arenas
- Parking lots
- Public transportation
- Malls and shopping centers
Public areas such as hospitals are easily accessible by anyone who enters the premises. While nurses, doctors, and other staff have the freedom to roam the facility, often access to patients is poorly limited or not limited at all, allowing anyone from the street the ability to enter a room and commit a crime. Proper security measures should be in place to ensure that no one has access to patients without hospital staff first identifying a visitor and their purpose for being there.
Apartment complexes typically have several families living in one building. With friends, family, and other visitors coming and going, apartment complexes often have numerous people coming in and out at all hours of the day. Some of these people belong there or have a legitimate reason to be on the premises, but oftentimes a visitor may be there with the intent to commit a crime. The landowner has a duty to secure areas that should not be accessible by the general public and ensure that all common areas are properly lit to prevent someone from hiding their presence or successfully breaking into a property undetected.
Similar to hospitals, nursing homes are often open to the public to allow residents access in and out of the building. With old age though comes issues such as dementia and Alzheimer’s disease which can lead residents to be frail, and unable to take care of themselves. This opens up opportunities for criminals to take advantage of unsuspecting victims by slipping into the building undetected. Nursing homes should have proper checkpoints to ensure that anyone on the property has permission to be there.
Sporting stadiums and arenas are popular venues for sporting events and concerts in Hialeah, and typically attract large numbers of people for each event. So many people congregating in a relatively small space create situations ripe for crime. Stadiums and arenas should ensure that all areas are properly guarded by security guards, including bathrooms, hallways, and elevators, and that all areas of the stadium are well lit to prevent anyone from committing a crime undetected.
Similar to stadiums, nightclubs attract large numbers of people in relatively small spaces. Bathrooms, hallways, and all other common areas should be regularly guarded to prevent criminal activity. Additionally, it is common for nightclubs to ensure that any visitor is unarmed before entering the building by creating security checkpoints upon entering.
Parking lots are generally large areas for parking vehicles, making ideal locations for people to hide undetected. Lighting is essential in parking lots to ensure that car owners can find their vehicles and allow them to detect anyone else in the parking lot. Surveillance cameras are also useful for security guards to detect break-ins over large areas of a parking lot since they can often be too big to cover on foot.
Public transportation, such as buses, trains, and subways, is often easily accessible by the public, allowing people to easily come and go undetected. Proper lighting is especially important in areas such as bus stops and train platforms, to ensure that waiting passengers are protected from anyone attempting to take advantage of a potential victim.
Hialeah halls and shopping centers are also easily accessible by the general public. With numerous entrances and exits, it’s all too easy for someone to slip in and out of the premises undetected. Malls and shopping centers should be surveilling their properties using guards and cameras, and all areas should be well lit, including hallways, elevators, and restrooms.
Any building open to the public can put a visitor at risk. Even locations that should be closed to the general public can be tricked into allowing a criminal to enter without permission. There are certain precautions a property owner should take to prevent people from entering a property without authorization and to ensure that anyone on their property is safe. Failing to ensure a visitor’s safety is often a contributing factor involved in negligent security cases. These factors include:
- A failure to provide security guards
- A failure to provide security cameras
- A failure to have security alarms
- A failure to securely lock a location
- A failure to adequately provide enough light
When landowners fail to secure their property properly, and someone is injured, the landowner could be liable and responsible for compensation for the damages that occur. While anyone can become a victim of a crime in almost any location, vigilance is important. However, there are some circumstances where a property owner contributed to a situation that led to a crime by failing to protect someone on their premises. If you were injured or were a victim of a crime because a property owner failed to protect you, contact a Hialeah negligent security attorney today for a consultation to see if you are entitled to compensation.
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 kind of compensation can I expect to receive?
There are three types of compensation available in negligent security claims. The first type of compensation would be the known costs associated with an injury, such as lost wages, medical care, and any bills. Costs that are harder to calculate include things such as pain and suffering and loss of consortium. Lastly, while rare, punitive damages are awarded to punish a defendant and attempt to deter the same behavior in the future. Because of the different circumstances surrounding each case, you should contact the Hialeah attorneys at Schlacter Law today to help determine the types and amounts of compensation available to you.
How do I pay for a lawyer?
Instead of charging a fee for their services, personal injury lawyers will typically get paid through a contingency fee. This means they keep a percentage of any compensation they get on their client’s behalf. This percentage can range between 33.33% and 40%, depending on where in the process the money was recovered. This payment arrangement allows a victim to initiate a claim without having to pay any money at the start of a claim.
What if I was partly responsible for my injuries?
If a victim was partly to blame for their injuries they may still be able to recover money. The amount of money available would be reduced by the percentage of fault that the plaintiff is found to be responsible. If you were injured but may have contributed to the injury talk with the Hialeah attorneys at Schlacter Law today. You may still be entitled to compensation.