Negligent Security Attorney in Pembroke Pines
A failure of a landowner to adequately protect visitors on their property can lead to injuries. When these injuries were the result of the landowner’s failure to protect these visitors from the harm from a third party, a personal injury negligence lawsuit may entitle a victim to compensation. The doctrine of negligent security is used to award compensation when the landowner was negligent in their duty to protect the victim from harm.
A majority of negligent security cases stem from assaults or batteries committed against the victim. Additionally, sexual assaults, wrongful deaths, robberies, false imprisonments, home invasions, carjackings, and arsons are all common examples of negligent security cases.
If you suspect you were injured as a result of a landowner’s failure to protect you from someone else, the Pembroke Pines negligent security attorneys at Schlacter Law can help. With years of experience litigating negligent security cases, we understand the complexities and details required to win cases. With millions of dollars recovered for our clients, we can get the job done and get you the compensation you so desperately need.
Common Negligent Security Crimes in Pembroke Pines
While any crime that occurs because of a landowner’s failure to protect a visitor may be considered negligent security, there are some crimes that occur more often than others. Understanding what these crimes are can be helpful in determining if you were a victim. The most common crimes include:
- Rape and sexual assault
- False imprisonment
- Home invasions
- Wrongful death
Assault is defined in Florida Statutes §784.011(1) as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so.” When this act creates a fear in the victim, it is classified as an assault.
Unlike an assault, which is a threat of harm, a battery is defined as an actual and intentionally touching or striking of another person against their will according to Florida Statutes §784.03(1). Battery is an actual harm inflicted on the victim. Similar to assaults and batteries, sexual assault and rape are the threat of harm and intentionally touching against someone’s will that is sexual in nature. Assaults, batteries, and sexual assaults commonly occur in poorly lit or poorly secured areas in Pembroke Pines where someone can access a victim without being easily detected.
Florida Statutes §812.13 defines robbery as “the taking of money or other property… with intent to either permanently or temporarily deprive the person or the owner… [through] the use of force, violence, assault, or putting in fear.” Robberies are common in poorly lit and unsecured areas where visitors would expect to be protected but the landowner failed to take precautions to do so.
False imprisonment occurs when a victim is “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will” according to Florida Statutes §787.02(1)(a). Often these types of crimes occur in Pembroke Pines residences, such as apartment complexes, where a landowner knew or should have known that the property was unsecured and vulnerable to a potential crime.
Similar to robberies, carjackings are “the taking of a motor vehicle… from the person or custody of another, with intent to… deprive the person or the owner of the motor vehicle… [through] the use of force, violence, assault, or putting in fear.” Due to the nature of this crime, carjackings often occur in parking garages and parking lots. Conditions that make it easier for carjackings to occur include poor lighting and a lack of video surveillance.
Home invasions are also similar to robberies, however, they occur “when the offender enters a dwelling with the intent to commit a robbery and does commit a robbery of the occupants therein” according to Florida Statutes, §812.135(1). Not unlike false imprisonment, these types of crimes can often occur in residences such as apartment complexes that are insufficiently secured by the landowner.
A wrongful death lawsuit occurs when any of these crimes results in the death of the victim. Wrongful death lawsuits allow certain relatives of the deceased to file a claim on the victim’s behalf to recover compensation. Family members include spouses, minor children, or a parent of a deceased minor child. Under certain circumstances, other relatives may also be able to file a wrongful death suit depending on their relationship to the deceased.
Determining if you were a victim of a crime is essential in determining if there is cause to file a negligent security lawsuit. Additionally, determining who was responsible for securing a property where a crime occurred is an important aspect in these kinds of cases. A negligent security attorney in Pembroke Pines can help. Whether compensation is available through a property insurance policy claim or through a lawsuit, the Pembroke Pines negligent security lawyers at Schlacter Law will help guide you through the process and help you get as much compensation as possible.
Failure to Secure a Pembroke Pines Property
There are several common security measures taken by landowners to ensure that visitors are not injured. Negligence may exist if a landowner fails to take these measures if they knew or should have known that the property was unsafe or dangerous. Some typical safety precautions include:
- Security guards
- Security cameras
- Security alarms
- Locked doors and gates
- Insufficient lighting
While not all properties require security guards, often they are used in areas that are prone to crime or areas that are too large to secure by any other means. Shopping malls and large stores often have guards to ensure that shoppers are safe, and concert and sporting venues often have guards present at entrances to ensure that no one enters the property armed with a weapon.
Security cameras provide the ability to survey a property that is large or impossible to secure by foot alone. They can also be used to detect criminal behavior in hard-to-access areas such as hallways and passageways that might be used to commit a crime. Security cameras can also often record a crime, which can later be used to identify the perpetrator and used as evidence in court.
Security alarms are useful in deterring crime by creating a piercing sound that brings a potential crime to the attention of authorities. Panic alarms can also help secure a property by allowing a potential victim to alert security or the police of a dangerous situation. It is important that security alarms are tested regularly to ensure they work and that security staff knows how to properly respond to an alarm when it has been set off.
The oldest and simplest deterrent to crime, locks have been around for centuries. Regardless of their age, locks are some of the most effective tools to deter crime and are used by a landowner to close off areas that shouldn’t be accessed by the public. Failing to lock an unsafe area can give a criminal access to the property and access to a potential victim.
Fencing is used to separate authorized and unauthorized areas on a property. This can deter a potential crime by ensuring that people remain in areas that are easy to secure and easy to monitor. Fencing can also be used to prevent access to the property all together such as a security fence around a parking lot. With only one secure entrance or exit, a fence can prevent unauthorized access to anyone who doesn’t belong on the property in the first place.
Insufficient lighting plays a major role in negligent security claims. Even if all other security measures are put in place, without the proper lighting, any security measure can be defeated. Without sufficient lighting, security guards might fail to detect someone in an unauthorized area. Poor lighting can also make video surveillance unusable, and a lack of lighting can allow a criminal to pick a lock undetected. Even large fencing can be defeated if there isn’t enough light to detect a ladder or other climbing device designed to get over it.
Taking the proper security measures are important when it comes to negligent security cases. When a landowner knew or should have known that their property was prone to criminal activity, failing to take measures to prevent these crimes could make them liable. To help determine if an injury was caused by an unsafe condition, contact a Pembroke Pines negligent security attorney today. We understand that the responsible party should pay for their mistakes. You can rest assured that we will work hard to get you the compensation you need. Call today for a consultation.
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
How can I afford to pay for an attorney?
Fortunately, personal injury lawyers are usually paid through a contingency fee arrangement. This arrangement would pay a lawyer a percentage of any money they recover on your behalf. The percentage would depend on where in the process the money was recovered and is usually between 33.33% and 40%. By charging a percentage of recovered compensation a victim can initiate a claim without having to worry about coming up with any money now to pay for legal services. Call us today for a consultation.
What if I was partly at fault?
Even if you were partly at fault you might be able to recover some compensation. In Florida, when a victim was partly responsible for their injuries, comparative negligence would apply and reduce any reward by the percentage of fault attributed to them. This would not completely bar recovery, so it’s essential to consult a Pembroke Pines attorney today to determine how much compensation might be available.