Were you assaulted, mugged or otherwise attacked violently on someone else's property? Was a loved one killed as a result of criminal violence? Although your situation certainly involves a criminal case, you may also have a premises liability claim based on negligent security.
Sometimes, a violent criminal act could have been prevented by proper security measures. If someone is responsible for inadequate security measures, you may be able to pursue compensation from that party. To learn more, please call the experienced lawyers at Kelleher Law at 833-546-3675 for a free case review. We are available to take your call 24 hours a day, 7 days a week.
Examples of Security Negligence
Depending on the type of property or establishment, the landowner or land possessor may owe lawful visitors a certain duty to provide reasonable security measures. Examples of negligent security include:
- Inadequate or missing background checks
- Improper hiring practices
- Lack of security guards
- Inadequate lighting
- Broken locks
- Broken doorknobs
- Lack of metal detectors
- Unlocked doors
- Unlocked gates
- Lack of a security alarm
- Lack of a security camera
Property owners and certain other parties have a duty to provide reasonable protection to you, as long as your presence there is lawful. If an assault, rape, murder, or other violent crime could have been prevented by adequate security, then the victim or family of the deceased may have a claim.
Of course, deciding what constitutes "adequate" security depends on the type of property. Crime rates in the area, the location, and other factors all play into this determination. Property owners can be expected to establish only those security measures that make sense for their property and that do not place an unreasonable financial expense on them.
Locations Where These Crimes Typically Occur
Inadequate security could lead to injury or death virtually anywhere. Because of issues of liability and negligence, there are certain property types that are more often the subject of these claims:
- Parking lots
- ATMs
- Banks
- Apartments
- Shopping malls
- Retail stores
- Amusement parks
- Hospitals
- Schools
- Universities
If you or a loved one was the victim of inadequate security, we urge you to call our lawyers as soon as possible. The criminal is certainly responsible and should be held responsible by the proper authorities. But the owner or manager of the property may also be partly responsible. You deserve a chance to hold them accountable.
How Do You Determine Who Is Liable In a Negligent Security Case?
Liable parties in a negligent security case can include an individual officer, the company that oversees security operations at the location where the injury occurred, the company at which security was lacking or otherwise negligent, and others. Oftentimes, liability is shared between different parties. When you sustain an injury due to negligent security, it is useful to have an attorney on your side who can investigate the incident to establish liability. This can be especially useful in cases where multiple parties may share a portion of the blame.
The Legal Elements of a Negligent Security Case
To file a negligent security claim, it must first be established that: You were on a property where your safety should have been guaranteed The owner or operator failed to provide reasonable security measures to guarantee your safety You sustained an injury as a result of this failure While this may seem fairly cut and dry, there are complexities to these cases that are typically best handled by a qualified attorney.
What Types of Evidence Can Be Collected in a Negligent Security Case?
Evidence that can be collected for a negligent security case includes police and incident reports, surveillance video, evidence of similar occurrences at the same property, witness statements, photographs, and your own recollection. Evidence may also include information about training protocols, general security measures taken by the business, and the owner’s knowledge of potential security risks.
How To Deal With Insurance Companies in a Negligent Security Case
Similar to many personal injury claims, insurance companies may be quick to offer a settlement in a negligent security case knowing that, should you accept the offer, you will be barred from taking future legal action. It is important to bear in mind that insurance companies are for-profit corporations that have a history of placing profits over the health and wellbeing of people. Before you deal with an insurance company, talk to a negligent security lawyer who can help you understand all of your options.
Can You Sue a Security Company for Negligence?
If it can be established that a security company is liable for the injuries you have sustained, you are entitled to hold it accountable and file a personal injury lawsuit against it. However, these cases often have more than one liable party. It is a good idea to discuss your case with a premises liability attorney to determine which parties may be included in your suit.
What is the Statute of Limitations for Negligent Security Injury Cases?
In the state of Florida, you have four years to file a negligent security claim. Waiting to take action can, however, complicate your case. Premises liability cases may rest on evidence that can best be collected shortly after the incident occurs, making swift action the best course whenever possible.
How Our Lawyers Can Help
These claims often come down to determining how much responsibility the property owner had for your safety, and whether they should have foreseen a violent crime would occur given the security in place or lack thereof. Our lawyers can deal with these difficult issues of liability. We know how to investigate your case to determine cause, fault and what compensation you are owed.
What Types of Damages Can I Seek in a Negligent Security Lawsuit?
In a negligent security lawsuit, victims may seek compensation for various damages, depending on their injuries' severity and impact on their lives. These damages generally fall into three categories:
Economic Damages (Compensatory)
These cover financial losses directly related to the incident, including:
- Medical Expenses: Emergency room visits, surgeries, hospital stays, rehabilitation, therapy, and ongoing medical care.
- Lost Wages: Compensation for lost income because the victim cannot work.
- Loss of Future Earnings: If the injuries result in long-term disability or a reduced ability to earn income.
- Property Damage: If personal belongings were stolen or destroyed during the incident.
Non-Economic Damages (Pain and Suffering)
These cover intangible losses that don't have a direct financial cost but affect the victim's well-being, including:
- Pain and Suffering: Physical discomfort and chronic pain.
- Emotional Distress: Psychological trauma, anxiety, depression, PTSD, or sleep disturbances.
- Loss of Enjoyment of Life: The injuries hold the victim back from participating in activities they used to enjoy.
- Loss of Consortium: Compensation for a spouse or family member due to the impact on their relationship with the victim.
Punitive Damages
These are awarded in cases where the property owner's negligence was particularly reckless or egregious. While not common, they punish the responsible party and deter future misconduct.
Do Negligent Security Cases Go to Trial, or Can They Be Settled Out of Court?
Negligent security cases can either go to trial or be settled out of court, depending on their specific details and the parties' willingness to negotiate a fair resolution.
Settlement (Out of Court)
- Most negligent security cases are settled before trial.
- A settlement allows both parties to avoid a trial's costs, time, and unpredictability.
- The property owner or insurance company may offer a financial settlement to compensate the victim.
- Settlement negotiations often involve back-and-forth discussions between the victim's attorney and the defense team.
- The victim receives compensation and waives their right to pursue further legal action if an agreement is reached.
Going to Trial
- The case may proceed to trial if negotiations fail or the property owner or insurance company does not offer a reasonable amount.
- Trials take longer and involve court proceedings, witness testimonies, and arguments before a judge or jury.
- A trial may result in higher compensation, especially if the court finds the defendant's negligence to be severe.
- However, trials carry the risk of an unfavorable verdict and potential appeals, which can further delay compensation.
What Are the Common Defenses Used in Negligent Security Cases?
In negligent security cases, property owners and their legal teams often use various defenses to avoid liability, including:
- Lack of Foreseeability: The property owner may argue that they had no reason to anticipate or prevent the crime.
- No Duty of Care: The defense may argue that they did not owe a duty of care to the victim because the victim was not lawfully on the property or the crime happened outside the property's control.
- The Defense Implemented Adequate Security Measures: Property owners may claim they took reasonable security precautions.
- The Victim Was Partly or Fully at Fault: The defense might use comparative negligence laws to argue that the victim contributed to the harm they suffered.
- A Third Party Committed the Crime: The property owner may argue that they are not responsible for the actions of a third party, such as an unknown criminal.
- The Victim Assumed the Risk: The defense might argue that the victim knew the risks of being in a particular location or engaging in certain activities.
A skilled negligent security attorney, like those at Kelleher Law, can counter these arguments by presenting information such as crime statistics, witness testimony, or surveillance footage.
Why Choose Kelleher Law?
Kelleher Law provides decades of legal experience and is committed to delivering outstanding representation in Southwest Florida and Atlanta.
With offices conveniently located in Naples, Fort Myers, and Atlanta, we offer free consultations and are available 24/7 to answer your questions. Whether you need guidance on personal injury or other legal matters, we are ready to help.
Call Kelleher Law
If you aren't sure whether you have an inadequate security claim, please call Kelleher Law at 833-546-3675 for a free consultation. We offer these claim reviews 24 hours a day, 7 days a week. We have offices in Naples, Fort Myers, and Atlanta. We proudly advocate on behalf of injury victims from across Florida and Georgia.
