Victims of Inadequate Security Injuries Can Pursue Justice with the Help of The Spivey Law Firm
Each year nationwide and across the state of Florida, people are attacked, assaulted, raped, injured, and even killed on business and residential properties whose owners fail to provide adequate security. These property owners have a duty to exercise reasonable care to the people who might enter onto their property, and this duty includes the responsibility of providing adequate security in order to ensure the safety of visitors on their property. Adequate security measures might include:
- Hiring nighttime security to patrol the premises
- Installing surveillance cameras
- Using security gates
- Ensuring that the premises are adequately lit at night
- Installing appropriate alarms
- Ensuring all fencing and gates are in good repair
- Ensuring all locks are operational
- Liaising with law enforcement regarding crimes in the area
- Warning visitors if there is high crime activity in the vicinity
As a Fort Myers premises liability and personal injury lawyer, Randall L. Spivey is trained to investigate incidents of inadequate security. He will determine why the incident occurred and seek to hold the property owner accountable for the injuries that occurred as a result of such incidents. Call the Spivey Law Firm, Personal Injury Attorneys, P.A., today at (888) 477-4839 for a free consultation.
What Victims of Inadequate Security Should Know
All too often, victims receive no prior warnings about the dangers of a property before entering into it, including prior criminal activity that has occurred on the property or in the surrounding area. Our experienced Fort Myers personal injury lawyer hires professionals to obtain crime data information from local police and sheriff departments to show the extent of criminal activity that occurred on the property before the date of the incident.
Many times, the owner or manager of the property is aware of the extent of criminal activity on the property but fails to warn the victim in advance. This results in criminals coming onto the property and committing crimes because they are well-acquainted with the lack of security on that particular property. The resulting crimes can be horrific for the victim.
Often the attack results in property crimes such as robbery, but sometimes they result in crimes against people, such as assault or rape. Victims of incidents that may have been avoided with proper security measures or posted warnings of criminal activity can pursue compensation by holding the property owner responsible for any injuries that resulted from those crimes.
What Is Considered Negligent or Inadequate Security?
As noted above, an owner can take several steps to minimize the risks of any negligent security incidents. However, if a property owner does not take adequate measures to keep their premises safe, criminal activity can become a very real and dangerous threat to customers or visitors to the premises. Examples of negligent security may include:
- Inadequate or Broken Lighting. When a property is poorly lit, those intending to do harm feel protected by darkness. In some cases, poor lighting may be considered negligent security, such as if a property owner fails to replace broken light bulbs promptly.
- Lack of Security Systems. Property owners should make a reasonable effort to install adequate security systems such as security cameras, alarms, and functional locks on doors. Failure to do so may be considered negligent security. For example, if a property owner does not fix broken security cameras or malfunctioning alarms, they may be liable.
- Lack of Security Guards. Security guards are often necessary for premises such as bars, nightclubs, and concert venues. Failure to provide security guards may be considered negligent security. Hiring untrained security guards who fail to take appropriate actions in an emergency situation can also contribute to negligent security.
Negligent Security Claims for Injuries on Public Property
Generally, negligent security claims arise when the victim suffers harm on someone else’s property due to the property owner’s negligent security. Therefore, it does not make a difference whether the property is privately owned or publicly owned. Public property can include municipal parking lots, public transit stations, government buildings, airports, as well as other publicly-owned spaces.
However, if an attack occurred on public property, different laws apply, depending on area laws and regulations. For example, when a victim suffers harm due to a negligent security incident on government property, they typically have to file a notice to the government within a certain amount of time. This is usually mandatory before the victim can take legal action. Missing this deadline may prevent a victim from filing a lawsuit. The timeframe in which a victim has to file a notice to a government entity can be as short as 90 days after the injury happened, depending on where the incident occurred.
Claims Against Private Property Owners
Negligent security may apply to private as well as public property. If you suffered injuries as a result of a crime on private property, you could potentially have a civil case against the property owner or lessee. However, to be able to file a lawsuit and recover compensation for your injuries, you will have to prove that the property owner or representative acted negligently.
How Your Negligent Security Attorney Will Provide Fault
Different properties have different requirements for security, depending on what type of property it is. For example, in a nightclub or bar, it may be absolutely necessary to have security guards to keep customers safe. On the other hand, a small retail store in a mall may have quite different requirements for keeping their shoppers safe. Private property owners and businesses must ensure customers and visitors are safe, but it can be challenging for victims to know whether they have a valid claim. That said, you will need to prove that:
- The property owner had a duty to provide adequate security
- The property owner breached that duty failing to provide a safe environment
- This breach of duty led to your injuries
- You suffered damages as a result of your injuries
For example, if a property owner neglected to maintain adequate security in a parking garage, and you became the victim of a violent crime and suffered injuries and damages as a result, you may have a civil claim against the perpetrator.
You May Be Entitled to Compensation - Contact Us Today to Learn More About Your Rights
If you or a family member has been the victim of an attack, assault, rape, or any type of accidental injury occurring on a property, a Fort Myers inadequate security lawyer can protect your rights. Please contact the Spivey Law Firm, Personal Injury Attorneys, P.A. at (239) 337-7483 or statewide (888) 477-4839, immediately for a free consultation about any potential inadequate security claim that you may have against the property owner.
There are no fees or costs for you to pay unless you win a financial settlement or award in your case. This means that you will not have to worry about paying monthly bills or financing a lawsuit; rather, we will bring the claim on your behalf because we believe in and stand behind you.