Business and commercial property owners have a legal duty to maintain safe premises for individuals who lawfully visit their property. This extends to customers, store employees, and any other members of the public lawfully visiting the premises.
One of the primary measures for protecting the safety of visitors on commercial property is implementing appropriate security measures—such as security cameras, surveillance, and security guards. The type of security business owners are required to have on their property may depend on the size of the property, what it’s being used for, and the location.
If you or a loved one is injured or suffers wrongful death as a result of negligent security practices on commercial property, you may be entitled to compensation to cover medical expenses, lost wages, and other pain and suffering costs.
With decades of experience in premises liability law, the inadequate security attorneys of Florin|Roebig have the knowledge and experience to expertly manage cases involving personal injury resulting from a property owner’s negligent security measures.
Types Of Properties Commonly Reported In Inadequate Security Claims
All commercial and business property owners are required by law to uphold certain safety and security standards by way of maintaining safe property conditions, or otherwise informing property visitors of potential risks on their property.
Although the types of security measures property owners are required to adhere to can depend on factors related to property ownership and location, common security measures include: the use of security cameras, security guards, adequate lighting, functioning door locks, parking lot surveillance, and fencing.
Where do incidents of negligent security and resulting injury often occur?
Common sites named in inadequate security claims include:
- parking lots and parking garages
- ATMs
- apartment complexes
- convenience stores
- shopping centers
- nightclubs and bars
- public housing
- hotels and motels
- gas stations
- shopping malls
- community pools
- stairwells
- cruise ships
- other commercial or public venues
An example might be if you are walking on a college campus at night, where there is either ill-functioning or lack of lighting and become a victim of assault or theft.
Under these circumstances, if the cause of the incident can be linked back to the poor lighting or lack of campus police patrol—the university or university police department may be held liable for failing to protect the safety and security of visitors to the campus.
Consequences Of Inadequate And Negligent Security
Even more important than where these inadequate security measures may prove dangerous are the consequences that can occur as a result of these unsafe conditions.
Many negligent security claims are filed by victims of violent crime and injury. The types of consequences that can occur as a result of inadequate security on another’s property may vary depending on the type of property, location, time of day, and other relevant characteristics of the property or surrounding area.
Examples of criminal activity reported in negligent security claims:
- being robbed
- being raped
- being mugged
- being shot at
- being stabbed
- being otherwise assaulted
- murder
These crimes are serious in the eyes of the law, and if a property owner’s failure to maintain adequate security measures on the premises is believed to be a cause of one or more of these crimes—that business or property owner may be held liable for resulting injuries or death and its associated costs.
What Are My Legal Rights For Injury Caused By Inadequate Security?
Inadequate security measures are a premises liability issue that can become the subject of a legal claim or lawsuit if an individual is injured or killed on the property due to these negligent or lacking security measures.
Premises liability is a specific area of personal injury law that is concerned with injuries sustained on commercial, public, and private property as a result of improper upkeep, maintenance, or other unsafe conditions—such as inadequate security.
If you or a loved one sustains injuries on another’s property due to inadequate security measures, you may be able to seek compensation by filing a premises liability claim.
Filing a claim for inadequate security is the typical path for pursuing legal recourse and is most likely to result in a favorable outcome with a knowledgeable attorney on your side, who can offer effective legal guidance and representation.
Inadequate security attorneys can also provide you with a comprehensive overview of your state’s laws regarding recoverable damages, the statute of limitations for premises liability cases, and other legal practicalities related to the claims process.
Statutes Of Limitations For Negligent Security Claims
In personal injury law, the statute of limitations can be thought of as the deadline for which injured plaintiffs have to file a claim or lawsuit from the time of their injury.
The statutes of limitations for personal injury cases can vary by state and depend on the type of claim being filed. In Florida, for instance, the statute of limitations for negligent security claims is four years from the time of the injury, or two years in the event that a surviving family member is suing for wrongful death.
The most accurate information regarding your state’s statutes of limitations can be communicated to you by an experienced negligent security attorney.
What Types Of Damages Are Recoverable In Negligent Security Claims?
Depending on the nature and severity of the crime, you or a loved one may face significant medical expenses as a result of your injuries. These may include emergency transportation costs, emergency care, and ongoing care to help you recover from your injuries.
In severe cases, where individuals sustain serious, permanent, or disabling injuries, additional accommodations to one’s home and lifestyle may also be required. These changes can have extensive, long-lasting effects on a person’s way of life and their physical and psychological well-being.
By seeking legal recourse for your injuries, your personal injury lawyer can help you determine how much compensation you may be entitled to based on the details of your inadequate security case. The most common damages awarded in these cases are compensatory, or monetary damages.
The types of costs that may be eligible for compensation in a negligent security claim settlement include:
- current and future medical expenses
- trauma counseling costs
- pain and suffering
- lost wages
- loss of companionship
- loss of earning capacity
- funeral and burial expenses (in cases of wrongful death)
Comparative Fault And Awarded Damages In Negligent Security Claims
An important consideration to keep in mind when filing for recoverable damages is comparative negligence.
Comparative negligence (also known as comparative fault) is a partial legal defense that is followed by most states across the U.S. This legal defense requires that damages be awarded based on the percentage of fault among the defendants or plaintiff.
This means that if a plaintiff is found to be at partial fault for their sustained injuries, their amount of awarded compensation may be reduced in accordance with the percentage of fault.
There are currently only five states and territories that do not follow comparative negligence for inadequate security claims:
- Alabama
- Maryland
- North Carolina
- Virginia
- Washington D.C.
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Do You Need To Hire An Attorney To File A Claim?
Having a knowledgeable lawyer to represent your interests in a negligent security case can offer significant benefit to building a strong case and securing a favorable outcome.
Although it’s not necessary to hire an attorney, conducting a thorough investigation of the incident, checking state laws on required safety measures for property owners, and gathering enough evidence to support your claim can be a challenging and distressing task to undertake on your own.
An attorney who has experience handling these types of cases, on the other hand, will have a better understanding of how to conduct a proper investigation and consult the appropriate authorities, including law enforcement and other experts. An attorney can also advocate for you based on the nature of your case and the severity of your sustained injuries.
Inadequate And Negligent Security Attorneys Serving The U.S.
The award-winning attorneys of Florin|Roebig have recovered over $1 billion for legal clients nationwide since the founding of our law firm in 1985.
Our attorneys have a wealth of experience and knowledge in how to properly manage negligent security claims and help our injured plaintiffs seek justice and fair compensation.
We are capable of serving individuals out of our offices in Florida, Texas, Minnesota, and Colorado.
Our team of seasoned inadequate security attorneys includes:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Neil P. O’Brien, M.B.A.
- Shaun M. Cummings
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- Nicholas S. Costantino
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- John Hart
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Andrew M. Leone, O.C.
- Nollys R. Solarte, O.C.
We Are Nationally Awarded Lawyers
Find An Inadequate Security Attorney Near You
Millions of violent crimes occur in the United States each year, resulting in significant costs to individuals’ physical, emotional, and financial well-being.
If you or a loved one was injured or suffered wrongful death as a result of negligent security measures on commercial property, the attorneys of Florin|Roebig can help.
By calling our office, we can schedule for you a free case evaluation with one of our top inadequate security attorneys to discuss the details of your case.
Don’t wait to discover what our attorneys can do for you. Contact us today to set up an appointment to share your story with one of our inadequate security attorneys.
