Negligent Security Attorney in Palm Harbor35686 US Highway 19 N,
Palm Harbor, FL 34683
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Negligent Security Lawyer in Palm Harbor
If you've been the victim of a crime that could have been prevented by better security, you may be feeling angry and betrayed. You're not alone—and you don't have to go through this process alone either. At Morgan & Morgan, we have a team of experienced attorneys who are ready to fight for you. With our resources and track record of success, we will do everything in our power to get justice for what happened to you.
Contact us today to schedule a free, no-obligation case evaluation.
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What Is Negligent Security?
Negligent security is a type of personal injury claim that arises when people are injured on a third party’s property or surrounding areas due to inadequate security.
For example, suppose you are attacked and injured by another person while walking through an apartment complex at night. You might be able to sue for negligent security if you can show that the apartment complex had inadequate lighting or security guards and that this made it more likely for you to be attacked.
What Are The Most Common Examples of Negligent Security?
1. Insufficient Lighting
One common example of negligent security is a lack of adequate lighting. This can be especially dangerous at businesses that are open late at night, such as convenience stores and gas stations. A lack of lighting can make it difficult for people to see potential dangers, which can lead to situations where people are accosted or mugged without anyone realizing it. If you have been injured due to a lack of adequate lighting, you may be able to hold the business responsible for your injuries.
2. Lack of Surveillance
One of the most important ways to deter crime is by having an adequate surveillance system in place. This could include security cameras, guards, or a combination of both. Unfortunately, many businesses choose to skimp on surveillance in order to save money.
As a result, criminals are often able to enter and exit buildings without being detected. Additionally, without video cameras, criminals know they won’t be recorded and it’s less likely that they will be caught, making it more likely that crime will occur. This puts everyone at risk of theft, assault, or even worse.
3. Poorly Trained Security Personnel
In some cases, businesses may have security measures in place but fail to properly train their employees on how to use them. For example, if a business has security guards but does not provide them with adequate training on how to handle suspicious activity, they may not be able to properly protect guests in the event of a crime.
Similarly, if a business has security cameras but does not properly monitor them, criminals may be able to commit crimes without being detected. If you have been injured due to poorly trained security, you may have a claim against the business owner or property owner.
4. Improperly Secured Entrances and Exits
Another example of negligent security is when businesses do not properly secure their entrances and exits. This can be especially dangerous in businesses that attract large crowds, such as nightclubs or concert venues. If doors are not properly secured, it can allow people who are not supposed to be on the premises to enter. This can lead to serious injuries, as well as theft and property damage.
How to Prove Negligent Security?
In order to win a negligent security case, you will need to present evidence that:
- The property owner owed you a duty of care;
- The property owner breached that duty by failing to provide reasonable security measures;
- You were injured as a result of the lack of security; and
- You suffered injuries and losses.
Additionally, you will need to show that the injuries you suffered and the crime that was committed were reasonably foreseeable.
What is The Importance of Foreseeability in a Negligent Security Claim?
One of the key elements that must be present for a successful negligent security claim to be brought is foreseeability. To recover damages, the plaintiff must prove that the defendant knew or should have known that there was a foreseeable risk of criminal activity occurring on the premises and that he or she failed to take reasonable steps to prevent it.
Foreseeability is defined as the ability to predict or anticipate that something might happen in the future. To prove that the defendant had a duty to take reasonable steps to prevent harm, the plaintiff must show that it was reasonably foreseeable that criminal activity would occur on the premises.
What Are Factors That Impact Foreseeability?
Not all cases are alike, and therefore, not all cases will have the same foreseeability analysis. The unique facts and circumstances of each individual case will impact how foreseeability is determined. Generally, though, the following factors are considered when determining whether a crime was foreseeable:
The Location Factor
One factor courts often consider when looking at foreseeability is location. For example, if a business is located in an area with high crime rates, criminal activity is more likely to be found foreseeable than if it were located in an area with low crime rates. This is because businesses located in high-crime areas are more likely to attract criminals and because people are more likely to be targeted for criminal activity when they are in areas where crime is more prevalent.
Another thing that will be looked at are any similar crimes that have occurred in the vicinity. If there have been a number of assaults or robberies at businesses similar nearby or at the same business, then it may be more foreseeable that something could happen to you as well.
Proximity in Time
The last thing that will be considered is the proximity in time of other crimes in the area or on the premises. If there have been a number of crimes recently, then it is more likely to be foreseeable that something could happen again than if there hadn’t been any criminal activity in many years.
Victims of Crimes May Have Recourse Outside of Civil Court
Although suing for negligent security can be an effective way to recover damages if you've been injured due to someone else's negligence, it's important to keep in mind that this is not your only option. In some cases, victims of crimes may also be able to seek relief through criminal prosecution or filing for a restraining order.
What Are the Most Common Places for Negligent Security Claims?
When you think of negligent security, what places come to mind? You might picture a dark parking garage or a dimly lit alleyway. However, negligent security claims can arise in a variety of different settings.
Supermarkets are open early in the morning and late at night, meaning shoppers are often walking to and from their cars in the dark. If a supermarket fails to protect its customers with adequately lit parking lots—particularly if it is in a high crime area—they could be responsible if you are the victim of a crime in or around their property.
There have been numerous instances of violence at nightclubs in recent years. In some cases, these incidents could have been prevented if the nightclub had adequate security measures in place. Nightclubs typically have a duty to provide security guards and conduct thorough searches of patrons before they are allowed entry. If you have been injured as a result of violence at a nightclub, you may be able to bring a negligent security claim against the club's owners or operators.
Like nightclubs, bars can also be hotspots for violence. Bouncers and other security personnel can help prevent fights from breaking out by removing intoxicated or belligerent patrons from the premises. If you have been injured in a fight at a bar, you may be able to bring a negligent security claim against the bar's owners or operators.
Apartment complexes have a duty to take reasonable steps to ensure that their premises are safe for tenants and their guests. This includes providing adequate lighting in common areas and maintaining locks on doors and windows. If a resident loses a key to a common area, it’s the owner or manager’s duty to rekey the doors so strangers can’t get into the building. If they fail to do this and you are the victim of a crime, you may have a negligent security claim.
Hire Morgan & Morgan for Your Negligent Security Claim
If you or a loved one has been the victim of a crime that could have been prevented had better security measures been in place, you may have a case against the property owner. The reality is, many crimes occur because of negligent security, and property owners can be held liable.
At Morgan & Morgan, we have a team of experienced attorneys who have successfully represented many clients in negligent security cases. We understand the physical, emotional, and financial toll these types of crimes can take on victims and their families, and we're here to help you get the compensation you deserve. If you need a negligent security lawyer in Palm harbor, we can help. We will review your case for free and determine if you have a negligent security claim. If we think you do, we will fight tirelessly to get you the justice and compensation that you deserve. Don't go through this alone—let us help!
Contact Morgan & Morgan today to schedule a free case evaluation.