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Negligent Security Lawyer in Tavares
Negligence security is a legal concept that holds one party responsible for the safety of another party. For example, suppose you or your loved one has been injured at someone else's property due to their failure to provide security. In that case, you may need to speak with a competent negligent security lawyer. This attorney fights for the rights of individuals who have been injured due lack of security.
Morgan & Morgan
How to Explain the Negligent Security Concept?
Picture this—you are attending a concert of 30,000 people. A fight breaks out at the concert, and you suffer serious injuries requiring multiple surgeries. This is despite the fact that you had nothing to do with the fight. Instead, you were just at the right place at the wrong time.
Later, while undergoing treatment, you find out in the news that the concert only had ten security guards, who were mainly stationed at the ticketing area. Sounds ridiculous, right? This could be a case of negligent security.
Under normal circumstances, you expect such an event will have proper security. It is even worse if alcohol is being served at the event. In that case, you may need to speak with a Tavares negligent security attorney.
That said, it is also important to note that negligent security cases are not restricted to concerts and events. You can actually get injured at someone's property due to a lack of proper security.
Here is an example:
You have just arrived home from work. While unlocking your door, someone attacks you, robs you of your belongings, and then disappears into the darkness. You suffer serious injuries from the attack and require several emergency surgeries. This could be a case of negligent security.
The argument here is that the attack could have been prevented if you had enough lighting around that area to deter the attacker. Therefore, you may be able to file a negligent security lawsuit against the property owner.
The same applies if someone broke into your apartment and injured you or other members of your family. For example, if your apartment had faulty locks and you raised the issue with the landlord, but they failed to do anything about it, you may hold them responsible for negligent security. This is because the landlord had the power to prevent the attack by installing functional locks, but they failed to do so, putting you and your family in danger.
Other examples of negligent security include:
- A lack of security cameras
- Lack of security guards
- Untrained and unqualified security guards
- Lack of an alarm system
How to Determe Negligence in a Negligent Security Case?
Determining negligence is usually one of the most challenging things about these cases. Although some cases might be quite straightforward, most are complex. A competent negligent security attorney will review the specifics of the case to determine the liable party.
You may be surprised to discover that more than one party might be responsible for negligence. Here is an example of such a situation:
Using the example of the concert we discussed above, let's say the event organizer strictly wanted only ten security guards at a concert thronged by 30,000 people. In that case, this amounts to negligent security. Sometimes, event organizers might want to cut down costs in order to maximize their profits. Unfortunately, this tactic often leads to tragic results.
That said, let's assume the security agency did not play its part in providing reasonable security standards. For example, if the concert had 1000 security officials, this number could be considered reasonable for such a crowd. But if half of the security officials are underqualified, this could be a form of negligence by the security company. The same applies if the security agents could not maintain security at the event because they were equally drunk, abandoning their responsibilities.
So, at what point can the security company and event organizer be held responsible for negligent security?
Suppose the event organizer wanted to save costs by hiring fewer security workers and the workers that showed up were drunk and undertrained. In that case, the event organizer might be held responsible for failing to provide adequate security. On the other hand, the security company might be liable for hiring unqualified and unprofessional security guards.
The bottom line is that the party responsible for the negligence will depend on the specifics of the case. Speaking with an experienced negligent security lawyer in Tavares will help you understand your options if you intend to file this kind of lawsuit.
What are Damages in a Negligent Security Lawsuit?
If you file a successful lawsuit, you may be able to recover damages. However, the exact kind of damages you may be able to recover will depend on the nature of your injuries and the details of your case. Generally, you may be able to recover economic and non-economic damages.
Economic damages are designed to compensate you for the financial losses. For example, if you got injured at the concert and were rushed to the emergency room in an ambulance, the cost of ambulance services is a form of economic damage. Other economic damages include:
- Medical costs
- Cost of medical equipment
- Caregiver costs
- Lost wages
- Loss of earning potential
- Future medical expenses, etc.
On the other hand, non-economic damages are meant to compensate you for losses you incurred but do not have anything to do with money. For instance, if you suffered deep cuts at the concert and required several surgeries, you may be able to obtain compensation for your pain and suffering. Other examples of non-economic damages include loss of enjoyment of life, permanent disfigurement, and mental distress.
There is also a possibility that the court might award you punitive damages. Although not a guarantee, punitive damages are meant to punish the defendant for their gross negligence. They also help warn other parties that they will be liable for negligence if they act in a similar manner.
Punitive damages are usually more than compensatory damages (economic and non-economic damages). Although some jurisdictions restrict the punitive damages a plaintiff might be able to recover, most allow anywhere between 1.5 to 5 times the compensatory damages. The higher the negligence, the higher the punitive damages. Again, it is important to remember that punitive damages are not guaranteed; only the judge or jury can decide whether the plaintiff deserves to be awarded punitive damages.
How to Prove Negligent Security?
When you file a negligent security lawsuit, your case must satisfy certain elements to stand a chance of winning a reasonable settlement. Here are some of the most important elements of a negligent security claim:
Duty of Care
The plaintiff must prove that the defendant owed them a duty of care. To prove this, they must demonstrate that they were at the defendant's property legally.
Using the first example above, if you were attacked at night at your apartment due to your landlord's failure to provide adequate security, you likely have a valid case against the landlord. This is because you are at the property legally based on the tenancy agreement with the landlord. On the other hand, you may not have a valid case if you were attacked while trespassing into the property. This applies even if you suffered serious injuries.
The defendant would argue that they only owe their tenants a duty of care, not individuals on the property illegally. The same also applies to the example of a concert. If you scaled the walls to avoid paying the entrance fee but then got injured in the fight caused by negligent security, the event organizers might argue that you were not at the event legally, meaning they are not legally responsible for your security. Although this argument might be subject to debate, it will only make your case much more difficult to solve.
Breach of Duty of Care
You must also prove that the plaintiff branched their duty of care. Using the example of the apartment attack, if you notified your landlord about the faulty locks and they failed to take action within a reasonable time, this could be a breach of duty of care. In the example of the concert, you may be able to hold the event organizers liable for your injuries if you can prove that they should have acted more responsibly to prevent the fight, but they did not.
You Got Injured
Here is another important thing you need to know: you cannot recover compensation if you fail to prove that you got injured due to the other party's negligence. This further explains why personal injury attorneys advise injury victims to document the injuries and seek medical attention as soon as possible.
If you seek medical attention, you can use your medical records and doctors' reports to prove that you got injured. You may also use photos, videos, and witness accounts to strengthen your case.
You Suffered Damages Due to Negligent Security
Finally, you must demonstrate the connection between your damages and the defendant's negligent actions. For example, the fact that you were transferred to the hospital in an ambulance may not be enough to prove your damages. In fact, a skilled defense attorney might argue that you were too intoxicated, and that is why you got injured in the first place, warranting the need to call an ambulance.
On the other hand, a skilled personal injury lawyer might be able to prove that your medical expenses were a result of the defendant's negligence and not the assumption that you were intoxicated.
If you can prove the above four elements, you will likely be eligible for compensation. Your attorney will calculate the most reasonable settlement amount and begin negotiations with the other party.
What Is the Statute of Limitations on Negligent Security Lawsuits?
The statute of limitations on negligent security lawsuits varies from one jurisdiction to another. Because negligent security falls under personal injury, you may have anywhere between one and five years to file a lawsuit. For instance, in Tavares, Florida, you have up to four years from the date of injury to file such a claim or lawsuit.
Is There a Limit to the Number of Defendants I Can Sue for Negligent Security?
There is no limit to the number of defendants you may be able to sue in these kinds of cases. Just as long as you can prove their negligence, you may be able to sue as many defendants as you wish.
Where Can I Find a Good Negligent Security Lawyer in Tavares, FL?
If you live in Tavares and you or your loved one has been injured due to negligent security, Morgan and Morgan attorneys might be able to help. Headquartered in Orlando, FL, our law firm has been serving victims of personal injury in the state since 1988. For this reason, our attorneys are familiar with the local rules and regulations and how they would apply to your case.
In addition, we are the largest personal injury law firm in Florida and the entire nation. For this reason, we have access to powerful legal resources to fight for you or your loved one. And that's not all—our lawyers have helped our clients recover more than $15 billion so far as compensation for various kinds of injuries, a true testimony of our experience and track record.
Here's a more detailed look at our most recent results.
Contact Morgan and Morgan Negligent Security Attorneys
At Morgan and Morgan, we offer free, no-obligation case evaluation for individuals like you who have been injured due to the negligence of another party. And if you have a valid case, we might be able to fight for you. The best part is that we will not need to pay anything upfront—we provide our legal services on a contingency basis, meaning you only pay us when we win.
Ready to fight back? Our legal representation is the security you can count on when other parties fail you.
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