Were you injured by a criminal act on another person’s property? You may assume that only the perpetrator is to blame for this horrid event. However, you may be able to hold the property owner liable for negligent security and seek compensation.
You need an experienced Delray Beach negligent security lawyer to guide you through this process. At Steinberg Law, P.A., we have helped countless clients navigate negligent security claims and maximize compensation. We can help you hold the property owner accountable and hopefully prevent future incidents.
Call us today at 877-783-4611 to request a consultation.
What Is Negligent Security?
Negligent security is a form of negligence in which a property owner implements inadequate security measures and fails to deter criminal activity.
To understand negligent security, you should first understand negligence. Property owners have a responsibility to maintain safe premises and take reasonable care to prevent harm to visitors. For many businesses, this includes implementing the proper security measures to deter criminal activity.
When property owners fail to execute reasonable care and an injury or other incident occurs on their properties, they are often liable for damages. Proving negligent security is a bit more challenging than supporting other premises liability claims, as you need to define what “reasonable” security would have been for that property. Our premises liability lawyers can help strengthen your case with compelling evidence.
Types of Crimes That May Be Eligible for a Negligent Security Claim
If you were the victim of a crime on another person’s property, whether it was a friend’s house, a store, a gas station, or virtually any other business, you may be eligible for compensation. These claims commonly involve the following crimes:
- Robbery
- Assault
- Battery
- Sexual assault
- Rape
Proving Negligent Security in Florida
To have a valid negligent security claim, you need to prove the four basic elements of negligence:
- The property owner owed you a duty of care.
- The property owner breached their duty of care by failing to implement reasonable security measures.
- An incident occurred because of the breach.
- You suffered injuries or other damages in the accident.
Property owners owe you a duty of care when you are lawfully on their premises. Meanwhile, to show that the property owner breached their duty of care, you should be able to prove two main concepts:
- Foreseeability: The crime was reasonably foreseeable. It wasn’t a rare, completely unexpected occurrence; instead, it aligns with other crimes that previously occurred in the area or that the average person would not deem out of the ordinary.
- Constructive knowledge: The property owner could have inferred that a crime would occur, even if they did not have actual knowledge of an impending crime. For example, if a crime recently happened near the business, the owner should infer that their property could also experience criminal activity.
While injuries are common in assaults, robbery, and rape cases, you don’t have to be physically injured to be eligible for compensation. We can help you prove emotional damages related to the stress and trauma of the incident.
Compelling Evidence in Security Negligence Cases
Proving the above criteria involves collecting extensive evidence to show that the property owner knew or reasonably should have known that criminal activity could occur. Our Delray Beach negligent security lawyers will spend time collecting evidence to support these criteria. Such evidence may include:
- Reports of criminal activity on neighboring properties
- Reports of past criminal activity on the same property
- Crime statistics for that neighborhood in Delray Beach, in general
- Photos or videos of the property showing that insufficient security measures were present
- Laws dictating the types of security measures necessary for that business
- Examples of similar businesses that meet reasonable property safety standards
- Testimonies from any witnesses to the crime
Types of Security Measures Businesses Should Have in Place
Proving that the property owner had negligent security involves specifying which security measures it should have had in place to prevent your accident. Any of the following may have helped deter criminal activity:
- Security cameras
- The use of identification badges
- Security guards
- Signs warning customers of the risks of certain activities (e.g., “Don’t Leave Your Vehicle Unlocked”)
- Appropriate lighting for outdoor spaces and parking lots
Compensation You Can Seek After a Negligent Security Accident
With the help of our Delray Beach legal representation, you can seek compensation for economic and non-economic damages occurring from your negligent security incident.
Economic damages include compensation for injuries and their resulting expenses, such as:
- Medical bills
- Time off work
- Loss of future earning capacity
- Mental health therapy costs
The incident likely also took an emotional toll on you. We can help you seek non-economic damages to cover the following:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of quality of life
You may also be able to seek compensation from the Florida Bureau of Victim Compensation. The department helps victims ease their financial hardships after crimes. This form of crime victim compensation is available after all other sources of payment have been exhausted.
Keep in mind that you may have the right to pursue civil action against the perpetrator of the crime as well. Our Delray Beach negligent security lawyers can evaluate your case and explain your potential outlets for compensation.
Statute of Limitations for Florida Negligent Security Cases
In Florida, you must file a negligent security case within four years of the date of injury. While this seems like a decent amount of time, it can go by quickly during your mental and physical recovery. Additionally, the longer you wait to take legal action, the more challenging it will be to collect compelling evidence.
Much of the evidence in negligent security cases involves finding records of criminal activity around the same time as your incident. If you wait four years to file a case, those records may not be readily available.
Contact Steinberg Law, P.A., today to start the ball rolling on your case. We can explain your eligibility for compensation and walk you through the next steps.
Our Delray Beach Negligent Security Lawyers Can Help You Move Forward
Being the victim of a crime comes with a range of challenging emotions. You may feel overwhelmed by the prospect of pursuing compensation after this life-changing event. At Steinberg Law, P.A., we’re committed to making this process as easy as possible for you.
Allow us to communicate with all parties on your behalf, collect evidence to support the property owner responsibility, file all necessary paperwork, and represent you throughout the compensation process. Contact us today at 877-783-4611 or fill out our contact form for a free consultation with our Delray Beach negligent security lawyers.
Negligent Security FAQs
Read some of the most common frequently asked questions related to negligent security cases in Florida.
How do I prove negligent security?
You can prove negligent security by showing that the property owner failed to implement reasonable security measures based on their constructive knowledge of the potential for crimes. Our attorneys will collect evidence to demonstrate the property owner’s negligence.
What is a negligent security claim?
A negligent security claim purports that a property owner failed to use adequate security measures to reasonably prevent crimes on their premises. It holds the property owner liable for the damages you incurred due to this negligent act.
How can a Delray Beach negligent security lawyer assist you?
A Delray Beach negligent security lawyer can guide you through the process of seeking compensation after a crime. This may include gathering evidence, filing claim paperwork, negotiating a settlement offer, representing you in court, and more. Our attorneys will take as much of this process off your shoulders as possible while you take time to physically and emotionally heal.
