Boca Raton Negligent Security Lawyer
Have you been the victim of a violent crime such as assault? If you were on someone else’s property at the time, you may have a negligent security claim under Florida law against the owner for failing to provide adequate security. The Boca Raton negligent security lawyers at Steinberg Law are happy to review your case and advise you on a potential personal injury lawsuit to recover compensation for your injuries.
What Is “Negligent Security” Under Florida Law?
Negligent security is part of Florida law governing premises liability. This refers to a property owner’s duty of care under the law to maintain their premises in reasonably safe condition for invited guests and members of the public lawfully entitled to be on the property. To be clear, just because you are the victim of a crime on someone’s property, that does not automatically subject the owner to premises liability. Rather, you need to show how the owner failed to implement reasonable security measures based on the nature and location of the property.
In most cases, a negligent security claim requires proof of the following:
- There was a known history of prior criminal activity on or near the property, placing the owner “on notice” that reasonable safety precautions were necessary.
- Given the prior history, the harm sustained by the victim was predictable or reasonably foreseeable.
- Even knowing the potential for harm, the property owner failed to implement reasonable security measures.
Many Florida negligent security cases involve a business failing to hire and maintain adequate qualified security personnel. For example, if there is an assault in a shopping mall, and the property owner never hired any security guards despite a prior history of such incidents at the mall, the assault victim would have a strong case for negligent security.
It is important to note, however, that negligent security is not limited to the presence or absence of security personnel. Many negligent security cases involve something as simple as a lack of security cameras or lighting in a heavily trafficked area, such as the parking lot of a store or the common areas of an apartment building.
Contact Steinberg Law Today
The Florida Legislature recently amended the laws governing negligent securities. For claims filed after March 24, 2023, a trier of fact must now “consider the fault of all persons who contributed to the injury” in assessing a negligent security case. Essentially, this means that a jury (or judge) must look at the fault of the person who committed the actual crime when determining a property owner’s liability for negligent security.
While the new law does not let property owners off the hook for negligent security, it does change how these cases are brought and tried. That is why it is important to work with a qualified Boca Raton negligent security lawyer if you have been the victim of a criminal act and you want to hold a property owner responsible for your losses. Contact Steinberg Law today to schedule an initial consultation.
