Personal injury claims can result from seemingly innocent circumstances. When any business owner in Florida fails to take due precautionary measures to protect their customers or business partners, a negligent security issue is likely to arise. There are a few basic precautionary measures that should be implemented to keep everyone safe from any attack, theft, or property damage. There are Florida local liability laws that apply to several places to protect individuals. These places include apartments, rental homes, hotels, parks, motels, hospitals, stores, and schools.
If you got involved in a middle of an attack or theft, you become a victim in the public domain. In this case, the owner’s liability can be incurred. Personal injury claims in Florida can be filed against the party at fault by an injured person which can be based on the duty of landowners in providing reasonable safety and to protect visitors from unexpected breaches by a third party. It can be assumed that by having security measures, a breach by a third party could have been prevented.
Offender motivation does not always lead to non-fatal crimes or assaults, as reported by the National Crime Victimization Survey.
Examples of Negligent Security:
There are several scenarios where the owner can be held liable for not keeping up with the security and risking the lives of others. For instance, if a couple is at a restaurant to enjoy the evening, but they got assaulted by an assailant who was hiding in the dark parking lot of that restaurant. If there were enough lighting outside the building, the assault could have been prevented.
Every property will require a different type of security measure. A few examples of security negligence are as follows:
- Lack of security cameras or defective photographic equipment
- Security guards that are not properly trained or equipped
- Inadequate number of security guards
- Malfunctioning locks on the doors
- Not enough lighting to see properly
- Gault in the fences or broken gates
- Alarm system not installed or defective alarms
The generally asked question is why should we sue the owner of the place instead of the person who committed the crime? The answer is simple, as it is easier for you to hold one person responsible who is easier to reach out rather than a stranger who ran away after committing the crime; when the owner of the place didn’t take precautionary measures and it was a contributing factor to the event. It is also possible that the owner of that place might have insurance. The insurance will most likely cover all the damages.
The Burden of Proof Personal Injury Claims in Florida:
The security requirement varies with the type of public places and property. For filing a complaint against the landlord, the victim must prove that the incident that happened was due to the negligence of the landlord, as they did not provide them with enough security and put their customers and clients at risk. The code of the sunshine state has specific laws regarding the security standards of an establishment, which are to be abided by at all times. In order to succeed in filing the claim, the plaintiff must be able to prove that the landlord failed to abide by such laws, thereby causing the violent mishap.
The victim should have proof that they suffered damages and loss due to irresponsible behavior. The applicant must demonstrate that due to the negligence of the owner of the establishment, they were injured or suffered damages to their personal property.
The plaintiff must also improve the validity of their case by providing evidence that shows the same kind of incidents that occurred in the past due to the defendant’s inability to provide sufficient security.
The plaintiff must provide the photographic evidence for personal injury cases in Florida, like photos or videos, which indicate the lack of security at the scene. In order to support their claim, they may do proper research and search for any prior events of the same nature occurring in that place. Complainants can also use previous safety claims for negligence against the owner.
Call Us Today:
If you have been a victim of an assault caused by a lack of security, you might be confused about whether you can get compensated for the damages or not. We will review your case for free and help you in determining if you can file a complaint. You can easily recover the amount that you lost by suing the negligent landowner or another culprit.
If your harm was caused by the contribution of another party, you are eligible for recovering various compensations. A good lawyer will guide you through the process and will help you in understanding the personal injury claims in Florida that will cover your medical bills, lost wages, damages, and pain and suffering.