Negligent security injuries and claims can happen when a business or property owner does not take the necessary precautions to ensure the safety of their guests or customers. Victims of negligent security often suffer serious physical and emotional injuries, and it is important to have an experienced lawyer on your side to help you get the compensation you deserve. Contact GOLDLAW to discuss your case and learn more about your legal rights and options.
What Is a Negligent Security Claim?
Negligent security occurs when a property owner fails to take reasonable steps to ensure the safety of their guests or tenants. This can include failing to adequately light a parking lot, not providing security cameras or guards in high crime areas, or neglecting to repair locks or gates.
To bring a negligent security claim, somebody must be injured as a direct result of the property owner’s negligence. For example, if you are walking through a parking lot that is not well-lit and you are attacked and robbed, you can file a claim against the property owner for failing to provide adequate security measures. For your claim to be successful, your lawyer will need to prove that the property owner knew or should have known about the dangers on their premises and did not take any preventative measures– in other words, you will have to prove that the crime was foreseeable.
Breaking Down Foreseeability
Foreseeability is one of the most important aspects of any negligent security claim. You won’t be successful if you cannot prove that the crime and your injuries were foreseeable. It’s crucial to understand from a legal standpoint what foreseeability is and how it can be shown. Though there is some variation of what is considered foreseeable and how to make this determination, most courts look at a combination of the following factors:
Evidence of Similar Crimes
One way that courts determine whether an injury was foreseeable is by looking at evidence of similar crimes in the area. This evidence can come in many forms, but some examples include police reports, news articles, and witness testimony. If there have been several similar incidents close to where your injury occurred, it’s more likely that the court will find that your injuries were foreseeable.
Temporal Proximity of Crimes
Another factor that courts consider is temporal proximity, or how recently similar crimes have occurred. Generally speaking, the closer in time two incidents are, the more likely it is that they are related. For example, if there have been several assaults near a property within the past month, it’s more likely that the assault was foreseeable than if there had only been one assault nine months ago.
Geographic Proximity of Crimes
Finally, courts also look at geographic proximity when determining whether an injury was foreseeable. Simply put, this means how close together two incidents occurred. For instance, if you were assaulted at a store and there was another assault that happened in the same place, it’s more likely to be considered foreseeable than if the other assault had happened many blocks away.
Convenience Stores in Florida Must Follow Certain Security Regulations
The Convenience Business Security Act (CBS) was enacted in Florida to protect people working and shopping in convenience stores, gas stations, and other retail businesses from being the victims of crime. The CBS requires business owners to take certain security measures to protect their employees, customers, and property. If you have been the victim of a crime committed at a CBS-regulated business, you may be able to file a claim against the business owner for failure to comply with the CBS.
According to the CBS Act, all convenience stores must be equipped with the following security measures:
- Surveillance cameras that can record and retrieve images
- A drop safe or another device to restrict access to cash
- Adequate lighting in parking lots
- A clear notice stating that the business register contains no more than $50
- Windows clear from obstructions and tint
- Height markers at the entrance
- A silent alarm
In some circumstances, there are requirements that even more security measures be in place. If you were injured on the premises of a convenience store, you should speak with a lawyer immediately to see if the business violated any of these or additional requirements, which would help bolster your case.
How to Investigate a Negligent Security Claim
If you’ve been the victim of a crime that could have been prevented if the property owner had taken more precautions, you may have a negligent security claim. To win your case, you’ll need to prove that the property owner knew or should have known about the risks and failed to take action. Here’s how to investigate a negligent security claim:
- Obtain crime statistics for the property surrounding the area. This will give you an idea of the criminal activity in the area.
- Review calls for service and police reports for the business. This will help you determine whether there have been any previous incidents at the property.
- Request internal incident reports documenting criminal acts. These reports will help establish a pattern of illegal activity at the property.
- Find out if the store had any communication with local law enforcement agencies regarding security risks or concerns. This will help establish whether the property owner was aware of the risks.
- Examine the security equipment and maintenance records. This will help you determine whether the security equipment was properly maintained and up to date.
- Preserve records/evidence. It is crucial to keep all records and evidence related to your case to support your claim.
Hire GOLDLAW For Your Negligent Security Claim
If you’ve been the victim of a crime that could have been prevented if the owner had implemented better security measures, you may have a case for negligent security. The experienced personal injury lawyers at our firm can help.
- We will hold the responsible party accountable and get you the compensation you deserve.
- We have a proven track record of success in these types of cases, and we’re ready to put in the hard work for you.
- We always offer a free consultation. We’ll review your case and let you know if we believe you have a strong claim. If we do, we’ll fight tirelessly to get you the justice and financial relief you deserve.
Contact GOLDLAW today to schedule your free consultation.