Whether you are at home or at the grocery store, you want to feel safe. Unfortunately, some property owners and managers may not have taken necessary measures to make sure their property is secure from crime. When there is a lapse in the security on the premises, criminal attacks can occur.
If you have been injured due to an attack, contact one of our Boynton Beach negligent security lawyers regarding preventable criminal attacks in Boynton Beach to see if you are eligible for compensation.
Inadequate Security in Boynton Beach
Inadequate security is security which allows criminal activity to happen on its premises. Adequate security is security that prevents unlawful acts from occurring. There is no regulatory standard, so it is more of a common sense approach wherein if there are illegal activities going on, then it is up to the landowner to have enough security to prevent crimes from happening.
Property Owner’s Duty of Protection from Foreseeable Harm
If someone goes to a property to conduct business as an invitee, it is up to the landowner to make sure the visitor is going to be safe while they are on the premises. If there is criminal activity going on or there is a past history of criminal activity, then the landowner is responsible to make sure that it does not occur in the future.
Once criminal activity happens on the premises, the owner of the property needs to make sure that it does not happen again. In some cases, the statutes provide for certain proactive measures that a property owner can take which will alleviate them of responsibility. There is a specific one for convenience stores where if they have enough cameras covering the premises and enough signs, they are immune from liability for criminal acts.
Determining an Unforeseeable Crime
Many times, past history will be looked at when determining if the offense was an unforeseeable crime. When an incident occurs, an attorney can obtain a list of all calls to that location for a period of time from the police department to learn whether or not there has been past incidences of criminal activity. If there have been past occasions of crimes, the property owner is on notice and it would be foreseeable that future crimes occur.
Types of Crimes in Negligent Security Cases
There are many different kinds of preventable criminal attacks in Boynton Beach negligent security cases. The more common crimes are:
- Physical assault
- Drug Deals
Assault and battery, shootings, theft, those would be preventable criminal acts if there was adequate security, adequate lighting, adequate measures to try to minimize or prevent crimes from occurring.
Preventing Criminal Offenses
Preventable criminal attacks in Boynton Beach negligent security cases are usually person-on-person crimes. Depending on where the property is located will determine how much safeguards there need to be. Are cameras adequate enough to thwart criminal activity? Is it a liquor store or a convenience store where people are known to hang out, maybe consume alcohol or other drugs and just stay there? If so, that might raise the level of necessity for the property owner of having someone present, a security guard, or an off-duty police officer.
Regarding nightclubs in a nightclub district where there are people getting intoxicated and then asked to leave or fights break out, a uniformed police officer may be necessary to maintain law and order. It depends on what lawful activities are conducted on the premises. For nightclubs, bars, places where people are getting intoxicated in close quarters to each other, personal issues can develop. However, in a convenience store, people are just going in relatively quickly, purchasing whatever they need and leaving. Some of what is necessary to provide adequate security is dictated by the type of business it is.
If you have been injured due to an attack on someone’s property, a negligent security lawyer from Kogan & DiSalvo can help determine if you are eligible for compensation following a preventable crime in Boynton Beach.