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A property owner has certain duties to make sure the premise is a safe environment for visitors. Crimes because of security negligence by the property owner can happen, and when they do, you should obtain a lawyer to see if you are entitled to compensation. Boynton Beach attorneys have the experience with gathering evidence and presenting it to the court as proof of negligence.
If you have been injured in an accident, contact one of the Boynton Beach negligent security attorneys at Kogan & DiSalvo today to help you with recovering compensation for your injuries.
Suing in a Case Involving Inadequate or Negligent Security
Whoever either owns the land or is occupying the land, has the responsibility for maintaining or making sure the premises is safe for people coming on the property. If it is a building that has multiple tenants, the negligence might fall into the management company. If it is a freestanding building, the business working there may have the ultimate responsibility for maintaining the safe premises.
Burden of Proof on the Plaintiff
The plaintiff must prove that the defendant, store owner or landowner, or whoever was in possession and control of the premises, was negligent. It is not up to the defendant to prove they were negligent, it is always up to the plaintiff. The defendant could look at past instances of criminal activity for the burden of proof. The biggest and best evidence is past history, past conduct, at the premises when proving Boynton Beach negligent security cases.
The plaintiff has to prove that the person in control of the property knows there criminal offenses going on. In the absence of a prior act or a prior history of acts, it can be very difficult to prove that the defendant knew or should have known that this was going to occur.
Adequate Security
In looking at whether the property owner was negligent, if security was adequate, the incident should not have occurred. If an accident does happen, then there may have been some negligence in not having the premises secure. If it is adequate security, then the defendant is not liable. Either security was proper or it was not.
Premises Liability Regarding Foreseeable Crimes
Whether a criminal act is foreseeable would be a question for the jury to determine. The property may have had 10 purse snatchings over a two-year period and then one day a person gets shot because of a drug deal that was happening outside. These are different types of crimes and one is not necessarily foreseeable based on the other ones but, given the level of criminal activity, the owner should have provided enough security to provide the purse snatchings which in turn should have prevented the shooting from a drug deal gone wrong.
Important Knowledge Regarding Negligent Security Cases
The important things to know when trying to prove Boynton Beach security negligence cases are that just because a person is a victim of a crime does not mean the defendant is liable. It is also important to contact the police and file a police report as to what happened and cooperate with the police in the prosecution of any criminal. The history of the premises is vital to the case also, meaning prior criminal acts on a premise. To learn more, speak with a negligent security attorney from Kogan & DiSalvo today to get the proper guidance when seeking damages from a security negligence.
