Negligent security is a legal way of saying stores, apartment complexes, saloons, and just about any place that has cash or vulnerable people are at risk. Not taking that risk seriously could mean civil court action for compensation on behalf of someone hurt in a crime while on a property because of lacking security efforts. If you have experienced an injury related to insufficient or absent security on a property, contact a Delray Beach negligent security lawyer. An experienced premises liability lawyer can help you seek out the compensation you deserve.
Laws Governing Negligent Security
Negligence in the law is when someone willfully behaves in a way that a prudent person would not and the behavior causes harm to someone. An omission, or a failure to act, can also be considered negligence. Negligence security applies when a third party, the criminal or an offender, causes injury or worse to a patron or resident.
People who are accosted and harmed by a criminal while in a business or walking to their apartments may have a valid lawsuit against the property owner or manager for failing to provide adequate security, and can be assisted by a Delray Beach negligent security lawyer.
Proprietors in Florida who have adequate security measures for the premises are assumed to not have liability, and the measures are specific for types of businesses. For example, Florida has a law specific for convenience stores.
The owners must install security cameras and a cash drop box, or similar apparatus, accompanied by a conspicuous sign on the front door that the cash register has fewer than $50. They also must have a well-lighted parking lot.
The injured person must have been on the property legally and prove that the owners and operators of a business or apartment complex breached their legal responsibility to provide reasonable care. Two other elements of negligent security must be met to have a successful case. One is foreseeability, the other constructive knowledge.
The business owner or manager who does not have adequate security in place can be liable for anyone injured if the crime was reasonably foreseeable. This can be proven if prior criminal activity has taken place at the business.
Beyond that, foreseeability is also evidenced by crimes occurring near the business. Business owners in known high-crime areas can be held negligent if they do not employ proper security measures.
What is Constructive Knowledge?
The law presumes that a person has constructive knowledge of something even if the person does not have actual knowledge of it. For example, if a person sees a cow on the road, the person would have constructive knowledge of a break in the pasture fence.
Crimes committed near a business give nearby business owners and operators constructive knowledge that the business could also experience criminal acts. Having security devices on the property is evidence of constructive knowledge because reasonable care has been taken by installing the security features.
Speaking with a Lawyer
Delray Beach negligent security lawyers are accomplished at suing business owners and operators for their security lapses and winning compensation for those who are seriously injured by a criminal while on a property. To learn if a lawsuit can win and achieve compensation, the attorney provides a review of the facts and can explain the court’s processes and rules.