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Everyone who walks into a business or their apartment complex has an expectation of safety. It is the duty of the proprietor and the owner to provide that safety. Appropriate security measures are necessary and varied depending on the place.
If inadequate security measures are responsible for a person becoming harmed by someone while on the property, the injured party should contact the Stuart negligent security lawyer. An experienced Stuart premises liability attorney who knows the area of law well and has won or settled many of these cases may be able to build a strong case for you.
Laws Governing Negligent Security
Negligent security is part of premises liability law applying to hazards on properties if no warning is posted. Negligent security covers only criminal acts caused by a third party, meaning someone other than the victim or the property owner or controller.
The act causing the injury must have been foreseeable. Evidence of that is if prior crimes have been committed on the property, such as at a gas station, or in the vicinity of the property. Businesses in known high-crime areas have cause for foreseeability. Many other circumstances can be foreseeable, too.
Another part of this law that must be proven is “constructive knowledge.” The law defines it as notice of a fact that the law presumes a person to have, whether that person knows or does not know they have constructive knowledge.
Security Measures
Many places have surveillance cameras and some have security guards. The cameras can discourage a criminal and a guard can prevent injuries. Lighting darkened places such as parking lots and garages, stairwells and elevators are other precautions that can be preventative.
Comparative Negligence
Negligence law is concerned with the lapse or inadequacy of security measures. The legal definition of negligence is failing to use the care of other people that a prudent individual would have used in the same circumstance, or acting in a manner that a reasonable person would not do.
Florida uses the comparative negligence standard which assigns fault to any party who is responsible for a negligent act that contributed to someone’s injury. The court or a jury assigns fault based on evidence and the number of damages claimed are reduced by the percentage of fault.
If a business operator is 30 percent at fault in causing injury because of negligent security and the business owner is 70 percent at fault, they each pay the injured person the percentage of fault assigned.
Potential Damages
The injured persons may claim all the medical care and therapeutic treatment expenses incurred, as well as any loss of income attributed to the injury. This loss of income can extend to future income that could not be earned as a result of the injury.
Non-economic damages include pain and suffering, emotional trauma, and mental anguish. Other damages may apply depending on the circumstances, such as damages to punish if the negligent act was reckless or wanton.
Speak with a Stuart Negligent Security Attorney Today
The first step is to arrange a free consultation with the Stuart negligent security lawyer who can assess how strong of a case is there, explain the law involved in detail, and answer any questions. There is no obligation to hire the attorney. Contact us today to get started.
