An individual who is harmed because a business did not have security or had inadequate security may have cause to sue the business owners and operators for damages, and can do so with the assistance of a professional West Palm Beach negligent security lawyer. When negligent security is in place, those who have control of a property can be financially responsible for the ramification of crimes committed by a third person while on the property, if certain criteria are met. Read on to learn more about how a skilled injury attorney could make a difference in your case.
Constructive Knowledge & Foreseeability
To be liable for damages, the business owner and operator must have had constructive knowledge that criminal activity near the property, or in the vicinity of the property, has occurred. They do not need to have personal knowledge of the specific criminal activity. Florida law presumes the business owner and operator have constructive knowledge even though they do not have personal knowledge. Constructive knowledge can be gained by seeing or reading news accounts of criminal activity near or close to the property.
The other legal criteria involves foresight. A business owner or operator is reasonably expected to know that the lack of security measures or the inadequacy of them could invite criminal activity on the property and endanger those on the property. If a criminal act is reasonably expected, the property owner has a legal obligation to protect those who are on the property. A knowledgeable West Palm Beach negligent security lawyer can offer more details.
Places Requiring Adequate Security
Any place where individuals congregate can be targeted for crime, showing the necessity for reasonable security. These places include airports, amusement parks, apartment complexes, ATMs and banks, churches, hospitals, late night convenience stores, parking garages, schools, and daycare centers. Surveillance cameras in businesses and even on streets have been helpful in identifying perpetrators. Such footage is compelling evidence in criminal law matters.
Florida’s Negligence Law
Negligence is behaving in a way that causes risk and harm to others. The failure to provide reasonable security measures violates the doctrine’s duty of care toward others who are on the property. Failing to provide reasonable security such as cameras or security guards to prevent crime and bodily injury is a breach in duty of care and the proximate cause of harming those who are on the property. Florida upholds the theory comparative negligence, which holds everyone who has a fault in a negligent security situation liable for the percent of fault. A jury determines this percentage of fault in court. Reach out to a professional injury attorney to learn more.
Reaching Out to a West Palm Beach Negligent Security Lawyer
A dedicated West Palm Beach negligent security lawyer understands that negligent security cases can be complicated. It is in the best interests of those who are injured from negligent security to arrange a meeting with a determined West Palm Beach negligent security lawyer to discuss the facts of their case. Their attorney can evaluate the facts as explained and determine if the case merits a lawsuit. Reach out to a dependable West Palm Beach negligent security lawyer today to set up your initial consultation.