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When they didn’t tell you the Parking lot is Dangerous after dark
Owners and operators of property in areas with high crime rates in Florida have a duty to provide security for business patrons. They also have an obligation to warn those patrons of the known dangers due to crime in the neighborhood.
Often times, those property owners fail to meet comply with the obligations under Florida law and their patrons suffer for it. If you have been victimized or attacked by a negligently secured or supervised property in Miami, speak to an experienced Negligent Security lawyer today.
Owners or operators of property in areas with high rates of crime have a duty under Florida law to provide security for customers. They also must warn them of the neighborhood’s propensity for crime. In fact, this legal obligation extends beyond a business’s patrons and includes store employees and other members of the public who lawfully visit the premise, just to name a few. When someone is injured due to the failure of the business to secure its premises, including being victimized by criminals during a robbery, hold up of sexual assault.
One of the primary ways of protecting visitors on commercial property is for a business to implement appropriate security measures. This can include security cameras, adequate lighting, functioning door locks, fencing, security guards, and parking lot surveillance.
If you have been assaulted on another person’s property, you may have a claim for compensation for damages if you can show that the property owner had actual or constructive knowledge regarding this danger. Many of the factors that come into play when determining whether the property owner had actual or constructive knowledge includes past crimes committed in the area, how often these crimes were committed, and how close these crimes were to your assault.
Even if the property owner is not able to prevent a crime from occurring on his or her property, Florida premises liability law still puts on the property owner an obligation to at least warn invitees of these dangers if they are known to him or her and to provide some level of reasonable security to keep all patrons safe.
Was It Foreseeable? Whenever a property owner invites another person onto their premises, especially for a business-related purpose, that property owner must take certain steps to keep the property reasonably safe. These steps include the following:
In Florida, crime victims are allowed to seek restitution against the criminal actor. Many victims are not aware of their rights including their entitlement to compensation in the civil justice system against the perpetrator and the owner of the property where the crime occurred. Common incidents of negligent security that result in injury often occur at:
An example of negligent security would be if you are entering your apartment complex at night, and there is a lack of lighting or the entry locks that were supposed to be working were not functioning properly. As a result, you become the victim of theft or assault.
Additionally, another common setting is outside bars, night clubs or any establishment that serves alcohol to its patrons. Unruly or disgruntled customers are not uncommon in these settings and to these businesses. In fact, Florida law requires these businesses to ensure the intoxicated customers which were served alcohol do not pose a danger to others. That’s why many businesses such as sports bars will hire security contractors or bouncers to deter an intoxicated patron from starting a physical altercation or assault because of their inebriation.
When property owners fail to meet and comply with Florida’s negligent security laws, they can be held liable for injuries, and related costs. If you have been victimized or attacked on another’s property due to inadequate security, you may be able to receive compensation by filing a premises liability claim.
Property owners are required to provide safe parking lots for patrons visiting their businesses. Safety measures can include adequate lighting in the parking lot or even adequate fencing and security, especially if the business is one prone to criminal activity or is in an area where criminal activity commonly occurs or has recently occurred. Security guards should be professionally trained and available during all business hours. For example, if a mall patron is assaulted while going to his or her car in a parking lot that is poorly lit and has no security, the victim may not just have a claim against the perpetrator but also against the property owner for failing to provide security and proper safety measures in the parking lot.
Apartment complex tenants are entitled to a certain standard of care when it comes to their safety. Parking lots for tenants are to be well-lit and properly secured. The stairways and common areas within the apartment building should also be safe for all residents and their visitors. Apartment buildings should have security surveilling the premises, and if a crime has occurred within the building, all tenants need to be properly notified. If the landlord or property owner fails to abide by any of these measures, resulting in a tenant or invitee being assaulted, he or she can be held liable for their injuries.
It is important that you hire an attorney experienced in handling negligent security cases in order to successfully recover damages to compensate for an injury sustained while on another person’s property due to improper or lack of security. The statute of limitations for these type cases is four years from the time of injury/assault, or two years in the event that a surviving family member is filing a wrongful death claim.
At Delgado Trial Attorneys, we provide free legal consultations, giving you a comprehensive overview when it comes to recovering damages in your case. Counseling clients through their most difficult times is at the core of our legal practice. We make sure our clients understand the process to eliminate unnecessary stress and anxiety. This is especially true for first time accident victims unfamiliar with the adversarial nature of filing a claim. We believe in ensuring our clients understand exactly what lies ahead, providing them the peace of mind they need for recovery and treatment while we fight for their rights. Call us today at (305) 596-7911 and speak with an experienced Miami negligent security attorney for a free consultation. Virtual sign-ups available.
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