Negligent security is a distinct type of premises liability claim involving an intersection between civil liability and criminal conduct. The difference between premises security actions and other premises liability actions is that the injury or death is caused by the criminal actions of a third-party. A business or property owner that fails to provide reasonably safe conditions on their premises can be held liable for persons injured or killed. The negligent security attorneys at Alba & Straile PLLC represent the injured and family members of the victims involved in these tragic incidents.
Third-Party Liability for Breach of Duty
As a general rule in negligence actions, a person cannot be held liable for the intervening criminal actions of a third-party. However, as with most rules, there are exceptions. Such is the case with matters involving negligent security. This exception is better understood by assessing the circumstances surrounding a particular incident in terms of foreseeability.
It is not foreseeable that a particular person may cause a particular injury. However, it is foreseeable that failing to take sufficient security measures to protect individuals, who may foreseeably enter upon a property, may result in injury. Concerning negligent security, it is the presence of a foreseeable risk that becomes the underlying factor in determining whether a duty was owed to a victim. Liability for harm may attach upon breach of that duty.
Who can be Held Responsible?
Negligent security claims can occur at various property locations and for many different reasons. For example, a college campus may fail to protect its students or faculty from known or potential dangers. Likewise, a business owner may have inadequate or insufficient safety provisions to protect patrons and employees from foreseeable risks.
Also, a landlord can be held liable for negligent action or inaction, resulting in the injury or death of a tenant or a tenant’s guest(s). Some negligent security actions can even involve claims against the county or state for failing to provide reasonably safe conditions in areas open to the public.
Common Negligent Security Claims
A dangerous condition associated with negligent security actions involves insufficient or improperly maintained lighting or similar illumination in parking lots, parking garages, or other walkways. These are areas where the property owner can reasonably expect persons to utilize while present on their property. Other causes may involve failing to provide sufficient security in areas having higher crime rates. Or perhaps recent criminal activity poses a risk to the safety and security of individuals who enter upon the property. Additional circumstances for negligent security claims include assaults in stairwells, elevators, and venues such as stores, shopping malls, hospitals, nursing homes, sports stadiums, hotels, and more.
Physical Attacks cause Debilitating Injuries and Death
Victims of negligent security often suffer devastating injuries as a result of the conduct of a criminal. For example, these victims may be kidnapped, robbed, physically assaulted, and sexually assaulted. Those injured on another’s property due to the actions or omissions of the property owner can protect their legal rights by consulting with a personal injury attorney experienced in negligent security claims.
In the most tragic negligent security cases, the victim may suffer fatal injuries due to the ruthless and brutal actions of a murderer. Although no monetary figure could ever fully compensate for the emotional suffering caused by losing a loved one, we believe the victim of a senseless murder would have wanted justice sought on their behalf.
When a loved one is killed while on another’s property, the family should consult with a wrongful death lawyer experienced in negligent security actions. Likewise, when injuries are sustained on a property, and it appears that the property owner’s negligence created the unsafe condition(s) and subsequent attack, contact a negligent security attorney as soon as possible.
Call our Florida Negligent Security Legal Team Today
Don’t wait until it’s too late—Let us put our team of dedicated personal injury and criminal law attorneys to work for you. The attorneys at Alba & Straile PLLC have been representing clients in negligent security cases for more than three decades. We are focused on achieving client results and committed to providing our clients with compassion, attention to detail, and ease of attorney accessibility. In addition, our law firm provides our clients with the sound legal representation necessary to effectively and efficiently address their legal needs. We represent clients throughout Florida. Contact Alba & Straile PLLC at (352) 371-9141 to schedule a consultation.