Negligent security cases are a type of premises liability case. When someone is injured by a violent and/or criminal act, they may be able to hold the owner or tenant of the property liable for inadequate security. Often, these injuries arise from robbery, assault, rape and battery, but other criminal acts may give rise to a claim.
While local prosecutors will decide whether to press criminal charges, the victim can still pursue civil remedies. Here’s how negligent security cases work.
The duty of care
In premises liability and general negligence cases, liability often hinges on whether a defendant owed a duty of care to the plaintiff. In negligent security cases, that duty can vary. For example, whereas an apartment tenant or college dorm resident typically cannot provide their own appropriate security measures on the premises, commercial tenants may have a duty to protect shoppers and employees from criminal acts. This is determined on a case-by-case basis.
What is adequate security?
Adequate security measures vary from place to place. For instance, Florida has a presumption against liability for third-party criminal acts when convenience stores take certain precautions. These include installing security cameras, using signs that state the cash register contains less than $50 and using a drop safe.
Other safety precautions include, but are not limited to adequate lighting, hiring security patrols, using appropriate locks and restricting duplicate keys in residential complexes. Depending on the type of premises and what type of crime occurred, a defendant could be held liable for third-party attacks.
If you’ve been injured as a result of negligent security measures, it’s important to consult with an attorney right away. Call the experienced personal injury lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh in Bradenton, FL to learn more.