Tampa Negligent Security Attorney
Fighting to get justice and maximum compensation after an injury caused by inadequate security in Tampa
Whether you’re staying overnight in a hotel, attending a concert, or visiting a shopping mall in Tampa, you deserve to feel secure. Unfortunately, negligent security can leave you vulnerable to crimes like assault, robbery, or even sexual assault.
It’s important to understand that property owners are legally obligated to ensure their premises are secure and safe for all visitors, and this includes safeguarding visitors not only from premises liability accidents related to slippery floors or poor maintenance but also from potential criminal actions on their property.
If you or a loved one has been victimized due to inadequate security measures at a Florida property, the experienced Tampa personal injury attorneys at Palmer Lopez are here to guide you through the process of filing a negligent security claim.
To discuss the details of your case and learn how we can assist you in seeking justice and compensation, reach out today to schedule a free consultation.
What is negligent security?
Negligent security occurs when a property owner fails to take reasonable precautions to keep visitors safe from criminal activity. This can involve things like inadequate security guards, malfunctioning security systems, poor lighting, or broken locks.
If such negligence leads to an injury, the injured party may have a case against the property owner.
While a negligent security claim can involve nearly any business type, some of the more common claims occur at hotels, shopping malls, convenience stores, amusement parks, apartment complexes, restaurants, parking lots, and more.
What are examples of negligent security?
Examples of negligent security include a wide range of situations where the lack of proper safety measures on a property leads to harm. These can involve:
- Insufficient lighting. This includes poorly lit parking lots, walkways, or building entrances that make it easy for criminal activities to occur.
- Lack of surveillance cameras. This includes not having cameras in strategic locations such as entrances, exits, and common areas or having non-functional cameras.
- Faulty locks or inadequate entry controls. This includes broken or easily bypassed locks on doors and windows or ineffective access control systems that fail to limit entry to authorized individuals only.
- Absence of security personnel. This involves not employing security guards where their presence is necessary due to known risks or previous incidents or having inadequately trained security staff.
- Neglected maintenance of safety features. This includes ignoring the repair of fences, gates, or other physical barriers intended to secure a property.
- Failure to respond to known threats. This involves not taking action after being made aware of potential security threats or previous incidents of crime on the property.
- Inadequate signage. This includes not posting sufficient warning signs in areas known to be dangerous or where special caution is needed.
- Lack of emergency response plans. This involves failing to have a clear plan for responding to security incidents or emergencies, leading to chaotic or ineffective responses that exacerbate the harm.
These examples all illustrate situations where the property owner’s failure to take reasonable security measures can directly contribute to incidents of assault, theft, or other forms of harm to individuals on their premises.
How do I prove a negligent security claim in Florida?
To win a negligent security claim in Florida, you’ll need to prove 4 main elements:
- The first element is to prove that the property owner had a legal obligation to provide necessary security measures on their property. If they weren’t required to provide them, then you won’t have a viable negligent security claim.
- Once you’ve established that they had a duty of care to provide certain security measures, the next step is to prove that they breached that duty by not providing them.
- Next, you’ll need to show that the breach of duty is what directly led to your injuries or the harm that you suffered. For example, if you notified your landlord that your apartment did not have functioning locks and you were subsequently burglarized, they could be held accountable for your damages.
- The last element in a negligent security case is to prove you suffered damages. Without any damages, you don’t have any monetary losses. If you sustained injuries that required medical treatment or had something stolen, you likely have a valid negligent security claim.
It may sound straightforward, but pursuing a negligent security claim is complicated. If you believe you have a valid claim, it’s important to speak with a skilled Tampa negligent security attorney as soon as possible to ensure that any potential evidence is preserved and your rights are protected.
What is the new negligent security law in Florida?
Florida Statutes Section 768.0706, which took effect on March 24, 2023, changed how liability is determined for property owners of multifamily residential units, like apartment complexes, when it comes to crimes that happen on their property.
Under this law, if a property owner follows certain safety steps—like installing security cameras, making sure the parking lot and walkways are well-lit, having locks on doors and windows, and providing their employees with safety training—they may not be legally liable if someone gets hurt because of a crime that was committed on their property by someone other than themself or their employees.
Essentially, this new law gives property owners a way to show they’ve done their part in preventing crimes by adhering to the required safety measures under Florida law, which can shield them from a lawsuit if a crime does occur.
So, how could this affect a security negligence claim against the owner of a multifamily residential unit in Tampa?
Basically, if the property owner has complied with the outlined safety measures, proving negligence could become more challenging for plaintiffs. This change emphasizes the importance of thorough investigation and evidence collection to establish whether the property owner’s security measures were indeed sufficient and properly implemented.
For those affected, it’s crucial to work with a knowledgeable attorney who understands the nuances of this new law and can effectively navigate the complexities it introduces in negligent security cases involving apartments and other multifamily residential units.
What types of damages are available in a Tampa negligent security claim?
The types of damages you could receive will vary based on the circumstances of your case. For example, if your house were burglarized while you were away from home, you wouldn’t have medical bills.
Depending on the circumstances, plaintiffs in a negligent security claim might be able to receive compensation for their:
- Medical bills
- Loss of earnings
- Physical pain and suffering
- Emotional suffering
- Property damage
- Future medical expenses
- Loss of earning capacity
In select cases, you may also be able to collect punitive damages, which are meant to punish the defendant and deter them from engaging in the same behavior. However, punitive damages aren’t awarded often.
Get the help you need from an experienced Tampa negligent security lawyer
If you or a loved one was the victim of negligent security in the Tampa area that led to a catastrophic injury or wrongful death, Palmer Lopez can help with your claim.
Our knowledgeable negligent security attorneys are familiar with Florida’s legal landscape and work hard to stay ahead of legislative changes that could impact your claim, ensuring that we’re always prepared to provide the most effective representation possible.
Our expertise and dedication have led to successful resolutions in numerous negligent security cases throughout Tampa, so you can rest assured that we’re well-equipped to help you get the justice and compensation you deserve.
Want to learn more about how we can help maximize your claim?
