Negligent Security Law – Were You a Victim?
If you or a loved one were harmed or injured on someone else’s property because the property owner failed to provide adequate security, you may be able to sue for compensation.
That means you could get money from a negligent security settlement or verdict to help you cover medical bills, permanent injuries and the loss of the ability to earn money in the future. This ‘recovery of money’ could be the way you provide for your family after an incident has occurred.
Negligent security refers to situations where you were the victim of a violent criminal attack – physical assault, being shot or stabbed, rape and robbery (not a car wreck or slip and fall type of injury).
You hear about these types of personal injuries all of the time here in the Miami area. Examples would include shopping center muggings in Kendall, a person being robbed and beaten while taking money out of an ATM in Miami Beach, an assault in a Hialeah night club or a devastating rape taking place in the dark corner of an apartment complex near the University of Miami.
Has something like this happened to you?
If so, you could be reimbursed under negligent security law, which is part of premises liability law. To find out if you have grounds to file a security negligence claim or lawsuit, contact the Miami personal injury lawyers at Baron & Herskowitz today. We want to hear your story and we want to help. We work side by side with victims in Miami and across Florida get money for their injuries, pain and suffering.
Do you have a negligent security case?
Until we talk with you, we don’t know. Negligent security assumes that a property owner will provide adequate security in places known to be dangerous. The property owner is expected to anticipate foreseeable harm. If the owner fails to do so, he or she may be liable for negligent security – and you may be able to sue them in order to receive compensation for your injuries. You may also be able to sue people renting the property or operating a business on the property. And, you may also be able to sue even if the property owner is uninsured. Remember – every negligence claim is different and unique. But after a 15 minute phone call with one of our attorneys, we should be able to give you answer. And if you do have reasons for a lawsuit, we can provide direction moving forward.
Do I really need a lawyer to help with my lawsuit?
The simple answer is “yes” – you mostly likely will need the help of an experienced negligent security attorney or law firm. Proving that the property owner was liable and didn’t take the proper precautions that could have avoided your incident takes an aggressive and experienced lawyer.
To prove security negligence claims in Florida (and for you to have a successful outcome), five situations must be present for an owner to be accused of negligence. These are:
- The defendant (or property owner) owes the plaintiff (victim) a duty of care
- That duty must be violated
- The victim must show that his or her victimization was caused by the negligence of the property owner
- The harm was foreseeable
- The victim has been injured by the landlord’s conduct
For example, if numerous thefts, rapes, deaths, or other assaults against a person occur on someone else’s property and the assaults have been committed by a third person, the property owner is expected to know that extra security precautions should be taken.
Situations in which you might claim negligent security include:
- Poorly lit public parking garages, stairwells and mall parking lots
- Lack of security workers monitoring of mall parking lots late at night or during holidays when assault and theft increase
- Absence of good lighting in tunnels such as those used in the subway, or underground passes for crossing large streets
- Absence of lights around ATMs
- Absent or non-functioning security cameras
- Dark alleys
- Restaurant parking lots
- Insufficient locks on windows and doors in an apartment building
- Bushes that allow a prowler to hide in an area known to be dangerous
- Parks that are open after dark
- Boats tied up to a wharf without a security gate
- Convenience stores open through the night
- Dark areas on a school campus late at night
- Area where gangs are known to congregate
- A landlord who ignores tenants’ complaints about lack of security
- A landlord who fails to alert police of an attempted break-in in an apartment in his or her building
We can all imagine these scenarios. Security guards negligent because they were on a smoke break or taking a personal phone call. Cameras that were mounted, but don’t record. Gates left unopened when an employee took the trash out, but were not shut and re-locked. Motion sensor lighting that’s old or inoperable so parking areas are darkened. Property owners who knew of repeated issues, but took no action.
What can I do to help the attorney who’s helping me – and when should I call?
The first thing you can do is to speak with an attorney as soon as you possibly can following an assault, robbery or rape. It’s unfortunate, but details of your incident will become less clear as time passes. We know that many victims need time to recover before they every think about talking to a lawyer. And, sadly, many people don’t even realize that they may in fact have a case and can get money to pay back doctor bills, pay for their rent or mortgage or repay you for time lost at work. Our goal is to get you the maximum financial recovery possible.
We will ask questions to better understand ‘what happened’ and why – and provide advice on what you should do next.
We’ll also want to see if you have pictures of the area where the incident occurred. Pictures that you or someone else have taken (even with a cell phone) can help us identify details that you may have trouble recalling. Did someone come to help? Were you able to talk to witnesses? Do you have contact information for those people? Most victims in negligent security cases have been through a remarkably traumatic event. Remembering exactly what happened is difficult and details are often hazy. We do our best to help you reconstruct what happened.
Additionally, did the police show up and file a report? Is there an ongoing investigation? Were private security personnel involved at all? Was the owner of the property or business present? And were emergency responders – EMS or fire fighters – called to the scene? We’ll eventually want to talk to them too.
And we’ll certainly want to understand what medical treatment you’ve had and will having moving forward. Information from the hospital, clinics or doctors will be really helpful for us to have to 1) determine the extent of your injuries (both present and future) and 2) what is the cost of those injuries.
What will it cost me to hire a negligent security lawyer in Miami?
At Baron & Herskowitz, we work on a contingency fee. That means our clients don’t pay anything during the case unless we win your case. We cover the costs of the legal investigation, our time and any experts or other assets we need get you a successful close to your traumatic experience. There are no upfront costs to you for negligent security cases. Fees are made by our firm after we win your case. We’re happy to talk to you about those fees when you call.
How can I contact you?
If you have been somehow accosted or violated by an attacker on someone else’s property, you should contact a Miami negligent security attorney immediately. The property owner should be held liable for the harm you suffered.
Get a Free Consultation. We want to hear from you today. Call 305-670-0101 or contact us online now.