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.
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, and Cohen 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.
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 an answer. And if you do have reasons for a lawsuit, we can provide direction moving forward.
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:
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.
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.
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.
At Baron, Herskowitz, and Cohen, 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.
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.