Florida Injury Lawyer Blog

Property owners have an obligation to keep people visiting their property safe. Retail business owners, property managers, landlords, and property owners all have an obligation to ensure that their premises are safe. In fact, many business owners and property owners advertise their security systems and the safety of their premises to customers, patrons, and visitors. A condo building, for example, may promise the latest in security devices and measures. Many businesses charge extra for safety features.

Unfortunately, not all business owners live up to their promises in terms of adequate safety and security. Whether businesses promise safety and security overtly or not, they all have an obligation to ensure that their properties are safe. When owners and property managers are negligent in providing basic safety and adequate safety measures, they can be held liable if someone is injured on the property.

Inadequate security cases arise quite often when someone is assaulted, sexually assaulted, mugged, or otherwise harmed on a property due to inadequate security. In these cases, serious personal injury as well as emotional trauma can result. Even if the perpetrator is never caught, property owners can be held liable if it is shown that they are negligent in providing a reasonable amount or an appropriate amount of safety measures.

If you have been injured, assaulted, or otherwise harmed on a property, you may wonder whether you have an inadequate security case. There are generally three factors that determine whether you have a case. If these three factors are present, you may be eligible under Florida law to seek redress for your injuries:

1) The property owner failed to meet a legal duty that he was obliged to provide. That is, you may have a case if the property owner was negligent in providing adequate security measures. If there was inadequate lighting, inadequate warnings about potentially dangerous situations, or if there were other safety concerns that might have contributed partly or directly to your injury, you may have a case.

2) The property owner’s negligence resulted in your injuries. You may have an inadequate security case if the actions of the property owner resulted in your injury. For example, if a property owner did not install adequate lighting in an underground garage and you were robbed in the underground parking garage because you could not see your attacker ahead of time in order to escape, you may have a case.

3) You have sustained injuries or damages as a result of the incident. If you have been attacked, you may have been robbed of money, you could have sustained a head injury, broken bones, or other serious injury. You may have had to lose income because you could not attend work for a few days due to your injuries or due to stress. If you have needed to pay for therapy in order to resume your normal life, or if you have had to replace property that was stolen or damaged in the incident, you may also have a case for inadequate security.

If you are not sure whether you qualify for an inadequate security case, contact a qualified Florida personal attorney today. A good Florida attorney can tell you whether you have a case and can help you safeguard your rights in the event that you do.

If you run a business, keep in mind that holiday time brings many new opportunities, but also additional risks. Many business owners do not consider inadequate security issues on their premises, but at this time of year, this is an important consideration. Unfortunately, holiday time can create a spate of crimes. Some people are desperate to raise funds while others respond to the stress of the holidays in violent, anti-social ways. You, of course, want to keep your employees, clients, and customers safe from harm. You also want to prevent inadequate security claims.

Inadequate security claims arise when the victim of a crime alleges that a property or business owner knew of security risks but failed to take adequate measures to prevent an attack. For example, if a series of muggings occur in a business parking lot, a new victim can bring an action against the business owners if attacked, alleging that the business owners knew of the risk through the previous attacks but failed to protect the victim from a similar attack.

There do not have to be a series of previous attacks for a victim to allege inadequate security issues. If there are security risks which were known to a business and the business failed to do something about these risks, the business may face an inadequate security risk suit if someone is injured as a result of these unaddressed risks. If a business parking lot is the site of a sexual assault, for example, the victim may launch an inadequate security case, even if there are no previous similar crimes in the area, if it can be proven that the business owners failed to provide good lighting or other security features which could have reasonably prevented the attack.

Business owners are not responsible for personally preventing any possible crime on their business premises, but they are expected to take reasonable steps to prevent crimes from taking place. If you are a business owner, you can prevent personal injury to your employees, customers, and clients -- and prevent possible legal action -- in a number of ways. One solution is to keep up to date with news for your area. If you notice that a number of businesses have been targeted or the number of crimes in your area is increasing during the holidays, increase security. Hire a temporary security company or additional personnel to keep your business safe.

As a business owner, you can also do an inventory of risks in your business. Are parking areas provided for customers and employees well-lit and safe? What current safety measures are in place and how effective are they? Are there additional steps you could take to make your business safer for all visitors and employees? There are companies that can run a security audit on your business to help pinpoint security flaws or risks in your business. These services can be a good investment.

Good communication is often key in preventing assaults, crimes, personal injury, and inadequate security claims. Communicate with your employees and customers and encourage them to share their concerns with you. Really listen. If employees tell you that the parking lot is badly lit and unsafe, that should get your focus at once. If there have been crimes in the area, encourage your employees to take steps to be safe. Inform your employees of safe options for getting home.

Companies are facing inadequate security cases at a much higher rate in recent years. Real estate companies and companies managing multiple properties or multiple unit properties need to be especially vigilant in ensuring that their properties are safe. Inadequate security cases usually occur when a violent crime or accident occurs in or on property that is not correctly kept secure. In many cases, these cases arise because a property owner knew about a possible danger but failed to make the property more secure.

For example, if a sexual assault occurs on a property, the victim can pursue action against a property owner if the property owner has failed to take proper security measures for the property. If parking areas are inadequately secured or if a property is poorly lit and someone is assaulted on the property, the victim of a violent crime on the property may be able to seek an inadequate security action.

If a victim of a violent crime that has occurred due to inadequate security has sustained personal injuries, such as brain injuries or broken bones, the victim can seek legal help to recover medical costs for these injuries. In addition, the victim is entitled under the law to seek financial help for any lost income or property damage that has occurred as a result of the crime.

Inadequate security cases usually involve an average settlement of $600 000. This is because the victim of a violent crime usually sustains a significant loss during a crime caused by inadequate security. A victim may need counselling for some time after the attack in order to recover fully. The patient may also need short-term emergency medical help as well as long-term rehabilitation and treatment to recover well. Some victims are cut or injured in a way that requires cosmetic surgery or even multiple surgeries. Since victims must attend counselling and must seek medical case, they may experience lost income. In addition, some patients are so traumatized by the crime that they have a hard time returning to work. The law ensures that victims are compensated for these costs so that they can recover as fully as possible after their attack.

Inadequate security cases are a form of premises liability where owners are responsible for foreseeing the actions of criminal third parties. This means that in adequate security cases, the issues often revolve around the idea of whether or not an owner could reasonably foresee whether someone could commit a criminal act. If a property owner knew of a previous attack on the premises, for example, and failed to make the property more secure, he or she may be held liable for a new attack. If a property owner knew of some security breaches or problems that could be exploited by a criminal but failed to act on these problems, he or she could be held liable for crimes that occur as a result of the security problems.

Even if a criminal is not apprehended, a victim can still seek an inadequate security judgement if a property owner has failed to make their property reasonably safe. Owners are expected to take measures such as repairing broken locks, screening employees that work on and around a property, and taking other measures to prevent crimes. If crime trends in an area change, the owners may be expected to take additional measures or may be expected to tell residents about these changes. If a property is in a high-crime area, property owners may need to hire security guards or screen visitors and guests in order to create a safe environment.