Law Offices of Nooney Roberts Hewett & Nowicki :

NEGLIGENT SECURITY 101

Every day, there is a report of someone being assaulted, stabbed, or shot at a neighboring apartment complex, gas station, or company building. When this occurs, victims rely on the criminal justice system to guarantee that the culprit is held accountable for their actions. 

However, victims may not be aware of other actions they might take in response to negligent security. The victim may be able to submit a claim and collect compensation from the management entities (or the business that provided security for the property or the property owner).

However, negligent security claims are intricate, therefore it's crucial to choose a lawyer with experience in these matters. 

Premise Liability and Negligent Security

It is possible to file a negligent security or premises liability lawsuit against property owners, security providers, and management businesses if a foreseeable crime happened or if they failed to prevent the formation of hazardous circumstances and conditions. It might be the property manager, landlord, or owner who is responsible for "managing" the property at issue.

Dangerous conditions may result from a lack of maintenance or failure to warn visitors about potentially hazardous conditions. In these instances, the management is responsible for injuries caused by their negligence. 

A Company's Obligation to Provide Reasonable Security 

Typically, the owners or managers of a property are deemed responsible for the safety of their guests and anybody else on their property. If the owner or manager fails to offer a properly secure and safe environment, they may incur liability. When showing the manager's or owner's liability for a property, there are two primary factors that may be helpful. 

The first factor is whether there is a history of criminal activity around or on the property.  A history of criminal conduct indicates, after all, that the proprietor, manager, or owner should have been aware of the potential danger. Due to this, they are obligated to provide protection for individuals present. 

The second is if the company has a reputation for drawing criminal activity. This covers businesses such as casinos and banks. It is fair to presume that additional security measures should be implemented in such circumstances. Additionally, if these are absent, it may indicate that the owner was negligent. 

You expect the owner of a public area, such as a movie theater, club, park, or even a gas station, to ensure the location's safety. This expectation falls under premise liability.  If it can be proven that the owner's inability to provide reasonable security resulted in the injury, the owner may be found liable for any injuries sustained within the owner's property under the terms of this law.  

When examining cases of negligent security, you will typically discover that the perpetrators of the crimes are not the owner or management. In a negligent security suit, it is argued that the injury or damage you sustained could and could have been avoided if the property owner had exercised due diligence by implementing reasonable security measures. Murder, sexual assault, sexual abuse, rape, assault, and battery are examples of crimes that may result in negligent security claims. 

Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive negligent security attorneys! ¡Hablamos español!

Frequent Examples of Negligent Security 

Keep in mind that the situations' facts and conditions will vary depending on the examples given below. Common security instances that might lead to negligent security lawsuits include the following: 

  • Poorly secured entrances, unmonitored access to the premises, unmonitored parking lots, and dark locations.
  • Guards who do not make adequate rounds, who are inattentive or unresponsive, or who are not present at the entry or front door as expected. Also includes inappropriate personnel screening or the failure to do proper employment screening. 
  • Malfunctioning auto-locking windows and doors, door locks, and security cameras. 
  • Poor or insufficient illumination. This includes defective or faulty bulbs or illumination, or if someone does not leave the lights on long enough to prevent problems. 
  • Missing or broken locks on fences and gates, failure to utilize existing games, lack of monitoring, and improper use of the controls. 
  • Overgrown landscaping and plants may create hiding areas or obscure and even destroy surveillance equipment. 
  • Inoperative or defective emergency alert systems such as alarms and metal detectors that are damaged or non-functional. 
  • Failure to search for weapons and to have the appropriate security staff at the appropriate positions, such as a bounder at a bar's entry and a security guard at a hotel's front desk. 

Notably, the aforementioned arguments will not suffice to win your case. In lieu of this, you must provide evidence that one of these factors caused harm or injury. The aforementioned information should provide you with a general understanding of some of the most prevalent causes of negligent security claims. 

If the facts of your case lead you to feel the property owner, operator, or management behaved carelessly, their actions will be taken into account and contrasted to what a "reasonable person" would do. 

Frequent Victims of Negligent Security 

Families of Murder Victims

In the event of a murder, the relatives of the victim may be able to bring a claim for negligent security. Officially, these claims are known as "wrongful death lawsuits." This kind of lawsuit resembles a standard personal injury claim. The primary distinction is that the family of the deceased person must file it on their behalf, as they cannot do it themselves. 

Similar to other personal harm scenarios, property owners may be negligent in murder proceedings. Poor maintenance of the on-site security equipment, substandard security measures, the absence of security personnel or police presence, and other sorts of avoidable problems might combine to make a facility hazardous. If property owners fail to take reasonable precautions to avoid a murder on their land, they can and often will be held accountable. If a member of your family was killed on business property, you should contact a lawyer to schedule a consultation. 

Sexual Assault, Sexual Abuse, and Sexual Assault Victims 

Like assault-related and gun-related crimes, all businesses need a duty of care to their customers to take reasonable measures against sexual crimes that may occur. Similar measures must be taken as with other types of crimes. This involves having well-maintained and plainly visible security cameras, good illumination in alleyways, corridors, and entranceways, and a visible security force (such as security guards). 

A business may be held accountable for sexual offenses if it fails to maintain a sufficient level of security to prevent them. If you or a member of your family are the victim of a crime on business property, you may be entitled to pursue legal compensation and finally earn negligent security settlements. To determine definitively if your matter is worth pursuing, it is essential to see an attorney.

Call us today at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive negligent security attorneys!

Victims of Battery and Assault 

Assault is often defined as any conduct that creates a reasonable fear of impending, dangerous contact. This indicates that an attack happens when a person purposefully causes another person to fear violence. When intentional hurt is inflicted, there is battery. 

Businesses are responsible for preventing violence and battery against their customers. Numerous establishments, such as nightclubs and bars, where the likelihood of these occurrences is significant, must employ enough security on-site to prevent mishaps. If so, they are immediately disbanded. 

In light of this, it is the responsibility of every business to take appropriate precautions against assault and battery. Almost everywhere may be the scene of a physical altercation, and it is the responsibility of each business to ensure that these occurrences are few and do minimum damage when they do occur. 

Shooting Victims

There are two types of shooting incidents: individual incidents and mass shootings. In both instances, the business has a responsibility to provide a safe environment for its patrons. This may involve employing security guards, surveillance cameras, hallway and entry illumination, and other precautionary measures. 

In reality, violent acts occur on a regular basis. Additionally, there are limitations to what certain businesses can do to safeguard the safety of their customers. In many instances, what constitutes reasonable measures depends on the nature of a particular entity. While this is true, businesses are required to offer patrons a reasonable level of safety. All gunshot victims should consult with an attorney to establish if they have a negligent security case.

Call Our Florida Negligent Security Attorneys Today!  The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience fighting for victims of negligent security. Our expert legal team can help you along this complicated and intricate process. Please do not go through this process alone. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive negligent security attorneys! ¡Hablamos español!

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