Delray Beach Negligent Security Lawyer
Negligent security is a type of case which is not often prosecuted, but perhaps should be – after all, property owners of all types have legal duties to keep their premises safe for those who enter, and if those duties are abrogated, it can cause significant harm to the customer. If you have been harmed, you may be entitled to compensation from the property’s owner or maintainer if better security might have averted your injuries. The Delray Beach negligent security lawyers have extensive experience with negligent security injury cases. We can help you with yours.
A Subset Of Premises Liability
When someone is injured on another person’s premises, they would normally bring an action under a theory of premises liability. Premises liability is a theory that dates back to English common law, and it holds that if someone is injured on another person’s land, they may be able to sue for damages, depending on their classification (an invitee is able to claim a greater duty of care from a landowner than a trespasser). They must be able to show that the four pillars of a negligence case have been satisfied: namely, that (1) the business owner or landowner had a duty of care toward them; (2) that it was breached; (3) by the owner’s action (or lack thereof); and (4) that breach caused the plaintiff tangible harm.
Negligent security is a cause of action that is also brought under a theory of negligence law, but with slightly different requirements. In a premises liability case, an injury occurs because the land was not made safe. In a negligent security case, an injury occurs because insufficient measures were taken to make it safe. Business owners have a duty to protect their customers from reasonably foreseeable injuries or attacks – the key word being ‘foreseeable.’
Defining “Adequate” Security
There is no real definition under the law as to what constitutes “adequate” or “inadequate” security. A property owner is expected to use reasonable care as to what may be foreseeable, though the court does generally understand that this is an inexact science at best. For example, establishments that serve alcohol generally use security cameras and keep their parking lots illuminated – some going so far as to hire dedicated security, as in many nightclubs – because crime statistics illustrate that alcohol is a factor in many violent assaults due to its lowering of inhibitions. Another type of location – say, an office building – might not need so much security simply because the presence of alcohol is near-nil.
It is important to keep in mind that a negligent security case is not brought against the person who attacked you (the plaintiff), but rather against the person who owned the premises where it occurred. Generally, a person has no duty to try and stop negative conduct of a third party, but one of the exceptions to that rule is if the person has control of the premises where it happened, at least according to Florida jurisprudence. Thus, if you are the victim of a crime or otherwise mistreated, the perpetrator may be brought to justice and tried, or you may bring another type of civil case against them – but a negligent security case can go forward against the premises’ owner regardless.
Call An Experienced Negligent Security Lawyer Who Cares
Being victimized by a criminal is a frightening experience, and when that happens, it is easy to withdraw and to feel powerless. But if you believe your attack could have been averted with better security, it may save lives for you to try to hold the owner of the premises accountable. The Delray Beach negligent security lawyers at the Leifer Law Firm will listen to your story and offer honest advice to help you get through the legal process. Call us today to schedule a free consultation.