Nedra Jack January 24, 2019

Florida is every tourist’s haven. Home to Disney World, it sure is flocked by many people, both locals and internationals, to enjoy the wonders it offers. Furthermore, Miami’s warm sandy beaches, exclusive luxurious hotels, and exquisite nightclubs are just few among the many interesting activities that attract many people to this beautiful state.

During your stay here, there may be a crime or violent act that may result to you being injured. This may be due to inadequate security, or no security at all in a certain premise. Perhaps you might end up injured or even lose a loved one. In the wake of this, you have the right to file a negligent security lawsuit against the property owner.

Every negligent security case is just an extension of a normal negligence where you have to prove the elements of negligence and convince the jury that your injuries indeed arose directly from the defendant’s negligence. When you make up your mind to proceed with filing a lawsuit against the property owner, you should seek the service of a reliable negligent building security attorney in Miami. This is due to the complexity of negligent security cases.

Where can negligent security cases arise?

There are many scenarios in which negligent cases can arise. These include

  • Parking lots
  • Elevators
  • Stairwells
  • Bank ATMs
  • Hotel rooms, dorms, motels, apartments

Most of the insecurity may be due to inadequate lighting, inadequate surveillance, faulty security cameras, lack of security guards, and lack of functional security doors.

In Florida, premises liability law obligates all property owners (public and private property) to guarantee the security of guests and residents on their property. This can be achieved installation of enough security cameras, installation of silent alarms, providing sufficient lighting inside and outside their buildings especially parking lots, and hiring of enough security guards to beef up security.

If you are a victim of violent crime when you are a guest or visitor at such a property, the law allows you to obtain monetary damages for your pain and suffering, medical expenses, and lost wages.

As plaintiff, when suing for negligent security in the state of Florida, you are required to prove the following;

  • You were lawfully present in the landowner’s( defendant’s) property
  • The landowner failed in his duty of care to discover of the vice earlier and failed to pass warnings adequately to help visitors avoid injury.
  • The defendant (land owner) failed in his duty to provide adequate security.
  • You (plaintiff) were hurt because of the negligence of the defendant.
  • You incurred actual damages which accrued directly from the breach of duty by the land owner.

What damages and compensation are you entitled to?

Depending with how you show how you or your loved one was affected by the crime, you may be eligible to some (or all) of three types of damages

  • Non-economic damages-These seek to compensate victims for forms of harm which cannot be quantifiable like psychological suffering, emotional distress, and the loss of enjoyment of life.
  • Economic damages– These seek to compensate the afflicted for objective and quantifiable losses such as medical expenses, lost wages due to personal injury, and lost earnings due to loss of potential future earnings.
  • Punitive damages-These are merely made to punish the defendants who are considered to have acted grossly.

Being the victim of an assault is indeed a terrifying experience. Predators often exploit the lack of security to prey upon unsuspecting victims. The criminal justice system is only out to capture and punish the criminals, but what about the negligent property owners? With the help of a competent negligent building security attorney, you can bring crude and negligent property owners to pay for their negligence.