When you have been the victim of a crime, such as a burglary or assault, it is likely clear to you that you may press criminal charges against the perpetrator. Additionally, you may know that you also can file a civil lawsuit against the perpetrator as well to recover damages for the harm they inflicted on you. An experienced premises liability attorney can help you understand the specifics of a circumstance so you can explore the full range of the legal options available to you.
However, in some situations, it may also be appropriate to file a negligent security lawsuit against the owner of the property where the crime occurred. A Sarasota negligent security lawyer like our attorneys at Dannheisser Injury Law can help you work through this trying and difficult time.
State law provides that all property owners must keep their premises reasonably safe for the people they invite on their land or into their building. Generally, the most common application of this principle is that the property owner must make sure that the area is well maintained so that people on the property do not slip, trip, or fall on hazardous surfaces or become exposed to harmful or toxic substances.
However, this duty extends to providing adequate security so that people on the property are kept reasonably safe from potential criminal activity in the area. This duty applies to any number of properties and structures, including:
The level of security required depends on the specific area and context that the property is in, but examples of items that may be needed to ensure adequate security can include:
Our Sarasota attorneys at Dannheisser Injury Law have experience handling negligent security claims and can help an injured person investigate and analyze the security at the property where the injury occurred to determine if a viable claim is present.
Even when a property owner had inadequate security on the premises, it does not necessarily follow that they will be responsible for all the injured person’s damages.
The state has enacted a system of comparative negligence through Florida Statutes § 768.81. This law provides that in any claim based on negligence, which would include a claim for negligent security, the jury must examine the injured person’s actions leading up to the incident and determine whether they bear any fault for what occurred. For example, the jury may find that, even though the property owner created a dangerous condition, the injured person had the ability to avoid or minimize the harm but failed to do so.
When the injured person is determined to be partially at fault, then their damages will be reduced proportionately to the percentage of fault assigned to them. If the fault assigned to the injured person is more than 50%, then they will not be able to recover anything. A skilled Sarasota negligent security attorney at Dannheisser Injury Law can help an injured person analyze and understand how these rules impact their situation and can fight to prevent the injured person’s assigned fault from exceeding the 50% maximum.
Everyone deserves to feel safe and secure. When you are injured because someone failed to meet their responsibility to provide adequate security, you do not deserve to bear the ensuing damages on your own. A Sarasota negligent security lawyer can help you navigate the legal process and provide you with the advice and experience you need to protect your rights.
Schedule an initial consultation with our diligent attorneys Dannheisser Injury Law to learn more.
