Being the victim of a crime can take an emotional toll on the victim, and this often occurs on top of their injuries. Crime is an unfortunate reality but there are times when it’s also preventable.
If you’re the victim of a crime that should’ve been prevented on public or private property due to negligent security you may be able to receive compensation for your damages. However, this also means understanding the different elements of a negligent security injury claim.
So, what are these elements and how do you prove negligent security? We’ll take a look at this and more in the following article ahead.
What is a Negligent Security Claim?
You can feel some satisfaction when the perpetrator is arrested and charged. For some crime victims, this means they can stop looking over their shoulders. Others are happy knowing the individual can’t injure another innocent person.
While knowing the perpetrator is safely behind bars is a great start in the legal process, it does little to address the issue of your damages. Even if the court orders the defendant to pay restitution, there’s a good chance they don’t have the resources to settle your claim. You’re still left with medical bills and other expenses relating to the incident.
This is when you may be able to file a negligent security claim. In a nutshell, this type of injury claim states the owner or individual in charge of the property is negligent in providing adequate security to help ensure visitors’ safety.
In most cases, their commercial property insurance will cover your damages if your claim is successful. However, before you can file a negligent security claim you must prove a few key elements.
Elements of a Negligent Security Claim
Proving a negligent security in Florida means you must show you’re legally on the premises. If you’re trespassing and a victim of a crime, you can’t file a negligent security claim. Instead, you may find yourself dealing with a trespassing charge.
If you’re lawfully on the property, you may be able to move forward with a claim but you must prove a few additional elements.
Reasonable Foreseeability
This element is crucial in any negligent security claim. You must show that the property owner or manager should have foreseen the potential danger, in this case, criminal activity, and didn’t provide adequate security.
What is reasonable foreseeability? No, it doesn’t mean a property owner needs to be able to see into the future. Instead, it refers to whether the property owner should’ve anticipated the criminal actions.
Before going further into what Florida courts consider reasonable foreseeability, it’s important to point out property owners aren’t legally responsible for stopping a crime as it’s occurring. However, they are required to provide a safe environment for visitors and this can include providing adequate security.
So, Florida’s courts typically look at the number and type of crimes in the area around the property. The courts also look to see if similar crimes are occurring on the premises.
How do you prove reasonable foreseeability? This can include producing media reports detailing crime in the area. Insurance claims relating to crimes on the property, along with police incident reports can also help support your claim that the property owner should have reasonably foreseen your incident could occur.
Inadequate Security Measures
Most criminals look for areas that present little to no risk to them. This includes properties with inadequate lighting, heavy overgrowth, and little to no security personnel. Criminals often check for the presence of security cameras. After all, when you’re committing a crime, you don’t want it recorded.
Property owners and managers who ignore these risks may be liable for your damages. Inadequate security can also apply if the commercial building has broken windows or unlocked doors in areas marked for Employees Only.
Remember, you must show the property is lacking in security to move forward in the claims process. A good tip is to document the scene immediately after your incident occurs, and this can include taking pictures of a poorly lit area or broken windows.
If you’re working with an attorney, they should be able to learn if the property owner or manager has security personnel on the premises during the discovery process, and this also applies to the property’s security cameras. For example, how many cameras are present and if they’re in good working order.
Damages
Your damages can include any injuries resulting from the attack, along with property loss or destruction. If your incident causes mental anguish, you can also seek compensation for your pain and suffering. Some criminal attacks result in severe injuries that can prevent you from returning to work, which is another damage you may be able to include in your claim.
To prove damages here, you’ll need to supply plenty of documentation, which often includes medical records, receipts, and pay stubs. The type of documentation you need to supply depends on the damages you claim.
Negligent Security in Convenience Stores
When it comes to providing adequate security in convenience stores, Florida law is pretty specific. The statute requires all convenience store owners and operators to have specific security measures in place.
These requirements serve two purposes: they help ensure customers’ safety and limit the store’s owner or operator’s liability if a criminal incident occurs. So, what are these security measures?
- A functioning security camera system
- Drop safe or other device to limit access to cash and receipts
- Illuminated parking lots – at least two lights per every square foot
- Clear signs by the doors or front windows declaring the cash register contains less than $50
- Window signs don’t block outside views and aren’t placed in a way that blocks the cash register from sight
All convenience stores must also have a policy that limits available register cash after 11 pm.
Talk to an Attorney About Your Negligent Security Case
If you’re the victim of a crime on public property, you may be able to file a negligent security claim. Before you can file a claim, you must prove the elements of negligent security, and this is when an attorney can help with your case.
Talk to an attorney today to ensure you receive the compensation you deserve for your damages, as they can guide you through the legal process and gather the necessary evidence to support your claim.
