Luhrsen Goldberg’s premises liability lawyers do not believe anyone should be put in a situation where they suffer serious bodily injury or death due to another party’s negligence or irresponsible conduct. Unfortunately, accidents on public and private property happen far more often than most people realize. Injury victims who learn their accidents were caused by the carelessness or even recklessness of property owners in the form of negligent security may have an opportunity to demand these parties be brought to justice.
Florida’s leading negligent security attorneys at Luhrsen Goldberg have spent years advocating for injury victims’ rights. Contact our premises liability legal team for a free consultation today and learn more about what constitutes a negligent security claim, who should be sued, and the value of the injury victim’s damages.
When to File a Negligent Security Lawsuit in Florida
Negligent security claims arise out of the failure of a business or property owner to provide adequate security, thereby causing property damage, injuries, or death to a visitor on his or her premises.
Property owners, depending on the type of property or business, have duties of varying degrees to keep their visitors reasonably safe.
Basic security measures can prevent foreseeable dangers like an attack, an assault, or an armed robbery. Property owners have a legal obligation to ensure their premises are safe for patrons and guests. Failure to uphold this duty of care could mean injury victims have grounds for legal action with help from a dedicated negligent security attorney.
Negligent Security Can Happen Anywhere
Our negligent security lawyers typically see negligent security claims arising out of cases of assault (including sexual assault), battery, robbery, shootings, fights, and even murder, on properties, such as:
- Gas stations
- Grocery stores and supermarkets
- Schools and universities
- Parks and playgrounds
- Apartment buildings
- Parking garages and parking lots
- Shopping centers
These are only a few examples of locations where premises liability and negligence security accidents can occur. Injury victims who have been involved in accidents on other types of public and private property may still have grounds for legal action. Reach out to a reputable negligent security lawyer to discuss potential legal options in greater detail.
Negligent Security Can Take Multiple Forms
Our Florida negligent security attorneys regularly deal with negligent security cases. After taking on a client’s case, our legal team will research to determine if appropriate safety measures were, in fact, in place. Some general examples of negligence and security negligence might be:
- Untrained and unqualified security guards
- No security cameras or malfunctioning camera equipment
- Broken locking mechanisms or doors that cannot be locked
- Inadequate or missing lighting
- Lack of security guards
- Broken fences or gates
- Negligent hiring
- Malfunctioning alarms or lack of alarm systems
Of course, a viable negligent security involves claim involves not just the presence of such a condition. A proven personal injury attorney can help to prove that the lack of security measures actually caused the damage. Our team will also work tirelessly to prove that the property owner should have reasonably been able to foresee the incident creating the damage. Property owners that are aware of potential safety hazards and fail to take action could be held accountable when their negligence contributes to guest’s injuries and damages.
Who is Responsible for Injuries and Damages Caused by Negligent Security?
Working with a highly qualified Florida negligent security attorney may be the best way to determine who is responsible for causing an injury victim’s accident. In the vast majority of negligent security and premises liability accidents, property owners are found liable for failing to uphold their duty of care. However, that does not mean that property owners are the only party who can be sued for negligent security.
For example, if property owners employed security personnel who got too aggressive and caused severe bodily injury or death to a patron or guest, the property owner may not be responsible for the victim’s injuries or damages. Instead, these security personnel, the security company, or another third party could share the blame.
If the property owner took any type of safety measures that ultimately failed, equipment manufacturers and designers, installers, and other parties may be partially at fault. The specific circumstances of an injury victim’s case will reveal the identities of anyone and everyone who may be partially liable for causing their injuries.
How Victims of Negligent Security Can Demand Justice
Victims of negligent security have multiple opportunities to recover the compensation they are entitled to. However, without the help of a powerful personal injury attorney, making the at-fault party pay could prove more challenging than expected. It is important for negligent security victims to consider all potential opportunities for financial relief.
Those who are unwilling to go the necessary lengths to maximize their payouts may find themselves settling for less than they deserve or missing out on opportunities to get the most out of their claims. Here are some of the most common ways negligent security victims can recover the compensation they are due:
Filing a Homeowners Insurance or General Liability Insurance Claim
One of the most common ways to recover negligent security settlements is by filing an insurance claim. Most property owners and other liable parties in negligent security cases have insurance coverage in place. This coverage is designed to protect and reduce the liable party’s personal culpability and cover specific types and amounts of damages. In most cases, insurance companies only pay for specific types of covered losses. Moreover, the insurance company is only required to pay out up to the maximum limit of insurance coverage purchased by the policyholder.
For example, if a property owner carries general liability insurance coverage with $50,000 in bodily injury liability coverage, the insurance company is generally only going to pay up to $50,000.. However, if the injury victim’s damages exceed the $50,000 threshold, there will be excess damages the insurance company is not required to pay for. Unfortunately, this means filing a claim with the insurance company may not result in total financial recovery. Furthermore, the insurance company is unlikely to settle an injury victim’s claim without pushing back.
Insurance companies lose money every time they pay out on a claim, so they look for opportunities to deny or minimize claimants’ claims. One of the best ways for accident survivors to protect themselves and their right to maximum compensation is by having our Florida negligent security lawyers step in and negotiate with the insurance company on our client’s behalf.
Pursuing a Premises Liability Lawsuit Through the Florida Civil Court System
In cases where a negotiated resolution with the defendant’s insurance company can not be reached, a lawsuit may be required. The lawsuit is filed against defendants responsible for the incident.
Florida Premises Liability and Factors Impacting Your Case
There is a Strict Statute of Limitations
When pursuing a negligent security settlement, it is important to be aware of the statute of limitations. Florida law gives accident victims and injury survivors up to two years to file lawsuits in the civil court system. In 2023, the amount of time victims had to file claims was reduced to two years. (Prior to 2023, premises liability and negligent security victims had up to four years from the accident date to file suit so for incidents occurring prior to the change in the law in March 2023, the statute of limitations is still four years).
Florida Recently Became a Modified Comparative Negligence State
Sharing liability in an accident is more common than most injury victims think. Florida has partial blame laws in place for this reason. Prior to 2023, Florida followed pure comparative negligence laws. After the law changed, Florida adopted the modified comparative negligence standard.
Both laws do not prohibit injury victims from being awarded compensation despite shared liability. However, with modified comparative negligence, there is a limit to how much blame an accident survivor can be responsible for and still recover. Specifically, victims found 50% or more responsible for causing the accident loses the opportunity to recover compensation altogether. Injury victims may require the legal support of a respected Florida negligence security lawyer at Luhrsen Goldberg to ensure insurance companies and liable parties do not attempt to capitalize on these laws and place unfounded blame on the survivor.
Negligent Security Victims Fight for Fair Compensation
When a premises liability victim decides to take legal action against the liable party, there are many types of damages that are potentially recoverable. These are commonly referred to as compensatory damages and punitive damages. Compensatory damages consist of economic and non-economic damages, which encompass financial and non-financial losses alike. Some examples of compensatory damages could include:
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
- Skin scarring
- Medical expenses
- Permanent disability
- Diminished earning potential
- Reduced quality of life
- Future healthcare costs
- Childcare expenses
- Insurance premium increases
- Personal property damages
- Indignity and shame
- Loss of consortium
- Costs of household maintenance
- Credit score damage
In some limited circumstances, an award of punitive damages may be warranted. Generally, it must be shown that the defendant was intentionally malicious or grossly negligent before punitive damages would apply. The rationale behind a punitive damages award is that it not only punishes the defendant for its bad behavior, but can also serve to deter similar decisions and conduct by others.
Connect With Florida’s Leading Negligent Security Lawyers for Help Today
The fallout of injuries caused by negligent security is undeniable. Injury victims have been known to endure debilitating injuries, extreme emotional distress, and extensive financial losses. By pursuing powerful negligent security lawsuits, accident survivors have a chance to recover their damages in full.
Contact our top-rated premises liability law firm for legal guidance and support as victims navigate the complex claims processes. Reach us by phone or through our quick contact form to schedule a no-cost, risk-free consultation as soon as today.