Mausner Graham Negligent Security Law Firm in Miami, Florida

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When it comes to negligent security, law firms such as Mausner Graham Injury Law PLLC deal with cases where guests have been injured at apartment buildings, hotels, restaurants, bars, and other commercial establishments due to inadequate security or lack of security. If you’ve been a victim, here is what you need to know about negligent security cases.

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What Is a Negligent Security Case?

If guests at commercial properties are injured due to criminal acts such as assault, battery, robbery, homicide, and other kinds of crimes, there might be a negligent security case at hand.

Lawyers who handle negligent security cases can advise you on the merits of your case and can provide you with the relevant information you will need to bring a lawsuit against a negligent property owner.

The aim of a negligent security lawsuit is to provide victims with a fair outcome in compensating them for the losses they have suffered due to the negligence.

What Is a Negligent Security Case_

Did You Know That Property Owners Have a Responsibility to Protect Guests?

Property owners have a duty to protect guests from dangers that are reasonably foreseeable as well as when they are on notice of the risk of injury. This means that if guests get injured due to an owner’s action or inaction they might be entitled to institute a negligent security lawsuit.

Examples of Occurrences That Can Lead to a Negligent Security Case

A few common examples of occurrences that can lead to a negligent security case include the following:

  • A customer being followed to their car and assaulted in a shopping center’s parking,

  • A person being robbed of their money after making a withdrawal at an ATM,

  • A patron being injured or assaulted by a bouncer or security guard at a restaurant or nightclub, and

  • A customer falling victim to an employee of a company who did not go through a proper criminal background check.

  • A customer or employee attacked at a gas station by an assailant.

If you have fallen victim to injury or damage at a commercial property, you need to get in touch with one of the professional and reliable negligent security lawyers at Mausner Graham Injury Law PLLC immediately. We will guide you through the process of bringing a negligent security lawsuit against property owners who do not take their responsibility to safeguard their guests seriously.

Who Can Be Represented by a Negligent Security Lawyer?

MAUSNER GRAHAM INJURY LAW PLLC can represent individuals who have been harmed due to any of the following:

  • Inadequate security measures or lack of security,

  • Broken security and surveillance systems,

  • Inadequate lighting,

  • Failure to perform thorough criminal background checks on employees,

  • Aggressive and hostile security guards and bouncers,

  • Inadequate security patrols,

  • Broken doors and locks, and

  • Blocked emergency exits.

Security Camera

Types of Negligent Security Cases in Miami

The failure to implement adequate security measures has been linked to a variety of crimes, ranging from petty theft to wrongful death. Some of the cases that have arisen in Miami have included:

  • Robbery: Most often, lax security measures can lead to acts of robbery and burglary. The loss of property in these instances can range from minor to severe. Robberies occur most often in private homes, followed by banks, convenience stores, gas stations, highways and other commercial properties.

  • Assault and battery: Lack of security measures can make staff and visitors on a particular property vulnerable to assault and other attacks. These cases make up a significant portion of negligent security cases.

  • Sexual assault and rape: Negligent security measures lead to many cases of sexual assault. These crimes often go unreported and always result in psychological and emotional, as well as physical injuries that can impact all areas of the victim’s life.

  • Wrongful death: There are cases in which security negligence can actually lead to violent crimes that result in death.

Potential Consequences of Negligent Security

Negligent security can lead to a wide range of negative consequences, as demonstrated by the case types listed above. The injuries that can results from such cases may include:

  • minor to severe injuries

  • disability

  • disfigurement

  • psychological trauma

  • inability to work

  • medical expenses

  • rehabilitation costs

  • death

Security Monitoring

As Florida is a pure comparative negligence state, you will have to prove that you were not at fault to get all the damages you are owed. Mausner Graham Injury Law PLLC can help you determine the cause of the accident, prove negligence, and get just compensation.

Florida Premises Liability Laws

In Florida, negligent security cases fall under premises liability. This area of Florida law involves claims made against property owners for losses, damages and death that occur on their premises. Property owners owe a duty of care to people who are legally on their property. This duty of care includes a responsibility to provide basic security and adopt safety measures to prevent foreseeable dangers to visitors. Failing to provide adequate security amounts to a breach of this duty of care. 

Plaintiffs who file lawsuits against landowners in these cases are classified on one of three ways:

  • Invitees: Persons who are invited onto a property, either explicitly or implicitly.

  • Licensees: Persons who are allowed to enter the property.

  • Trespassers: Those who are on the property without invitation or permission. Cases involving trespassers are typically more complicated, as it needs to be established how much of a duty of care is actually owed to the individual, if any. 

Negligent Security and Private Property

Negligent security is applicable to private property, although, as has been explained above, property owners have different duties of care to different categories of people (invitee, licensee, trespasser). Depending on how you are classified, negligent security law will apply to you when you are on private property, to differing degrees. 

Negligent Security and Public Property

Negligent security law is applicable on public property as well. Parks, government buildings, parking lots and more are all public properties on which local authorities owe a duty of care to the people who use those properties. However, different rules will apply for premises liability claims involving government or city-owned property. You are usually required to give the government notice by a specific deadline and you may have a shorter statute of limitations

Proving Security Negligence Claims in Miami, Florida

Proving security negligence claims centers around the concept of foreseeable harm. The defendant’s negligence rests in the extent to which they were able to foresee possible harm on their properties and take steps to prevent it from happening.

In other words, to prove that a defendant is guilty of security negligence, it must be shown that they could have and should have foreseen the harm that took place, and taken steps to prevent it. If this is proven, it then follows that the defendant failed to take action to prevent foreseeable harm, and is thus guilty of negligence.

Proving Security Negligence Claims in Miami, Florida

Negligent Security law FAQ’s

In order to pursue a case of security negligence in the state of Florida, you must be able to prove the following:

  • You were lawfully on the premises when the incident occurred.
  • The security measures on the property were inadequate.
  • The property owner reasonably foresaw the harm you suffered.
  • You suffered harm as a result.

Foreseeability is the central concept, together with the ability to prove that the measures taken to prevent foreseeable harm were inadequate.

There are four core elements in any personal injury case in Florida, including security negligence cases. They are:

  1. The other party owed you a duty of care.
  2. The responsible breached this duty.
  3. This breach was proximate to the cause of your injuries.
  4. You suffered damages and losses as a result of your injuries.

Florida has one of the longer statutes of limitations for negligent security lawsuits. The Florida Statutes 95.11 allows plaintiffs four years to file a security negligence lawsuit. The statute of limitations begins as of the date of the injury.

Typically, you can sue for the following damages in a negligent security lawsuit:

  • Medical costs, including hospital bills, physician’s fees, surgical and non-surgical treatment, medication, etc.
  • Lost wages, including current and possible future losses in earnings.
  • Personal property damage: repair or replacement costs on any personal items damaged or lost during the incident.
  • Pain and suffering: You may be able to claim compensation for emotional distress, anxiety and similar mental injuries.

The steps a property owner should take to ensure adequate security on their premises will differ from one situation to another. As a general rule, property owners should assess their properties carefully for possible risks and then do everything in their power to mitigate or prevent them. Actions you can take might include:

  • Installing adequate lighting
  • Investing in quality security cameras and alarms
  • Contracting a security firm for patrols, 24-hour guarding and armed response.
  • Building adequate physical barriers
  • Consult with and maintain good relationships with local law enforcement.
  • Take steps to warn visitors about any possible security issues.

Negligent security is a factor on both private and public property. As a private property owner, you have a duty of care to any person you invite or allow onto your property. In the event of any harm befalling these visitors, you could potentially face a negligent security lawsuit.

When Should I Consult a Negligent Security Lawyer?

It’s important to retain counsel immediately if you are injured in a negligent security case as described above or if you feel that your case merits investigation by a personal injury lawyer. Preservation of evidence is very important at the outset of negligent security cases. Eric J. Mausner, Esq. and Thomas D. Graham are former prosecutors and have over a decade of experience working with police officers, witnesses, victims, and security personnel. 

Our consultations are free of charge, and we ask no legal fees unless we recover for you. Call us anytime – 305-344-HURT (4878). We are always ready to assist you with your negligent security cases.

We Aggressively Represent The Rights Of The Wrongfully Injured

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