Negligent Security

What does the law say about my negligent security case?

A business owner who hosts an event or owns/operates an establishment such as a nightclub, bar, hotel, retail store, school (to name a few) is responsible for the safety and security of its guests. A business must ensure reasonable precautions to safeguard the safety of its customers. Liability may arise when someone is assaulted at one of these locations by another guest and/or patron – especially if injuries arise.

The standard of proof for a victim includes demonstrating that the business owner failed to provide sufficient security and knew or should have known that the incident was likely to happThe standard of proof for a victim includes demonstrating that the business owner failed to provide sufficient security and knew or should have known that the incident was likely to happen. An assault victim should immediately contact 911 after an incident and seek immediate medical attention if necessary. 

They should also obtain a police report and incident report. Collecting witness statements and photos/videos can also help win the case.en. An assault victim should immediately contact 911 after an incident and seek immediate medical attention if necessary. They should also obtain a police report and incident report. Collecting witness statements and photos/videos can also help win the case.

The experts at 305 Injury are prepared to investigate whether the appropriate security measures were in effect at the time of the subject incident and guide you through your negligent security claim.

Key Steps to Prove Negligent Security
  • Duty of Care: The first step of succeeding in a negligent security case is to establish that the owner of the property and/or business had a duty of care. Property owners and businesses have a responsibility to provide a safe environment to its guests. That means that they must take into account foreseeable risks which typically involves the implementation of security measures depending on the level of risk.
  • Breach of Duty: Negligence is established when it is shown that the property owner or business breached their duty of care. Breaches could encompass factors such as inadequate lighting, malfunctioning locks, absence of security personnel, or other circumstances contributing to an unsafe environment. It is fundamental to seek a lawyer who has experience in this area of law. Experienced lawyers know how to secure and consolidate evidence including surveillance footage, maintenance records, and expert testimonies which helps prove a breach of duty.
  • Causation: Establishing a breach of a duty of care is only half the battle. Next, you must be established a nexus between the inadequate security measures with the harm suffered by the victim. The connection between the two is fundamental. Would the injuries have occurred but for the lack of security
  • Damages: Ultimately, a claimant seeking monetary compensation must demonstrate that they suffered actual damages as a result from negligent security. Damages comes in many types including: past and future medical expenses, lost wages/income, loss of earning capacity, emotional distress, pain and suffering, punitive damages and more. A seasoned attorney can guide you through the process of calculating and presenting these damages.

Carlos Dominguez is a seasoned prosecutor who dealt with various types of criminal cases and personally advocated for the victims of crimes. The experts of 305 Injury are prepared to investigate whether the appropriate security measures were in effect at the time of the subject incident and guide you through your negligent security claim.
Contact us for a free consultation!

 
Below you can find a link to my Florida Bar profile:
https://www.floridabar.org/directories/find-mbr/profile/?num=1011629
Negligent Security

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