WHEN WE RENT PROPERTY FROM SOMEONE, BEING ATTACKED AND INJURED IS NOT GENERALLY SOMETHING WE CONSIDER
It is safe to say that at some point in our lives, we have had the need to rent a property from another person. Generally what is discussed when drawing up a lease agreement is how long, how much and other minor details. Unfortunately, many times there are small-print clauses included which strive to reduce, or completely eliminate, the liability of a landlord for any damages incurred by injury or to property. Often times these clauses have wording similar to:
“Landlord does not claim to provide, nor has any duty to provide, security measures for tenant or for tenant’s personal belongings. Tenant must seek protection from services provided for and by the city or county. Landlord will not be responsible for lack of security measures involving your family or any others, or personal belongings, injured or damaged by criminal activity or individual actions of employed staff, sub-contractors or any others.”
Luckily for us Floridians, this type of language used to scare away potential claims means nothing when negligent security by a landlord help to contribute to a person’s injury. Florida Statute 83.47 makes these types of clauses unenforceable, and essentially voids them altogether from the lease itself. Additionally, Florida Statute 83.51 makes it a requirement of landlords to make sure that exterior entrances that lead into the building are properly up to codes that may apply.
PROPERTY TYPES UNDER LANDLORD NEGLIGENT SECURITY LIABILITY
Claims of negligent security involving landlords deal with certain properties that have not been given proper safety measures. These types of claims generally involve injuries resulting from criminal attacks on an individual. There are many places that a person rents from a landlord, and expects that the landlord will use the most appropriate safety precautions. Some of these places include but are not limited to:
- Apartment Complexes
- Single Family Dwellings
- Nightclubs
- Malls
- Office Complexes
LANDLORDS NEED TO TAKE OWNERSHIP IF YOUR INJURY COULD HAVE BEEN PREVENTED WITH SECURITY
Landlords will often claim little or no responsibility for an injury which could have been avoided with proper security measures. The fact of the matter is they are not the ones who make that call. When a person owns property and decides to rent that property out, they do so with a responsibility to their tenants and the public. When a criminal attack, such as a stabbing, assault, or shooting, occurs where proper security could have worked as a deterrent, liability lies with that landlord, or the appropriate insurance company.
A TENANT SHOULD SPEAK TO AN ATTORNEY ABOUT THE INCIDENT
As a tenant, or person in public, it is important to remember that feeling safe should be second nature when it comes to your home, job, or local establishment. Madalon Law understands that falling victim to a criminal attack can be devastating. Do not allow additional stress to consume you when it comes to seeking just compensation for your injuries due to negligent security of a landlord. Our accident attorneys are based in Fort Lauderdale, but protect the rights of the injured throughout the state of Florida. Contact us today for your free consultation.
