VICTIMS OF ACCIDENTS THAT COULD HAVE BEEN PREVENTED WITH SECURITY WILL HAVE QUESTIONS
The negligent security attorneys of Madalon Law want you to be as informed as possible with how negligent security works. If you or a loved one has suffered an injury because of improper security measures by a property owner, contact us today for your free consultation and we will gladly discuss your legal options.
What constitutes negligence of security?
A claim for negligent security falls under premises liability law. Generally speaking, a claim is brought on when a victim receives injury as a result of another person attacking them while present on someone’s property. The costs of treating that injury are sought against the property owner. Any owner of a property can be held liable for negligent security.
Are there different types of negligent security claims?
Yes. As mentioned above, a negligent security claim is brought on generally when a victim receives injury as a result of another person attacking them while present on someone’s property. These claims are brought on by renters of condos, college students living on the school campus, patrons of shopping centers, or even employees of businesses. But this does not limit negligent security claims. There are situations where negligent security claims are brought on because of stolen identities, thefts through the internet, and attacks of terror.
Is it possible to hold a landlord liable for injuries to a tenant who is attacked in their dwelling?
It might be possible. There are statutes in place which make sure that a landlord follows through with his owed duty to his tenants, protecting them from any foreseeable harm, by taking appropriate reasonable measures. The duty that is owed by a landlord to his tenant is generally imposed in the shared living areas of the community. This includes parking lots, common hallways, and other places that foreseeable harm can happen.
When can a landlord be found not liable for negligent security?
If a specific assault takes place inside a resident’s apartment, the chances of a landlord being held liable for negligent security are lessened tremendously. Additionally, the liability that is placed on a landlord for negligent security can be reduced if acts taken by a taken help to create the harm which caused the injury.
Is it a landlord’s duty to make sure that their tenant’s property is secured?
While most states hold a landlord responsible for the above mentioned owed duty, it is not the responsibility of the landlord to protect against every single dangerous event. In essence, the landlord does not guarantee their tenant’s well-being. Common, shared areas, are the focal point of which a landlord must reasonably protect against those foreseeable dangers.
How can a landlord reasonably protect against foreseeable dangers?
If an area is known for high crime rates, then it is safe to say that the landlord there knew of possible dangers that are presented with those types of areas. In order to avoid liability for a claim of negligent security, a landlord would need to do what a reasonable person in their shoes would, given the circumstances. Some of these things include making sure dark areas remain fully lit for pedestrians, installing security cameras, or even placing a security wall around the premises.
VICTIMS OF INJURIES THAT COULD HAVE BEEN PREVENTED WITH SECURITY NEED TO CONTACT AN ATTORNEY
We understand you may still have questions about your incident, which is why we urge you to contact our Fort Lauderdale accident attorneys. We serve the entire state of Florida and will come to you if you cannot make it to our offices.