Dedicated Personal Injury Representation in South Florida
If you are the victim of a robbery or violent crime, you may understandably be concerned about how you will cover your losses. The criminal may eventually be apprehended and even brought to justice in a court of law, but ordered restitution may not be enough to make you whole. When a crime occurs due to a lack of security at an office, apartment building, or place of business, you may be able to hold the property owner accountable for negligence and recover damages.
When you come to our team at Jurney & De La Grana, P.A., no question goes unanswered. Our Miami negligent security lawyers are proud to offer personalized and relentless representation. Proving negligence in these cases can often be challenging, but our firm works with top experts, specialists, and investigators to strengthen our clients’ claims. The outcome of your case matters to us, and we are in it to win it. Our legal professionals have the skills and resources to aggressively protect your interests in and out of the courtroom.
Why You Should Explore a Florida Negligent Security Claim
You may be wondering whether it is possible or even worth it to consider pursuing a negligent security claim in Florida. Depending on the nature of the crime, you may have suffered serious or even life-altering injuries. More likely than not, court-ordered restitution did not cover all injury-related expenses – if the criminal was even found and convicted in the first place. Even if they were, many criminals do not have the funds to pay damages to victims.
Many property owners carry commercial liability insurance, giving them the financial resources to potentially pay out a lawsuit decided in your favor. If a property owner’s negligent security contributed to your injuries and losses, there is no reason you should not consider attempting to recover the compensation you need to move forward.
In Florida, a property owner does not have a legal duty to prevent crimes carried out by someone else by default. They do have a legal obligation to take steps to prevent future crimes if they should have anticipated criminal activity.
To prove “negligent security” in the state of Florida, you must prove:
- You had permission to be on the property
- The property lacked sufficient security measures
- The property owner had reason to anticipate the criminal activity from which you suffered
- You suffered harm
The first, second, and fourth elements above are often fairly easy to prove. Examples of insufficient security measures include a lack of lighting, secured doors, security cameras, or security guards. However, it can be difficult to establish the property owner knew (or should have known) that criminal activity was likely to happen due to inadequate security measures.
It can be tougher to prove foreseeability if the crime appears to be a one-off incident. If there is a history of similar crimes being perpetrated at a single location, it becomes easier to argue the property owner should have foreseen the possibility of future issues and therefore should have implemented stronger security measures.
Our team at Jurney & De La Grana, P.A. will thoroughly review all relevant police records, news reports, security camera footage, social media posts, prior insurance claims, and any other documentation that helps establish that a property owner knew (or should have known) about criminal activity and the need for better security. Our Miami negligent security attorneys will use this evidence to build a strong claim.
You have four years from the date of the injury-causing crime to file a negligent security lawsuit against a property owner. You should not wait for the criminal to be found and tried before you start exploring your civil legal options. Should negligent security result in death, you will have two years from the date of the victim’s passing to file a wrongful death lawsuit.
A successful negligent security claim in South Florida can help you recover compensation for:
- Medical bills, including expenses associated with ongoing or rehabilitative care
- Property damage
- Lost wages, including permanent reductions in earning capacity
- Loss of consortium
- Loss of enjoyment of life
- Punitive damages (if the property owner’s conduct was especially reckless)
Our Miami negligent security lawyers know how to handle many types of premises liability and personal injury cases. We regularly anticipate and combat arguments that you were somehow partially responsible for your injuries. Under Florida’s comparative negligence rules, you can still recover compensation if you are found to be partially at fault, and we will always fight for the maximum compensation available.
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