When you are in your own home, you probably feel safe. You know your house well, and you have worked hard to ensure that it is not a dangerous environment for you, your family, and your friends. Things would be fantastic, except that you are not always inside your home. Life continually requires us to leave the safe spaces we have created for ourselves and enter the wide world. Regardless of whether you need to go to the supermarket, you want to meet some friends for a drink, or you simply want to get out of the house, there are going to be situations where you need to trust in other people’s definitions of security. Usually, things work out. However, there are times when the efforts of others have not gone nearly far enough in ensuring that their space is safe for visitors.
What is Inadequate Security?
Florida Statute 768.0755 regarding premises liability for transitory foreign substances in a business establishment states:
- If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
- The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
- The condition occurred with regularity and was therefore foreseeable.
- This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.
Source: The 2016 Florida Statutes
Under Florida law, the monetary amount the owner will be held liable for, and required under premises liability law to compensate the victim for his or her damages, is dependent on how the victim is legally classified in relation to their status on the property.
When criminal acts such as rape, armed robbery, and battery occur part of the responsibly lies with the owners and managers of the property in question. Especially when it concerns spaces where individuals arrive as guests or patrons, it is up to the property owners to ensure that the appropriate amount of security is in place. Types of locations where accusations of property negligence or inadequate security can be brought to bear in personal injury cases include:
- Shopping Malls
- Office Buildings
- Parking Garages
Anytime you are in a location where it might be reasonably expected for harm to befall visitors, it is imperative that the owners of this location do everything in their power to ensure the individuals on the premises are safe. The proof they have failed at this often takes the role of an injury or some other malignant episode experienced by a visitor. It is the job of the property owner to ensure the quality and reliability of security measures such as:
- Lighting and visibility
- Security guards
- Proper locking equipment
- Maintained pathways and stairs
Protection & Responsibility
Florida’s protections for individuals on property owned and managed by someone else are extensive. Although the law does differ depending on whether or not the injured party was a guest, a licensed visitor, or a trespasser, many jurisdictions adhere to the principal that the property owner is responsible for the safety of all visitors on their property, and this responsibility exists whether or not the injured party was allowed on the premises or not.
Types of Injuries
Injuries inflicted upon individuals due to poor security and property negligence can be extremely severe, ranging from bodily harm to psychological trauma and even death. Pursuing justice for injuries sustained for these reasons is therefore important not only for the individuals involved, but also for the community where the property in question is located. By bringing your personal injury case resulting from either of these reasons to the Law Offices of James O. Cunningham, P.A., you are ensuring both that you receive the highest level of care and legal representation and that no further damage occurs to anyone else.
Contact Us Today
For over thirty-five years, Orlando inadequate security lawyer James O. Cunningham has been representing the victims of premises liability accidents. For a free initial consultation, contact us today at 877-FL-INJURY (877-354-6587).
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