How Is The Viability Of A Negligent Security Claim Determined?

The biggest factor in determining the viability of a negligent security is the ability of the plaintiff to prove that there have been prior violent acts or attacks at or near a given commercial property. If the area where the attack occurred in is one where no one would reasonably expect someone to be attacked, then it is going to be a very difficult case. On the other hand, if an apartment complex has had four homicides in the scope of about an eight-month period, in an area within one mile of the complex, then there is probably a viable negligent security claim if a tenant or visitor is attacked.

For example, if we know that there have been seventy-seven strong-arm robberies near an apartment complex over the course of a year, we can make a credible argument that the management at the apartment complex should have known about this, and provided a greater level of security.

How Is The Adequacy Of Security Determined In These Cases?

Negligent security cases very often require the testimony of expert witnesses. Expert witnesses are usually familiar with industry and safety standards and are asked to comment on the safety measures that commercial property owners have taken.

Ultimately, the reasonableness of security measures under the facts and circumstances of each case will be determined by a jury. A jury will be asked to decide whether a business provided enough security given what was known about the danger at or around the business.

What Is The Importance Of Retaining An Experienced Attorney For A Negligent Security Claim?

The issues that are raised in negligent security cases are so difficult, that having an experienced attorney is a must. A layperson, or inexperienced lawyer, is probably not going to be familiar with the numerous court decisions that have determined what the legal duties to property owners are. Attorneys who do not handle these kinds of cases are probably not going to know who the best experts are, or the ones that should be avoided. Unseasoned lawyers might not anticipate the many legal and factual defenses that are often raised in negligent security cases.

Additional Information Regarding Negligent Security Claims In Florida

The extent of the injury, or the type of harm experienced by the victim, makes a big difference in these cases. If a person is attacked and killed, the Statute of Limitations is only two years. Cases involving death, are still negligent security cases, but they are also wrongful death cases – with their own set of procedures, deadlines, and rules.

For more information on Viability of a Negligent Security Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by contacting us today.