Switch to ADA Accessible Website
Orlando Criminal Lawyer

When Is A Business Or Property Owner Liable For Negligent Security In Florida?

SecurityCam2

Premises liability is an area of law that holds that a business or property owner can be held legally responsible for certain accidents that occur on its premises. For example, a Florida property owner may be liable for injuries caused by its failure to conduct proper maintenance. Premises liability law in Florida also requires businesses and property owners to take adequate security precautions.

Indeed, a business or property owner in Florida may be liable for harm caused by a third party criminal attack if that attack happened because of its failure to take the proper security precautions. Here, our Orlando negligent security attorney explains what you need to prove to hold a business/property owner liable for negligent security in Central Florida.

Four Steps to Establish Liability in a Negligent Security Lawsuit in Central Florida

Step #1: A Duty of Care 

The first step to establishing liability in a negligent security lawsuit in Florida is proving that the defendant (business or property owner) actually owed the plaintiff (injured victim) a duty of care. Businesses and property owners in Central Florida have a duty to care for the safety and well-being of customers and other permitted guests. However, they owe very limited duty to trespassers. A trespasser typically cannot bring a successful negligent security claim in Florida. 

Step #2: Breach of Duty of Care 

The next step to proving liability is establishing a breach of the duty of care. This is the core of any negligent security lawsuit. The plaintiff must prove that the business or property owner did not take security measures that were at least as good as a reasonably prudent person would have done under similar circumstances. For example, imagine that a criminal attack occurred because a hotel had broken latches on its windows. That hotel may be liable for negligent security. 

Step #3: Proximate Cause (Nexus) 

A Florida court explains the standard well in the case of Aguila v. Hilton, Inc. In that premises liability lawsuit, a court held that a hotel could not be held liable for a DUI accident even though the drunk driver got intoxicated on its premises. The hotel in question was located in North Florida and advertised itself as a “Spring Break” destination. However, the court determined that there was not a sufficient nexus (proximate causation) established between the defendant’s conduct and the victim’s injuries. 

Step #4: Injuries (Damages)  

Finally, you must prove actual harm to bring a successful negligent security claim in Florida. Although punitive damages may be granted in a limited number of negligent security cases, a plaintiff’s ability to recover compensation will generally depend on the severity of their injuries and the extent of their economic and non-economic damages.

Call Our Orlando, FL Negligent Security Lawyer for Immediate Help

At The Baez Law Firm, our Florida premises liability attorney has the legal skills and experience to handle negligent security cases. If you or your loved one suffered harm due to a criminal attack, we can help you explore every option for recovery compensation—including holding a business or property owner legally liable. Contact us today for a no cost, no commitment consultation. From our Orlando office, we handle negligent security claims throughout all of Central Florida.

Source:

casetext.com/case/aguila-v-hilton-inc-1

  • Facebook
  • Twitter
  • LinkedIn
Miami

Miami Office

1200 Brickell Avenue, Suite 1410
Miami, FL 33131
Office: 305-999-5100
Fax: 305-999-5111
Orlando

Orlando Office

250 N Orange Ave, Suite 750
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

protected by reCAPTCHA Privacy - Terms
Please review the highlighted fields. They are required.
DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2022 Baez Law Firm. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab Contact Form Tab