By Ryan M. McCarthy, Firm Partner
Negligent security claims are particular and specialized. These types of matters are characterized as premises liability claims, as opposed to ordinary negligence. And this is an important distinction because it means that the duty of care owed to the victim is based upon the victim’s relationship to the incident location. Put most simply, a negligent security action typically involves a property owner’s failure to keep his or her premises safe and secure from foreseeable criminal activity.
A law firm must be properly equipped to handle a negligent security claim, in light of the nuances and investigation that is generally required.
At Lesser, Landy, Smith & Siegel, PLLC, we handle a wide-variety of cases, including general negligence, medical malpractice, and contingency business litigation — but, we also have been handling negligent security matters for many years. Referring Florida lawyers and victims of negligent security have repeatedly placed their trust in us to navigate these claims and pursue justice.
Evaluating Duty of Care
Because negligent security matters are a type of premises liability case, a significant step in initially evaluating the case is determining the duty of care that is owed to the victim based upon the victim’s relationship to the premises. While there are several classifications, arguably the most common one is an “invitee.”
A duty of care is owed to an invitee for the premises to be maintained in a reasonably safe condition — and this duty extends to the means which the property owner has provided for use by the invitee for ingress and egress.
When our firm is called upon to handle a negligent security matter, we immediately identify the duty of care owed to the victim because that “prong” dictates the rest of the analysis and governs the initial work that must be done on the case. Establishing the proper duty of care is key to proceeding with the claim and setting the case up for further success.
Analyzing Foreseeability and Breach
Foreseeability is another significant “prong” of a negligent security claim. A property owner does not have a duty to protect against the willful criminal act of another unless that conduct could have been foreseen or anticipated. Stated another way, the criminal act must be reasonably foreseeable.
A term that comes up in the case law is the “zone of risk.” It must be determined whether there was a foreseeable zone of risk that posed a general threat of harm to others. If a foreseeable zone of risk is created, a property owner has a duty either to lessen the risk or see that sufficient precautions are taken to protect others from the harm that the risk poses.
If there is a foreseeable zone of risk, a failure to implement adequate security measures can constitute a breach of the duty of care. Examples of said failure can include, but are not limited to inadequate lighting, lack of surveillance cameras, or insufficient security staffing.
When our firm handles a negligent security case, we also look at factors such as whether there were any known threats, whether the area was known to have a fair and/or substantial amount of crime, and whether there is a documented history of crimes (of a similar nature) that took place before our subject incident.
Effectively handling a negligent security case requires the handling attorney to know what to look for, to be able to satisfy all elements of the case.
Importance of Taking Swift Action
A factor that makes negligent security cases complex is getting to know and understand the unique factors of the individual setting where the incident transpired. This must be done on an expedited basis.
Determining whether there was a breach of the duty of care in a negligent security case requires familiarity with the particular security measures that should be in place in any given setting. Sometimes that knowledge comes with experience — but, when an incident transpires in a distinct area, it takes a law firm like ours to identify all of the ways that a traumatic incident could have been prevented.
While safety and security are top of mind these days, negligent security incidents continue to transpire. The unfortunate reality of today’s world is that it is practically impossible to watch or read the news without seeing a story that presents a negligent security scenario.
A negligent security claim should be brought to a lawyer as soon as possible to ensure that the proper investigation is conducted and that important evidence is preserved. Lesser, Landy, Smith & Siegel, PLLC has the persistence and experience to properly deliver justice on these claims.
If you’ve been the victim of negligent security, don’t wait to take action.
Our attorneys have decades of experience uncovering the truth and holding property owners accountable. Call Lesser, Landy, Smith & Siegel, PLLC today at (561) 655-2028 for a free, confidential consultation.
Citations are omitted; however, legal concepts were pulled from recently reported negligent security cases in Florida.
