Articles Posted in Negligent Security

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beer2In the state of Florida, bars and restaurants that provide alcohol to individuals who later injure others in an automobile wreck may be liable in certain, limited situations. In Hall v. West, the appellate court affirmed a lower court ruling that a beach resort did not owe a duty of care to a person injured by an intoxicated defendant a number of miles away from the resort.

The facts of the case are as follows. The plaintiff sustained serious injuries when he was hit by a speeding car driven by the defendant. The defendant was visiting a resort at the time of the accident. Prior to and after arriving at the resort, the defendant had consumed a number of alcoholic beverages and was inebriated. The resort’s security personnel told the defendant to leave and even escorted the defendant to his car. Approximately two hours later, and 13 miles away, the defendant hit the plaintiff. The defendant’s blood alcohol level was determined to be .188.

The plaintiff later filed a lawsuit against the defendant driver as well as the resort, alleging the resort was negligent in a number of ways. Specifically, the plaintiff claimed that the resort failed to identify that the defendant was intoxicated when he entered the premises, failed to make sure that the defendant left the premises safely, failed to utilize responsible persons to deal with intoxicated patrons, and failed to employ individuals who would use due care to ensure that policies and procedures were followed so that an intoxicated person would leave the premises safely.

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apartment1In some cases, when an individual is attacked on someone else’s property, that individual may have a claim for negligent security. Negligent security claims can be complex and highly fact-intensive, which is why it is imperative to consult an experienced Miami injury lawyer who can assess the merits of your case. At the Law Offices of Robert Dixon, we have years of experience in virtually all aspects of personal injury law.

A claim of negligent security may arise when the property owner fails to provoke sufficient security. This may include insufficient lighting, security precautions and other measures.

In Nicholson v. Stoneybrook Apartments, the court dealt with the following issue: what duty does a property owner owe to a person whom it has told not to return to the property. The facts of the case are as follows: The plaintiff was at a party at an apartment complex when she was shot in the leg. The incident took place in a common space of the complex.

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buildingProperty owners in Florida have a legal obligation to keep people on their land safe. This includes commercial business owners, property managers, and landlords as well as all other types of property owners. When property owners are negligent in providing basic security for the premises, they can be held liable if someone is injured or personal property has been stolen or damaged. The rationale is to prevent foreseeable harm to patrons, customers, or residents on the property.

Negligent security torts typically assign fault to a security provider. Examples of security providers are security guards on a particular site, apartment or condominium doormen, bouncers at a nightclub, and actual property owners. The lawsuit alleges that the security provider failed to do its job by failing to properly secure the premises.

Negligent security cases often arise when someone is mugged, assaulted, sexually assaulted, or otherwise harmed on a property because of insufficient security. In these instances, the victim can sustain serious physical and emotional injuries. Even if the perpetrator of the crime escapes and cannot be held liable, the victim can bring a lawsuit against the property owner if the property owner did not provide basic safety measures that could have prevented the harm. For example, the owner of a nightclub has an obligation to hire sufficient security staff in case a fight breaks out. If the owner fails to do so and someone is injured on the premises, the victim can bring a claim if he or she can show that additional security would have been able to stop the fight and prevent or mitigate the harm. Continue reading →