Carrollwood Negligent Security Attorney
The 2016 Pulse Nightclub shooting is still fresh in our minds. What made this event even more tragic is the fact that it may have been preventable. Prior to the attack, the shooter drove past the club several times in a suspicious manner. Furthermore, onsite security guards felt overwhelmed and were unable to intervene. Stronger security measures, like monitored video security and a larger contingent of security guards, might have prevented the shooting, or at least reduced its impact. But we will never know.
In contrast, the thorough Carrollwood negligent security attorneys at Moore Law never take shortcuts when it comes to your claim for damages. Instead, we quickly evaluate your case to determine all your legal options. Next, we gather evidence and prepare a plan of action based on that evidence. Because of our thorough preparation, we are usually able to resolve personal injury claims out of court. Such resolutions end cases faster, so victims obtain compensation faster. These settlements also give victims more control over the outcome.
Duty of Care
At most levels, individuals are responsible for incidents like assaults and shootings. However, the property owner could be financially responsible for damages in these cases. These damages normally include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Ascertaining a legal duty is the first step in the compensation process. In Florida, there are three possible duties, mostly based on the relationship between the victim and owner:
- Invitee: Nightclub patrons are invitees. These individuals have general permission to be on the property and they provide an economic benefit to the owner. Most social guests are also invitees. These individuals have specific permission to be on the property, and they provide a noneconomic benefit to the owner.
- Licensee: Some social guests are licensees. A guest of an apartment tenant is probably a licensee. Clearly, the owner does not benefit in this situation. Usually, there is no such thing as a commercial licensee. Window-shoppers, vendors, and other such individuals are generally invitees, even though there is no direct owner benefit.
- Trespasser: If the victim didn’t have permission to be on the land and didn’t provide an actual or potential benefit, the victim is usually a trespasser. A few legal doctrines, like the attractive nuisance rule and the frequent trespasser rule, could move trespassers into the invitee category.
Generally, almost all property injury victims are invitees. Owners have a duty of reasonable care in these situations. Owners must ensure their premises are safe. Furthermore, they must conduct frequent safety inspections. These inspections should include security evaluations.
Owners are responsible for the aforementioned damages if they knew, or should have known, about the hazard which caused a security breach-related injury. Common negligent security hazards include:
- Broken or missing cameras,
- Non-Working or missing security lights,
- Inadequate security level (e. g. using unarmed guards when armed guards are required), and
- Broken or missing security gates.
Carrollwood inadequate security lawyers usually find derelict evidence of actual knowledge during a lawsuit’s discovery phase. Circumstantial evidence of constructive knowledge (should have known) usually involves the time-notice rule.
Additionally, a negligent security-related injury must be foreseeable (possible). Evidence of foreseeability includes prior similar incidents at that location, type of property (banks are more likely robbery targets than bakeries), prior similar incidents at nearby locations, and the neighborhood’s reputation as a high crime area.
Contact a Thorough Hillsborough County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced negligent security lawyer in Carrollwood, contact Moore Law by going online or calling 813-510-5400. We do not charge upfront legal fees in these matters.