Key Points of This Article:
- In Florida, property owners can be held responsible for failing to protect people from hazards.
- Negligent security cases involve suing a property owner after you were injured due to their negligence.
- The most important part of filing this type of lawsuit is to select a qualified lawyer who can help you skillfully build your case.
Imagine living in an apartment complex where the police arrive more than 1,000 times a year—where it’s common to observe drug deals, violent assaults and even murders. For the residents of Parkside Gardens Apartments in Ocala, Fla., this scary situation is a reality.
Official records show that police responded to about 1,100 calls at this central Florida apartment complex in a single year, dealing with a wide range of complaints including drug activity, robbery, auto theft, auto burglary, child abuse and sexual offenses. Parkside Gardens residents have told reporters they feel near-constant fear due to the constant criminal activity.
The situation came to a boiling point in January 2018 when two men had a violent disagreement in the apartment complex. According to the Ocala Police Department, Tyrell G. Kendrick and D’Andra T. Flythe were arguing when Kendrick shot and killed Flythe. Kendrick has been indicted for second-degree murder with a firearm.
Flythe wasn’t the only one hurt in the shootout. As the bullets flew, some penetrated the walls of other residents’ apartments. Two bystanders suffered bullet wounds and one decided to sue Parkside Gardens’ owner, Community Housing Partners Corporation of Florida (CHP), for failing to provide a safe place to live.
Understanding Negligent and Inadequate Security Lawsuits
The situation described above is a real-life example of a negligent security lawsuit. These cases hinge upon the concept of premises liability, which puts property owners at fault for allowing unsafe circumstances to persist.
In the Ocala situation, the victim who filed the lawsuit claims that the apartment company was aware of the pervasive crime at the complex but did very little to deal with it. Although the apartment owner paid for security patrols, the lawsuit alleges that these patrols did nothing to stop crime.
Under Florida state law, property owners have a duty to reasonably anticipate foreseeable hazards and alert visitors, patrons and employees about these hazards. A property owner might be considered negligent if they fail to do any of the following four things:
- Maintain a safe environment
- Warn invitees of dangers that are not readily apparent
- Correct dangerous conditions
- Actively attempt to monitor for new dangers on the premises
If you’re injured because a property owner fails to keep you safe, you may have the grounds for a negligent security lawsuit. Generally speaking, you can sue commercial business owners, property owners/managers, homeowners, landlords, convenience store owners and city governments that manage public property.
How Do You Start a Negligent Security Lawsuit?
The first step in filing a negligent security lawsuit is contacting a Florida attorney who is qualified to handle these types of lawsuits. An attorney will help you establish the facts of the case and investigate whether the property owner did what is required by Florida law.
Your attorney will help you gather evidence and request the documentation you’ll need from the police department, public records, media reports and other sources. Make sure you save all personal documentation related to your injuries and medical care because you may be able to get your medical bills covered.
In a Florida negligent security case, you’ll need to prove that the person/company you’re suing could have foreseen the danger and failed to adequately act upon it. The other side will probably do everything they can to avoid taking responsibility, questioning the circumstances, your injuries, your behavior, your reputation and more.
This is why it’s so important to have a talented and experienced lawyer on your side, anticipating the other side’s moves and proving your case.
If You’re Injured on Someone’s Property, Stand Up for Your Rights
Florida’s negligent security laws are intended to keep our citizens safe. When a property owner fails to honor this most basic duty, you could find yourself in a situation like:
- Getting mugged in a dark stairwell.
- Being assaulted in a poorly lit parking lot.
- Being raped in your apartment when building security was lax.
- Having your belongings stolen from a hotel room with a broken door lock.
- Suffering lacerations from a crumbling, poorly maintained swimming pool.
After an injury like this, don’t stay silent. Get the compensation you need to heal and move forward. Contact a qualified Florida negligent security lawyer who can help you build your case and hold the right person responsible for your injuries.
When Results Matter, Call Kemp, Ruge & Green of Tampa Bay
For a negligent security case, connect with a Tampa Bay personal injury lawyer. The attorneys at Kemp, Ruge & Green Law Group handle many areas of personal injury law, including negligent security. We believe you only should have to work on getting well while we worry about using the justice system to protect your rights.
We give our clients the best possible results-driven service. You pay us only if we win in injury cases.
Call (877) 941-4878 today for a free consultation.