When a property owner allows someone else onto their land, that owner takes on a “duty of care” requiring them to take certain precautions to ensure their property is reasonably safe for visitors. In many situations, this duty of care includes an obligation to anticipate certain criminal acts happening on their property and taking specific actions to reduce the risk of anyone getting injured through such a crime.
Accordingly, when you are hurt during a criminal act on another person’s property that the owner did not do enough to prevent, you may have grounds for a civil case against the landowner, which a seasoned premises liability attorney could help you pursue. No matter what injuries you sustained or what losses you need to recover, a Lake Mary negligent security lawyer could protect your best interests and get you paid fairly for all your compensable damages.
Landowners are expected to warn lawful visitors about all hazards they are aware of on their land and to fix those hazards quickly after discovering them. In some cases, landowners may also be expected to inspect their land regularly in order to discover new hazards reasonably quickly. Another factor must be taken into consideration when it comes to injuries caused by a third party’s criminal act: the “foreseeability” of the offense in question.
Exactly what qualifies as a foreseeable crime is not always clear. Property owners are expected to be aware of crimes which have recently occurred in the area around—and especially on—their property, and to implement reasonable security measures to prevent those crimes from occurring on their land. Depending on the circumstances, this could mean making sure public spaces are well-lit and doors are locked after hours, or it may involve installing security cameras, putting up fencing, or even hiring private security personnel.
If a crime was reasonably “foreseeable” as likely to occur without specific security measures being taken, any landowner who fails to take those measures may be civilly liable for injuries caused by that crime. A negligent security lawyer in Lake Mary could help determine how foreseeable a crime was on a given property.
Florida recently changed the “statute of limitations” for personal injury claims, including those governed by premises liability law and built around allegations of negligent security. For causes of action arising before March 23, 2023, the filing deadline is generally four years past the date on which the plaintiff’s injury first occurred.
For claims arising after that date, the applicable deadline is two years after the incident in most situations, as noted in subsection (4) of Florida Statutes § 95.11. This reduced filing period makes it especially important to have help from a skilled lawyer when pursuing a negligent security case in Lake Mary.
A lack of sufficient security on property that is open to the public can lead to serious injuries caused by preventable criminal acts. When you are injured this way, you have limited time to exercise your rights and demand compensation from the landowner who should have done more to prevent you from having this traumatic experience.
A conversation with a Lake Mary negligent security lawyer could provide you with much-needed answers to important questions and guidance about what next steps you should take. Call today to set up a free consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys