Violent crime sometimes cannot be avoided. This is especially true when you cannot predict or foresee the potential for a criminal act. However, property owners have an obligation to protect their visitors from any threats of criminal activity that they can prevent. If they fail to do so, a seasoned premises liability attorney could pursue damages through a negligent security claim.
Claims of inadequate security can arise from any type of property, from commercial to residential. When a criminal act occurs on a piece of property that you do not own, a Tavares negligent security lawyer might be able to help you file for damages.
There are different ways a property owner, manager, or occupier could face liability through a negligent security claim, based on different ways they failed to take action. The following are some of the factors that could lead a Tavares attorney to pursue a negligent security claim.
When a property owner is aware of a risk of criminal activity, they have an obligation to notify visitors or residents when it might impact them. The failure to provide this notice could serve as evidence in a negligent security claim.
The presence of surveillance cameras not only provides property owners with the ability to monitor their property, they can also serve as a deterrent. Visible camera systems could deter perpetrators from committing a criminal act on the premises.
Assaults and other criminal acts are more likely to occur at night when lighting is poor. To combat this, property owners can install lighting in common areas, alleyways, or sidewalks on their property. Inadequate lighting in these areas could increase the risk of a crime.
It is not enough to simply hire security staff in some situations. A place of business also has an obligation to ensure that staff is properly trained in identifying and neutralizing threats. The lack of adequate training could put a visitor at risk of being victimized.
There are limitations on the amount of time a plaintiff has to file a negligent security lawsuit, referred to as the statute of limitations. According to state law, the statute of limitations expires four years from the date of the criminal act that resulted in an injury.
The consequences of delaying a negligent security case are significant. If a plaintiff files their lawsuit after the statute expires, it typically results in a dismissal with prejudice. This type of dismissal means a plaintiff can never re-file the lawsuit for that incident—no matter how strong the case for compensation is.
A Tavares negligent security attorney could help a plaintiff navigate all of the legal deadlines in these cases, including the statute of limitations. Although there are some exceptions in the law that extends this deadline, the best approach is to hire legal counsel that can ensure the personal injury lawsuit is filed before the expiration of the statutory period.
The trauma that can come with being a victim of a crime can last a lifetime. This is true for the physical trauma but also for the mental and financial hardships as well. If a property owner fails to take reasonable steps to protect you from criminal activity, they could be liable for your damages. Reach out to a Tavares negligent security lawyer as soon as possible for your initial consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys