Are You a Victim of Negligent Security

Are You a Victim of Negligent Security?

Are You a Victim of Negligent Security

If you have been the victim of a crime, you may have found yourself going through the incident and asking yourself how the crime could have been prevented. Could you have taken a different route? What if you had gone out with another person? Could you have carried better protection?


Here’s something you might not have considered: was the property in which the crime was committed properly secured and guarded?


For example, a rape in a parking lot might have been prevented if there was proper lighting or a security guard on site. A second or third robbery in the halls of an apartment building might have been prevented if the owners took action to improve security after the first incident.


In both of the above cases, victims may be able to file a claim against the owner of the property for negligent security.


What Is a Negligent Security Case?


Security Negligence Lawyer Boca Raton

Negligent security cases are a form of premises liability that deal with crimes committed due to a lack of adequate security on a property. Similar to premises liability, negligent security relies on the notion that property owners or staff were aware of a specific risk and failed to take measures to prevent that risk or warn tenants or guests of that risk.


The difference is that most premises liability cases tend to involve things like slip and falls, whereas negligent security cases arise from a violent crime (murder, rape, robbery, theft, for example) occurring on a particular property when it could have been prevented.


You may be able to sue for damages that were associated with a negligent security crime, including loss of property, medical bills (if the crime involved violence that necessitated medical treatment), and so on.


The premise behind negligent security suits is that, with adequate security measures, the crime would not have been committed. Adequate security could mean anything from lighting to security personnel on the premises to maintenance personnel properly fixing and checking locks around the property.


To begin a negligent security case, a plaintiff must file a claim against the owner of the property for compensation related to the damages and losses associated with the crime.


Why Sue the Property Owner?


Suing the property owner rather than pursuing the person who committed the crime against you may seem like a strange way to receive compensation.


But there are some definite advantages to taking up a negligent security case:


  • Accountability: Your argument is that the crime might have been prevented if proper security were in place. Filing a negligent security case allows for some accountability for the crimes committed against you.
  • Insurance: the property owner, rather than the criminal, will have some form of insurance that can actually cover your damages.


If you believe you are a victim of negligent security, there are several things you should do:

  • Read over your leasing agreement or any other contracts between you and the property owner. If, in the agreement, the property owner hands over the responsibility of providing adequate security to you, you might run into some issues in court.
  • Talk to neighbors or read over the crime reports of the area in which the crime was committed. If similar crimes had been committed and the property owners failed to act and make the area safer, you will have a stronger case.
  • Contact a Florida personal injury lawyer. The lawyer will be able to discuss your options for filing a negligent security case, and the damages you could recover from the incident.


Alligators in Your Swimming Pool - It's No Joke

Alligators in Your Swimming Pool? It’s No Joke

Alligators in Your Swimming Pool - It's No Joke

Among all of the tragedies that Orlando and the state of Florida have faced recently, one of the most heartbreaking involved a 2-year old boy playing at Walt Disney World.


Lane Graves, 2, of Nebraska, was playing in the water outside of Disney’s Grand Floridian Spa and Resort when he was quickly snatched by an alligator and dragged into the water. His body was found a day later.


It’s not unusual to spot an alligator around the grounds of Walt Disney World. The amusement park was essentially built on a swamp, and covers 40 square miles of land. But not every visitor is aware of the presence of alligators. The area where Lane Graves was playing simply had a “No Swimming” sign and no warning of dangerous animals.


Your Pool Could Hide an Alligator, Too


It may be unsettling to think of alligators invading our favorite theme parks, but it’s downright terrifying to think of alligators appearing in our backyards and swimming pools. Unfortunately, the growing population of both people and alligators has caused some overlap in where we want to relax and swim. Sending your child off to a swimming pool or beach area in Florida may put them at risk of an alligator or other wildlife-related accident.


That being said, keep in mind that the death of Lane Graves was the first fatal alligator attack in Florida since 2007. In short, alligator attacks are rare. There are typically around a dozen bites recorded each year. But even though wildlife accidents of this type are not common, they are traumatic, and can bring a lot of stress and financial hardship upon your family.


So what happens if your child is attacked by an animal on someone else’s property? Can you sue for damages? Will you win your lawsuit?


Negligence and Premise Liability


Let’s remove the wildlife factor and talk briefly about premise liability. If you are injured on a piece of property owned by someone else, you may be able to file a premise liability lawsuit against that person or company.


Negligence and Premise Liability


Property owners have the duty of both maintaining their property so that it is safe for visitors, and also warning visitors of potential dangers that are known by the owner but unknown to the visitor. If the property owners have neglected those duties, they can be found guilty of negligence. To win your lawsuit, you will have to prove that the defendant’s negligence caused your accident.


For example, if your child suffered a swimming pool accident at a neighbor’s house because of improper security or fencing, you could file a lawsuit. If you make a compelling case that the improper security caused your child’s accident, you might win the lawsuit and receive compensation.


Suing Over Wildlife Accidents in Florida


So it sounds like the Graves family has options when it comes to pursuing legal action against the theme park, right? Failure to communicate the imminent danger of wildlife that typically roams the property could be considered negligence or even gross negligence. Disney owns the Grand Floridian and the surrounding beaches, so they should take responsibility for warning patrons, staff, and guests of the dangers presented by that wildlife.




Florida is no stranger to dangerous wildlife, and laws about the presence of wildlife may affect the Graves family’s lawsuit. Florida law does not require property owners to anticipate or warn visitors about the presence of wildlife unless the owner owns or has introduced the wildlife onto their property.


Suing Over Wildlife Accidents in Florida


For example, your child is playing at a friend’s house. Your child was unsupervised and unaware that their friend has a ferocious family dog. Your child sees and goes to pet the dog and is bitten. In this situation, you can file a lawsuit because the friend’s family owns the dog and did not warn your child. They are guilty of negligence.


On the flip side, if your child is playing at the same friend’s house and a wild bird randomly swoops in and attacks them, you will have a much harder time arguing that the friend’s family is liable for the damages done by the wild bird.


When in Doubt, Consult a Personal Injury Lawyer


It is important to look at Florida’s laws and procedures regarding every factor that went into an accident or injury. The Graves family will need a lawyer who is experienced in going up against high-profile clients like Disney, and who can effectively prove that negligence was involved in the case of Lane Graves’s accident.


If you’re caught in a confusing personal injury case, it is best to consult with a personal injury lawyer who is familiar with premise liability lawsuits in Florida. One simple call or click can get you a free review of your case today.


About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Protecting Yourself from Workplace Violence

Protecting Yourself from Workplace Violence

Protecting Yourself from Workplace Violence


Glance through recent headlines and you’ll quickly realize that workplace violence is a pressing issue.


Workplace violence is defined by The National Institute for the Prevention of Workplace Violence as acts of aggression or violence that occur in the workplace or are related to the workplace. Such acts could include assaults, threats, or emotionally abusive behaviors.


This type of crime is a serious safety issue in workplaces of all kinds, with some reports estimating that there are an average of two million cases of assault and violent threats made against US workers every year. Many of these violent acts are committed by outsiders, while others are committed by current or former employees, or intimate partners or spouses of current or former employees.


For employees, executives, and workers of any type of business, it’s crucial to know how to recognize and protect yourself in the event of a workplace violence incident. We’ve provided seven essential tips for employees below.


Learn how to recognize warning signs. Many acts of workplace violence are perpetrated by employees. You can avoid becoming a victim by remaining alert to signs of violence in your coworkers. Common warning signals may include aggressive behavior, frequent arguments, and direct or indirect threats or references to weapons.


Boca Raton Negligent Security Lawyer


Take steps to prevent it. If you observe aggressive, belligerent, or unusual behavior in a coworker, customer, or visitor to your workplace, talk to a boss or manager. It’s always better to be safe than sorry, and in many cases you can prevent big problems with small preventative steps.


Avoid dangerous scenarios. You should avoid working late into the night, or traveling to unfamiliar locations alone. When you travel to community settings, carry the minimum amount of cash possible as well as appropriate identification.


Stay calm. If you ever do find yourself involved in a situation with a belligerent, hostile, or aggressive coworker, customer, or other individual at work, try your best to stay calm. Maintain eye contact with the threatening individual, and make an effort to show you are listening attentively.


Get help. As soon as a situation escalates, and a person begins yelling, swearing, or threatening you, signal a coworker or manager that you need help. If possible, have them call the police—you should not make the call yourself if you can avoid it.


Tread carefully around weapons. It’s important to keep as calm as possible even if a coworker, customer, or other individual threatens you with a gun, knife, or other weapon. Maintain eye contact and follow the individual’s instructions. Continue talking and try to stall for time, but do not put yourself or others in danger. Do not attempt to grab the weapon, but do keep an eye out for a chance to escape safely .


West Palm Beach Negligent Security Attorney


Report threats. You should report even seemingly minor incidents to your supervisor and local law enforcement to avoid the possibility of an even more dangerous incident in the future.


If You Have Been a Victim of Workplace Violence


As an employee, you have a right to a safe and secure workplace. Many cases of workplace violence could have been avoided with proper safety measures and appropriate precautions. Business and property owners have a legal duty to provide safe premises to employees, customers, and visitors, and to protect them from harm caused by workplace violence incidents when those incidents are foreseeable. When business and property owners fail to live up to this standard, they put workers and guests at risk for criminal attack.


To protect employees, customers, and other visitors to their property, owners should provide adequate security measures such as:


  • Security guards
  • Adequate lighting
  • Working locks
  • Alarms on windows and doors
  • Security video cameras


If you have suffered harm or injury at work due to the property or business owner’s failure to provide reasonable security measures, you may be able to hold them responsible for their negligence through a negligent security claim. By filing a negligent security claim, you may be able to recover compensation for the injury or losses you suffered.


Talk to an experienced Florida negligent security attorney if you have been a victim of workplace violence. Your lawyer may be able to work with you to prove the property or business owner should have been aware of the risk or hazard that contributed to the incident, but failed to act.

To support your case, your attorney may collect evidence, gather witnesses, and examine crime statistics and other records to determine whether the violent incident was foreseeable. With a good negligent security lawyer on your side, you will be in the best position possible to obtain compensation for medical bills, lost wages, and other costs related to your long-term recovery.


When Might a Property Owner Be Liable for Negligent Security?

When Might a Property Owner Be Liable for Negligent Security?

When Might a Property Owner Be Liable for Negligent Security?

When a crime occurs on someone else’s property and you are injured as a result, the obvious response is to hold the person who committed the crime responsible. Hopefully the criminal will be caught and will face penalties for what they have done, but there’s no guarantee that they will be caught—or that they’ll have to pay reparations to you even if they are.


In this type of situation, you may need to look at whether or not the crime occurred on a property that was not reasonably secure. If the property owner failed to maintain a safe environment and you were attacked or injured on their premises, they may be liable, and you can work with a personal injury lawyer to ensure that you are compensated for any medical bills, loss of income, and other associated costs.


How do you know if you should call a personal injury lawyer? If you’re ever unsure about whether you have a case, you should ask an attorney, but you can start by reading through the common types of negligent security cases below.


4 Common Examples of Negligent Security


A worker commits a crime after a business fails to do a background check. In some cases, you might actually be attacked by someone who has easy access to the property because they work for the property owner. If this happens and you are able to determine that the property owner or hiring company did not do a background check—or did not take note of previously problematic behavior—then the property owner may be at least partially responsible for your injury.


The property has inadequate lighting. If you have good reason to be on a property at night (for example, you are staying late to finish work at your office in a business park), then the property owner needs to provide lighting in areas like stairwells, walkways, parking lots, and parking garages. When someone takes advantage of a darkened space to attack you, you will most likely have a negligent security case—especially if crimes have occurred in the poorly lit area before.


Boca Raton Negligent Security Lawyer

The property owner failed to employ security guards or cameras where appropriate. Not every property is going to need security cameras or security guards, but there are some places where they are reasonable measures. For example, a convenience store that has experienced robberies in the past could reasonably be expected to have security cameras, and a bar where there have been fights in the past could reasonably be expected to employ security guards. When property owners fail to employ the security measures that are necessary to keep their property safe, they could be held liable.


The rental property owner fails to repair broken locks or windows. It’s not just commercial building owners who may be liable in a negligent security case; a rental property owner could be held responsible for injuries to their tenants if someone is able to break into the property due to broken or insufficient locks or windows—especially if the tenants previously alerted the landlord about the problem and it still wasn’t repaired.

If you or a loved one was injured under any of the above circumstances—or in any other situation where a property owner failed to maintain a reasonably safe environment—fight for compensation with a skilled personal injury attorney.


About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.