Examples of Negligent Security
A federal jury recently found a Florida Waffle House liable for injuries a customer sustained when he was robbed outside of the restaurant. One man was attacked by three assailants when he left the restaurant early one morning in April 2014 and suffered facial fractures and traumatic brain injury. The man claimed that the Waffle House is in a high-crime area and lacked adequate security. The jury awarded him more than $900,000 in damages.
The Waffle House robbery is an example of a negligent security claim.
What Is Negligent Security?
Negligent security is a type of negligence case. Florida business owners might be liable if they don’t provide adequate security for their premises and that failure results in personal injury, death or property damage. Businesses have a duty under Florida law to keep their customers safe, and providing basic security is a way to prevent foreseeable dangers like a robbery.
Injured plaintiffs can win their negligent security case by proving that:
- The property owner had a duty to provide basic security measures like adequate lighting. Basic security requirements will depend on the type of property and the property’s location. In the Waffle House case, the man argues that the restaurant owner should have done more to protect customers from robbery and other crimes.
- The injury was caused by the lapse in security. In this case, the plaintiff says he wouldn’t have been robbed if Waffle House had better security measures in place.
- The plaintiff suffered physical, monetary, property or other damages. The plaintiff suffered pretty serious physical injuries in the attack.
The injury must be foreseeable in order to recover damages. An experienced attorney can help prove that your injuries were foreseeable and that they wouldn’t have happened if not for the negligent lapse in security. Remember that the deadline for filing a personal injury lawsuit in Florida is four years from the date of the injury.
What Constitutes a Negligent Lapse in Security?
Imagine a restaurant or store that offers late-night business hours (like Waffle House), but that has a poorly lit parking lot. Robberies, assaults and other crimes often happen in dark, isolated places like an empty parking lot. Inadequate lighting in outdoor spaces, stairways, and other locations is one common example of negligent security. Other examples include:
- Security guards or other personnel who don’t do their jobs properly and fail to protect customers,
- Faulty security systems, cameras or locks, and
- A hotel that double books a room and gives strangers access to your things (or to your person).
Florida law recognizes that convenience stores are particularly at risk for criminal activity and requires convenience store owners to take certain precautions. Failure to follow these and other legal requirements can be considered evidence of negligence.
Contact Us Today
Contact a West Palm Beach personal injury attorney at The Pendas Law Firm today for a free consultation if you are injured because of a business’s negligent security procedures. We will examine the facts of your case and help recover the compensation that you deserve, including medical expenses, lost wages, and pain and suffering.
The Pendas Law Firm also represents clients in the Fort Myers, Fort Lauderdale, Jacksonville, Orlando, Tampa, Miami, Daytona Beach and Bradenton areas.
Resource:
law.com/dailybusinessreview/2018/05/14/waffle-house-liable-for-robbery-of-patron/?slreturn=20180502115238
