When a Crime Victim Can File a Civil Action Against a Property Owner

Under Florida’s premises liability law, anyone who is invited onto someone else’s property has the right to recover damages for any injuries sustained on those premises. This even applies to criminal assaults that occur on the property and result in an injury to the visitor or guest. These types of cases are known as negligent security claims and pursuing them can be complicated, often requiring the help of experts and specialists, so if you were the victim of a crime in Florida, you should consider reaching out to an experienced Miami premises liability lawyer, who can ensure that your case has the best possible chance of success. 

Where are Most Crimes Committed?

Crimes are committed every day in a variety of places and often cannot be predicted. There are certain places, however, where people can expect to feel safe, or at least feel confident knowing that certain precautions have been taken to protect them. When crimes occur in these places, the victims are often entitled to damages. Negligent security cases arise in a wide range of scenarios, but tend to occur most often in:

  • Parking lots and stairwells with inadequate lighting or surveillance;
  • Elevators with inadequate surveillance;
  • Convenience stores and gas stations with poor illumination or a lack of security;
  • Areas with obviously broken security cameras;
  • Hotels, dorm rooms, apartments, and condos; and
  • Unsecured bank ATMs with no attendants or cameras, or poor lighting. 

Visitors in these locations are often more prone to victimization, especially in certain areas and at night. Fortunately, property owners who are responsible for keeping visitors safe can be held liable if they fail to take precautionary measures. 

Who Can be Held Liable for Negligent Security?

Who can be held liable for providing substandard security to a visitor or guest will depend on the specific circumstances of the case. Potentially liable individuals include:

  • Property owners;
  • Landlords and property managers;
  • Homeowners’ and condominium associations;
  • Store owners and managers, including restaurant owners, gas stations, and shopping malls;
  • Management companies;
  • Security alarm/guard companies;
  • School operators, university campus administrators, and school districts; and
  • Hospitals and nursing home administrators.

For help investigating your own case, including determining whether someone was responsible for your safety at the time of the crime, please reach out to our office today. 

What Types of Damages Can I Recover?

Individuals who are injured while a crime is being committed can often file civil claims against the person or entity responsible for the property on which the crime occurred. Victims can attempt to recover damages that cover not only the cost of physical injuries, like medical expenses, but also financial damages, such as lost wages. In some cases, an injured party could even be entitled to damages for pain and suffering. 

Were You the Victim of Assault?

Call 305-371-2692 to find out more about how the dedicated Miami negligent security lawyers at Dolan Dobrinsky Rosenblum, LLP can help you. You can also contact us via online message by completing one of our brief contact forms.