Miami Personal Injury Lawyer Blog
Florida criminal laws take violent crimes seriously, imposing severe penalties for a conviction. Even simple assault is a Second Degree Misdemeanor, punishable by up to 60 days in jail and a $500 fine. These penalties provide some closure for crime victims, but you should realize that you have additional legal options if you were injured.
It is possible to seek compensation through a negligent security claim, but the adverse party is not the attacker, as you might expect. You might have grounds to pursue a careless property owner, and a Miami crime victims attorney can explain the process. Some information on damages in negligent security cases is also useful.
What is Negligent Security Under Florida Law?
Florida’s negligent security laws hold property owners accountable when they fail to provide reasonable safety measures, which contribute to an assault, robbery, or shooting. Examples are:
- Not providing adequate lighting
- Neglecting to fix broken locks
- Failure to install or hire security personnel
To recover damages, victims must show the property owner knew, or should have known, about the risk of criminal activity and failed to act.
Common Locations for Negligent Security Claims
Urban areas like Miami create frequent opportunities for negligent security claims. Property owners in high-traffic areas ignore known safety risks at nightclubs, bars, parking garages, hotels, and apartment complexes. Other common locations include gas stations, shopping centers, and short-term rental properties. When there have been previous crimes on-site, property owners may be held liable for injuries suffered by victims of foreseeable criminal acts.
Crime Victim Rights in Civil v. Criminal Cases
Florida law gives crime victims the right to pursue compensation, so you must file a lawsuit in civil court. This matter is separate from any criminal case, verdict, or sentencing against the attacker. However, note that your civil case does not depend on the outcome in the criminal case. In fact, even if the perpetrator is never convicted or even arrested, you may still be able to recover damages.
Types of Damages Available to Crime Victims in Negligent Security Cases
Crime victims in negligent security cases may recover two forms of compensation:
- Economic damages cover medical bills, rehabilitation costs, and lost wages resulting from the attack.
- Non-economic damages compensate for pain and suffering, emotional distress, and diminished quality of life.
In addition, surviving family members may pursue wrongful death damages if a loved one was killed due to a property owner’s failure to provide reasonable security measures.
Our Miami Crime Victims Lawyers Can Advise You on Negligent Security Claims
You are in a better position to recover the full range of compensation available to you when you have experienced legal counsel on your side. From gathering security records to negotiating with insurance companies, you can trust an attorney to help protect your rights every step of the way.
Negligent security cases involve complicated legal processes, and the attorneys at Gerson & Schwartz, PA, are prepared for these challenges. For more information, please call (305) 371-6000 today. We can schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
