Miami Inadequate Security Lawyers Gerson & Schwartz, P.A. Home
Understanding the Security Negligence Case
A. Duty-What is the Obligation of the Property Owner, Business Owner, Other Person or Entity in Control to Your Client
- State law question
- Maintain property in reasonably safe condition
- Discover and correct or warn of dangerous latent conditions about which defendant knew or should have known in the exercise of reasonable care
- Responsibility that goes with control or right to control-how you select defendants who should be sued
- Contract-lease, franchise, license, other entitlement to commercial advantage resulting in express obligation
- Statutory obligation
- Landlord-tenant
- Statutes that create a complementary duty for a grant of license, franchise, advantageous commercial position
- Statutes that expressly impose a defined duty such as fire regulations, occupancy limits, or other operational requirements.
- No Security case
- Carelessness of the property owner, manager, operator
- Standards of care of the real estate, retail, special event, other specific business operation
- Foreseeability
- General-past criminal activity on property or nearby
- Use of property
- High risk-bank, jewelry store, bar, large or specialized patron
- Customers-young people, sports fans, children, others
- Specific known dangers
- Known dangerous persons
- Antagonistic groups such as gangs or sports rivals
- Prior threats or warnings
- Inadequate Security case-same situations as in no security case with substandard security program, system or operation
- Inadequate evaluation of security problem or needs
- Inadequate resources- personnel, training, supervision, equipment
- Cost or budget driven decisions about security
- Vulnerability of property
- Architecture
- Ingress/egress
- Size or physical characteristics
- Lighting
- Other property specific problems for safety
- Failure of Security-Contract security vendor is defendant
- Training, supervision, equipment, planning, reporting, other managerial failures
- Neglect or misconduct of security officers
- Deterrence of crimes of opportunity and crimes of passion
- Motivation of the criminal-money, revenge, paid attack, political, sexual predator
- Drunk, drugged, mentally unbalanced criminals
- The “it happened too fast” defense
- The “security intervention would have been too dangerous” defense
- The “security intervention wouldn’t have worked” defense
- Plaintiff involvement
- Aggression, provocation, or other instigation
- Sexual crimes-flirtation, suggestive dress, conduct or speech
- Known attacker-antecedent contributory conduct
- Self defense attempts-fighting back, screaming, and running
- Third party liability
- Apportionment to criminal actor
- Apportionment to others responsible for criminal actor-parents, spouse, parole or probation office, guardian, teacher, employer
- Apportionment to others for encouraging criminal actor such as his companions, political influences, social influences
- Apportionment to others involved with property such as tenants, neighbors, visitors, and bystanders.
- Miscellaneous contributors
- Acts of God-weather or natural disaster
- Power failure or other environmental causes
- Physical
- Injuries inflicted by violence often severe such as gunshot, knife, blunt objects.
- Generally don’t have to deal with the pre-existing injury defense
- Generally don’t have to deal with the force or impact or victim body kinematics defenses
- Emotional/Psychological injuries
- Expert witnesses
- Psychiatrist/Psychologist mental health diagnosis and treatment
- Neuropsychologist-testing and evaluation
- MSW or other therapist
- Forensic evaluation vs. therapeutic treatment
- Psychopharmacology
- Lay witnesses-before and after family, friends, neighbors, co-workers
- Relationship differences
- Productivity
- Mood, attitude, personality
- DSM IV
- PTSD
- Anxiety disorder
- Depression
- Substance abuse
- Behavioral disorders
- Expert witnesses
