Wrongful Death Caused by Negligent Security
If you or a loved one were the victim of wrongful death due to negligent security in Miami Dade County you need experienced attorneys. You may not realize this at first, but when you are on another person or business’s property, they have a legal duty to protect you safe and from foreseeable crime. Property owners who are or should be aware of crime on their premises or even in the vicinity of their property are required to provide safety and security measures protecting guests and customers. What a property owner or manager is required to provide under Florida law in terms of security varies. Whether an apartment complex shooting, or a shooting in a parking lot reasonable safety measures may include security guards, off duty police patrols, using gates, fences, security cameras, and alarm systems. The types of safety and security measures that are required under Florida law also depends on a multifactorial analysis the type of property in use and the types of crimes that occur in the area and how often they happen.
If your loved one was the victim of wrongful death caused by negligent security in Miami, Fort Lauderdale, or another part on another person or business’s property, contact a South Florida negligent security lawyer at Gerson & Schwartz P.A. at (877) 475-2905. We offer free consultations during which we will listen to your story and ascertain whether you should move forward with a wrongful death claim. For over 50 years, Gerson & Schwartz PA has been helping victims of crime, and family members. Our Miami lawyers for wrongful death caused by negligent property owners can help you. So don’t wait and contact a lawyer today for a free consultation.Your Legal Rights Under Florida Premises Liability Laws
Under Florida’s premises liability law, property owners may owe a duty of care to the people who come onto their property with permission. Owners owe the highest duty of care to business invitees, which includes people who come onto their property for a business purpose. This would be a shopper at a mall or a patient at a dentist’s office. Property owners for business invitees must keep the property in safe condition and either repair hazards or provide notice of the dangers. The property owners must routinely inspect their property for hazards, and if they fail to do so, they can be held responsible for dangers they reasonably should have known about.
Owners owe the next highest duty of care to licensees, which include social guests. Property owners must maintain their property in a reasonably safe manner and fix unsafe conditions they actually know about.
Property owners owe the lowest duty of care to trespassers, which are individuals who do not have permission to be on their land. An owner only has to avoid recklessly or intentionally causing a trespasser harm.
When it comes to adequate or negligent security, crime is considered a potential hazard on the property. Property owners owe the highest duty of care to their business clients, customers, and patients, which means business owners who are or should be aware of crime in the area should take reasonable steps to protect their patrons from crimes. Property owners who host social guests also may need to install and maintain security measures if they are actually aware of a real risk of crime in their area.
To learn more about when a property owner is responsible for other people’s safety and security, call a lawyer at Gerson & Schwartz PA to handle you a wrongful death claim caused by negligent security in Miami, Florida right away.Places Where Negligent Security Claims are Common
At Gerson & Schwartz P.A., our attorneys in Miami have handled personal injury and wrongful death cases arising from inadequate or lack of security at or helped victims’ families due to:
- Miami wrongful death claims at Hotels and Motels
- Wrongful death at Apartment Buildings, Motels, and Housing Complexes
- Wrongful death claims in Miami against Bars and Night Clubs
- Miami Retail Shops and Malls Wrongful Death Claims
- Miami Lawyers for Wrongful Death claims at convenience stores, gas stations and strip malls
- Parking Lots and Parking Garages wrongful death and serious injuries in Miami, Florida
If your spouse, parent, or child was killed during the commission of a crime on business’s premises or at another person’s residence, it is important to determine whether the property owner was aware of the risk of crime and whether they took any steps to prevent it. Figuring these things out can be difficult, which is why we recommend working with a negligent security attorney in Miami Dade County or another part of South Florida as soon as possible.
Our highly experience premises liability lawyers at Gerson & Schwartz P.A. will conduct a thorough investigation and analysis of the situation. We will determine:
- Your loved one’s status on the other party’s property (invitee, licensee, or trespasser);
- The property owner’s duty of care toward your relative;
- Whether the type of crime that led to your loved one’s death was common or rare in the premise’s vicinity;
- Whether the property owner knew or should have known about the risk of crime in the area;
- Whether the property owner took appropriate steps to protect against crime they knew or should have known as common in the area;
- If the property owner failed to take reasonable steps to protect invitees and licensees, whether that failure allowed for the crime to occur; and
- Whether your loved one’s death was a direct result of the property owner’s inadequate security.
If we find that there is evidence your parent, child, or spouse’s death could have been prevented by reasonable security measures, then we may recommend pursuing compensation through a Florida wrongful death lawsuit. Under the law, the personal representative of the decedent’s estate can file a lawsuit on behalf of the surviving family members and pursue compensation for medical expenses, funeral and burial expenses, lost income, lost companionship, support, and services as well as grief and emotional distress.Contact Gerson & Schwartz P.A. for Help Today
Security negligence cases can be complex. Trying to move forward with this type of claim yourself, without a legal representative, can be difficult. You may not have the legal knowledge, resources, or skills necessary to prove this type of claim to an insurer or in a court of law. To improve your chance of receiving compensation during a wrongful death claim related to negligent security, call us at Gerson & Schwartz P.A. at (305) 371-6000 for help.