Can you really sue a big business for the criminal acts of a third party? You can if the business did not follow proper safety standards. A Tampa negligent security attorney regularly holds businesses responsible for choosing money over the safety of their customers.
What Is A Negligent Security Claim?
Negligent security claims are a type of premises liability claim.
Businesses like bars, restaurants, nightclubs, and apartment complexes have certain safety standards they must follow to protect patrons, guests, or residents.
Negligent security claims arise when these businesses fail to follow these safety standards, and someone is hurt by a third party as a result. A negligent security attorneys fight to hold the business (aka the defendant) responsible for the injuries and pain suffered by the victim (aka the plaintiff).
Example Of A Negligent Security Claim
A bar in downtown Tampa lets in more patrons than it has the capacity to serve.
Five fights have broken out in the bar in the last five months. Yet the bar refuses to train its staff in security procedures.
The bar serves a man multiple alcoholic drinks, and the man gets drunk. He yells and creates a scene, but the bar lets him stay.
The bar has one security guard on duty, but the waitress does not tell that one security guard. Instead of paying attention to his duties, the security guard is busy flirting with a customer.
The success of any legal matter depends on the unique circumstances of each case, therefore, we cannot guarantee particular results for future clients.
A woman walks by the drunk man. The drunk man yells at her, and she yells back. They continue yelling until the drunk man rears back and punches the woman. Hard. The woman falls to the ground. The bar’s security is nowhere to be found.
The woman is hurt. Badly. Her jaw is broken. Doctors will wire it shut. She will need multiple surgeries to fix the damage done.
The police arrest the drunk man, but he does not have two pennies to rub together. However, the woman’s medical bills are mounting. She can’t work. She sees a lawyer.
In this case, the lawyer would pursue a legal action against the bar. A bar staff member did not assault the woman. But that’s not the point. The bar created the condition that was ripe for this horrible incident to occur.
The bar substantially profited from this situation in the form of alcohol sales. The bar knew — or should have known — that this situation could happen, as fights like this had broken out repeatedly in the months prior to the woman’s assault. But the bar did nothing. Its owner refused to spend the money to increase security and protect the bar’s patrons.
Types Of Cases A Negligent Security Attorney Handles In Florida
Negligent security cases don’t just take place in bars. These cases take place at:
- College Campuses
- High School Campuses
- Shopping Malls
- Parking Lots
- Apartment Complexes
- Hotels and Motels
The types of negligent security include acts like:
- Failing to background check employees for criminal records
- Negligent alcohol sales
- Not enough security guards or staff
- Not training security guards or staff
- Failing to section off dangerous parts of a building
- Failing to warn of a property’s dangers
- Failing to limit access to the premises
- Lack of proper surveillance (i.e. surveillance cameras)
Proving A Negligent Security Case In Tampa
When building a legal case, the attorney will:
- Interview witnesses to the incident as well as friends of the victim.
- Interview the investigating officers and obtain any police reports.
- Interview any employees of the company where the negligent security action occurred.
- Work with the injured person’s doctors and treatment providers to make sure the proper treatment is given.
- Hire an expert or a team of experts regarding the appropriate safety and security standards for a company similar to that of the defendant in the case. For example, if the incident happened in a bar, then the negligent security attorney will want a security expert who is comfortable discussing bar security. If it was at an apartment complex, then the attorney will need an expert comfortable discussing security and safety standards for apartment complexes.
- File a lawsuit and begin the discovery process, Remember, it is almost always best practice in negligent security cases to file a lawsuit immediately.
- Send a spoliation letter to the company commanding them to not destroy any evidence related to the incident.
- Begin the discovery process of the company. This usually means requesting documents such as:
- A list of all employees working on the day in question.
- All training and security operations manuals, printed or electronic procedures, etc.
- Emails related to the incident and to security.
- All incident reports for this incident.
- All incident reports of past similar incidents.
- Schedule depositions of the company’s employees to get the answers needed.
- Take the deposition of the person who actually committed the crime.
- Represent the victim when the person who committed the crime goes to court.
- Prepare the victim for his or her deposition.
- Prepare for and attend mediation and take other actions to try to settle the matter.
- Finally, a negligent security attorney will go to trial and ask a jury for justice if the case cannot be settled out of court.
Our Tampa Law Firm Can Help
If you’ve been injured contact our law firm today! Our negligent security attorneys have extensive experience fighting corporate greed. Schedule a free personal injury consultation with Denmon Pearlman if you or a loved one was injured because of inadequate security. Know your legal rights!