Many people are often confused by the term, “Negligent Security” and are unfamiliar with its meaning. However, nearly everyone understands common terms such as assault, battery, sexual assault and robbery. Negligent Security cases primarily involve individuals who have been harmed by a third-party while on the property of another. Most Negligent Security cases typically occur at hotels, apartment complexes, shopping or retail centers, bars, restaurants, etc. Negligent Security cases can be extremely complex and involve in-depth discovery and research into the property owner. Our Tampa Negligent Security Attorneys are here to assist you and your loved ones.
Generally, a person or entity has no duty to take precautions to protect another person against criminal acts of third parties coming onto the owner’s premises. There are, however, two (2) exceptions to the general rule: 1) the Special Relationship Test and 2) the Issue of Control over the Property. Special relationships have given rise to a duty to protect visitors who are normally a party vulnerable to third-party criminal attacks. Most common examples of situations that involve a special relationship:
Landlord - Tenant
Hotel - Guests
Employer – Employee
School - Student
The key element, even where a special relationship exists, is that the risk of criminal attack must be “reasonably foreseeable”. A Tampa Personal Injury Lawyer can assist in determining whether the property owner could have reasonably foreseen a criminal attack upon his/her property by analyzing police reports, crime grids, former employees, incident reports, patron complaints and internal business records.
A claim for negligent security is premised upon a three (3)-part analysis:
- Foreseeability
- Adequacy of Security
- Preventability
To fully evaluate whether a criminal act upon you or a loved one may have been prevented by a property owner, please contact us, your Tampa Personal Injury Attorneys.