What Is a Negligent Security Claim in Ft Myers Florida?
Brian O Sutter
Premises Liability
Whenever you visit a retail store or any other commercial property, including nightclubs, bars, and hotels, the owner of the establishment is responsible for making sure you feel safe and are protected against criminal attacks and similar situations that can prove to be dangerous. If you have recently been injured because reasonable security measures were not taken when visiting an establishment in Ft Myers, then you may be able to hold the owner of the establishment liable for your injuries and other damages.
What Is a Foreseeable Injury?
To begin, we first need to define what a foreseeable injury is. A foreseeable injury in Florida is a personal injury law concept used to determine proximate cause following an accident. This concept asks if the person causing the injury could have foreseen reasonably the consequences that could result because of their conduct.
In some cases, such as at a bar or nightclub, the owner may need to take extra precautions. People can become rowdy and engage in more dangerous behavior. For this reason, many of these kinds of establishments have bouncers or security guards posted at the doors. They are there to check ID, keep people safe, and make sure no one becomes hurt.
What Is the Best Way to Prove a Negligent Security Case?
If you file a negligent security claim, you may be entitled to compensation as a result of the negligent security employed at the establishment. Compensation may be offered to cover pain and suffering as well as medical expenses following the incident. For this, you must be able to prove that the injuries occurred because of negligent security.
This is when the concept of foreseeability comes into play. Did the owner have previous knowledge that there might be a problem or potential danger? If the owner knew about any kind of risk in the location, they might be held liable.
How many times have police been dispatched to this particular location? How many crimes occurred at this location previously? Are these crimes happening quite frequently? This may mean the owner is aware. These are all questions that must be answered when trying to prove negligence.
Since owners have a standard duty of care, they are also responsible for maintaining their property and safeguarding it against potential risks. This means implementing adequate security measures to make sure all patrons remain safe.
Steps an Owner Can Take to Avoid Liability
Property owners can avoid liability in some cases simply by being aware of what is happening on their property and taking reasonable precautions to provide adequate security. They should hire the right security personnel and make sure everyone employed receives adequate training for hazards and potential threats.
Limiting the number of people allowed into their business is another step a property owner can take to help keep everyone safe. Having a high-quality and functional security system in place is also a great way to deter any unlawful or rowdy behavior on the premises.
If you were injured at one of these establishments in Ft Myers and feel that it was due to the negligence of the property owner or his security staff, you may be entitled to compensation. Consult with an experienced personal injury attorney today to see if you are eligible.