Property owners and managers in New Port Richey, FL, must keep their premises safe, which includes protecting visitors from certain criminal acts. If you were injured on another person’s property due to a lack of security measures, you may be able to file a claim to recover compensation. You can get monetary damages for your financial losses as well as for your pain and suffering if your claim succeeds.
Winters & Yonker Personal Injury Lawyers is here to help. We’re a premier personal injury law firm in the area and have the resources, skills, and passion to represent you effectively at all stages of your case. Our New Port Richey negligent security lawyers have over 119 years of combined experience, and we’ve helped our clients obtain tens of millions of dollars in compensation to date.
How Winters & Yonker Personal Injury Lawyers Can Help if You Were Harmed Due to Negligent Security in New Port Richey
Sustaining injuries in an assault or other similar type of incident is traumatizing enough on its own. But when the attack was preventable, had the property owner in question provided adequate security, it can make the aftermath even more overwhelming. Fortunately, state law in Florida allows you to fight back and get compensation by filing a negligent security lawsuit.
At Winters & Yonker Personal Injury Lawyers, we’ve been standing up for the rights of accident victims since 2001. Our award-winning New Port Richey personal injury lawyers are known for their aggressive approach and will do everything in their power to maximize the value of your claim. When you hire us after an attack on someone else’s property, we can help by:
- Internally investigating your incident to formulate a plan of action
- Calculate all of your damages so that we can demand full compensation
- Gather the necessary information and evidence to prove your claim
- Work with leading experts as needed to make your case as strong as possible
- File a lawsuit against the opposing party and take your case to court
- Represent you at trial, if necessary
Reach out to our law offices in New Port Richey, Florida, today to learn more or to begin establishing an attorney-client relationship. With our contingency fee payment structure, we only get paid if you do.
What Is Negligent Security in New Port Richey, FL?
Negligent security falls under the broader category of premises liability law. Premises liability creates legal responsibilities for property owners and managers. Generally speaking, they must keep their premises in a reasonably safe condition for most types of visitors (except for trespassers, with only limited exceptions).
If an owner or manager of a premises does not maintain adequate security measures, they can be held liable for attacks that take place as a result. These attacks may include things like assaults, robberies, and other similar incidents. In essence, the property owner must protect visitors from reasonably foreseeable criminal acts.
Note that negligent security claims are distinct from criminal cases as well as claims against your attacker. Further, you can still win your negligent security claim even if your assailant is found “not guilty” in criminal court.
When Are Property Owners Liable for Criminal Acts on Their Premises?
The facts of the case will ultimately dictate whether the owner in question is liable for your injuries. However, not every business owner needs to implement the same level of security.
The following factors may arise regarding the amount of security measures a property owner must take:
- The type of business in question
- The type of criminal act involved in the case
- The level of crime that historically takes place in the area
Other considerations could be at play as well in some instances.
What Kinds of Security Measures Do Property Owners Have To Implement?
The answer to this question, too, depends on the case. The factors described above will also, in large part, dictate the amount of security required. Possible security measures include the following:
- Security cameras
- Adequate lighting on the premises itself and the surrounding outdoor areas
- Hiring bouncers and/or guards
- Having a locked safe on the premises
- Posting warnings and notices
- Limiting the amount of cash held on the premises
Not all of these factors apply to every business. For instance, it might not constitute negligent security if certain types of businesses (such as a restaurant, in most cases) do not have bouncers.
Florida Law Pertaining to Convenience Stores
The State of Florida has a specific law pertaining to security measures that convenience stores must utilize. These include:
- Providing adequate lighting to the parking lot
- Posting a notice that less than $50 is held in the cash register
- Making sure that the windows are not fully covered
- Limiting the amount of cash on the premises, especially after 11 PM
These are not the only steps that these stores must take, but they are the most prominent under the statute.
Negligent security claims depend heavily on the type of business in question as well as where exactly that business is located.
What Damages Can I Get Through a New Port Richey Negligent Security Claim?
You may have incurred various financial losses due to your incident, and these comprise your economic damages claim. Examples include:
- Medical bills, current and future
- Physical therapy
- Property damage
- Out-of-pocket expenses
Of course, there are other consequences of sustaining a personal injury that aren’t necessarily financial in nature. You can also be compensated for these impacts as part of your non-economic damages claim. Some examples are:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Disfigurement and scarring
- PTSD, anxiety, and other conditions
Punitive damages could be available on top of economic and non-economic damages, but only in rare cases. These damages are meant to “punish” the at-fault party and are only awarded if they acted egregiously.
How Do I Prove My Negligent Security Claim in New Port Richey, Florida?
As the name suggests, negligent security claims are based on the principle of negligence. This is a legal term that means something like “carelessness.” In the context of a negligent security claim, in particular, you must prove that:
- You were lawfully on the premises, thereby establishing that you were owed a duty of care by the property owner
- There were insufficient security measures in place, constituting a breach of that duty
- The lack of security is what caused your injuries
- You sustained damages as a result of the incident
To put it more simply, you must prove that you were injured because the business in question did not have proper security measures to protect you.
You must support each of the above elements “by a preponderance of the evidence,” which means showing that each is at least 51% likely to be true. Generally, in these cases, some of that evidence must illustrate the types of security that the business should have implemented. Doing so can sometimes require expert assistance.
What Is the Statute of Limitations for Filing a Negligent Security Lawsuit in Florida?
Florida’s statute of limitations only allows you a limited amount of time to file a negligent security lawsuit. By default, you will have two years from the date of your incident to do so. If you miss this two-year time limit, you will lose your legal right to get damages.
There are exceptions to this timeline for some cases. To protect your ability to recover compensation from the at-fault party, it is best to contact an attorney as soon as possible so that you can comply with the necessary requirements.
Schedule a Free Consultation With Our Trusted New Port Richey Negligent Security Attorneys
If you sustained an injury due to inadequate security measures, you may have a legal claim for compensation against the responsible property owner. Winters & Yonker Personal Injury Lawyers is qualified to assist you throughout the entire process.
Our experienced New Port Richey negligent security owners have well over a century of combined experience. Since we were founded, we’ve helped our clients obtain tens of millions of dollars.
If you hire us, we’ll get right to work in helping you recover the compensation you need and deserve. Get in touch with our legal team today to schedule your free case review.
Visit Our Law Office In New Port Richey, FL
Winters & Yonker Personal Injury Lawyer – New Port Richey
5006 Trouble Creek Rd Unit #200
New Port Richey, FL 34652
Phone: (727) 910-5060.
Hours: Open 24 Hours Daily