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Farah & Farah, P.A.

10 W. Adams Street
Jacksonville, FL 32202
Phone: (800) 603-3640

 

Florida Negligent Security Lawyers

Negligent Security

You rent an apartment and tell the landlord that the front gate lock is broken, or your door doesn’t close properly. You are physically assaulted by an intruder who gained access through the broken door or lock. That landlord may be held legally responsible for the assault under premises liability law. If the landlord was notified and did not act, he may be considered negligent. Negligent security lawsuits are a fast-growing segment of litigation in the United States. In these cases, typically the injured are seeking to hold the owner of a commercial property liable after a violent crime has occurred on the premises.

Under Florida law, the landlord has a duty to provide adequate security, especially if that was a selling point to get you to move there. The owner of any property is required to make sure the property is safe for visitors and if owner knows the property has a history of criminal activity either on or nearby the location, he has an additional duty to made the property secure from crime as a reasonable standard of care.

How would he be held liable?

  1. He may fail to perform criminal background checks on employees who have direct contact with tenants on the property, customers and is involved with the security of the property.
  2. He may have failed to screen new tenants.
  3. He has a duty to inform tenants about any security problems. If there is criminal activity nearby, he must inform tenants.
  4. There needs to be a plan in place to keep tenants safe and the landlord or property owner may have violated the standard of care if he failed to establish or follow those procedures.
  5. The landlord or property owner needs to confer and seek advice from law enforcement or independent consultants.
  6. As part of the standard of care, the landlord or property owner must provide patrols by security guards or other personnel.
  7. He needs to maintain lighting, fencing, monitor entrances and exits and barrier systems, identification systems, close circuit TV’s and other alarms.

Farah & Farah’s premises liability attorneys in Jacksonville will also determine the extent to which advertising assured tenants that the property was safe and well-maintained. If you have been injured as a result of a violent crime on a commercial property, contact Farah & Farah’s premises liability attorneys for a complimentary evaluation of your claim.