Were you the victim of a criminal act on another person’s property in Clearwater, Florida? Premises owners must keep their property reasonably safe from offenses such as assaults and robberies. When they fail to do so, they may be held financially liable for any resulting injuries and trauma. The trusted attorneys with Roman Austin Personal Injury Lawyers can help you pursue a claim.
Our personal injury law firm has been helping accident victims in the area recover the compensation they need and deserve since 1996. In that time, we’ve obtained over $120 million on behalf of our clients; further, our Clearwater personal injury attorneys have more than 50 years of combined experience. We’re ready to put our stellar track record of success on your side beginning today.
We handle all types of personal injury cases, including Clearwater pedestrian accidents, Clearwater slip and fall accidents, workers’ compensation, construction accidents, bad faith insurance claims, and more.
Don’t hesitate to contact our law office in Clearwater, we can take your call 24/7 at (727) 787-2500 if you have any questions or would like to get started. Your initial consultation with one of our Clearwater negligent security lawyers is free of charge.
How Roman Austin Personal Injury Lawyers Can Help With Your Negligent Security Claim in Clearwater
Although Florida law clarifies that property owners must take safety measures to secure their premises, that doesn’t stop many from eschewing their legal responsibilities. If someone committed a crime against you on someone else’s property in Clearwater, FL, we’re here to help you recover a monetary award or settlement that makes you whole again.
We’re an award-winning law firm that you can trust. Founding attorney Mark Roman is Board Certified in Civil Trial Law by The Florida Bar, a recognition only a few lawyers in the state receive. Members of our legal team have also been named Tampa Bay’s Top Trial Lawyers, Super Lawyers, and more by prestigious professional organizations. We can help with your claim in Clearwater by:
- Internally investigating your negligent security incident to collect evidence and fully evaluate your damages
- Demand fair compensation from the responsible property owner and negotiate a fair settlement agreement on your behalf
- Enlist the help of experts to strengthen your compensation claim as needed
- Potentially file a lawsuit and take your case to court if the other side refuses to negotiate in good faith
Ready to start forming an attorney-client relationship? Just give us a call today to schedule a free consultation with an experienced Clearwater personal injury lawyer.
What Is Negligent Security in Clearwater, FL?
Negligent security is part of premises liability law. This area of the law imposes requirements on property owners to keep their premises in a reasonably safe condition.
Specifically, negligent security means property owners must keep their premises safe from reasonably foreseeable criminal acts. The level of protection a business must maintain depends on factors such as:
- The type of business
- History of crime in the area
- Whether there has been criminal activity on the premises before
Examples of security measures that a business may need to implement include:
- Installing cameras
- Attaching heavy-duty locks to doors
- Hiring bouncers or security guards
- Keeping the area well-lit
- Installing and utilizing a safe for high-value goods
Convenience stores are explicitly covered under Florida law. These stores must implement the following:
- Robust security camera system
- Drop safe or cash management device
- Conspicuous note stating that the cash register contains $50 or less
- Cash management policy to limit the amount of available cash after 11 pm
- Silent alarm to alert law enforcement or a private security company
- Untinted windows and a clear line of sight to the cash register
- Well-lit parking lot
Aside from convenience stores, the level of security most businesses must provide is relative to the facts and circumstances that apply to the location.
How Valuable Is My Clearwater Negligent Security Claim?
The value of your negligent security claim in Clearwater will hinge on many different factors. Sometimes, hiring experts is necessary to realize how much a claim is worth. A few considerations that might influence a claim’s value include:
- Severity of your injuries
- Amount of evidence available to prove your claim
- Type of business where the incident occurred
- Contributory fault
- Terms of any applicable insurance policies
Properly evaluating a personal injury claim is critical because you have just one chance to recover compensation. If you hire Roman Austin Personal Injury Lawyers, we won’t cut corners when it comes to maximizing the value of your claim. Contact us today for personalized information regarding how much you might be able to receive.
We Can Help You Obtain Compensation for All of Your Injuries in Clearwater, FL
Negligent security cases can involve significantly debilitating injuries. These include, but are not limited to, the following:
- Broken bones
- Traumatic brain injuries
- Lacerations or puncture wounds
- Internal bleeding
- Spinal cord injuries
- Catastrophic injuries like amputations and paralysis
- Soft tissue damage
- Organ damage
- Leg injuries
- Nerve damage
If you’ve recently sustained injuries on a piece of public or private property, our Clearwater negligent security attorneys can help you hold the responsible party financially accountable.
What Damages Can I Recover in a Negligent Security Claim in Clearwater, Florida?
You may recover two types of compensatory damages as part of your negligent security claim in Clearwater, Florida. These are called economic and non-economic damages, and they compensate you for your financial and non-financial losses, respectively. Examples of them are:
- Lost wages
- Loss of consortium
- Decreased earning capacity
- Medical bills
- Rehabilitation and therapy
- Pain and suffering
- Out-of-pocket expenses
- Mental anguish
- PTSD, anxiety, and other similar conditions
- Decreased enjoyment of life
- Disfigurement and scarring
Punitive damages might also be available, but only in rare cases. These damages are to “punish” the at-fault party for their behavior when they’ve acted outrageously, such as with extreme recklessness or the intent to cause harm.
In Florida, Can I Still Receive Compensation if I Share Some Blame for My Injuries?
Yes. Florida has a modified comparative negligence law in place that allows you to recover compensation even if you are partially responsible for your injuries – but only if your share of fault is 50% or less. If your share of negligence is 50% or less, your damages award may be reduced according to your assigned percentage of fault.
As an example, if you’re initially awarded $500,000 but are assigned 20% of the blame, that award may be reduced by 20% to $400,000. If you’re assigned 51% of the blame, you won’t receive anything.
The at-fault party can reduce or eliminate their liability if they blame you successfully. Having a Clearwater personal injury attorney in your corner will make you well-suited to respond to these accusations.
How Do I Prove Liability in a Negligent Security Case?
As the name suggests, negligent security cases are based on negligence, a legal cause of action with a similar meaning to the word “carelessness.” There are four legal elements required to demonstrate negligence:
- Duty of Care – Given the circumstances, did the property owner owe you a duty of care? This refers to the notion that owners of property must keep their premises reasonably safe for visitors.
- Breach of Duty – Was the property devoid of adequate security measures? If so, the property owner has breached their duty of care.
- Causation – Did the lack of proper security cause your injuries?
- Damages – Did you sustain injuries and harm due to the property owner’s breach of duty?
You must submit enough proof to establish each element “by a preponderance of the evidence,” meaning enough to show that each element is more likely true than otherwise.
How Much Time Do I Have To File a Negligent Security Claim in Florida?
In most cases, you will have two years from the incident date to file a negligent security claim. This deadline is set by the State of Florida’s statute of limitations. If you submit your claim too late, you will forfeit your right to pursue compensation.
Note that Florida used to give victims four years to file a legal cause of action. However, the law was updated on March 24, 2023 – meaning if your negligent security incident happened after that date, you have two years to file your lawsuit.
Because there are exceptions to this deadline that could apply in some circumstances, we recommend that you get in touch with our law office in Clearwater to confirm the correct timeline for your case.
Schedule a Free Case Review With a Trusted Clearwater Negligent Security Attorney
If a premises had inadequate security measures in place and you suffered injuries as a result, you might have a valid negligent security claim to pursue. Our seasoned Clearwater negligent security attorneys with Roman Austin Personal Injury Lawyers can handle your claim while you focus on your health and well-being.
We strongly believe that accident victims shouldn’t have to shoulder an additional financial burden by hiring an attorney out-of-pocket. That’s one reason why we work on a contingency fee basis. With this payment system, you’ll only pay us attorney’s fees if we settle or win your negligent security claim.
Contact us today by phone or online message to schedule your free case evaluation.
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