Premises Liability Questions About Negligent Security

What is the difference between civil and criminal battery?

A battery can result in the victim suing the perpetrator of the battery and/or the owner or operator in which the assault or battery took place to recover compensation for the injuries he or she suffered. An assault or battery can also result in criminal charges, or in both criminal and civil action. In a criminal proceeding, the perpetrator is prosecuted by the district attorney's office.

What is a negligent security claim?

Negligent security is a theory of premises liability the victim can use as a claim for pursuing compensation, or money damages, from the owner or operator of a premises in which the assault took place. Under Florida premises liability law, the owner or possessor of a premises owes certain legal duties to a business invitee (the invitation can be implied and extends to just about anyone in a place of business). A failure of the owner or possessor of a premises who does not meet these obligations may share responsibility for personal injury resulting from certain security breaches, among other causes.

What are some of the security-related legal duties a business owner or operator owes its patrons and employees?

The business owner or operator has an obligation to provide a reasonably safe environment and, depending on the foreseeability of an attack and the relationship he or she has those on his or her property, may need to take additional measures.

What are some of the precautions a business owner or operator can take to fulfill his or her obligation to provide a "reasonably safe environment"?

 Some examples include the following:

If it is found that the business I was at was negligent in providing adequate security when I was assaulted, what damages could I recover?

Potential damages may include:

In cases where the inadequate security was the result of gross negligence or reckless indifference, then a punitive damages claim may apply.

For a free and confidential assessment of your negligent security claim, contact our local personal injury attorneys today.