Florida Private Security & Law Enforcement Liability Attorney
In Florida, property owners have a legal duty to keep their premises reasonably safe for guests, visitors, and customers. This duty includes the obligation to have adequate security measures in place. Unfortunately, some property owners fail to provide appropriate security to individuals who enter their property.
At HD Law Partners, our knowledgeable Florida private security & law enforcement liability attorneys represent clients who have been injured due to negligent security as well as entities who have been wrongfully accused of failing to provide adequate security.
We also defend law enforcement officers and agencies facing liability due to “wrongful acts” and represent victims of police misconduct whose civil rights have been violated.
What is Negligent Security?
Negligent security cases, also referred to as inadequate security cases, are a form of premises liability action that deals with residential and commercial property owners whose failure to provide the right level of security results in injuries and damages to visitors, guests, and customers.
Under Florida premises liability law, property owners have an obligation to protect people who enter their property from third-party crimes as long as the crimes were foreseeable.
Proving that an act of crime was foreseeable and preventable is usually the toughest part in negligent security cases. That is why it is vital to seek the legal counsel of an experienced attorney to help you hold the property owner liable for your damages and losses.
Who Can Be Held Accountable for Negligent Security?
As mentioned earlier, both residential and commercial property owners can be held liable in negligent security cases. Places where visitors, guests, and customers can get injured due to foreseeable crimes perpetrated by third parties include:
- Parking lots
- Grocery stores
- Shopping malls
- Apartment buildings
- Government buildings
- Sports venues
- Concert venues
Negligent security can contribute to crimes such as:
- Sexual assault
When a visitor is injured in a foreseeable criminal activity on a residential or commercial property, they can sue the owner of the property for inadequate security measures.
Examples of Negligent Security
A property owner can be held liable for the injuries and damages incurred by visitors, guests, and customers as a result of their failure to provide sufficient security. Common examples of negligent security include a property owner’s failure to:
- Install, fix, or monitor security cameras
- Respond to security alerts in a timely manner
- Provide adequate lighting on the property
- Hire or train security guards
- Fix broken windows, doors, locks, gates, and barriers
- Lock gates to prevent third parties from entering the property
- Warn visitors of known risks and hazards
If your injury was caused by a third-party crime on someone else’s property, you might be able to hold the property owner liable for your injuries due to their failure to have adequate security measures in place. Consult with an attorney to discuss your legal options.
Why You Need a Private Security Attorney
It can be tough to prove the property owner’s liability in a negligent security case. That is why it is critical to have a skilled attorney on your side if you or your loved one has sustained injuries due to the property owner’s failure to provide adequate security.
An experienced private security attorney can help you prove your case and recover the following types of damages on your behalf:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage (e.g., your phone was stolen or damaged in a crime)
- Emotional distress
These and other damages may be available in your negligent security case if your attorney can prove the property owner’s liability for third-party criminal activity.
Law Enforcement Liability Cases in Florida
Law enforcement liability cases are based on allegations of:
- Use of unreasonable or excessive force
- False arrest
- False imprisonment
- Negligent training or discipline
- Malicious prosecution
- And others
Due to the serious nature of the allegations, law enforcement liability cases require in-depth investigation. Often, these cases result in lengthy trials and complex litigation processes.
What is Law Enforcement Liability?
The term “law enforcement liability” refers to the potential culpability for damages which may result from wrongful acts on the part of law enforcement officers and departments.
Covered acts may include:
- Use of excessive force
- False arrest & imprisonment
- Invasion of privacy
Covered acts vary from one agency to another and may or may not involve specific insurance coverage.
What if You Are a Victim of Police Misconduct?
Our attorneys at HD Law Partners also represent victims of police misconduct. If a law enforcement officer or department violated your civil rights, our attorneys are committed to fight for you and hold the liable parties accountable for their wrongful acts.
We represent victims of the following types of police misconduct:
- False arrest. Law enforcement officers must have either a warrant or probable cause to arrest someone. When a police officer fails to follow proper procedures when arresting a person, they can be sued for false arrest.
- Malicious prosecution. Citizens can sue law enforcement for malicious prosecution when the police violate their constitutionally protected right to liberty.
- Use of unreasonable or excessive force. Many police misconduct cases are based on allegations of excessive force. While law enforcement officers can use a reasonable amount of force, that amount cannot exceed that which was reasonably necessary under the totality of circumstances.
- Failure to intervene. When a police officer witnesses another officer violating someone’s civil rights but does not do anything to stop police misconduct, they can be held responsible for failure to intervene.
Contact a Florida Law Enforcement Liability Attorney
At HD Law Partners, our attorneys have successfully defended law enforcement agencies and officers in liability cases for over 10 years.
We have a track record of success in representing both Plaintiffs and Defendants in law enforcement liability cases. While we are committed to protecting the officers who act properly, we are also dedicated to helping the citizens whose civil rights have been violated.