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When a Lack of Security Leads to Premises Liability

When a Lack of Security Leads to Premises Liability

When you go onto someone’s property as a guest, you expect that you will be safe. You don’t think about getting mugged or assaulted. However, this can happen even in the safest of neighborhoods. Without proper security, you could become a victim of crime and suffer serious injuries.

When you think of premises liability, slips and falls may be the first thing that come to mind. However, a lack of security can also lead to a premises liability case. Under the law, property owners have a duty to provide adequate security to invitees. When a lack of security leads to a crime that causes harm to a guest, the injured guest can sue the land owner and recover compensation for damages.

Examples of Negligent Security 

Negligent security may include the following situations:

  • A woman is sexually assaulted in a dark parking garage late at night.
  • A man is beaten by a burglar in a hotel when poor locks on the doors and no security in the lobby allows easy entry by an uninvited guest.
  • A woman suffers domestic violence when her ex-husband is allowed to easily enter her apartment due to a sleeping doorman.
  • A woman is raped at work by her office’s security guard because her company failed to do a background check on the man, who happens to be a sex offender.

What the Law Says

According to Florida law, a landowner has a duty to protect invitees from reasonably foreseeable criminal acts. Therefore, when a person seeks to recover compensation for injuries caused by an alleged premises liability case, the judge will determine whether a person is considered an invitee.

Florida recognizes three main types of invitees. A public invitee is someone, as a member of the public, is invited to enter one’s property for the purpose of which the land is open to the public. For example, a person who is a gas station to pump gas into their vehicle would be considered a public invitee.

A business invitee is someone who is invited to enter property for the purpose of doing business with the landowner. A person who is at the gas station to refill snacks at the convenience store as their job would be considered a business invitee.

There are also uninvited licensees, who are those who enter the premises solely for their own convenience or pleasure without invitation. For example, a person who comes to the gas station solely to meet up with friends and hang out would be considered an uninvited licensee. While they are allowed to enter the gas station, the property owner has no duty to keep the premises in a safe condition for them. 

Get Legal Help for Your Florida Personal Injury Case 

If you were injured while on someone else’s property due to a lack of security, you may have a valid case. Assault, rape, theft and other crimes can occur when you are an invitee on someone else’s property.

Before you agree to a settlement, contact the Tampa premises liability attorneys at The Pawlowski//Mastrilli Law Group. We can evaluate your case and ensure you receive the compensation you deserve. To schedule a consultation, call 813-242-4404 or fill out the online form.

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