If you have suffered an injury as the result of negligent security or the failure of a property owner to adhere by premises liability laws, you should contact an experienced personal injury attorney right away.
Here in Florida, premises liability refers to a set of laws that hold property owners responsible for certain types of injuries that are suffered by people while they are on the property. Generally speaking, property owners and landlords are required to exercise reasonable care during the construction, management, and maintenance of all grounds and facilities. Providing adequate security against foreseeable crimes such as burglary, robbery, and assault is part of those responsibilities. An owner may be charged with negligent security under premises liability law if a crime occurs against a guest during their time on the property.
Property owners should also perform adequate inspections of their premises to guard against dangerous conditions. Unfortunately, not all property owners and landlords put the safety of their guests above their own profits. Often times, repairs and maintenance are left go, increasing the potential for an accident. And unfortunately, there have been far too many property owners and landlords who have been found to conceal known safety hazards.
The duty of care owed by the property owner or landlord will vary under common law, and it depends on whether or not the person who was injured on the premises was an invitee, a guest or someone who was trespassing. Those who trespass aren't generally entitled to the higher duty and level of care a landlord or property owner owes to their guests and invitees, however, in some jurisdictions it has been found that a property owners can be found responsible to hold a duty of reasonable care to everyone under all circumstances.
When it comes to civil liability, the status of a visitor will often become a relevant factor when a determination is made as to whether or not the injury was foreseeable, and if the owner is negligent. Patrons and customers of a store, or those who have been invited to a property for business purposes would be provided with more protections than someone who was trespassing.
Another factor to consider would be whether or not a trespasser is under the influence of alcohol or drugs. In fact, liability may be eradicated completely if this is the case. According to Florida Statute §768.075, immunity is provided for property owners against civil liability neglect for injury or death of anyone who trespasses upon real property while that person is legally intoxicated. The exception would be in cases of "gross negligence" which is far below the standard of care. Another exception may also be made in cases of "intentional misconduct."
The safety of guests and patrons while on the premises falls completely within the responsibilities of the property owner and landlord. In situations where the injuries sustained through negligent security are very serious, or when the crimes against those patrons were very serious, long term consequences such as post-traumatic stress disorder, physical disability, disfigurement and death can and have occurred.
