Negligent Security in Parking Lots and Garages
Many businesses and apartment complexes have parking lots and garages that are used by hundreds or thousands of people each day. Even though there are generally numerous people going in and out of areas where people park throughout the day, there are often few people in an area at any given time. Therefore, parking lots and garages may present a high risk of assault and other criminal activity if they are not properly secured. Victims of negligent security in parking lots and garages may be able to recover compensation from the entity or person responsible for securing the area in certain circumstances. If you were injured due to criminal acts in a parking lot or garage, the Boca Raton negligent security lawyers at The Grife Law Firm can develop persuasive arguments on your behalf to assist you in your pursuit of the full amount of damages recoverable under the law.Dangers of Negligent Security in Parking Lots and Garages
There are many factors that may make a parking lot or garage an area ripe for criminal activity. For example, if a lot or garage is poorly lit, it may be unsafe for the people who park there. Additionally, crime often occurs in garages with areas that are not monitored by security personnel or cameras. Crime is also more likely to transpire in parking lots that are not secured by a gate or fence that requires a person to obtain permission before entering or exiting the lot. Crimes that often occur in negligently secured lots include assault, sexual assault, rape, and robbery, any of which can cause substantial physical and psychological injuries.Recovering Damages in a Negligent Security Lawsuit
Under Florida law, a person or company that owns a parking lot or garage may be held liable for harm caused by criminal activity in the parking area in some instances. Typically, a plaintiff alleging that a defendant should be held liable for negligent security must establish that the defendant owed the plaintiff a duty to make sure that the parking lot or garage was secure, but the defendant breached the duty, which created an area where crimes were likely to occur. The plaintiff must then prove that the defendant’s breach caused the plaintiff’s harm. In negligent security cases, the criminal act of a third party is the immediate cause of the plaintiff’s injuries. Thus, the failure to provide proper security does not need to be the sole cause of the plaintiff’s harm, but it must be a significant factor that contributed to the plaintiff’s harm. Additionally, the plaintiff and their attorney must show that the harm would not have occurred if the defendant had provided adequate security.
Generally, whether a defendant owes a duty to a plaintiff in a negligent security case hinges on foreseeability. In other words, to recover damages, the plaintiff must typically show that the defendant knew or should have known that crime was likely to occur in the parking area where the plaintiff was harmed, and thus the defendant should have provided greater security. In some areas that are prone to crime, the law specifically requires certain security measures, and a failure to use such measures can be introduced as evidence of negligence. For example, Florida Statutes Section 812.73(c) requires convenience store owners to have a well-lit parking lot, with lights that provide an intensity of at least two foot-candles per square foot at 18 inches above the surface. In other situations, evidence that can be used to demonstrate foreseeability may include statistics regarding crime rates in the area and facts regarding any prior crimes on the premises.Discuss Your Case with an Experienced Boca Raton Attorney
People should be able to park without worrying that they will be harmed, but unfortunately, many people in South Florida suffer injuries due to negligent security in parking lots and garages each year. If you suffered harm due to insufficient security, you should contact an attorney to discuss your rights. The Boca Raton attorneys at The Grife Law Firm are dedicated advocates for injured people, and we can gather evidence that will demonstrate liability for your harm. We regularly assist people in Boca Raton, Fort Lauderdale, West Palm Beach, and Miami. You can reach us at 855-998-0770 or through our online form to schedule a meeting to discuss your case.