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for Ft. Lauderdale, Miami & Florida Keys

What Constitutes Negligence?

Miami Negligent Security Attorney

Negligent security deals with a property owner’s failure to adequately secure their premises. This failure normally creates dangerous or unsafe conditions for visitors or, in some cases, employees. The conditions can occur on various types of properties in Miami and South Florida, including but not limited to:

  • Amusement parks
  • Academic institutions (i.e. schools, colleges, universities)
  • Bars
  • Hotels and Resorts
  • Malls and markets
  • Nightclubs
  • Nursing homes
  • Private clubs
  • Public places (i.e., parking lots and garages)
  • Residential areas such as apartment buildings, complexes and condominiums.
  • Restaurants
  • Retail stores
  • Sporting stadiums
  • Theatres
  • Workplaces

Do You Have a Negligent Security Claim?

In order to prove a negligent security claim, an individual must prove that the injuries he or she suffered were reasonably foreseeable. For example, if the property owner knew or had reason to know of prior dangerous incidents that occurred on the property, then the law may find he or she was placed on notice. The owner’s failure to subsequently make reasonable efforts to adequately secure the premises may result in liability.

Accordingly, a court must then determine whether the owner of the premises could have reasonably prevented the injury in question. The law frames this particular issue as whether the owner was the “proximate cause” of the injury. The owner will be the proximate cause if he or she satisfies a two-part, legal test:

  • If the owner would have adequately secured the premises, then the accident would have not happened.
  • The owner was the sole or predominant cause of the individual’s injuries.

Furthermore, owners sued under this legal theory will usually claim the following defenses: the injury suffered was not foreseeable i.e., owner never received notice of the conditions that made the premises unreasonably unsafe or insecure; there’s a “superseding cause” that terminates the owner’s liability; the owner took reasonable measures to adequately secure the premises. Nevertheless, each Miami and Ft. Lauderdale negligent security attorney at Brais Law Firm is equipped with the skills necessary to help you with your case.

The cases involving negligent security typically involve:

  • Rape & Sexual Assault Due to Inadequate Security – such as a bar or nightclub’s failure to make restrooms reasonably safe for patrons. Unlit or low-lit stairwells, walking paths, and parking lots also create the dangerous conditions necessary for these types of crimes. In addition to public places, private areas—such as apartments—may be the subject of an inadequate security case because of a landlord’s failure to install functioning locks and windows.
  • Guest & Visitor Crime (Victims of Battery, Assault & Robbery Due to Inadequate Security) – incidents involving a victim’s battery are commonly seen at sporting stadiums, specifically at events where vendors provide alcohol without the appropriate amount of security personnel. Assaults and robberies typically occur in dark and secluded areas where the owner has failed to provide adequate lighting or security officials.

Choose a Miami Negligent Security Attorney at Brais Law Firm

We want to help you with your negligent security claim. Review our Results page to see our recent success. When you’re ready, give us a call. You can schedule a free consultation in our main Miami office.

If you decide to move forward with your claim, it is at no risk to you. We operate under a contingency fee plan, which means you do not pay attorney fees unless we secure compensation for you. Call to schedule your consultation with an experienced negligent security attorney today: 1-888-238-5637.

Toll-Free 1-888-238-5637 Florida 305-779-5693

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Call a Miami personal injury lawyer at our office today to discuss your unique situation. There is no risk in calling our law firm. We represent our clients on a contingency fee basis, meaning you owe us no attorney fees unless we recover compensation for you.

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Miami Office

(Main Office)
Dadeland Towers
9300 S. Dadeland Blvd. Suite #103
Miami, FL 33156
Toll Free: 888-238-5637
Phone: 305-779-5693
Fax: 305-416-2902

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Boston Office

(Satellite Office By Appointment Only)
8 Faneuil Hall Marketplace 3rd Floor
Boston, MA 02109
Toll Free: 888-238-5637
Phone: 617-455-4741
Fax: 305-416-2902

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Houston Office

(Satellite Office By Appointment Only)
1200 Smith St. 16th Floor
Houston, TX 77002
Toll Free: 888-238-5637
Phone: 832-303-7045
Fax: 305-416-2902

*Specific details regarding previous verdicts and settlement results are not indications of the results of future cases and settlements, nor should they be held to be guarantees, warranties, or predictions regarding the result of representation by our firm. Furthermore, any message regarding the result of a specific case is not a promise of similar results in future cases, but rather represents the outcome of the specific legal and factual basis from which it arises.

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