Inadequate Security, Landlord Liability
At some point in time, many of us have had to make rent or lease residential or commercial property from someone else. Details of the agreement between landlord and tenant such as remittance of payment and duration of use are obvious, however landlords will often include clauses in the fine print of the agreement that address liabilities that may arise during the tenant’s stay. Oftentimes these clauses will use language that attempts to exempt the landlord from bearing responsibility in the event of any kind of liability in which their tenant is injured while they occupy the landlord’s space. Florida law requires that landlords uphold their duty to protect their tenant from reasonably foreseeable criminal conduct. More specifically, Florida Statute 83.47 nullifies any clauses that attempt to completely exempt a landlord from any liability and entitles the tenant to collect damages if the landlord failed to provide adequate security on their premises. The Fort Lauderdale premise liability attorneys at The Ansara Law Firm have handled cases in which landlords failed to provide adequate security for their tenants, resulting in injuries sustained by these tenants, and have assisted them in receiving compensation for damages incurred as a result of lack of adequate security. We firmly believe that no person should have to continuously suffer due to the negligence of another.
Maintaining adequate security on an apartment building, residential home, strip mall, or commercial complex is very important in order to maintain the safety of the tenant and to keep the landlord away from potential legal disasters. Landlords, under Florida Statute 83.51 have an “obligation to maintain premises.” This could include basic security measures to protect tenants from foreseeable criminal attacks. People have a right to be reasonably safe from foreseeable harm and victimization. For example, if a landlord rents a house in a high crime area with no locks on the doors to a tenant who is later attacked by a criminal in that lockless dwelling, the landlord failed to fulfill their obligation to maintain premises and could therefore be held liable.
In 2011, a business invitee of the amusement park chain, Boomers, was leaving the park after midnight when he was involved in an argument with some teenagers that took a turn for the worst, and wound up taking a bullet. The defense argued that the plaintiff, Boomers, provided inadequate security because their park and parking lot are in high-crime areas and some kind of preventative measures should have been taken to prevent similar events from occurring. The court ruled in favor of the plaintiff, ordering that damages of $4,255,280 be paid out to the plaintiff for present and future medical expenses. The interesting thing about this particular case is that occured on a side street next to the premise, however Boomers was still found to have been 90% negligent.
There are an abundance of these kinds of cases in the state of Florida. Premise liability laws state that property owners will be found to have acted negligently if criminal acts have happened several times in the area, they are likely to occur again and property owners therefore must provide security to minimize damages in the future. If you were attacked on a premise in which a heightened level of security could have prevented an incident, call the Fort Lauderdale premise liability attorneys at The Ansara Law Firm today for a free consultation. We firmly believe that every person has the right to basic safety and security when they go out to enjoy places such as Boomers amusement park as mentioned in the case above. Most people have an expectation of not being shot when visiting parks, and preventative security measures are there to ensure that these things to not happen, especially when these locations are in high-crime area such as Dania Beach. Medical bills can be extremely expensive and difficult to bear on one’s own depending on the severity of the injury incurred. If you believe that a property owner failed to provide adequate security on the premise in which you were attacked or injured, you may be entitled to compensation for your damages.
If you or a loved one were recently attacked on a premise with inadequate security, call The Ansara Law Firm at (954) 761-4011 for a free consultation to discuss potential financial compensation for any damages incurred.