Day: July 26, 2021

Criminal activity can happen at any time on a property. Negligent security is a part of premises liability that holds property owners liable for any injuries or damages on their property due to a lack of adequate security. Injury due to negligent security can be wide-ranging, such as assault, battery, robbery, or rape.

A negligent security lawsuit is solely based on the duty of landowners or property owners to offer reasonable security by protecting lawful visitors from any potential crimes of third parties. Negligent security lawsuits can occur if a crime could have been avoided or at least less likely to happen by implementing appropriate security measures.

Negligent Security Settlements

Understanding negligent security is important for both residential and commercial possessors or landowners. The duties for each of these types will often vary, depending on the situation. For example, it’s not the responsibility of a college student to provide adequate security at a dormitory, but it’s the role of the college to provide the necessary security measures.

Another example is a residential tenant having a duty to protect their guests within their apartment. Still, it’s the responsibility of the apartment complex to offer adequate security while on the parking lot. Hiring a security guard is often recommended in creating a safe space for parking lots and other high-traffic areas.

Working with a negligent security lawyer can help guide you throughout each step of the process. One of the main reasons for suing the possessor or owner of the property instead of the person that committed the crime is that it’s often easier to identify the owner instead of a stranger committing a crime. A possessor or owner is also more likely to have insurance for negligent security, making it possible to recover any of the damages.

How Can the Plaintiff Prove Negligent Security?

A plaintiff that sues for negligent security will need to prove that the possessor or landowner failed to provide reasonable care in discovering prior criminal activity or failed to give an adequate warning to keep a visitor from getting injured. The plaintiff also needs to prove that they were lawfully present on the property. The defendant failed in their duty to provide reasonable protection, and the plaintiff was injured due to a third party’s criminal act.

Foreseeability also plays an essential role in negligent security settlements. Most courts will decide foreseeability based on any prior or similar crimes at the same location that the possessor or owner was aware of, such as robberies, assaults, or rape. The court can also consider how many times parking lot security guards were called to visit an area to determine foreseeability.

What is Considered Adequate Security?

Determining adequate security for a specific property will vary with each case. A few of the most common ways to provide adequate security include investing in business security systems, hiring mall security, or using parking lot, security guards. Ensuring an area has sufficient lighting and parking lot security cameras is also vital in creating a more secure environment for visitors. Taking these additional steps for improving security is well worth the effort in keeping visitors safe and avoiding negligent security settlements.

Some states also have statutes that establish an inference of no negligence for taking specific security measures. For example, the state of Florida has a presumption against any liability for third-party criminal attacks for owners of convenience stores that take specific precautions against criminal activity. A few examples of these precautions include installing business security systems and displaying a sign near the cash register that says the register contains less than $50 while also using a drop safe.

Contact a Negligent Security Lawyer

Reaching out to a negligent security lawyer is always important if a crime happened on your premises to determine if you need to improve safety, such as hiring a security guard, installing parking lot security cameras, or investing in other business security systems. A negligent security attorney can also provide guidance on how to decrease the risk of a potential crime.

Graves Thomas Rotunda Injury Law Group practices negligent security cases for clients throughout Florida. Our team of lawyers can give you guidance and the support you need to ensure you receive adequate compensation. We are also available to answer any of your questions related to negligent security settlements. Reach out to Graves Thomas Rotunda Injury Law Group today to schedule a free consultation.

Amusement parks in Orlando are often a top destination for tourists visiting Florida. These amusement parks offer a wide variety of attractions for both children and adults. Many of these amusement parks are very busy during the summer months, holidays, and school breaks. However, it’s always important to remember that accidents and injuries can often occur at these parks. Reaching out to an amusement park accident attorney is important to ensure you receive guidance and that your legal rights remain protected.

Safety Responsibility of Amusement Parks

An amusement park accident can occur if safety protocols aren’t followed and if the ride or safety equipment malfunctions. A lack of training for park employees or negligent construction of a ride can even lead to amusement park deaths. Contacting an amusement park accident lawyer is essential to receive compensation and to get the help you deserve. All of the amusement parks must create a safe environment for each visitor. Not taking the necessary safety precautions can lead to amusement park injuries and deaths.

Types of Injuries

Most of the rides at amusement parks in Orlando consist of large machines that can result in severe injuries if the safety procedures aren’t followed or if any of the equipment fails. A few examples of amusement park injuries with rollercoasters include loss of a limb, brain damage, inability to walk, and loss of other motor skills. Other rides can also cause an amusement park accident, such as bruised ribs, spinal cord injuries, whiplash, and head trauma. Contacting an amusement park injury lawyer is essential if you are the victim of these injuries at a theme park.

Common Causes of an Amusement Park Accident

Most amusement park accidents happen due to reckless or negligent acts of an employee or malfunctioning equipment at the park. Some of the most common accidents at amusement parks include falling from water rides and roller coasters, mechanical failure of rides, and a lack of equipment inspection. Roller coasters are also becoming much more dangerous, as new rides are being built to travel at speeds over 100 miles per hour. These ever-increasing speeds are creating extreme g-forces, which can lead to numerous injuries.

How Roller Coasters are Designed

The vast majority of roller coasters are designed to reach an apex before descending into a curve to create an exciting experience for each rider. However, the limits of modern-day roller coasters are constantly being challenged, as some roller coasters can travel at such a high rate of speed to experience negative gravity. The rider will momentarily be separated from their seat due to negative gravity. The safety restraint system is responsible for keeping them safe and preventing them from falling out of their seat. However, an improperly secured or malfunctioning safety restraint can lead to brain damage, loss of a limb, broken bones, or even amusement park deaths.

Do Roller Coasters Impact Everyone The Same Way?

Most of the effects experienced while riding a roller coaster are usually the same unless it’s a small child or anyone with a light frame, as they may not be adequately secured. Safety restraints created with a one-size-fits-all mentality can often lead to amusement park injuries due to the person sliding around within their seat. Similarly, a larger person may also not be adequately secured while riding a roller coaster, which can cause them to fall out and become another casualty for amusement park deaths.

Often, the defendant in these amusement park lawsuit cases will attempt to avoid liability by stating the injuries on the ride were beyond their level of control. However, it’s important to remember that the safety of the rides is the sole responsibility of the amusement park, as they need to be held responsible for any amusement park injuries and deaths.

Many amusement parks in Orlando will attempt to reduce their exposure to potential lawsuits by displaying signs that say they aren’t responsible for any injuries for riders with a pre-existing physical condition. Contacting an amusement park injury attorney is vital in evaluating your case and giving you legal advice on the best way to proceed to ensure you receive the compensation you deserve.

Need a Lawyer After Visiting Amusement Parks in Orlando?

Graves Thomas Rotunda Injury Law Group is an amusement park accident attorney that works with a wide range of clients in helping them win their legal cases. Our experienced team of lawyers has worked on many amusement park injury lawsuit cases, as we understand the importance of always fighting for your rights. We are also available to answer any of your questions about amusement park deaths or accidents. Feel free to give Graves Thomas Rotunda Injury Law Group a phone call today if you are in need of an amusement park accident lawyer.