Florida Waffle House Liable for Negligent Security Robbery
By Team at Zimmet & Zimmet, In Personal injury
A Fort Myers jury recently awarded $1 million to a man who was robbed outside of a Waffle House. On April 19, 2014, Steve Long was attacked after leaving the Waffle House on Highway 75 between Miami and Naples. He sustained several injuries, including bone fractures and serious traumatic brain injury. After the incident, he filed a lawsuit against Waffle House, claiming negligent security was to blame for his attack. His attorney argued that the restaurant lacked security in an area that was known for violence and crime. The jury agreed and the restaurant was ordered to pay the hefty penalty.
Premises Liability and Negligent Security
Negligent security claims fall under the umbrella of premises liability negligence. When a business or property owner fails to adequately secure their property, it can be held liable for crimes that are committed on that property. Robberies, rapes, and assaults often occur due to a lack of security. Commercial parking lots, garages, and alleys that are poorly lit and inadequately monitored are particularly dangerous. If you were injured on another person’s property and believe that negligent security was to blame, you have a right to seek compensation. Our experienced personal injury lawyers can help you file a claim and hold the property owner responsible.
How to File a Premises Liability Claim
To successfully argue a premises liability claim, your attorney must clearly establish 4 factors:
- That the Property Owner Owed a Duty of Care to the Victim – This includes protecting guests and patrons from crimes that are reasonably foreseeable and preventable.
- That the Duty of Care Was Breached – A breach of duty can occur when a property owner recognizes increased crime in their community but fails to take action by installing better security, improving the lighting, or trimming overgrown bushes.
- That the Breach of Care Was the Cause of the Crime – Negligent or inadequate security can create an environment that encourages criminal activity.
- That the Victim Sustained Injuries As a Result of the Crime – Injuries sustained must be quantifiable, and can include economic losses like medical bills, and non-economic losses including pain and suffering.
In the state of Florida, premises liability claims must be filed within 4 years of the crime or the accident. If you miss this deadline, which is known as the statute of limitations, you will not be able to file a claim. An experienced Daytona Beach premises liability attorney can help you file the necessary paperwork to ensure you don’t miss any critical deadlines.
Have You Been Injured Because of Negligent Security?
At Zimmet & Zimmet, our Daytona Beach premises liability attorneys know the complexities surrounding these cases. If you or someone you love has been injured because of negligent security on someone else’s property, we can help. With offices conveniently located in Daytona Beach, we are here for you when you need us. Contact us today at (386) 255-6400 to schedule a free consultation and review of your case.