Frequently Asked Questions About Negligent Security Claims
Three people died and 11 were wounded when a shooter opened fire at a Madden video game tournament in August. One of the victims recently filed a negligent security lawsuit against the facility that hosted the event as well as EA, the makers of Madden.
Negligent security lawsuits are common when a facility fails to prevent a crime from happening on the premises. Here are a few frequently asked questions about filing a negligent security claim in Florida:
Q: What is a negligent security lawsuit?
A: A negligent security lawsuit is a type of negligence claim. It’s filed against property owners when a lapse in security results in injury. Florida businesses have a duty to keep their customers safe and provide basic security to prevent foreseeable dangers (like robberies).
Q: What is an example of negligent security?
A: The Madden tournament victim argues that the venue and EA “failed to provide a safe and secure environment,” which resulted in him being shot twice during the event. Specifically, he says Jacksonville fire marshals found three fire code violations (like blocked exits). He claims that this negligent security caused his injuries.
Q: How do you prove a negligent security claim?
A: There are three elements of negligent security plaintiffs must prove in order to win their case. First, the property owner had a duty to provide basic security measures. Second, the injury was actually caused by the lapse in security. And finally, the plaintiff suffered physical, financial, property or other damages. The injury must also be foreseeable.
Q: When should I file my negligent security lawsuit?
A: The deadline, or statute of limitations, for filing a personal injury lawsuit in Florida is four years from the date of the injury. If you’re suing on behalf of a loved one who died from their injuries, you can file a wrongful death lawsuit. But you must do so within two years of the death.
Q: Florida is a comparative fault state. What does that mean?
A: This means that damages are apportioned among wrongdoers according to their percentage of fault. If the plaintiff is even partially at fault for her own injuries then the amount of damages she receives will be reduced accordingly.
Q: How much can I receive in damages?
A: Personal injury plaintiffs can receive two types of damages: compensatory and punitive. Compensatory damages are what they sound like. They make the victim whole, which might mean compensation for medical expenses or pain and suffering. Punitive damages, however, are designed to punish the wrongdoer. Florida doesn’t limit the amount of compensatory damages available to injured plaintiffs. But the state does cap punitive damages at three times the amount of compensatory damages awarded, or $500,000.
Contact Us Today
Contact a Jacksonville personal injury attorney at The Pendas Law Firm today for a free consultation if you are injured because of a facility owner’s or event organizer’s negligent security. We will help recover compensation for your injuries, including medical expenses, lost wages, and pain and suffering.
The Pendas Law Firm also represents clients in the Miami, Fort Myers, West Palm Beach, Orlando, Tampa, Fort Lauderdale, Daytona Beach and Bradenton areas.