Under Florida law, property and business owners have a duty to keep that property or business in a reasonably safe condition. This duty may include hiring security personnel to monitor and/or patrol the premises to ensure guest safety. Nightclubs or bars often employ bouncers. Malls and commercial properties typically employ security guards. Some residential neighborhoods also employ security guards. Hotels and resorts usually employ security guards.
Do I have a claim for the intentional acts of third parties?
If you were assaulted, victimized, or injured by a third party, you may have a claim against the property owner if they did not provide adequate security. Sometimes the injury is a result of the property not providing enough security or not providing adequate security. Even if a commercial or residential property does not employ security guards, it may still be liable for injuries caused by foreseeable acts of third parties. If the property is located in a high crime area or there have been prior similar incidents on the premise, the property owner cannot simply ignore the warning signs and refuse to take reasonable steps to ensure guest safety. You may have a claim against the property owner.
What if the security guard or bouncer is the person who caused the injury?
Sometimes the security guard or bouncer may be the person who caused the injury. While security guards and bouncers are employed to ensure guest safety, they are not police officers and can not overstep their boundaries. Contrary to what most people think, bouncers and other security personnel do not have the right to physically harm you. Not only may they be liable for their intentional acts, but the property or business owner may also be liable for negligent security. If you have been injured by security personnel on someone else’s property, the owner of the property may be liable for their actions under a claim for negligent security, negligent hiring, or even negligent retention of employees.
The most common places that people are injured as a result of negligent security include:
- Bars and nightclubs
- Condominium Associations
- Other commercial properties open to the public
If you or someone you know was injured by a third party or an employee, contact Steven J. Litvack for a FREE CONSULTATION to determine whether you have a claim against the property owner.