Negligent Security
A possessor of a premises owes numerous legal duties to a business invitee: (1) to use reasonable care to maintain the premises in a safe condition (2) a duty to use reasonable care to learn of the existence of any dangerous conditions on the premises, and (3) to give the invitee warning of concealed perils which are or should be known to the landowner, but are unknown to the invitee and could not be discovered by him through the exercise of due care. (4) Duty to correct or adequately correct a dangerous condition. An invitee is a person who enters and remains on the premises at the express or implied invitation of the person owning or possessing the premises.
The adequacy of the safety measures will vary according to the type of business. For instance, places of amusement, such as a sports stadium, have a continuous duty to look after the safety of patrons, since food and drinks are being sold, and customers are constantly carrying and spilling these items. A safety program must always take into account human imperfection and guard against foreseeable mistakes. In a retail setting, merchandise displays are positioned at eye level and designed to attract customer attention and generate profits. The customer is not expected to look down for hazards all the time.
In negligent security cases, it is only necessary the landowner be able to foresee that some injury will likely result in some manner as a result of his negligence. Allegations of prior criminal acts in the area are pertinent to determining foreseeability, and police records of reported crimes in the geographical area are admissible evidence on this issue. Crimes against both persons and property may establish foreseeability. Property crimes very often are stepping stones to crimes against persons; someone burglarizing a car who is surprised in the middle of the act by the car’s owner may assault the owner.
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Personal injury attorneys at Brumbelow Drechsel in St. Petersburg, Florida, represent clients throughout Florida and most frequently the Tampa-St. Pete metro area, including Tarpon Springs, Palm Harbor, Largo, Clearwater, St. Petersburg, Lakeland, Pinellas Park, and St. Pete Beach; from counties including Pinellas County, Hillsborough County, Citrus County, Manatee County, Sarasota County, Hernando County, and Pasco County.
