If you were assaulted, sustaining severe injuries on someone else’s property or, in some circumstances, your own home, you might be entitled to compensation. The negligent security lawyers at Dismuke Law can help you seek compensation not only from the assailant but from the property owner who failed to take reasonable steps to protect you.
In Florida, you may be able to seek compensation if a property owner fails to provide adequate security measures when they knew or should have known that there was a “zone of risk.” If you have suffered injury due to the criminal act of another you should contact a negligent security lawyer for a free consultation to determine if you are entitled to compensation.
For a free legal consultation with a negligent security lawyer serving Lakeland, call 863-250-5050
Negligent Security Lawyer’s Analysis of a Case – Duty
The Eleventh Judicial Circuit Court of Appeal summed up Florida law regarding the duty owed in negligent security case by a property owner or business owner to an invitee inBanosmoreno v. Walgreen Co., 299 Fed. Appx 912 (11th Cir. 2011),
Under Florida law, a business owes invitees a duty to use due care to maintain its premises in a reasonably safe condition. This includes the duty to protect customers from criminal attacks that are reasonably foreseeable.
An invitee is typically considered to be one who enters upon the premises of another for purposes connected with the business of the owner or occupant of the premises.
There are countless examples of incidents where people are injured or killed by an assailant on private property. The question for a negligent security lawyer becomes: did the property owner or business owner fail to provide adequate security when it knew or should have known about a foreseeable risk to invitees?
A duty may also arise by other means as pointed out inVic Potamkin Chevrolet v. Horne, 505 So. 2d 560 (Fla. 3d DCA 1987), the duty to protect strangers against the bad conduct of another can only arise if, at the time of the injury, the defendant is in actual or constructive (effectively) control of one of the following:
the premises upon which the tort is committed; or
the tortfeasor (the person who commits the violent act).
Negligent Security Lawyer’s Analysis of a Case – Foreseeability of the Risk
A critical element of a successful negligent security case is the injured parties ability to establish that the defendant(s) knew or should have known that a risk exists. A case regarding foreseeability was the Florida Supreme Court decision inHall v. Billy Jack’s, Inc., 458 So. 2d 760 (Fla. 1986). The Hall case involved a bar patron who was assaulted by another patron while watching a billiards game. Foreseeability can be established in the following ways:
By proving that a proprietor had actual or constructive knowledge of a particular assailant’s inclination toward violence or by proving that the proprietor had actual or constructive knowledge of a dangerous condition on his premises that was likely to cause harm to a patron.
A dangerous condition may be indicated if, according to past experience (i.e., the reputation of the tavern), there is a likelihood of disorderly conduct by third persons in general which might endanger the safety of patrons or if security staffing is inadequate.
If the lounge management knew or should have known of a general or specific risk to [the victim] and failed to take reasonable steps to guard against that risk and if, because of that failure, Hall was injured, [the business owner] may be shown to have breached its duty and may be held financially responsible for [a victims] ’s injuries.
The Courts have acknowledged foreseeability can be established by a general zone of risk in multiple ways. One Florida court noted that the factors to be considered when establishing foreseeability are:
Industry standards of care in providing security measures;
Community crime rate;
The extent of assaults or criminal activity in the area or in similar business enterprises; and
The presence of suspicious persons and the peculiar security problems posed by the design of the premises.
Focusing on the third factor, the extent of assaults or criminal activity in the area or in similar business enterprises, both proximity of time and geography of similar criminal activity can establish foreseeability. One method often used is collecting data of reported crimes in a given area around the location of the incident and presenting it through a crime plot. Below is an example showing crimes in New York City in 2019:
In establishing criteria, negligent security lawyer can present evidence of similar criminal conduct is close geographic proximity along with close temporal proximity, meaning how close together the crimes occurred. Ideally, a negligent security lawyer can establish that crimes were committed on the same property within a couple of years before the plaintiff’s incident.
Negligent Security Lawyer’s Analysis of the Case – Not just commercial properties
Many negligent security cases arise out of a lack of security in apartment complexes. There are far too many “slum lords” going around collecting money from tenants and the government for maintaining apartment complexes that are havens for violent crimes. These slum lords do not care about the safety of their tenants or any invitees. If you have been seriously injured in your apartment complex or at another complex where you were invited to enter, a landlord may be held liable for failing to implement security measures that would deter such crime.
In addition to multifamily properties, negligent security cases can in your own home where a private security company or another third party charged with providing security fails to do its job. The Third District Court of Appeal dealt with this type of case in50 State Sec. Serv. V. Giandrandi. The claimant, the Estate of Lidia Giandrandi, brought suit after Lidia Giandrandi was murdered in her own home in a gated community. The Estate’s attorneys were able to establish that at least one security guard was to be patrolling the community in a vehicle “continuously.” To ensure the guard was moving, there were checkpoints located within the community. There were approximately two hours during which time the security failed to check in to any of the checkpoints in the early hours of the morning, during which time Ms. Giandrandi was murdered.
Violent crimes happen every day in Florida. Property and business owners must take reasonable steps to protect their invitees, and when the evidence shows they fail in their obligation, there must be accountability. If you or someone you know has been the victim of a violent crime involving serious injury or death, call the negligent security lawyers at 1-800-ASK-DAVE, we’re here to help.
If you suffer an injury because of someone else’s negligence in a car crash, you may have numerous questions about your rights to hold the other party liable. One question that may arise is, does
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David and his team were great at keeping me informed and involved in the entire process for my case...As advertised Dismuke Law delivered the results I was hoping for. I highly recommend Dismuke Law.
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My experience with Dismuke Law was GREAT! Everyone was so polite and the staff made me feel I was their only client! If I ever need an Attorney again I will be choosing Dismuke Law!
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Dismuke Law turned a not-so-great situation into a pleasant experience
Dismuke Law turned a not-so-great situation into a pleasant experience. I would definitely recommend them to those in need.
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When we had a question the office staff routed our call and we got a response in real-time. They were always courteous and very pleasant to talk with.
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I hired Dave Dismuke to help me with a legal issue. From our very first meeting, I could tell I had hired the right attorney for the job. He took interest and got all the information he needed to get started. His staff was very helpful and always had an answer to my questions when I called. I would definitely recommend David. He stayed in contact with me on a regular basis to update me on the progress. I was very happy with the results.
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Cristina was descriptive and put me on the right path to have my issues resolved.
I had several questions pertaining to a legal matter and was able to have every question answered in a timely and professional manner by Cristina the paralegal, she was descriptive and put me on the right path to have my issues resolved. I was extremely impressed. Will recommend!
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Always goes the extra mile and never gives up.
I've had the pleasure of working with Cristina, she is very professional, hard-working, and dedicated. Always goes the extra mile and never gives up. I will always recommend Dismuke Law for their professionalism, dedication and top priority, and quality of service.
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I want to thank everyone at Dismuke Law, for always going above and beyond for me! I could not have asked for a better attorney or a better team to represent me! And a special thank you to Cristina Dunaway for all that you have done for my family and me. I am eternally grateful and I pray that God blesses you all at Dismuke law the same way he blessed me with you to help me through my darkest hour.
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Beth and I have come to know and appreciate Jennah for helping us with our case. She has been patient with our many queries about what to do and when to do whatever needs to be done. Jennah has always been courteous when we asked for help and information.
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Dismuke Law is a very professional law firm and has a beautiful office and has even nicer staff! Jennah has been super great and helpful for us!
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Thank you and your team for being just so awesome and understanding!!
I would like to personally Thank Mr. Dismuke and his team for always being there for me during a very frustrating and difficult time. I called Mr. Dismuke and his team and immediately they sent an investigator out within 30 mins of our phone call and two hours later they were calling me to schedule doctor appointments. Jennah his asst has been just wonderful I recently suffered a severe concussion due to a drunk driver that hit me and my 4yr old son. Jennah has taken the time to schedule all of my appointments that were needed to get me on the right track to feel like my old self. She has also taken the liberty to text me all the information that I needed which was a relief for me because it’s hard to remember a lot of things. This whole process has just been headache-free. Thank you and your team for being just so awesome and understanding!!
Cristina has always been very helpful.
Cristina has always been very helpful to other paralegals in Florida and the nation. Thank you.
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Jennah was always very professional, positive, friendly, and willing to help.
Jennah Williams previously worked for me for a few years. During this time Jennah pushed herself to learn about the operation until she was able to do any task. Jennah was always very professional, positive, friendly, and willing to help. It was a sad day when she left.
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I'm an adjuster and I have worked with Jennah on a few claims and she was very helpful and professional!
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Jennah Williams is a pleasure to work with, always so nice and eager to help!
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Cristina works in a very professional and respectable manner.
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Cristina Dunaway is always a pleasure to work with!
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Cristina is awesome and the most polite person!
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Beautiful office conveniently located in downtown Sebring.
Beautiful office conveniently located in downtown Sebring. Wonderful place to work. Pleasant staff.
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Dave and his staff worked hard for me and always did what was in my best interest.
I worked with Dismuke Law and have been extremely pleased with my experience. Dave was always kind and understanding of my situation. He and his staff worked hard for me and always did what was in my best interest. I would definitely recommend him to anyone who needs representation.
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What can I say? Dave and his team are the best! Dismuke law is who I will use for the rest of my life. I recommend him to friends and family every chance I get. Communication is 5 stars between him and his clients. Putting you first. Aggressiveness and motivation is 5 star. He gets the ball moving! My case manager Stephanie Crumbley is but a phone call away. To answer any and all questions I may have. And responds quickly with answers. I have total confidence in him and his team. My worries about getting pushed around in the courtroom are no more. And knowing that I have the best in my corner. Brings a great deal of relief in these difficult times. Definitely worth the phone call!
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Dismuke Law is the first place we would call. They did not disappoint!
A few years ago, my son was injured in an auto accident. We called attorney David Dismuke as we were told that his paralegal Cristina was one of the best. They did not disappoint. If either myself or my son ever needed an attorney again, Dismuke Law is the first place we would call.
- Daniel R.
Dismuke Law delivered the results I was hoping for.
David and his team were great at keeping me informed and involved in the entire process for my case. Chris is down to earth and never wavered in his confidence as we approached the final days of the process. As advertised, Dismuke Law delivered the results I was hoping for. I highly recommend Dismuke Law.
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Mr. Dismuke and his staff's dedication and service to his clients are unparalleled.
Mr. Dismuke and his staff's dedication and service to his clients are unparalleled. He was always there to help answer any questions. I am very happy with the end result, and that is hard to do especially in such a difficult situation. I would highly recommend this firm - simply the best!
- Michael D.
Great lawyers, great staff and always a pleasure to work with!
Great lawyers, great staff and always a pleasure to work with! I would have no hesitation referring a family member, friend or co-worker to Dismuke Law for representation! Christina, Alexis, Jennifer, Dave, Chris, and Will are of the highest caliber both professionally and personally!
- Tom D.
I would highly recommend Dismuke Law to anyone in need of a personal injury lawyer.
David's attention to detail, honesty, and caring attitude toward clients, staff, fellow colleagues, and others is what makes him one of the best lawyers in Polk County. I would highly recommend Dismuke Law to anyone in need of a Personal Injury Lawyer.
- Courtney A.
If I ever need an attorney again, they'll be who I call.
After my car accident, I didn’t really want to deal with anything. I was already going through so much dealing with the pain, Doctor’s and physical therapy. But the team at Dismuke Law made this process very easy. All the people in that office are amazing and so nice. They made sure my case was handled and completed in a timely fashion. It really went by so quickly. The people are so sweet and understanding of what you're going through, especially Alexis Costa!! She is a sweet and intelligent young woman. She went out of her way to make me feel comfortable and explain things to me that I didn’t understand. I just really want to Thank the team at Dismuke Law for everything that y’all done for me. If I ever need an attorney again, you’ll be who I call. Thank you!!
- Carrie M.
Great customer service!
Great customer service, Nicole was a tremendous help on the phone!
- Jen H.
Now I understand why, this is proactive, get things done kind of firm.
I never needed an attorney before February, not sure who would be the best option for me after my accident. I started by looking at reviews, and after checking out several firms, I decided on Dismuke Law. The firm had the best reviews and everyone seemed happy at having chosen Dismuke Law. Now I understand why, this is proactive, get things done kind of firm. I was in need of medical and dental attention after my accident, not being able on my own to get what I needed everyone went into action, getting my problems taken care of. One of my biggest things was that my dentures were broken in my fall, I was getting married in a couple of weeks, and refused to get married without them. I will be picking up my dentures on Thursday, March 28, and getting married March 30th. This would have never happened if it had not been for Alexis Costa. She is the best. When she realized how upset I was she began getting me answers as to where to go and what to do so I could get what I needed and not have to cancel my wedding. Also a big Thank You to Jennifer, one of the investigators, she came to me very quickly to get the process started. I spoke with Mr. Dismuke by phone, he is a very caring and understanding man, explaining every step of the process as we go along. I know I have forgotten others that I have spoken to in the office, but please know I appreciate and thank each of you for everyone that has and continues to be there for me in this process. YOU ARE ALL THE BEST!
- Sandy N.
David is professional and has a vast knowledge of his field.
I’ve personally known David for many years. He is professional and has a vast knowledge of his field. I would highly recommend using Dismuke Law.
- Ashley B.
The staff was amazing!
I was referred by a friend. The staff was amazing. Jennah was very accommodating and was able to answer all of my questions. I would highly recommend this law firm.
- Connor V.
Very knowledgeable and friendly.
As a colleague of Will Dennis, I highly recommend him. Very knowledgeable and friendly - the kind of lawyer you want to build a relationship with. He pulls from a deep and diverse knowledge base and is one of the hardest workers I know. He spent years serving our great State of Florida prosecuting criminals, and now all that courtroom experience is available for hire. A great lawyer and a great guy.
- Garrett C.
I will definitively rely on this office for all my legal needs.
I randomly called this office seeking legal advice and had the pleasure of speaking with Stephanie, she was very polite, helpful and put me at ease regarding my legal needs. Stephanie was the first person I spoke to and based on my interaction with her I will definitively rely on this office for all my legal needs. If you are looking for any help regarding legal needs, I highly recommend giving Stephanie a call so she can lead you to the right person for you.
- Kyla E.
David Dismuke is an expert in his field and maintains a “client first” perspective that gets results!
I have had regular communications with this firm for over a year and a half now. Each time I am impressed. Jennah, whom I have spoken with most often, is always prompt in returning my emails/calls. She is always professional, knowledgeable, and compassionate- which is exactly what you need during such a stressful time. David Dismuke is an expert in his field and maintains a “client first” perspective that gets results! I have and will continue to recommend Dismuke Law.
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