Negligent Security Sexual Assault Miami Attorney
At Flanagan Personal Injury & Wrongful Death Law Firm, P.A., we understand the pain, fear, and uncertainty following a sexual assault. We believe that by holding all responsible parties financially accountable, it can help you move on from your trauma. If someone sexually assaults you on public or private property, you may have a personal injury case against the property owner for failure to provide adequate security. Discuss your legal options with our attorneys for free. Contact the Flanagan Personal Injury & Wrongful Death Law Firm, P.A. today.
Why Choose Us
Our Miami premises liability attorneys have been in practice for years, aiming to recover maximum compensation for each client that comes to them for help. Michael T. Flanagan, our firm’s founder, was one of the youngest attorneys in the country to have obtained a multi-million-dollar settlement for a personal injury claimant. The following year, he obtained an even larger settlement of $5.2 million for a client. Our law firm has the experience, commitment, and passion to get the most for your negligent security sexual assault claim.
How Does Negligent Security Contribute to Sexual Assaults?
Sexual assaults occur most often when assailants believe police won’t catch them – in places where it is easy to trespass or to get away with assault without any witnesses. The most common settings for sexual assault, therefore, are dark, poorly lighted areas; places without security guards; buildings without secure fences, doors, or windows; and empty parking lots. Proper security measures can help prevent sexual assault by discouraging criminal activity.
Proper or acceptable security measures will depend on the history of crime in the area, as well as what a reasonable, careful property owner would do under the circumstances. During a premises liability claim for sexual assault, the Florida courts will analyze what the defendant should have done to prevent the crime, such as hire a security guard or repair a broken floodlight. If the courts deem that negligent security contributed to the sexual assault, the property owner could be liable.
Who Is Liable?
Liability refers to legal and financial accountability for a personal injury. Assigning liability is the burden of an insurance company or the civil courts, after hearing all the evidence for and against the defendant’s alleged guilt. In most negligent security sexual assault claims, the owner of the property on which the assault occurred will be liable for damages. Since adequate security is the property owner’s legal responsibility, failure to fulfill the accepted standards is negligence.
If a plaintiff (victim) can prove the sexual assault likely would not have happened but for the property owner’s failure to provide adequate security, the owner may be liable for damages. It is the plaintiff’s burden to prove he or she was lawfully on the property at the time of the assault, that the defendant owed him/her a duty of care, breached this duty, and that the sexual assault occurred because of the breach. Only with these elements of proof can a plaintiff recover damages from a property owner.
Why Do You Need a Lawyer?
Negligent security claims of all types can benefit from legal representation. Going up against a Miami property owner, insurance company, the criminal who assaulted you, and/or other parties in pursuit of financial compensation can be easy with a lawyer by your side. Hiring a lawyer can strengthen your case, lift the legal burden from your shoulders, and give you peace of mind. It can also improve the odds of securing compensation for your assault-related damages.
Contact Us Today
Retain the Flanagan Personal Injury & Wrongful Death Law Firm, P.A. for a group of lawyers who care about your safety, health, and future. Discuss your negligent security sexual assault claim and legal options with us today. Contact us online or call our Miami office at (305) 638-4143 for a free consultation.