Sexual / Physical Assault
Sexual and physical assault cases fall under an area of premises liability law generally known as negligent security. These claims stem from the negligent failure to ensure against a dangerous condition on the property (i.e. lack of security) by the property owner or person maintaining the property, which allow for third-party attacks on the property. This means that the property owner fails to provide sufficient security so as to prevent an attack on the property. The property owner is accordingly responsible for damages and injuries caused by the sexual or physical assault on the property due to their negligence.
For example, if a person is on the property of another, and is either physically or sexually assaulted, the property owner can be held responsible for the injuries sustained by the assaulted individual. Common examples of this include when a person is attacked in a shopping mall or apartment parking lot or when an individual is sexually assaulted in a stadium or amusement park.
In determining the requisite security for a business establishment, many different factors can be taken into account. If the area is known to be a high crime location or if the specific store has been the site of previous attacks, this may help to establish foreseeability of a sexual or physical assault on the property, and in turn require more security.
Regardless of where you are injured, whether it be in a shopping mall, an apartment complex, a club on South Beach or one of the many South Florida stadiums, feel free to contact our firm, Halpern Santos & Pinkert, P.A., so that we can attend to your legal needs. We have been handling negligent security matters for over 30 years and will do our best to provide you with the legal support and expertise that you need.