Negligent Security and Convenience Stores: An Overview of Florida’s Unique Laws
In Florida, a business or property owner may be liable for a third party attack that occurs on its premises. All companies have a legal responsibility to provide adequate security to protect patrons and other guests. If you were injured in an attack, you can bring a premises liability lawsuit against a negligent business or property owners.
To hold a defendant liable in a negligent security lawsuit, you must prove that they failed to live up to their legal duties under state law. Notably, convenience stores are subject to unique regulations in Florida. Here, our West Palm Beach negligent security attorneys provide a brief overview of Florida’s Convenience Business Security Act.
Florida Law: Understanding the Convenience Business Security Act
What is the Convenience Business Security Act?
Florida recognizes that convenience stores are high-risk locations for criminal activity. For the purposes of the law, a convenience business is one that sells grocery items or gasoline and is open anytime between the hours of 11:00 PM and 5:00 AM.
The Convenience Business Security Act requires these businesses to take certain basic security precautions. If they fail to do so, they are more likely to be held liable for a third party criminal attack. If they comply with the law, then they are granted a presumption against liability in a negligent security claim.
What Do Convenience Stores Have to Do to Get a Presumption Against Liability?
In order to receive a presumption against liability under the Convenience Business Security Act, a South Florida convenience store must do the following four things:
- Install and maintain security cameras;
- Ensure that parking lots and other nearby areas are well-lit;
- Put an effective cash management device in place; and
- Put up an explicit notice indicating that the cash register contains a limited amount of money.
If the convenience store fails to comply with any of these requirements, then the business is not entitled to a presumption against liability under Florida’s premises liability laws.
Can You Overcome a Presumption of Immunity?
Yes. A presumption against liability shifts a legal burden onto the injured victim. That being said, it is not by no means a total shield against liability. Quite the contrary, a convenience store can be held liable for negligent security even if it complied with the terms of the Convenience Business Security Act.
As these cases are more complicated, it is imperative that a comprehensive investigation is conducted by an experienced Florida premises liability attorney. Our negligent security lawyers are ready to help you gather all evidence and information you need to prove negligence and recover financial compensation.
Get Help From Our West Palm Beach Negligent Security Attorney Today
At Pike & Lustig, LLP, our West Palm Beach premises liability attorneys know how to handle negligent security claims. If you or your family was injured by a third party attack in a convenience store, we are here to help. Call our West Palm Beach law office now for a free consultation. We also have a secondary office in Miami to better serve injured victims.
Resource:http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0812/Sections/0812.173.html
https://www.turnpikelaw.com/how-to-hold-a-defendant-liability-for-negligent-security-in-florida/
