Florida business owners have a responsibility to maintain their premises in a reasonably safe manner for all who enter. This includes not only ensuring that the physical environment is safe but also addressing security concerns adequately. When businesses hire external security services, they may still be held responsible for the actions of those security companies, especially if the premises are not kept secure. Recently, the Florida Court of Appeal addressed a case involving a national fast food chain where a security guard, hired as an independent contractor, shot and killed a plaintiff’s family member without adequate justification.
According to the facts discussed in the recently released appellate opinion, a disturbance at the restaurant led to the involvement of a security guard who a company contracted by the restaurant hired. The guard, unable to manage the situation, ultimately discharged a firearm, resulting in the death of the plaintiff’s family member. The plaintiff filed a negligence claim, arguing that the larger corporation was liable for the actions of the franchisee and the security contractor. After losing initially at the summary judgment stage, the plaintiff appealed the ruling, seeking to hold the larger corporation accountable.
The appellate court reviewed the case and affirmed the lower court’s ruling. The Court relied on Florida law on vicarious liability and independent contractors in making this decision. Generally, in Florida, a business owner or employer is not held liable for the acts of an independent contractor. This principle includes cases where the contractor fails to uphold the safety standards expected of the business. The appellate court found that the corporation did not breach a non-delegable duty to maintain reasonably safe premises simply because the independent contractor’s guard negligently discharged a firearm. This incident was considered beyond the scope of the corporation’s duty to provide a safe environment for its business invitees.
Although the plaintiff cannot seek relief from the larger corporation due to this ruling, the security guard as an individual and the security company may still be held liable. This delineation highlights the intricate web of liability and the challenges faced in premises liability claims against large corporations, franchises, and subcontractors. It underscores the importance of understanding who may be held responsible in cases of negligence and how to pursue such claims effectively.
Navigating personal injury claims in Florida can be daunting, especially when multiple parties are involved. Each case requires a thorough understanding of liability laws and a strategic approach to hold the right parties accountable. Business owners, franchises, and subcontractors each have their roles and responsibilities, and an experienced attorney can help identify the most effective strategy for seeking compensation.
Anyone injured in an accident or through an act of negligence in Florida should seek the counsel of a qualified personal injury attorney. These professionals have the expertise to navigate complex legal waters, identify liable parties, and build a compelling case to secure the compensation you deserve. From dealing with difficult insurance companies to managing negotiations and, if necessary, taking the case to trial, an experienced attorney is an invaluable ally.
A Miami Personal Injury Law Firm Diligently Seeking Compensation for Its Clients
If you or a loved one has been injured in an accident in Florida, it is crucial to reach out to the experienced personal injury attorneys at Friedman Rodman Frank & Estrada. Our firm understands all theories of negligence and is well-versed in holding larger corporations, franchisees, and subcontractors accountable for the negligence of their employees and management. We are dedicated to ensuring that you receive the full compensation you deserve. At Friedman Rodman Frank & Estrada, we offer free consultations to discuss your claim and help you understand your legal options. Our skilled attorneys are committed to providing the highest level of representation, whether through negotiation or litigation. Do not navigate the complexities of a personal injury claim alone. Reach out today through our online form or call 305-448-8585 to schedule a free consultation