Legal Question in Personal Injury in Florida
Scope of employment and suing the employer
I was leaving work last night only to discover my car had been broken into and parts of my ignition were on the floor. I filed a report with the police and gave a description of a man I had noticed staring me down while I walking out to my car. I may have been the person to interupt the theif due to the fact that he only had seconds left to drive off with my car. When I started working at this job I was told I could not carry mace or pepper spray this was considerd a wepon and would be fired for doing so, also I was told that I was safe in the parking lot due to the fact that there were cameras watching the parking lot. The camera was not on my car during this brake in. I am now afraid to park my car in this parking lot or to walk out at night. My car is the only thing I own and can not get to school without it. I am so close to getting my degree I would have been hart broken if it had been stolen. Now my question is can I sue this company for false sense of security? If the theif had been in my car when I walked up it would not of been on tape and I was parked in the 1st row of the employee parking area which should of been in plain view of the camera. Any advice is valued.
1 Answer from Attorneys
Fla. Ers. Liability for Security
Can I sue this company for false sense of security?
The real question is would you win if yousued? What are your damages? Have you been to any professional for help? Can you document your injuries with bills? Your case is only as good as your provable damages.
Even though a Fla. employer is liable to provide a safe place to work. If injuredon the job, then an employee's exclusive remedy is to file a worker's compensation claim.
You may have a better chance of sueing the company who installed the security system.
Be sure you have reported your concerns to your employer so they can correct the problems with their system. If you don't and there is another incident then you can be held comparatively liable and your claim reduced by your degree of negligence in not reporting the deficiency.
I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.
Nothing can substitute for a personalconference with an attorney and you are strongly encouraged to call/consult with one.
By answering your question I am not agreeing to represent you and do not intend to create an atty./client relationship. I accept no responsibility for errors or problems arising from the answers I give. PROCEED AT YOUR OWN RISK!
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