Understanding Negligent Security Claims in Florida

Introduction

Property owners in Florida have a legal duty to ensure that their premises are reasonably safe for visitors. When they fail to provide adequate security, people may become victims of violent crimes such as assaults, robberies, or attacks. Negligent security claims allow victims to seek compensation from property owners who failed to take reasonable steps to prevent foreseeable harm.

This guide explains how negligent security claims work in Florida, what types of properties are commonly involved, and what victims need to prove to recover compensation.

What Is a Negligent Security Claim?

Negligent security is a type of premises liability claim that holds property owners responsible for failing to take proper security measures, leading to a crime that causes harm. These cases typically arise when a business or property owner knew or should have known about potential dangers but did not take steps to prevent them.

For example, if a parking garage in a high-crime area lacks security cameras and proper lighting, and someone is attacked there, the property owner may be liable for failing to provide adequate security.

Common Locations for Negligent Security Cases

Negligent security claims can arise in various settings where property owners are expected to provide a safe environment. Some of the most common locations include:

• Apartment complexes with a history of break-ins or violent crimes
• Hotels and motels with inadequate locks or lack of security personnel
• Parking lots and garages where poor lighting or lack of surveillance contributes to criminal activity
• Shopping centers and retail stores with known crime risks but no security presence
• Bars and nightclubs where violent incidents frequently occur due to a lack of crowd control
• College campuses or dormitories where students are exposed to preventable dangers
• Public events or entertainment venues where security failures lead to assaults or injuries

If a crime occurs at one of these locations due to insufficient security, the victim may have grounds for a legal claim.

How to Prove a Negligent Security Claim

To succeed in a negligent security claim, the victim must prove:

1. The property owner had a duty to provide reasonable security. Businesses and landlords have a responsibility to keep their premises safe for customers, tenants, and guests.
2. The property owner failed to provide adequate security measures. This could include failing to install proper lighting, neglecting to hire security personnel, or ignoring prior criminal activity on the premises.
3. The crime was foreseeable. If similar crimes had previously occurred in the area, the property owner should have taken reasonable steps to improve security.
4. The victim suffered harm due to the lack of security. Medical records, police reports, and witness testimony can help establish that the crime would have been less likely to occur with proper security measures in place.

Negligent security cases often require extensive evidence, including crime statistics, expert testimony, and security assessments of the property.

Examples of Negligent Security

Negligent security can take many forms, including:

• Failing to repair or install locks on doors and windows in an apartment building
• Lack of security cameras in a high-crime area
• Poorly trained or absent security guards at a nightclub or hotel
• Inadequate lighting in parking lots, making it easier for criminals to attack unsuspecting victims
• Failing to take action after previous criminal incidents on the property

If a property owner ignores security risks despite prior warnings or incidents, they may be held liable for injuries that occur as a result.

What Compensation Can Victims Recover?

Victims of crimes caused by negligent security may be entitled to compensation for:

• Medical expenses for emergency care, hospitalization, and ongoing treatment
• Lost wages if the injuries prevent the victim from working
• Pain and suffering for the emotional and psychological trauma caused by the crime
• Loss of future earnings if the injury results in permanent disability
• Funeral and burial costs in wrongful death cases

The amount of compensation depends on the severity of the injury, the extent of negligence, and the financial impact on the victim’s life.

Challenges in Negligent Security Cases

Property owners and their insurance companies often try to avoid liability by arguing:

• The crime was unforeseeable, meaning they had no reason to improve security.
• The victim was partially responsible for the incident due to reckless behavior.
• The criminal act was solely the fault of the attacker, and the property owner should not be held accountable.

These defenses can be overcome with strong evidence showing that the property owner knew about security risks and failed to take reasonable precautions.

What to Do If You Are a Victim of Negligent Security

If you have been injured due to inadequate security, taking the following steps can help protect your rights:

1. Call the police immediately and report the crime. A police report can serve as critical evidence in your claim.
2. Seek medical attention to document your injuries.
3. Take photos or videos of the scene, including poor lighting, broken security cameras, or missing locks.
4. Get contact information from witnesses who can testify about the conditions of the property.
5. Request crime reports for the area to determine if similar incidents have occurred.
6. Consult a personal injury attorney to discuss your legal options.

The sooner a victim takes action, the stronger their case may be against the property owner.

How a Personal Injury Attorney Can Help

An experienced personal injury attorney can:

• Investigate the property’s history of criminal activity and security failures
• Work with security experts to determine whether reasonable safety measures were in place
• Gather evidence to prove that the property owner was negligent
• Negotiate with insurance companies to obtain fair compensation
• Take the case to court if necessary to hold the property owner accountable

At Bonderud Law, we help victims of negligent security seek justice and financial recovery. If you or a loved one was harmed due to unsafe property conditions, contact us today for a free consultation.

Conclusion

Negligent security claims provide a legal path for victims to hold property owners accountable when preventable crimes occur due to poor safety measures. Property owners have a duty to protect visitors, tenants, and customers by maintaining adequate security.

If you have been the victim of a crime on someone else’s property and believe negligent security was a factor, taking legal action can help you recover compensation and prevent similar incidents in the future.