Negligent Security Injury Claim: Florida Victim''s Guide
Injured due to inadequate security at a Florida property? Property owners can be held liable when their failure to provide adequate security leads to assault, robbery, or other crimes.
Negligent Security Injury Claim: Florida Victim's Guide
You were at a shopping center, apartment complex, hotel, bar, or parking garage when you were attacked, robbed, or otherwise harmed. The crime happened on someone else's property. And now you are left with injuries, trauma, and mounting medical bills.
Many victims of violent crimes do not realize they may have a legal claim against the property owner. Under Florida law, property owners have a duty to provide reasonable security measures to protect visitors from foreseeable criminal activity. When they fail to do so, they can be held liable for the resulting injuries.
This is called negligent security — a form of premises liability that holds property owners accountable for crimes that occur on their property due to inadequate security.
What Is Negligent Security?
Negligent security is a legal theory that holds property owners responsible when their failure to provide adequate security measures allows a crime to occur that injures a visitor.
The key concept is foreseeability. A property owner is not responsible for every crime that occurs on their property. But if criminal activity was foreseeable — based on the history of crime in the area, prior incidents on the property, or other factors — the property owner has a duty to take reasonable steps to prevent it.
Examples of Negligent Security
- A hotel that fails to install adequate lighting in its parking garage, where a guest is assaulted
- An apartment complex that fails to repair broken locks or gates, allowing an intruder to enter and attack a tenant
- A bar or nightclub that fails to hire adequate security staff, leading to a violent altercation
- A shopping center that fails to address known criminal activity in its parking lot
- A convenience store that fails to install security cameras or hire security personnel despite a history of robberies
Elements of a Negligent Security Claim
To succeed in a negligent security claim in Florida, you generally need to prove:
1. The Property Owner Owed You a Duty of Care
As a visitor to the property — whether as a customer, tenant, or guest — the property owner owed you a duty to provide reasonable security measures.
2. The Criminal Activity Was Foreseeable
The property owner knew or should have known that criminal activity was likely to occur on the property. Evidence of foreseeability may include:
- Prior criminal incidents on the property
- High crime rates in the surrounding area
- Prior complaints about security issues
- The nature of the business (bars and nightclubs, for example, have a higher risk of violent incidents)
3. The Property Owner Breached Their Duty
The property owner failed to take reasonable steps to prevent the foreseeable criminal activity. This may include:
- Failure to install adequate lighting
- Failure to install security cameras
- Failure to hire adequate security personnel
- Failure to repair broken locks, gates, or fences
- Failure to implement security policies and procedures
4. The Breach Caused Your Injuries
The property owner's failure to provide adequate security was a direct cause of the crime that injured you.
5. You Suffered Damages
You suffered actual harm as a result of the crime, including physical injuries, emotional trauma, and financial losses.
Common Negligent Security Cases in Florida
Apartment Complex Attacks
Apartment complexes have a duty to provide reasonable security for their tenants and guests. This may include adequate lighting in common areas, working locks on gates and doors, and security personnel or cameras.
When an apartment complex fails to maintain these security measures and a tenant or guest is attacked, the complex may be liable for the resulting injuries.
Hotel and Motel Attacks
Hotels and motels have a duty to protect their guests from foreseeable criminal activity. This includes providing adequate lighting in parking areas, working locks on room doors, and security personnel.
Bar and Nightclub Violence
Bars and nightclubs have a heightened duty to provide security because of the foreseeable risk of violence associated with alcohol consumption. This may include hiring adequate security staff, implementing policies to prevent over-service of alcohol, and installing security cameras.
Parking Lot and Garage Attacks
Parking lots and garages are common locations for robberies and assaults. Property owners have a duty to provide adequate lighting, security cameras, and security personnel in these areas.
Convenience Store Robberies
Convenience stores, particularly those open late at night, have a duty to take reasonable steps to prevent robberies. This may include installing security cameras, hiring security personnel, and implementing policies to limit cash on hand.
Damages in a Negligent Security Case
If you are successful in a negligent security claim, you may be entitled to recover:
- Medical expenses: Emergency care, surgery, hospitalization, therapy, and ongoing treatment for physical and psychological injuries
- Lost wages: Income lost while you were unable to work
- Pain and suffering: Physical pain and emotional distress, including PTSD and other psychological trauma
- Loss of enjoyment of life: If your injuries prevent you from participating in activities you previously enjoyed
- Punitive damages: In cases where the property owner's conduct was particularly egregious
Evidence in a Negligent Security Case
Building a strong negligent security case requires gathering evidence that shows:
- The history of criminal activity on the property or in the surrounding area
- The property owner's knowledge of the security risks
- The inadequacy of the security measures in place
- The connection between the inadequate security and the crime that injured you
Evidence may include:
- Police reports of prior incidents on the property
- Security camera footage
- Maintenance records showing broken lights, locks, or other security equipment
- Incident reports from the property
- Expert testimony from security professionals
Why You Need a Negligent Security Lawyer
Negligent security cases are complex. Property owners and their insurance companies will argue that the crime was unforeseeable, that they provided adequate security, or that the criminal's actions were the sole cause of your injuries.
An experienced negligent security lawyer can:
- Investigate the crime and gather evidence of the property owner's negligence
- Identify all potentially liable parties
- Work with security experts to establish the standard of care and how it was breached
- Calculate the full value of your damages
- Negotiate with insurance companies on your behalf
- Take your case to trial if necessary
Juan Cordero Lawyers has recovered millions of dollars for negligent security victims in Florida, including a $4.1 million settlement in a case involving a victim who was fatally shot in a liquor store parking lot.
If you were injured due to inadequate security at a Florida property, Juan Cordero Lawyers can help you hold the property owner accountable and recover the compensation you deserve. Our Negligent Security Lawyer Florida serve Miami, Fort Lauderdale, Martin County, and all of South Florida. Call 305.525.8957 — free consultation, 24 hours a day, 365 days a year.
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Written by
Juan Cordero Lawyers
Personal injury attorney with 26+ years of experience. Combat veteran, Adjunct Professor of Law, and Top 100 Trial Lawyer fighting for injured clients throughout Florida.
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