When Are Property Owners Liable For Negligent Security Cases?

Have you ever felt unsafe in a public space? If you’re injured due to inadequate security measures on someone else’s property, you may have grounds for a negligent security lawsuit. Under premises liability law in Florida, property owners can be held liable for failing to protect visitors from foreseeable harm. In this blog, we’ll break down everything you need to know about negligent security, walk you through common examples, and take the steps of filing a claim.

What Is A Negligent Security Lawsuit?

A negligent security lawsuit is a type of premises liability case that arises when a property owner fails to implement adequate safety measures, leading to injuries sustained by visitors due to criminal acts by third parties. These cases hold property owners, such as landlords and business owners, responsible for maintaining safe conditions on their premises.

5 Key Elements of a Negligent Security Case

To file a negligent security claim, 5 key elements must be established:

1. Duty of Care. Property owners have a legal obligation to ensure reasonable safety for visitors. If they fail to implement adequate security measures or warn about known dangers, they can be held accountable.
2. Breach of Duty. A breach occurs if the property owner fails to maintain existing security systems, such as inadequate staffing or not replacing broken cameras.
3. Foreseeability. If it could’ve been anticipated that a criminal act might occur due to prior incidents or patterns of criminal activity nearby, then the property owner may be held liable for not taking the necessary precautions.
4. Causation. Did the lack of security directly contribute to the injury or harm?
5. Damages. Did you sustain actual damages as a result of the incident?

If you believe you’ve been harmed due to a lack of security, a negligent security attorney can help assess if your case meets the criteria.

5 Common Examples of Negligent Security

• If a multi-family residential complex has a history of break-ins and the property owner or manager fails to provide suitable safety measures, they could be held liable for crimes on the property perpetrated by third parties. However, if the property owner implements specific security measures such as camera systems, adequate lighting, and proper locks, they may benefit from a presumption against liability in negligent security cases under 2023’s new House Bill 837.
• A hotel with insufficient security surveillance or on-site security guards may be responsible if a guest is assaulted.
• Parking lots without sufficient lighting or security personnel may increase the risks of theft or assault, making property owners liable for injuries.
• Shopping centers that fail to address known security risks such as robbery or vandalism can be held accountable if customers are harmed.
• Nightclubs with inadequate crowd control measures where overcrowding leads to fights may also face liability.

Each scenario shares a common thread – the property owner’s failure to provide reasonable security measures.

Filing A Negligent Security Lawsuit

If you believe you have a valid claim, you can file a lawsuit using these steps:

1. Consult A Negligent Security Attorney. Speak with one of our experienced negligent security lawyers to have your case evaluated and we’ll explain the next steps.
2. Investigation. We’ll conduct a thorough investigation, gathering evidence such as police reports, witness statements, and surveillance footage.
3. Filing the Complaint. If there’s sufficient evidence, we’ll file a formal complaint outlining the details of your case and the damages sought.
4. Discovery Process. Both parties will exchange relevant evidence, which may include depositions, interrogatories, and requests for documents.
5. Negotiation or Trial. Many cases settle out of court; however, if necessary, your case may proceed to trial if a fair settlement cannot be reached.

The Compensation You Deserve

If you’re injured in an attack due to inadequate security measures on someone else’s property, you may recover medical expenses (both current and future), lost wages, pain and suffering, emotional distress, property, and punitive damages in cases of gross negligence. Your case is unique though, so your entitled compensation depends on your specific situation.

Why Act Now?

In Florida, the statute of limitations for filing a premises liability lawsuit is two years from the date of the incident. The sooner you reach out to us, the better your chances are to preserve evidence, build a strong case, and secure compensation.

Get Your Negligent Security Case Seen Today

Don’t let property owners’ negligence go unchallenged – take action today to protect your rights and seek the compensation you deserve. Contact us at 561-507-5700 – your path to justice begins with a single call to Personal Injury of Florida!