Negligent Security

When businesses and property owners cut corners on safety, innocent people get hurt. Under Florida law, owners and managers must take reasonable steps to protect customers, tenants, and guests from foreseeable criminal acts. If you were assaulted, robbed, shot, or otherwise harmed at an apartment complex, hotel, bar or nightclub, gas station, shopping center, or parking lot, you may have a negligent security claim. My 305 Attorneys help victims across the State of Florida to seek answers, accountability, and compensation.

Negligent security is a type of premises liability claim. It arises when a property owner or manager fails to implement reasonable safety measures and, as a result, someone is injured by a third party’s criminal act. The law does not require owners to guarantee safety, but it does require reasonable precautions when crime is foreseeable.

• Broken or missing door locks, gates, or window locks 
• Poor or burned-out lighting in parking lots, breezeways, and stairwells
• Lack of security cameras or failure to preserve video  Untrained or understaffed security personnel
• Propped-open doors or uncontrolled access points 
• No trespass enforcement, no incident response plan, or failure to warn about known dangers

We frequently see negligent security allegations involving:

• Apartment complexes and short-term rentals
• Hotels and motels
• Bars, lounges, and nightclubs
• Gas stations and convenience stores
• Shopping centers and retail parking lots
• College housing and dorms
• Parking garages and rideshare pickup areas

Owners and managers owe invitees (customers, tenants, and their guests) a duty to use reasonable care to maintain the premises in a reasonably safe condition, which can include reasonable security measures when crime is foreseeable. Foreseeability can be shown by prior incidents on or near the property, crime levels in the area, calls for service, and the nature of the business.

Civil claims focus on whether the property’s security was unreasonable and contributed to your harm. Florida courts allow juries to consider circumstantial evidence to decide causation and foreseeability.

For negligence claims accruing after March 24, 2023, Florida generally has a two-year time limit to file suit. Wrongful death claims are generally two years. Deadlines can be shorter when a government entity is involved due to presuit notice requirements. Speak with an attorney promptly so key deadlines are not missed.

Florida now uses a modified comparative fault system for most negligence cases. If you are found more than 50% at fault, you cannot recover. If you are 50% or less at fault, your compensation is reduced by your percentage of fault. Property owners and their insurers may try to blame victims; a skilled attorney pushes back with facts and experts.

Florida recently enacted a statute that can create a presumption against liability for certain apartment properties that implement specified security measures. That presumption can often be challenged with the right evidence. These cases are fact-intensive; early investigation is critical.

Depending on the facts, potentially responsible parties may include:

• Property owners and managers
• Franchisors and franchisees
• Security companies and staffing agencies
• Event promoters and venue operators
• Parking garage operators and HOAs Liability can be shared among multiple parties when their failures combine to create an unsafe environment.

Liability can be shared among multiple parties when their failures combine to create an unsafe environment

A negligent security claim can seek compensation for:

• Emergency care, hospital and medical bills, surgeries, therapy, and counseling
• Lost wages, lost earning capacity, and job disruption
• Pain, suffering, mental anguish, PTSD, and loss of enjoyment of life
• Scarring and disfigurement
• In wrongful death cases: funeral expenses and survivors’ damages under Florida’s Wrongful Death Act

• Call 911 and get medical care immediately.
• Report the incident to property management or staff. Ask for an incident report number.
• Preserve evidence: save clothing and personal items, keep photos and videos, and note camera locations you saw on-site.
• Get names and contact information for witnesses.
• DO NOT give a recorded statement to an insurance company before speaking with a lawyer.
• Avoid posting details on social media.
• Contact an attorney quickly so video and other time-sensitive evidence can be preserved.

• Free consultation to learn what happened and explain your rights.
• Immediate investigation and evidence preservation, including contacting the property and any security vendors.
• Engagement of qualified experts to evaluate security measures, lighting, cameras, access control, and staffing.
• Calculation of damages, including medical needs and future care.
• Negotiation with insurers; if they won’t be fair, we file suit and litigate.
• Trial-ready approach so your case is positioned for the best possible outcome.

If you or a loved one was harmed because a property failed to provide reasonable security, you do not have to face the aftermath alone. The sooner you involve a lawyer, the better your chances of preserving critical evidence and building a strong claim.

Contact My 305 Attorneys today for a free, confidential consultation. The information provided above is general information and is not legal advice. The facts of your case matter, and deadlines apply, so reach out as soon as you are ready.