What to Know About Injuries Caused by Negligent Security in Florida

Property owners across Florida have a legal responsibility to keep visitors reasonably safe from foreseeable harm, including criminal acts by third parties. When inadequate security measures lead to injuries, victims may have the basis for a negligent security claim, which can provide crucial compensation for medical costs, lost income, and other damages resulting from preventable crimes.

Wooten, Kimbrough, Damaso & Dennis, P.A. has been helping injured Floridians pursue justice in complex premises liability cases for over 60 years. We understand the devastating impact negligent security incidents can have on victims and their families, and we work tirelessly to hold property owners accountable when their failures contribute to preventable harm.

Understanding Negligent Security in Florida

Negligent security happens when property owners fail to enforce reasonable safety measures to protect visitors from foreseeable criminal activity. Florida courts recognize this as a form of premises liability, requiring property owners to maintain their premises in a reasonably safe condition. The question becomes whether the property owner could have reasonably anticipated criminal activity and taken steps to prevent it.

Property owners are not automatically responsible for all crimes that occur on their premises. However, they may be held responsible when they knew or should have known about security risks and failed to address them adequately. For example, if a shopping center experiences repeated thefts and assaults but refuses to install proper lighting or hire security personnel, the owner may be liable for subsequent crimes.

Common Types of Negligent Security Cases

Several scenarios frequently result in negligent security claims throughout Florida. Apartment complexes and hotels often face liability when inadequate lighting, broken locks, or malfunctioning security cameras contribute to assaults or robberies. These properties typically have a higher duty of care because residents and guests have a reasonable expectation of safety.

Parking lots and garages present unique security challenges that property owners must address. Poor lighting, lack of surveillance, and inadequate patrols can create environments where criminals feel emboldened to act. Retail establishments and shopping centers also face potential liability when they fail to provide adequate security measures despite knowing about criminal activity in the area.

Nightclubs, bars, and entertainment venues have particular security obligations due to the nature of their business and the increased likelihood of altercations. These establishments must often provide trained security personnel, metal detectors, and proper crowd control measures to prevent foreseeable incidents.

Establishing Liability in Florida Negligent Security Claims

Successfully pursuing a negligent security claim requires proving several key elements under Florida law. First, you must establish that the property owner owed you a duty of reasonable care. Second, you must show the owner breached this duty by failing to provide adequate security measures. Third, you must prove that this breach directly contributed to your injuries.

Florida courts examine whether the criminal act was foreseeable based on factors such as prior criminal activity on or near the property, the nature of the business, and the general crime rate in the surrounding area. Property owners are expected to stay informed about security risks and adapt their protective measures accordingly.

The specific security measures required depend on various circumstances, including:

• The type of property and business conducted there
• The location and the surrounding neighborhood crime statistics
• Previous criminal incidents on the property
• The time of day and typical visitor patterns
• Industry standards for similar properties

After establishing these elements, you must also demonstrate the extent of your damages and how they connect to the security failure.

How Florida Law Protects Victims

Florida’s premises liability laws provide important protections for negligent security victims, but navigating these complex legal standards requires experienced guidance. The state’s comparative negligence system means your compensation may be reduced if you contributed to the incident, but you can still recover damages as long as you were less than 100% at fault.

Time limits apply to negligent security claims, making prompt legal action essential. Florida’s statute of limitations recently changed, reducing the time limit for most personal injury cases to two years from the date of injury. This shortened timeframe makes it crucial to consult with an attorney as soon as possible after an incident.

Successful negligent security claims can result in compensation for medical costs, lost income, pain and suffering, and other damages related to your injuries. In some cases, victims may also obtain compensation for ongoing therapy, permanent disabilities, or reduced earning capacity.

Contact Wooten, Kimbrough, Damaso & Dennis for Help

Negligent security cases require thorough investigation, detailed knowledge of premises liability law, and the resources to take on property owners and their insurance entities. Our team has the experience and dedication needed to build strong cases that protect your interests and secure the compensation you deserve. We personally handle each case with the collaborative support of our entire legal team, ensuring you receive the attentive representation that has defined our practice for over six decades.

If you believe inadequate security contributed to your injuries, do not wait to get legal guidance. Contact our experienced legal team to discuss your case and learn about your options for pursuing justice and compensation.