Negligent Security Attorney in Florida — When a Property Owner's Failure Puts You in Danger
Businesses, apartment complexes, hotels, parking garages, shopping centers, and nightclubs all share a common legal obligation: they must provide reasonable security measures to protect the people who visit or live there. When a property owner or manager fails to implement adequate security — and someone is assaulted, robbed, or otherwise harmed as a result — the victim may have a claim not just against the perpetrator of the crime but against the property owner whose negligence enabled it.
These cases are called negligent security claims — a specialized form of premises liability — and they are often among the highest-value personal injury cases because commercial property insurance policies typically carry substantial liability limits. Hughes and Barnard Law Firm, PA represents negligent security victims throughout Palm Beach County, Port St. Lucie, and Southeast Florida.
Get a Free Consultation Today
ALL FIELDS REQUIRED
What Is Negligent Security?
Negligent security is a category of premises liability that holds property owners responsible for criminal acts that occur on their property when those acts were foreseeable and the property owner failed to take reasonable precautions to prevent them. The key legal elements are foreseeability and reasonable security measures.
Foreseeability: A property owner is not an insurer against all criminal acts — but when criminal activity has occurred at or near a property before, the owner is on notice that similar incidents could occur. Prior crimes at the same location, high crime rates in the area, previous security complaints, and industry-standard security requirements for that type of property all bear on foreseeability.
Reasonable security measures: Once foreseeability is established, the question is whether the property owner took reasonable measures to prevent the foreseeable harm. The specific measures required depend on the type of property, the nature and frequency of prior criminal activity, and industry safety standards.
Where Negligent Security Cases Arise in Palm Beach County and St. Lucie County
- Hotels and motels — broken door locks, malfunctioning room security, inadequate lighting in parking areas, absence of security personnel, and failure to respond to prior reports of suspicious activity
- Apartment complexes — broken entry gates and door locks, non-functioning surveillance cameras, failure to respond to prior tenant security complaints, inadequate lighting in common areas and parking lots
- Nightclubs and bars — failure to employ adequate security staff, lack of ID checks, poor lighting, inadequate response to escalating altercations
- Gas stations — inadequate lighting and security cameras in high-crime areas where prior robberies have occurred
- Shopping centers and retail stores — inadequate parking lot lighting, absence of security personnel in high-crime areas, failure to monitor surveillance systems
- Parking garages — inadequate lighting, broken or absent security cameras, lack of security personnel, failure to address prior robberies or assaults
- Schools and universities — failure to implement adequate visitor screening, poor physical security infrastructure
What Must Be Proven in a Negligent Security Case?
A successful negligent security claim requires establishing:
- The defendant owned, controlled, or managed the property where the harm occurred
- Criminal activity at or near the property was foreseeable — based on prior incidents, crime statistics, or other factors that put the owner on notice
- The property owner failed to implement reasonable security measures to address the foreseeable risk
- The failure to implement those measures was a cause of the plaintiff's injury — that is, the criminal act that caused harm would not have occurred, or would have been prevented or interrupted, if adequate security had been in place
- The plaintiff suffered compensable damages as a result
Compensation Available in Negligent Security Cases
- Medical expenses — emergency care, surgery, hospitalization, physical therapy, and psychological counseling
- Lost wages and future earning capacity if the injury affects the victim’s ability to work
- Pain and suffering — both physical and psychological, including PTSD and anxiety resulting from the violent incident
- Loss of enjoyment of life — particularly significant for victims of violent crime who experience ongoing fear and lifestyle limitations as a result of the incident
- Wrongful death damages if a family member was killed in a crime that could have been prevented with adequate security
Frequently Asked Questions: Negligent Security in Florida
Can I sue the property owner even if the police catch the criminal?
Yes. Criminal prosecution of the perpetrator and a civil lawsuit against the property owner are entirely separate proceedings. The property owner’s civil liability does not depend on whether the perpetrator is caught or convicted. Commercial property insurance policies are typically the source of compensation in negligent security cases.
What if I was partly at fault for being in a dangerous area?
Florida’s modified comparative negligence law applies to negligent security cases. If you were more than 50% at fault — for example, you were warned about a specific danger and ignored it — your recovery could be barred. However, in most negligent security cases, the property owner’s failure to provide reasonable security is the primary cause, and victim fault arguments are limited.
How do I prove prior criminal activity at the property?
Police records for the property address and surrounding area are public records in Florida. These records — combined with 911 call logs, incident reports from the property itself, maintenance records for security equipment, and testimony from prior victims or residents — form the foundation of a negligent security claim. Our firm conducts thorough investigation and discovery to build this evidentiary record.
Harmed because of inadequate security in Florida? We can help.
Call (561) 296-9400 — free consultation, no fee unless we win.