An assault can leave victims with lasting physical, emotional, and financial burdens. While the person who committed the attack is primarily responsible, there are situations where a property owner may also share legal responsibility. Businesses and property owners have a duty to take reasonable steps to protect lawful visitors from foreseeable criminal activity under certain circumstances.
When security measures fall short and preventable crimes occur, victims may have grounds to pursue a negligent security claim.
What Negligent Security Means Under Florida Law
Negligent security is a type of premises liability claim. It alleges that a property owner or occupier failed to provide reasonable security measures, allowing a foreseeable crime to occur.
To establish a negligent security claim, it is generally necessary to show that:
- A duty of care existed. The property owner owed lawful visitors a duty to maintain reasonably safe premises.
- Reasonable security was lacking. Appropriate safety measures were not in place or were poorly maintained.
- The crime was foreseeable. Prior criminal activity or other circumstances suggested that additional security may have been necessary.
- The lack of security contributed to the injuries. The failure to provide reasonable protection played a role in allowing the assault to occur.
Every negligent security case depends on its own facts, making a thorough investigation essential.
Common Examples of Inadequate Security
There is no single security measure that every property must provide. What is considered reasonable often depends on the property's location, purpose, and history of criminal activity.
Examples of inadequate security may include:
- Poor lighting. Dimly lit parking lots, stairwells, or walkways can increase safety risks.
- Broken locks or gates. Security features that do not function properly may allow unauthorized access.
- Lack of security personnel. Some properties may require trained security staff based on known risks.
- Malfunctioning surveillance cameras. Cameras that are broken or improperly maintained may reduce deterrence and limit available evidence.
- Unsecured entrances. Buildings without appropriate access controls may become more vulnerable to criminal activity.
Whether these conditions amount to negligence depends on the circumstances surrounding each incident.
Where Negligent Security Claims Commonly Arise
Negligent security claims can occur in many different settings where visitors have a reasonable expectation of safety.
Common locations include:
- Apartment complexes. Residents and guests may expect functioning gates, locks, and common area lighting.
- Hotels & motels. Property owners may need reasonable security measures to protect guests.
- Shopping centers. Parking lots and common areas should be maintained with visitor safety in mind.
- Nightclubs, bars, & restaurants. Businesses serving large crowds may need security procedures appropriate for the environment.
- Office buildings. Property managers should address known security concerns affecting tenants and visitors.
- Parking garages. Limited visibility and isolated areas may require additional safety precautions.
The specific security measures required often depend on whether criminal activity was reasonably foreseeable.
What Evidence Helps Prove Liability?
Successful negligent security claims often rely on multiple forms of evidence demonstrating that reasonable precautions were not taken.
Helpful evidence may include:
- Surveillance footage. Video recordings can document how the incident occurred and whether security measures were functioning.
- Police reports. Reports may identify prior criminal activity or document the assault itself.
- Maintenance records. Inspection and repair records may reveal broken lighting, locks, or security equipment.
- Witness statements. Employees, residents, or other visitors may provide important information about ongoing security issues.
- Crime statistics. Prior incidents in or around the property may help establish foreseeability.
- Incident reports. Internal reports prepared by the property owner or business may contain relevant details.
An attorney can work to gather and preserve evidence before it becomes unavailable.
What Damages May Be Available to Victims?
Victims of negligent security incidents may be entitled to pursue compensation for losses resulting from the assault.
Potential damages may include:
- Medical expenses. Emergency care, hospitalization, rehabilitation, and future treatment costs.
- Lost income. Compensation for missed work and reduced earning capacity.
- Pain and suffering. Physical pain and emotional distress caused by the incident.
- Mental health treatment. Counseling or therapy related to trauma experienced after the assault.
- Other financial losses. Certain out-of-pocket expenses connected to the injury.
The damages available in any case depend on the specific facts and applicable Florida law.
Protect Your Rights & Explore Your Legal Options
An assault can change your life in an instant, especially when it could have been prevented through reasonable security measures. Understanding whether a property owner's negligence contributed to the incident is an important step toward evaluating your legal rights.
If you were injured in an assault on someone else's property in Coral Springs or a nearby Florida community, Law Offices Cytryn & Velazquez, P.A. can evaluate your potential negligent security claim and help you understand your options in pursuing a premises liability case.
Call (954) 833-1440 or contact us online to schedule a consultation.