When you think about safety, you probably envision well-lit streets, secure buildings, and vigilant security personnel. Unfortunately, many businesses and commercial properties are far from safe in Miami and across South Florida. Property owners often neglect their responsibility to protect you simply because of the costs. It costs money to hire security guards. It costs money to update security cameras and lightning. To raise profits, many property owners put consumers at risk – and the consequences are devastating.
In Florida, if you’ve suffered harm due to inadequate security measures, you may have grounds for a negligent security lawsuit.
At Proper Shaked Accident Injury Attorneys, PA., our Florida negligent security lawyers want to help you put your life back on track after a serious injury. That’s why we created this guide to help you understand everything you need to know about negligent security, from what it entails to the legal steps you can take.
What is Negligent Security?
Negligent security is a form of premises liability. Essentially, it means that a property owner or manager failed to provide a safe environment for individuals on their premises. This failure can expose guests, tenants, or visitors to preventable harm, such as criminal attacks.
- The FBI reported over 1.2 million violent crimes in 2021 alone, many occurring due to negligent security.
- A study by the Urban Institute identified that nearly 80% of property crimes happen in commercial establishments.
- The National Crime Prevention Council notes that more than 50% of victims reported that poor lighting and lack of security personnel contributed to their victimization.
In Florida, property owners have a legal duty to maintain a reasonably safe environment. This includes taking appropriate measures to prevent foreseeable criminal activities. If a property owner fails to fulfill this duty, they could be held liable for any resulting injuries or damages.
How Can a Negligent Security Lawyer Help After a Crime?
Unfortunately, the criminal justice system is there to punish criminals for their actions, not to compensate victims for their losses. While prosecutors work to put criminals behind bars, negligent security lawyers help victims recover financial compensation for their injuries and the harm they’ve suffered.
If you live in an apartment complex, you deserve to feel safe in your home. If you’re staying at a hotel, you must be able to walk the halls safely at night. The same goes for parking your car in a garage. You should be able to enjoy a night out at a bar or club without fearing violence.
If you become the victim of a crime on someone else’s property, the criminal justice system will handle the perpetrator. However, the owner or operator of the property could also be held legally responsible in civil court for the security conditions that led to the crime. After all, if they had put the proper security measures in place, your injury and attack may never have occurred.
A negligent security lawyer can help you seek compensation for medical bills, lost wages, and emotional distress, which can be critical for recovery. In addition, by holding property owners accountable for their negligence, we can encourage better security practices across Florida, leading to safer environments for everyone.
Common Types of Negligent Security Cases
Negligent security cases can arise in various contexts, including:
- Hotels and Motels: Guests expect a certain level of safety when staying at a hotel. If inadequate security measures, such as poor lighting or insufficient staff, lead to an assault, the hotel may be liable.
- Parking Lots and Garages: Dimly lit or poorly monitored parking facilities can become hotspots for criminal activity. If you’re attacked in such an area, the property owner may share responsibility.
- Nightclubs and Bars: Venues serving alcohol must take extra precautions to maintain safety. A fight or assault that occurs due to a lack of security can lead to a negligent security claim.
- Residential Complexes: Apartment complexes have a duty to protect residents from crime. If a tenant suffers harm due to inadequate security, the landlord could be held liable.
- Shopping Centers: Retailers should provide a safe shopping experience. The mall management may be at fault if you’re injured in a mall due to insufficient security measures.
Real-Life Example
Take, for instance, a situation where a couple staying at a Miami hotel finds themselves victims of an assault in their room. The hotel has a history of violent incidents but has made little effort to enhance security measures. In this scenario, the couple could have a valid claim against the hotel for negligent security.
Filing a Negligent Security Lawsuit in Florida
When a person becomes a victim of crimes like assault, sexual battery, robbery, or even murder, negligent security cases provide a way for them to seek compensation for their suffering. For instance, if you are injured in a parking garage due to inadequate security measures and subsequently assaulted, you can file a lawsuit to hold the property owner accountable for the harm you suffered.
To successfully win a negligent security lawsuit, your attorney must prove that the property owner knew or should have known about the risk of criminal activity and failed to take reasonable steps to address this risk.
According to Florida Statute 768.075, property owners can be liable for criminal acts if they fail to take reasonable steps to protect their property and its occupants. If you can demonstrate that a property owner ignored previous incidents or failed to provide adequate security, you may have a solid case.
Proving Negligent Security
To succeed in a negligent security lawsuit, you must establish several key elements:
- Duty of Care: You must prove that the property owner had a legal duty to provide a safe environment for you and others on their premises.
- Breach of Duty: Demonstrating that the property owner failed to meet this duty—by not implementing necessary security measures—is crucial.
- Causation: You need to show that the breach of duty directly led to your injuries or damages.
- Damages: Finally, you must provide evidence of the harm you’ve suffered, which can include medical bills, lost wages, or emotional distress.
Identifying Negligent Security: Signs to Look For
How do I know if I was a victim of negligent security? If you’re questioning whether you’ve been a victim of negligent security, consider these signs:
- Lack of Security Personnel: Is there enough security staff on-site, especially during high-risk times like late nights or weekends?
- Poor Lighting: Are there dimly lit areas where criminals could hide or commit crimes without being seen?
- Broken or Missing Security Cameras: Are surveillance systems either malfunctioning or completely missing?
- Previous Incidents: Has the property owner ignored past reports of crimes or dangerous situations on the premises?
- Inadequate Safety Measures: Are proper locks, alarms, or other security devices installed and in working order?
- Uncontrolled Access Points: Are doors, gates, or entrances left unsecured, allowing anyone to enter the property without checks?
- Failure to Warn: Did the property owner fail to inform visitors or tenants about known dangers or risks in the area?
- Neglected Maintenance: Are security fences, gates, or locks damaged or left unrepaired for extended periods?
- Poorly Trained Security Staff: Is the security team untrained or not following proper procedures to ensure safety?
- Lack of Emergency Response Plans: Are there no clear protocols or plans in place to handle emergency situations or criminal activity?
Steps to Take After a Security Incident
If you find yourself a victim of crime due to negligent security, follow these steps to protect yourself:
- Prioritize Your Safety. Your safety should be your first concern. If you’ve been injured, seek medical attention immediately, even if your injuries seem minor. This will also help create a documented record of your injuries.
- Report the Incident. Notify the local authorities. Filing a police report is essential, as it serves as a formal record of the incident and can be crucial for your case.
- Document Everything. Take photos of the scene, including any security measures (or lack thereof) that contributed to the incident. Gather witness contact information and write down their accounts while the details are fresh in their minds.
- Avoid Making Statements. Be cautious about what you say immediately after the incident. Don’t admit fault or sign any documents without consulting a Florida premises liability lawyer. Anything you say could be used against you later.
- Contact a Lawyer. Reach out to a personal injury attorney experienced in negligent security cases. They can help assess your situation and guide you on the next steps.
- Keep Records of Everything. Save all medical records, bills, and documentation related to the incident. These documents will be vital when seeking compensation.
Common Defenses Against Negligent Security Claims
Property owners are not quick to admit when they’ve messed up. Their business reputation and livelihood are at stake, especially when negligence leads to someone else’s attack and injury. For these reasons, property owners and their legal teams will try to put the blame back on the victim.
They may argue that your actions contributed to the injury, such as being intoxicated, ignoring posted warnings, or engaging in risky behavior that led to the incident. If they can show that you caused the accident, they might be able to escape liability.
Property owners might also claim that the crime was unforeseeable, asserting that they had no reason to expect a crime to occur and, therefore, no obligation to prevent it. Or they might say that they implemented reasonable security measures and were not negligent in their efforts to protect you or others on the property.
This is not always the case, and your Miami negligent security lawyer will be able to fight against these claims. Your attorney will know how to gather the right evidence to win your case. Whether it’s proving the crime was foreseeable due to past incidents or showing that security measures were inadequate, your lawyer will work to demonstrate that the property owner did not meet their duty to keep the premises safe. Armed with the right facts, your attorney can refute these defenses and help you seek the compensation you deserve.
Taking the Next Steps: Contact Prosper Shaked
Navigating a negligent security lawsuit can feel overwhelming, but you don’t have to go through it alone. If you believe you’ve been harmed due to inadequate security, call Prosper Shaked Accident Injury Attorneys, PA., to help guide you through the process.
At Prosper Shaked Accident Injury Attorneys PA, we go the extra mile for victims of negligent security claims. Our team is dedicated to holding property owners accountable and securing the compensation you deserve.
If you’re ready to take the next step, contact us for a free consultation. You can reach us at (305) 694-2676 or fill out our confidential contact form to discuss your case. Don’t wait—your safety and rights are too important to ignore.