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Negligent Security

Florida Premises Liability Attorneys for Negligent Security Claims 

It is not uncommon for people to be exposed to criminal activity linked to a particular business property.  Customers might be mugged and stabbed, for example, after leaving a store with the purchase of a “big ticket” item.  Workers leaving their office late might find themselves in a situation where they are the target of sexual harassment from third-parties skulking around the parking lot. Florida law accounts for these situations, and specifically, the liability of the business owner who is responsible for the safety of premises entrants — though the third-party criminal may be the most blameworthy party, it is reasonable to argue that the business owner (who failed to maintain adequate security measures) contributed in their own way, too.  If you find yourself in a similar situation, having been harmed by a third-party on or adjacent to a business that you work at (or patronize), you may be entitled to compensation under Florida premises liability law. Contact our Florida premises liability attorneys today to discuss your legal rights and options.

Factors Contributing to Security Problems

A wide range of negligence-related factors can enhance the risk of third-party criminal activity or otherwise lead to an inadequate response to such activity, including:

  • Failure to ensure that security guards are properly trained
  • Failure to hire enough security guards to protect premises entrants
  • Inadequate lighting
  • Lack of technical security infrastructure (i.e., alarm systems, video surveillance, emergency call systems, etc.)

Business owners have a responsibility to exercise reasonable efforts to maintain a safe premises — this duty is broad and is not necessarily tied to a specific task (such as the installation of video surveillance tech) but is instead linked to the creation of an overall safe premises through reasonable means.

Proving a Florida Negligent Security Claim

Proving a negligent security claim can be something of a challenge, as there are several points of contention.  To successfully establish liability, you will have to show:

  1. That the third-party criminal act was reasonably foreseeable under the circumstances, and
  2. That the owner’s failure to provide adequate security contributed to the third-party criminal act.

Whether the third-party criminal act was reasonably foreseeable will, in large part, depend on your ability to show that there were prior, similar criminal acts in the area of which the owner should have been aware.

Security Guards and Employment-Related Liability

It is worth noting that — even if you are unsuccessful in proving that the defendant business owner is liable for the negligent provision of security — you may have an actionable claim based on the employment relationship connecting a security guard and the business owner who is employing them.

How does this work?

Ultimately, these claims can follow two paths, though both require that the employee (in this context, a security guard) acted within the course and scope of their employment: 1) vicarious liability, which imposes liability automatically on an employer for the negligent acts of their employees, and 2) independent negligence. Our skilled attorneys will explain which path your situation will follow based on the facts of your case.

Contact Our Florida Premises Liability Attorneys for Comprehensive Legal Assistance

Our attorneys have extensive experience working with premises liability plaintiffs and other personal injury plaintiffs, having successfully represents clients in thousands of lawsuits since our founding.

Over the years, our thorough, client-oriented approach has enabled us to secure over $4.2 billion in compensation through negotiated settlements and trial litigation.  These impressive case results are no accident: we strive to engage clients early on in litigation with the goal of understanding their case inside-and-out.  Deep understanding of the specific circumstances and issues surrounding the dispute allow us to advocate in a more thoughtful and tailored manner.

Ready to speak to one of our experienced Florida premises liability attorneys about your injury claims? Call us at 1-800-780-8607 or complete an online intake form today to schedule a free and confidential consultation.

What Our Clients Have To Say

" Nick DeBellis obtained the maximum recovery of full insurance limits in the case we worked on. He is a true professional and recommend him to anyone in South Florida. "