In Florida, property owners have a legal duty to maintain reasonably safe premises for visitors. This responsibility includes protecting guests, tenants, and customers from foreseeable criminal acts. When a property owner fails to provide adequate safety measures and someone is injured in a violent crime, the victim may have a negligent security claim.
These cases commonly arise from assaults, robberies, shootings, or other violent incidents at locations such as apartment complexes, shopping centers, hotels, parking garages, and nightclubs.
Understanding what qualifies as negligent security can help injured victims and families know their rights under Florida law.
The Legal Basis for Negligent Security Claims
Negligent security cases fall under premises liability law. In Florida, property owners and businesses must:
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Maintain their property in a reasonably safe condition
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Warn visitors of known dangers
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Take reasonable steps to prevent foreseeable harm, including crime
If a violent incident occurs because the property owner failed to take reasonable precautions, they may be held financially responsible.
The Key Element: Foreseeability
One of the most important factors in negligent security cases is foreseeability.
A property owner is not automatically responsible for every crime that occurs on their premises. Instead, the law asks:
Was the criminal act reasonably foreseeable?
Foreseeability is often established through:
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Prior similar crimes on the property
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A pattern of criminal activity in the surrounding area
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Police calls or incident reports
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Previous complaints from tenants or customers
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Broken or ignored security features
If a property owner knew—or should have known—about a risk of crime and failed to act, they may be liable.
Common Examples of Negligent Security
Negligent security can take many forms. Some of the most common examples include:
Poor Lighting in High-Risk Areas
Dark parking lots, stairwells, and walkways create opportunities for assaults and robberies. If a property owner fails to maintain adequate lighting in areas known for criminal activity, it may be considered negligent.
Broken Gates or Security Doors
Apartment complexes and condominiums often advertise controlled access. If security gates, keycard systems, or locks are broken and not repaired, unauthorized individuals may gain access.
Lack of Security Cameras or Monitoring
In areas with known criminal activity, failing to install or maintain functioning security cameras can contribute to dangerous conditions.
Failure to Provide Security Personnel
Some properties—such as large apartment complexes, hotels, or nightclubs—may require on-site security guards. If a property has a history of violence and no security presence, this may support a negligent security claim.
Places Where Negligent Security Claims Often Arise
These cases commonly occur at:
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Apartment complexes and condominiums
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Hotels and motels
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Shopping centers and malls
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Parking garages and lots
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Nightclubs and bars
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Office buildings
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Schools and campuses
In each case, the level of security required depends on the type of property and its history of crime.
What an Injured Victim Must Prove
To succeed in a negligent security claim in Florida, a victim generally must prove:
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A duty existed
The property owner owed a duty to provide reasonable security. -
The owner was negligent
The property lacked adequate security measures. -
The crime was foreseeable
Prior incidents or conditions made the crime predictable. -
The negligence caused the injury
The inadequate security contributed to the attack.
Types of Compensation Available
Victims of negligent security may be entitled to recover damages for:
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Medical expenses
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Future medical treatment
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Lost income
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Reduced earning capacity
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Pain and suffering
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Emotional distress
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Scarring or disfigurement
In fatal cases, surviving family members may pursue a wrongful death claim.
Important Deadlines in Florida
Most negligent security claims in Florida must be filed within two years of the date of the incident. Missing this deadline can prevent victims from recovering compensation, so it is important to act promptly.
What to Do After a Violent Incident on Someone Else’s Property
If you or a loved one is injured in a violent crime on commercial or residential property:
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Call 911 and seek medical attention.
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Report the incident to property management.
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Request a copy of the incident report.
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Take photographs of the scene if possible.
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Get contact information for witnesses.
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Speak with a personal injury attorney as soon as possible.
Security footage, maintenance records, and crime reports can disappear quickly, so early investigation is critical.
Speak With a Florida Negligent Security Attorney
Negligent security cases can be complex and often involve extensive investigation into crime statistics, property records, and security practices. An experienced Florida personal injury attorney can evaluate your case and help you understand your legal options.
If you or a loved one was injured in a violent incident on someone else’s property, you may have the right to pursue compensation under Florida law. An attorney can help protect your rights and guide you through the legal process.
Have you or someone you know been injured as a result of negligent security? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
This article is for informational purposes only and does not constitute legal advice.
