Negligent security
recently Harmed Due to Negligent Security?
Negligent security cases arise when injuries result from criminal or violent acts — such as robbery, assault, or sexual assault — because a property owner failed to provide adequate protection.
If you were harmed under these circumstances, you may be entitled to compensation for your injuries and losses.
Contact Elle Rudisill Law Firm today and speak with an attorney who will focus on your unique case and fight for the compensation you deserve.
What is Negligent Security?
In personal injury law, negligent security is a legal claim that arises when a property owner fails to provide reasonable security measures to protect lawful visitors from foreseeable criminal acts by third parties.
Unlike a typical premises liability claim involving slips and falls, negligent security cases focus on injuries caused by crimes that could have been prevented with adequate security.
What Must Be Proven?
A plaintiff generally must establish the following elements:
The victim suffered injuries or losses, such as medical expenses, lost wages, pain and suffering, or emotional distress.
1. Duty of Care — The property owner or occupier owed a duty to maintain reasonably safe premises for visitors.
2. Breach of Duty — The owner failed to provide reasonable security based on the property’s known risks.
3. Foreseeability — The criminal act was reasonably foreseeable, often demonstrated by:
- Prior crimes on or near the property
- High-crime area statistics
- Previous complaints or incidents
- Knowledge of recurring criminal activity
4. Causation — The inadequate security substantially contributed to the victim’s injuries.
5. Damages — The victim suffered injuries or losses, such as medical expenses, lost wages, pain and suffering, or emotional distress.
Examples of negligent security
A property owner may be liable if they failed to provide reasonable security measures such as:
- Broken or missing locks
- Poor lighting in parking lots or walkways
- Non-functioning security cameras
- Lack of trained security personnel where needed
- Broken gates or fencing
- Unsecured entrances
- Failure to warn visitors about known dangers
- Inadequate access control
- Failure to repair broken doors or windows
Common locations
Negligent security claims frequently involve:
- Apartment complexes
- Hotels and motels
- Shopping centers
- Parking garages and parking lots
- Bars and nightclubs
- Restaurants
- Office buildings
- Hospitals
- Schools and universities
- Concert venues
- Convenience stores
- Gas stations
Common crimes involved
These cases often stem from injuries caused by:
- Assault
- Battery
- Sexual assault
- Robbery
- Carjacking
- Shootings
- Stabbings
- Kidnapping
- Other violent crimes
Potential damages
Victims may recover compensation for:
- Medical expenses
- Future medical care
- Lost income
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Psychological counseling
- Permanent disability or disfigurement
- Wrongful death damages (when applicable)
Florida negligent security claims
In Florida, negligent security is generally considered a form of premises liability. Property owners are not automatically responsible for every crime that occurs on their property. Instead, liability usually depends on whether the crime was reasonably foreseeable and whether the owner took reasonable steps to help prevent it.
Frequently Asked Questions
What should I do after a negligent security incident?
- Call 911 and report the crime.
- Seek immediate medical attention.
- Preserve photographs, videos, and any physical evidence.
- Obtain witness contact information.
- Request copies of police and incident reports.
- Avoid discussing your case with insurance representatives before consulting an attorney.
What is negligent security?
Negligent security occurs when a property owner fails to provide reasonable security measures and that failure contributes to a foreseeable criminal act that injures a lawful visitor.
Can I sue a property owner after being assaulted?
Possibly. If the assault was reasonably foreseeable and inadequate security contributed to the attack, you may have a negligent security claim against the property owner or another responsible party.
What if the criminal is never caught?
You may still have a civil claim against the property owner. A negligent security case focuses on whether the property owner’s negligence contributed to your injuries, not whether the criminal is identified or convicted.
contact elle rudisill Law firm
We Put Your Recovery & Compensation First
Elle Rudisill Law Firm represents individuals and families who have been injured due to the negligence of others. Our practice focuses exclusively on personal injury law, allowing us to provide knowledgeable, strategic, and client-focused representation in matters including:
Each case is handled with personalized attention, a thorough investigation, and a results-driven approach to pursuing the maximum compensation available under the law.