Property owners must take reasonable steps to protect guests and visitors from foreseeable criminal activity under premises liability laws. When a criminal attacks someone on a commercial property, whether it’s a shooting, stabbing, sexual assault, or some other violent attack, the victim may file a premises liability claim against the property owner for failing to implement adequate security measures. Negligent or inadequate security claims are personal injury claims resulting from violent attacks due to a lack of security, and this is how someone can seek damages after they're attacked on a business property.
Our firm handles negligent security cases across the State of Florida and other states. We also worked on the insurance defense side of negligent security cases prior to representing injured people. So, we know the insurance company playbook and how they defense these claims.
If you'd like to speak with a lawyer at our office, call us at 321-LAWSUIT for your free legal consultation. When you work with us, you don't have to worry about upfront costs or retainer fees. We only get paid when we recover money for you.
What Level of Security is Required on a Property?
Essentially, the issue of negligent security or inadequate security arises when a person gets injured or killed because a property owner failed to exercise reasonable care to protect guests and patrons from attacks on the property, even though the property owner should have known that such criminal attacks could occur. In other words, the victim was attacked due to inadequate security on the property or the landowner's failure to implement reasonable security measures. In these cases, the issue often arises: "What is reasonable security?"
The types of security measures that would be considered "reasonable" under the circumstances will vary, based upon a number of factors, which include things like:
- Whether prior similar crimes have occurred on the property;
- The overall criminal history on the property;
- The incidents of crime in the area around the property where the attack occurred;
- The degree to which the landowner knew or should have known about crime on the property.
The lack of security measures will often be weighed against the overall dangerousness of the property. Accordingly, the more dangerous the property, the more steps a landowner should take to secure the property. This makes sense; more dangerous properties are more dangerous to guests and thus require more security measures to protect guests.
What Are Some Examples of Inadequate Security Measures?
The law gives us examples of inadequate security through past negligent security cases, and this helps us to understand the types of things that could form the basis of a negligent security claim. In other words, personal injury attorneys can look at an inadequate security lawsuit in a database and study the facts to help pinpoint the types of things that a court might consider to be negligent security. Some of the more common issues in negligent security cases are:
- Malfunctioning gates at apartment complexes;
- Poor lighting in parking lots or parking garages;
- Landscaping that creates opportunities for attacks;
- No security camera in a common area;
- Insufficient staff or no security at a dangerous hotel or motel;
- No security personnel patrolling the property;
- Improperly trained security guards;
- Too few security guards for the size of the property or the number of people on the property;
- Lack of proper signage;
- Lack of proper alarm systems;
- No locks or malfunctioning locks;
- Lack of properly secured doors or windows;
- No process for stopping trespassers from entering the property;
- Lack of security checkpoints at bars and nightclubs;
- No security cameras and/or poor lighting at a gas station;
- No security or cameras at a car wash;
- No security at a convenience store with a history of robbery;
- Improper visibility or blocked visibility on the property or building.
The list above is not comprehensive, and any situation where a landowner fails to provide adequate security at a business with a history of crime could be considered negligence, depending on the facts of the case. Overall, premises liability lawyers and negligent security lawyers will gather evidence to determine whether the landowner breached its duty to offer guests and patrons a premises that is safe.
Contact an Inadequate Security Attorney at Our Firm
If you or a loved one was violently attacked on a business property in Florida due to inadequate security, don't hesitate to reach out to us and explore your legal options. You can reach us at 321-LAWSUIT. Representation is free unless we win money for you.
Frequently Asked Questions Regarding Inadequate Security Lawsuits
What is inadequate security?
Inadequate security refers to a property owner’s or manager’s failure to provide reasonable safety measures (such as lighting, locks, surveillance, or guards) needed to protect visitors from foreseeable criminal acts. This lack of necessary safeguards creates a risk that the owner should have anticipated and prevented. Under Florida premises liability law, such negligence can give rise to a “negligent security” claim when the failure to implement proper security leads directly to injury.
Can you sue a security company?
Yes. If a security company was hired (or should have been hired) and failed to fulfill the obligations—such as monitoring, deterrence, or prompt response—and that failure contributed to harm, the company can be sued for negligent performance. The claim typically hinges on showing the company breached a duty owed to the property owner or invitees, and that breach led to the injury.
Can you sue a security guard?
Yes, in limited circumstances an individual security guard may be named in a lawsuit if their specific misconduct (such as neglect, abuse of authority, or failure to act) directly caused harm. However, the more common target is the property owner or security company, since the guard is typically an employee whose liability is addressed through the employer’s vicarious responsibility.
What is the legal definition of security in a negligent security case?
In this context, “security” means the set of measures reasonably required to protect individuals on the premises from known or foreseeable third-party criminal acts, such as access controls, lighting, surveillance, and trained personnel. The legal standard focuses on whether those measures were appropriate given the property’s location, history of crime, and foreseeable risk. Failure to implement such security can constitute a breach of duty in a negligent security claim.
What is the Statute of Limitations in Florida for an Inadequate Security Case?
In Florida, the statute of limitations for an inadequate security case is two years from the date of injury or death. You need to file a lawsuit within the statute of limitations, or you can lose your right to bring a claim and get compensation.