Florida Negligent Security Law Explained
Negligent security is a type of premises liability claim that comes up often in Florida. At a high level, it involves a business or property owner failing to take reasonable steps to protect people from foreseeable criminal activity.
The key idea is foreseeability: If a property has a history of crime and the owner does nothing to improve safety, that is where liability can come into play.
What Is the Negligent Security Statute in Florida
The negligent security statute in Florida refers primarily to Florida Statute §768.0705, which outlines when a property owner can be held liable for crimes that occur on their property due to inadequate security.
In simple terms, the law says that business owners have a duty to take reasonable steps to protect customers and visitors from foreseeable criminal acts. If they fail to do that, and someone is injured as a result, they may be held legally responsible.
Under this statute, a property owner can potentially reduce their liability if they can show they had substantially implemented certain security measures, such as:
- A security camera system
- Adequate lighting in parking areas
- Employee training on safety procedures
However, even with these measures, a property owner can still be found negligent if the crime was foreseeable and the precautions taken were not reasonable for the situation.
Where Negligent Security Cases Happen
Negligent security cases are not limited to one type of location, but we see them regularly in these places:
- Apartment complexes
- Hotels and motels
- Bars and restaurants
- Parking garages
- Shopping centers
If a property attracts people and has a pattern of criminal activity, negligent security may be an issue.
What Makes a Crime Foreseeable?
Foreseeability is not clearly defined, and that is intentional. It is usually decided by a jury.
Multiple shootings on-site are not required for a property owner to be on notice. Any of these patterns at a location can be considered negligent security and sufficient to trigger a duty to improve security:
- Assaults
- Break-ins
- Drug activity
Common Negligent Security Scenario
A typical case might involve a bar with a history of fights. There is no security present, a fight escalates, and someone is seriously injured or killed. Even if the person who caused the harm is a third party, the business may still be responsible for failing to prevent a predictable situation.
Why This Area of Law Matters
Many people assume that if they are hurt by a criminal, there is no legal recourse beyond that individual. In reality, businesses that ignore known risks can and should be held accountable.