Negligent Security

What is negligent security?

Negligent security is when a property owner or manager fails to provide reasonable security measures, leading to harm or injury to a person. In Florida, negligent security can be a basis for a legal claim against the property owner or manager.

Under Florida law, property owners and managers must take reasonable steps to keep their premises safe for visitors, customers, and tenants. This duty includes providing adequate security measures, such as lighting, security cameras, alarm systems, and security personnel, depending on the property’s circumstances.

Suppose a property owner or manager fails to provide reasonable security measures and a person is harmed. In that case, the injured person may be able to bring a negligent security claim against the property owner or manager. Examples of situations where negligent security claims may arise include assaults, robberies, or other crimes on a property due to a lack of adequate security measures.

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What legal issues typically arise related to negligent security?

The following disputes are among the most common to negligent security:

• Duty: One of the primary legal issues in a negligent security case is whether the property owner or manager was obligated to provide reasonable security measures. This duty is typically based on the relationship between the parties, the foreseeability of harm, and the property’s circumstances.
• Breach: If the property owner or manager had a duty to provide reasonable security measures, the following legal issue is whether they breached that duty. Evidence of breach requires determining whether the security measures provided were adequate or whether there were obvious security risks that were ignored.
• Causation: Another legal issue in a negligent security case is whether the breach of duty caused the person harm or injury, which requires proof of a causal link between the lack of security and the harm suffered by the person, which the defense would dispute if other things could have contributed to the occurrence.
• Comparative fault: Florida follows a comparative fault system, which means the court may reduce the injured person’s damages if they were also partially at fault for the harm suffered. The comparative fault often complicates negligent security cases, as the property owner or manager may argue that the injured person’s negligence contributed to their injuries.

What are relevant laws related to negligent security in Florida?

Because negligent security is the result of common law, few statutes or regulations govern it; instead, judge-made case law primarily governs this claim. However, some key Florida Statutes include:

• Subsection 95.11(3) dictates that the statute of limitations for promissory estoppel claims is four years.
• Section 812.173 lists some requirements that every convenience store should have on the premise to decrease the likelihood of injury.

Some examples of cases where Florida judges have found liability for negligent security include:

• Convenience stores: When convenience stores do not employ the measures listed in the above statute, they could be liable for resulting injury.
• Nightclubs: In venues often requiring security, a premise owner could be liable for negligent security if there is no security guard or an improperly trained security guard.
• Apartment complexes: If there is knowledge of past crimes and premise owners do not make proper adjustments to prevent future crimes, they could be liable.

What is required to prove a case of negligent security in Florida?

To prove a case of negligent security, the plaintiff must prove the following:

• The property owner or manager had a duty to provide reasonable security measures;
• The property owner or manager breached that duty by failing to provide adequate security measures;
• The breach of duty caused the person harm or injury; and
• The person suffered damages as a result of the harm or injury.

When a set of facts is appropriate to meet the requirements of negligent security, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path forward to seek appropriate remedies, such as:

• Economic damages: These are damages that compensate the injured person for their actual monetary losses, such as medical expenses, lost wages, and property damage.
• Non-economic damages: These are damages that compensate the injured person for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
• Punitive damages: In some cases, the injured person may be entitled to punitive damages intended to punish the property owner or manager for their willful or wanton misconduct or gross negligence.

To see what actions may be available for your unique situation, please contact our office to set up your initial consultation.

What are common defenses to negligent security in Florida?

The primary defenses to negligent security in Florida include:

• Unforeseeable crime: The defendant might state that there was insufficient evidence of crime in the area that would have obligated an owner to increase the premise owner’s liability. The defendant could prove a lack of foreseeability by looking at crime statistics or rates in that area.
• Lack of duty: The property owner or manager may argue that they were not responsible for providing security measures or that the obligation was limited in scope. For example, they may contend that the harm suffered was not foreseeable or that the injured person was not an invitee or licensee on the property.
• Superseding cause: The property owner or manager could assert an intervening or superseding cause not within their control, such as an unaffiliated third party, caused the alleged harm.

To see what defenses may be available for your unique situation, please contact our office to set up your initial consultation.

Have more questions about a negligent security-related situation?

Crucially, this overview of negligent security does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.