Do You Have a Negligent Security Case? How to Know if You Can Take Legal Action

Negligent Security Lawsuit

Feeling unsafe in a place where we expect security—like our apartment complex, office building, or local shop—can leave us feeling violated. And when negligence by a property owner leads to assault, injury, or other harm, you may have the grounds to take legal action.

In this blog, our personal injury lawyers will walk through the key issues around negligent security claims so you can determine if you have a case.

While these cases require specific elements, our firm has helped multiple clients hold property owners accountable when they fail to provide reasonable safeguards against foreseeable criminal acts.

Making Sense of Negligent Security Lawsuits

At its core, negligent security falls under a broader area known as “premises liability” law. Property owners and managers have a legal duty to implement reasonable security measures to keep lawful visitors safe from harm.

When they fail to address known risks or inadequately protect people from criminal activity, they can be held responsible for the consequences.

More specifically, the key legal test asks: could the property owner have reasonably foreseen the risk or criminal act that occurred? This “foreseeable harm” is crucial for determining if they failed in their duty and can be sued for negligent security.

Examples of Negligent Security

Unfortunately, property owners can’t prevent all crime, but they must take reasonable, proactive precautions suited to foreseeable risks. When harm occurs after ignoring safety gaps, negligence claims arise.

Consider the following examples:

  • An apartment complex leaves gates broken for months despite complaints. An intruder then enters and assaults a resident.
  • Untrained mall guards fail to engage violent shoplifters, leading to customer injuries during the perpetrators’ escape.
  • A parking garage downplays past mugging concerns and lacks cameras. Consequently, an employee gets attacked walking to their car after hours.
  • An office leaves ground-floor doors unlocked overnight to save money on security, resulting in an after-hours burglary and massive data theft.

In cases where skipping security measures clearly enabled harm, the property owners often share liability due to negligence.

If you faced injury or loss because deficient safety precautions empowered criminals, carefully document incident specifics. These details establish whether grounds exist to pursue a negligence claim against the property owners or management.

How to Know If You Have Sufficient Grounds for a Negligent Security Lawsuit

Every situation is different, but there are common questions we assess to give you an honest perspective on your potential security negligence claim in Florida:

Were there prior similar incidents at this location?

If other assaults, thefts, or even tenant complaints occur on the property, it signals known risks. Lawsuits have succeeded when multiple police reports show a pattern that went ignored.

Did the property lack adequate security measures?

Low-quality locks, broken access gates, poor lighting, and no security cameras can demonstrate unreasonably deficient safeguards. Their security lapses make harmful incidents more likely.

Was the property owner aware of general safety threats?

Apartment complexes in high-crime areas or shops near recent break-ins illustrate known risks a prudent owner would address. Properties that earn reputations for dangerous conditions shouldn’t go ignored.

Did the incident involve a vulnerable person or group?

Victims like women, children, elderly individuals, and people with disabilities are often targets. A property owner owes heightened protections to more vulnerable populations.

In our experience, clear evidence around lapses in security measures and unaddressed risk factors make most negligent security cases. The examples above are common issues we see in claims where clients can recover damages.

Taking Action If You Have Been Affected

Suffering assault, theft, or trauma due to poor security causes real stress and harm. Our goal is to help you find justice, proper medical care, and fair negligent security settlement.

To give yourself the strongest case, be sure to take these steps:

  1. Report the incident to police as soon as possible
  2. Seek medical care even for seemingly minor injuries
  3. Document property damages or financial impacts
  4. Record the names of witnesses or people with knowledge
  5. Consult our premises liability lawyers for clear advice

At Purely Legal, we can conduct an investigation, preserve evidence from security footage, and craft arguments demonstrating the property owner did not meet the duty of care they owed you.

Succeeding in a negligent security lawsuit relies on in-depth knowledge of premises liability law—which our firm has proven for numerous clients in Florida.

Share Your Story in a Free Case Review

If you or a loved one has faced harm due to negligent security measures, you don’t have to suffer alone. Our compassionate legal professionals will listen to your story, answer your questions, and outline your legal options.

Set up a risk-free case review to take the first step toward justice and recovery today.

Author Bio

Orlando Sheppard

Orlando Sheppard is a Co-Founder and Partner of Purely Legal, a multi-state personal injury law firm serving clients in Florida, Georgia, Maryland, and Washington, D.C. He handles a wide range of personal injury matters, including car accidents, bike accidents, dog bites, premise liability, slip and falls, and wrongful death.

Orlando received his Juris Doctor from Florida A&M University College of Law and is a member of the Florida Bar, the Maryland State Bar Association, and the Orange County Bar Association.

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