By Osborne & Francis
October 25, 2023

How to File a Negligent Security Lawsuit

If you’ve been injured because of a business’s negligence, you may be able to recover your damages by filing a negligent security lawsuit.

Our team of negligent security lawyers is ready to help you get the compensation that you deserve for your damages. To learn more about negligent security lawsuits and how we can help you, keep reading. 

Violent Crime in Florida

According to the Florida Department of Law Enforcement’s annual Uniform Crime Report, total crime dropped by 8.3% in 2021. Violent crime dropped 4.3%, and property crime dropped 10.7%. However, crime in Florida is still high, much higher than in many other states. Florida ranks solidly in the middle as the 25th state with the most violent crimes per 100,000 people. 

So, unfortunately, the risk of being involved in a violent or property crime in the state of Florida is still high. At least, it’s high enough that property owners should know to take proper precautions. When they don’t, it’s negligent. 

What is Negligent Security? 

A negligent security accident can occur when a business doesn’t take the proper care to keep guests safe. In these situations, business owners don’t intend to hurt anyone. However, they may miss important security procedures or ignore crime data that suggests a security presence is warranted. 

When a business fails to take proper care, an injury or accident can occur. However, negligent security isn’t just the absence of a security guard. It also includes the following:

  • Broken or missing security cameras
  • Doors that can’t be locked 
  • Poor or missing lighting 
  • Broken fences or gates
  • Lack of alarm system 

Assault and Attacks Caused by Negligent Security 

Unfortunately, negligent security can lead to assault or attack on someone or their property. Some common types of negligent security include armed robberies, mass shootings, sexual assault, and murder. 

These types of accidents occur when a property doesn’t have proper security set up. For example, an armed robbery at an apartment complex could be avoided if the apartment complex had a security guard and/or a working gate. 

At a nightclub, sexual assault and/or drugging could be avoided with an added security presence. To have a negligent security case, there must be an assault or attack that occurred and a lack of security presence or other security issues. 

How to File a Negligent Security Lawsuit

To file a negligent security lawsuit, you’ll have to prove that the at-fault party left you vulnerable to a criminal attack. The criminal attack must also result in actual damages of any kind, such as medical bills, lost wages, or pain and suffering. 

Identify the At-Fault Party

Before you can file a lawsuit, you need to know who you’re suing. After an attack happens, you should document as much as you can—if you can. File a police report and give them your statement. You should also write down a statement for your own records. It can be helpful to remember the details of the event. 

In most negligent security cases, the at-fault party is going to be the property owner, landlord, or business owner. Whoever is legally responsible for safety measures is the person that you will file a lawsuit against. Or, rather, their insurance. 

Gather Evidence to Strengthen Your Case

Any lawsuit needs strong, straightforward evidence. Without evidence, you won’t be able to prove that something happened. To prove that the at-fault party is liable for your damages, you’ll need to be able to prove the following with evidence:

  1. That the potential at-fault party owed you a certain level of care. 
  2. That there was a breach of this care, meaning that the property owner was negligent in hiring security, maintaining security cameras, etc. 
  3. That the breach of care resulted in a criminal attack of some kind, such as a shooting, sexual assault, or robbery. 
  4. That the attack of assault that you suffered resulted in actual damages. 

Types of evidence that we will use to strengthen your case and prove these steps include:

  • Photos and videos
  • Business records
  • Crime statistics
  • Witness statements
  • Medical records
  • Medical bills

Work with an Experienced Attorney

Negligent security lawsuits can be incredibly complex. Insurance companies will try and get you to settle for as little money as possible. They’re known for denying, delaying, and devaluing claims, especially if you don’t have a lawyer. With an experienced attorney on your side, we can stop them in their tracks and ensure that you get the best settlement possible for your damages. 

How Long Do I Have to File a Negligent Security Lawsuit? 

In the state of Florida, you have four years to file a lawsuit against a negligent party. However, we recommend filing a lawsuit as soon as possible after the accident. If you don’t file right away, you may forget crucial information or lose out on potential evidence. 

Contact Osborne & Francis to File a Negligent Security Lawsuit 

If you or someone you love has been injured because of negligent security, please contact us as soon as possible. Our team of experienced negligent security attorneys is ready to help you. To schedule a free case evaluation, please contact us online or at (561) 293-2600

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