What is Negligent Security?

By Osborne & Francis
July 18, 2024

When you enter a property, you have a reasonable expectation that the premises have taken steps to secure it from accidents and crime. Unfortunately, careless property and business owners jeopardize the safety of invitees when they fail to maintain their premises.

If you have been injured due to the negligent security practices of a property owner, you may be able to recover the costs in a premises liability lawsuit. The negligent security lawyers of Osborne & Francis have the legal knowledge and negotiating skills to help you secure a settlement that compensates you for costs like medical bills and lost wages. You can reach us at (561) 293-2600 or contact our Orlando or Boca Raton offices online to schedule a free consultation.

How Common is Negligent Security?

Unfortunately, negligent security practices are more common than you would like to think. Property managers may prioritize profits over customer security. Alternatively, they may simply be careless. Either way, too often it is innocent customers or invitees who pay the price for their negligence.

Examples of Common Negligent Security:

  • Broken locks or gates
  • Low lighting
  • Absent or improperly trained security guards
  • Broken cameras
  • Fences in disrepair
  • Malfunctioning or nonexistent alarms

Where Do Security Issues Frequently Occur?

Locations where people tend to be distracted or isolated are often targets for attacks or prime conditions for accidents. Accidents resulting from negligent security typically occur in places where necessary security measures have been allowed to fall into disrepair or were never implemented in the first place. A few common locations or accidents related to negligent security practices include:

  • Parking lots
  • Bars and nightclubs
  • Convenience stores
  • Hotels
  • Bus stops
  • Restaurants
  • Gas stations
  • Apartment buildings

Accidents that Occur as a Result of Negligence

A business or property owner who does not properly maintain their store, restaurant, or other property jeopardizes the safety of their employees and the public. Accidents and intentional torts can result in life-threatening injuries that cost plaintiffs their health and their financial stability. A few common types of negligent security accidents and torts include:

  • Slip and fall accidents
  • Shootings or stabbings
  • Sexual assault
  • Battery 
  • Kidnapping 
  • Destruction of property and theft

Types of Evidence Used in Negligent Security Cases

In order to demonstrate that the property owner is indeed liable for your injuries and related damages, your personal injury lawyer will need to rely on compelling evidence to meet the burden of proof. The difficult part of proving liability in a negligent security claim is often that the resources we would normally rely on for evidence may very well be the reason for the negligence accusation. 

For example, we would often pull security camera footage to verify our client’s account of events, but the missing security cameras may be the issue that made them a target in the first place. Examples of the types of evidence used in a Florida negligent security claim include:

  • Security camera footage
  • Medical records
  • Eyewitness testimony
  • Receipts 
  • Pictures or videos of the scene

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

Negligent security lawsuits are a form of personal injury lawsuits, which are generally based on a claim of negligence. In Florida, negligence-based claims can be brought for 4 years after the accident occurred, in most cases. For negligent security claims, it’s often beneficial to begin the process of filing a claim as soon as possible before evidence is destroyed or compromised. For example, you may have sustained a serious traumatic brain injury after being struck in the head for your wallet in a dimly lit convenience store parking lot. 

In order to prove that the store owner is liable for the cost of your medical bills and lost wages, you would need to secure evidence that the lights were burnt out before the owner has a chance to replace them. An experienced negligent security attorney can assist you with collecting the evidence you need to support your claim and meet all relevant deadlines.

Important Florida Laws that Affect Negligent Security Claims

One of the key tenants for any negligent security claim is a concept known as foreseeability. When the location or circumstances of a business lend the property to accidents or crime, the property owner is responsible for taking steps to prevent injury or property damage. For example, convenience stores are notorious targets for theft and other intentional torts. Florida law imposes additional security-related restrictions for these types of businesses because their risks are foreseeable. If the property owner fails to reduce the risk of accident or injury, they can be found liable for damages.

Florida law has additional laws concerning liability for property owners. In some cases, a third party will cause harm or injury to another party while on However, property owners can still be found at fault if the third party was controlled by the property owner, and used an object that the property owner was responsible for. The property owner may also share liability in situations where they were in control of the premises.

In addition to laws governing liability, negligent security cases negotiated in Florida often factor in temporal proximity. Essentially, you can consider the history of the property owner’s negligence when arguing for damages. For example, let’s say a property owner owns a business in a high-crime area but has a record of allowing parking lot lights to burn out. In the past six months, three people have had their cars broken into and one person has been assaulted. That information can be considered relevant in a Florida negligent security claim, as it establishes a pattern of negligence.

Why Should I Hire Osborne & Francis to Be My Negligent Security Lawyers?

The negligent security lawyers of Osborne & Francis have proven themselves to be knowledgeable, empathetic advocates who obtain impressive results. Our team of skilled personal injury attorneys has been practicing law in Florida for the past 7 years. During this time, we have cultivated the resources and expertise necessary to handle complex negligent security lawsuits and secure maximum compensation for our injured clients. 

It’s critical to have a formidable legal team like ours on your side when it is time to face off with the negligent party’s insurance company. They will undoubtedly want to avoid paying out a large settlement. That means they will likely attempt to undermine your claim or even get it dismissed.

Our team recognizes that medical bills, lost wages, property damage, and emotional stress often take a profound toll on an injured client. We will fight tooth and nail to ensure that you are compensated for the full value of your damages.

Contact Osborne & Francis Today to Schedule a Free Case Evaluation

Unexpected injuries often entail numerous costs to your finances and mental health, as well as your overall physical health. Knowing that your injuries and damages could have been prevented if a property owner had been more careful can be frustrating and devastating. The negligent security lawyers of Osborne & Francis can help you hold them accountable in a personal injury lawsuit.

Our trial attorneys will be by your side every step of the way, in pretrial negotiations and the courtroom. You won’t have to worry about facing a powerful insurance company alone. We will keep you informed throughout the process and prioritize your needs at every step.

If a property manager has failed to prevent foreseeable harm and you have been injured as a result, you should consider taking legal action. The seasoned personal injury attorneys of Osborne & Francis can help you explore your options and guide you through the personal injury claims process. You can reach us at (561) 293-2600 or contact our Orlando or Boca Raton offices online to schedule a free consultation.

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