Florida’s Negligent Security Claims

Guests reasonably expect to be safe from personal injuries while on someone else’s property in Florida. But this expectation covers more than hazards like wet floors. It also means that you should be reasonably safe from being robbed or assaulted while on someone else’s property. 

If you are a victim of violence or theft, you may have a claim for negligent security against those responsible for the premises.

Negligent Security Claims

Florida does not have a statute defining the standard security that property owners and occupiers must provide. Instead, negligent security falls under the same laws as other premises liability claims. To prove negligent security, you must show:

• Duty of care
• Breach of duty
• Damages
• Causation

Those responsible for premises owe a duty of care to invitees.

This category covers:

• Guests
• Customers
• Clients
• Vendors and service providers
• Delivery people

Trespassers have not been invited onto the property and thus, are not invitees.

Parties that might owe a duty of care include:

• Landlords
• Property managers
• Security companies
• Parking lot operators

Shops, restaurants, and nightclubs might also have a duty to provide security.

Breach of Duty

A breach of duty happens when these parties fail to exercise reasonable care. In the case of negligent security, this typically means they knew or should have known of a security issue and failed to take steps to protect invitees.

Some common breaches of duty include:

• Inadequate parking lot lighting
• Lack of security guards
• Lack of fences or other security systems to protect invitees’ property
• Inadequate training of employees to deal with security issues

Causation means the failure led to the victim’s injury. The main legal issue that arises in negligent security claims is intervening cause. 

Unfortunately, you can be victimized even if a business takes reasonable measures to secure its premises. In these cases, the perpetrator’s actions are an intervening cause that breaks the causal chain and blocks you from taking action against the business.

Recovering Compensation in a Negligent Security Claim

A negligent security claim is separate from any criminal prosecution. If you win your claim, you recover compensation for your economic and non-economic losses, such as medical bills, lost wages, and mental anguish. 

Contact the experienced team at Shrader Mendez & O’Connell online or call 813-360-1529 for a free consultation to discuss your negligent security claim in Tampa today.