Negligent security cases involve injuries caused by foreseeable criminal acts that occur because a property owner failed to take reasonable safety measures. These cases are a form of premises liability under Florida law and often arise after violent or dangerous incidents that could have been prevented with proper security.
At Herring & Herring, P.A., negligent security matters are handled with care, preparation, and respect for the seriousness of the harm involved. Attorney Michael Herring and Attorney Scott Herring represent individuals and families who were injured due to unsafe conditions on commercial or residential property.
Understanding Negligent Security Under Florida Law
Property owners in Florida have a legal duty to maintain reasonably safe premises for guests, tenants, and customers. This duty includes taking appropriate steps to protect against foreseeable criminal activity.
Negligent security does not mean a property owner guarantees safety at all times. It means that when warning signs exist, such as prior crimes, inadequate lighting, broken locks, or lack of access control, reasonable precautions must be taken. When those precautions are ignored, and someone is harmed, a negligent security lawsuit may arise.
These claims focus on what the property owner knew or should have known and whether reasonable security measures were in place at the time of the incident.
Locations Commonly Involved in Negligent Security Cases
Negligent security incidents frequently occur in places that are supposed to be safe. Apartment complexes, condominiums, hotels, motels, parking garages, shopping centers, bars, and nightclubs are common locations.
In many personal injury cases involving negligent security, the property had a history of criminal activity or ongoing safety complaints. Poor lighting, unsecured entrances, malfunctioning gates, and a lack of security personnel are recurring issues. A careful review of the property’s condition and history is critical in evaluating liability.
Injuries Associated With Negligent Security
Criminal acts linked to negligent security often result in serious injuries. These may include physical trauma from assaults, long-term psychological harm, or permanent disability. Medical treatment, lost income, and ongoing care needs are common consequences.
In the most severe cases, negligent security incidents lead to wrongful death. These cases are particularly complex and require a thorough understanding of Florida negligence and wrongful death law. Each personal injury case is unique and requires a fact-specific evaluation.
Who May Be Held Responsible
Liability in negligent security cases may extend to multiple parties. Property owners, landlords, management companies, and, in some cases, third-party security contractors may share responsibility.
Determining who controlled security decisions is a key part of the investigation. Lease agreements, service contracts, and maintenance records often provide insight into who is responsible.
An experienced negligent security attorney in Florida understands how to identify all potentially liable parties and pursue appropriate claims.
How Negligent Security Claims Are Proven
Negligent security cases rely heavily on evidence. Police reports, prior incident records, crime data, surveillance footage, lighting inspections, and witness testimony all play an important role.
Expert analysis is often used to explain what reasonable security measures should have been in place and how their absence contributed to the injury. These cases are frequently contested and require careful preparation. Early involvement of negligent security lawyers can help preserve evidence that might otherwise be lost.
Florida’s Comparative Fault Rules in Personal Injury Cases
Florida follows a comparative negligence system. It means fault may be shared among parties. Defendants in negligent security cases often argue that the injured person shares responsibility to limit their financial exposure.
While criminal responsibility remains with the offender, civil liability may still attach if a property owner’s negligence contributed to conditions that enabled the crime. Comparative negligence does not automatically bar recovery, but it can affect the amount of damages.
Damages in a Negligent Security Lawsuit
Compensation may include medical expenses, lost wages, future loss of earning capacity, and pain and suffering. When injuries are permanent or life-altering, damages may be significant.
In wrongful death cases, surviving family members may pursue compensation for losses recognized under Florida law. These claims involve additional legal considerations and strict filing deadlines. The value of a negligent security case depends on the severity of the injury and the strength of the evidence.
Frequently Asked Questions About Negligent Security
Do I have a negligent security case if the crime was unexpected?
A crime need not be predicted with certainty to be foreseeable. Prior similar incidents, crime patterns in the area, or known safety issues can establish foreseeability under Florida law. These factors can be used to build your personal injury case.
Can a property owner still be liable if security guards were present?
Yes. Liability may still exist if security personnel were inadequately trained, understaffed, or failed to follow reasonable security procedures. There may be more than one party liable, such as the property owner and the security company.
What if the property owner claims they were unaware of prior crimes?
Lack of actual knowledge does not automatically eliminate liability. Courts often consider whether the owner should have known about risks based on available information.
How long do I have to file a negligent security lawsuit in Florida?
Florida law has a statute of limitations for filing personal injury cases. Missing these deadlines can prevent recovery, making it important to seek legal guidance promptly.
Are negligent security cases only against businesses?
No. These claims may involve residential properties, such as apartment complexes or condominiums, as well as commercial locations.
Why Choose Herring & Herring, P.A.?
Herring & Herring, P.A., has represented injured individuals in Central Florida since 1985. From their Sanford office, Attorneys Michael and Scott Herring bring decades of experience handling negligence-based civil litigation.
Our attorneys take a case-by-case approach to negligent security matters by carefully evaluating each claim before proceeding. Clients receive direct communication and practical guidance throughout the legal process.
Contact Herring & Herring, P.A. at their Sanford, Florida office by calling (407)323-6700 or completing our online form. If you experienced unsafe conditions that caused harm, you deserve answers, accountability, and a law firm that will fight for you.
