Negligent security cases are a form of premises liability action. They’re based on the property owner’s legal obligation to provide adequate security measures to protect individuals who enter their premises. So if you become a victim of assault or any other criminal activity on someone else’s commercial or private property, you may be able to sue the owner of the property to seek compensation for your damages under Florida’s premises liability law.
What constitutes negligent security depends on the type and location of the property, whether the crime was foreseeable, and many other factors so it’s best to consult with an experienced negligent security attorney to review your case.
Typically, negligent security claims are brought against owners of commercial properties, which include the following types of locations:
Providing adequate security measures can lower the risk of a crime being committed on the property so when a property owner fails to provide proper security, they can be held liable for the resulting injuries and damages caused by a third party’s criminal acts.
Common examples of inadequate/negligent security include:
Whether or not you can sue the owner of the property on which you were injured depends on your status at the time of the incident. Typically, under Florida’s premises liability law, property owners owe a higher duty of care to invitees and licensees.
Under Florida Statutes Section 768.075, property owners are immune from liability for injuries to a trespasser on their property when:
Exceptions when a property owner may be held liable for injuries to trespassers include:
The injured party’s status at the time of the incident is not the only factor that affects their ability to sue a property owner for inadequate security measures. Negligent security claims are also based on the concept of foreseeability.
Foreseeability requires the plaintiff (the person filing the claim) to prove that the property owner could have foreseen the risk of harm or criminal act.
To prove this, a victim should contact an experienced negligent security attorney in Florida to help find evidence of similar prior criminal activities on the property or in the neighborhood to establish the concept of foreseeability.
Under the Florida Statutes Section 95.11, premises liability cases involving personal injuries must be brought within four years from the date of the injury. Thus, the statute of limitations for filing a negligent security claim in Florida is four years from the date of the incident. However, if a loved one died because of inadequate security measures on someone else’s property, the surviving family members have only two years to file a wrongful death lawsuit.
If you were injured as a result of violent criminal activity on someone else’s property due to inadequate security, you might be able to file a negligent security claim to recover the following types of damages: