What is a Negligent Security Case?
Negligent Security cases involve someone becoming injured on a property as a result of a foreseeable crime. Florida property owners and businesses have a duty of care to provide adequate security so that their premises are reasonably safe. If a property owner or business fails to provide basic security measures and crime becomes a probable and foreseeable event then they may be held liable for damages, such as injuries, property loss, and tragically, death, that occur due to a criminal act on the premise.
Where do Negligent Security cases arise out of?
The most common areas where negligent security cases arise out of include the following:
- Parking lots
- Parking garages
- Alleyways in between businesses
- Apartment complexes
- Hotels
- Entertainment venues
- Nightclubs/bars
- Colleges
For example, if there are previous criminal activities in a parking lot of a sports bar and the sports bar refuses to provide additional security measures, such as better lighting or security cameras, and one night, someone leaves the bar only to be assaulted and robbed, the victim has a case that the sports bar knowingly failed to protect its customers from foreseeable criminal acts.
By law, landlords must also take adequate precautions to protect their tenants from foreseeable crimes. For example, if they fail to fix a broken window latch in your apartment, and one day, someone enters the apartment through the opening of the broken window, and injures the tenant, then the tenant may hold the property manager and owner of the complex liable for their injuries and/or property loss.
What are examples of Negligent Security?
Crime is not always predictable. However, certain scenarios allow crime to become foreseeable and more likely to happen. Depending on the property, businesses and property owners must have safety measures in place. While a mall might have a security guard on the premise to ensure customers are safe, an apartment complex will be more likely to have locked doors, keycard access facilities, and resident-only common areas to safeguard its tenants. For example, the majority of crimes happen at night, and inadequate lighting in parking lots and dimly lit parking garages allow for more criminal activity to occur. Therefore, insufficient lighting is a common example of negligent security. Other examples include a security guard who does not perform the duties of their job, making the property they are hired to monitor less safe; additionally, broken locks, doors, and cameras on a property that expose a person on the property to danger. Other venues, such as entertainment venues and malls must provide lighting in hallways, alleyways, and entranceways, and a failure to do so may make it more probable that a crime would occur. A property that does not have emergency security measures such as an emergency phone, call station, and silent alarms might always be considered liable for damages that someone suffers as a result of a crime on that property.
While negligent security examples will vary depending on the purpose of the property, some of the most common reasons a business owner or property is found liable for someone’s damages due to negligent security include the following:
- A dimly lit parking garage that has previous reports of mugging
- A poorly stairwell that has previously been the scene of an assault
- A nightclub that failed to provide any security personnel/bouncers for a large event and therefore, exposes event-attendees to danger
- A restaurant parking lot that has been the site of several crimes
- A hotel that has faulty locks on its doors
- A sporting event that did not have security measures, such as a metal detector for patrons
- A business that does not have an alarm system or has a faulty alarm system
Why should I hire an attorney if I am injured as a result of a crime or attack?
If you have been the victim of a crime in a public place, contact an experienced attorney about your situation as soon as possible. An attorney can advise you about your case and help you navigate the next steps. Even though someone who has committed the crime will go through criminal court proceedings, you may file a claim against the property owner or business responsible for the premise where the injuries occurred. Contact us today.