Injured as a Result of Negligent Security in Florida?

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Negligent security cases occur when someone is injured due to insufficient security measures on another party's property. In Florida, these cases are governed by premises liability law, which holds property owners and managing parties accountable for ensuring the safety of individuals on their premises. When security measures falter and lead to harm, establishing liability can be complicated, as it involves assessing the duties and responsibilities of different parties.

 

The main obligation to maintain a secure environment usually falls on the property owner or the entity in charge of managing the property. This could be a commercial property like a shopping center, office building, parking garage, nightclub, bar, or restaurant. Property owners and management companies are generally expected to take reasonable precautions to avoid foreseeable risks, which includes implementing appropriate security measures such as adequate lighting, surveillance cameras, security personnel, and access controls. If it can be demonstrated that a lack of sufficient security contributed to an incident where someone was injured, the property owner or manager may be held liable.

 

For instance, if a nightclub has a known history of nearby criminal activity and it neglects to install security cameras, hire security staff, or install adequate lighting in its parking lot, it can be held accountable if a patron suffers an attack on the property. Foreseeability plays a crucial role here; if the risk of harm was predictable and the property owner failed to take action to reduce it, they may be liable for the resulting injuries.

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Oftentimes, property owners and businesses engage third-party security companies to provide protective services on the property. Those third-party security companies are responsible for implementing security measures, monitoring the property, and responding to incidents. Should a security company inadequately fulfill its duties and this leads to injury, that company can also be found liable for negligence. Potential liability may arise from various shortcomings, such as inadequate training of security staff, ineffective monitoring of surveillance footage, or slow responses to security incidents.

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While the usual focus in negligent security cases is on property owners, management companies, occupying businesses, and security providers, there are situations where third parties or the criminal actors themselves can be held accountable. This usually occurs when the perpetrator is identifiable and can be legally pursued. In such cases, the criminal can be held responsible for the harm they inflicted. However, pursuing legal action against criminals can be difficult, as they often lack the financial means to adequately compensate victims.

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Due to a change of law in March 2023, for premises liability cases involving negligent security, Florida Statute now, unfortunately, states that a jury must assign fault to all individuals who contributed to an injury. This includes the third-party criminal actor. Prior to this recent change in law, juries could only apportion liability among negligent actors and could not consider the conduct of the person who committed the crime. 

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Negligent security incidents can result in severe injuries and significant medical expenses. Understanding your rights and the legal responsibilities of property owners, businesses, and management companies in Florida can empower you to take appropriate action if you're injured due to someone else’s negligence. Documenting the accident, seeking medical care, and consulting with an experienced personal injury lawyer can make all the difference in your pursuit of justice.

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If you or a loved one was injured due to negligent security on commercial premises in Florida, don’t hesitate to seek legal counsel. Your health, safety, and well-being are paramount, and the right legal support can help you navigate the complexities of your case while seeking the compensation you deserve. Don't leave money on the table that you may be entitled to. Protect your rights and future by contacting Florida Personal Injury Lawyer Bethany Dolezal of Dolezal Law, P.A., at (888) 411-7854 or bethany@dolezallaw.com.