Negligent Security Lawyers in Bradenton

Experienced Premises Liability Attorneys Dedicated to Helping Victims Seek Justice and Recover Compensation

Whether you were a victim of battery, assault, or a criminal act, the negligent property owners who failed to provide adequate security measures should be held liable, and you should receive compensation.

Negligent security falls under premises liability because it involves the duty of a property owner to keep a public place safe for others to visit. When that doesn’t happen, victims can hold the property owner liable for failure to provide a reasonable degree of security.

For incidents occurring after March 24, 2023, the circumstances of this particular type of case must be analyzed very carefully, as a new law has allowed certain protections to owners of multi-family housing complexes within the State of Florida, provided that they comply with certain security features. Further, juries are now permitted to assess or apportion fault against a third-party criminal actor, even where the owners of any such complex were aware of the propensity for criminal activity and violence on the premises.

In a place of business, proper precautions need to be taken to prevent dangerous conditions, and businesses are responsible for providing a safe environment. Each cause of negligent security can also be situationally dependent. If a business is in an area where a lot of shootings occur, more precautions should be taken in comparison to an area where shootings are rare. Either way, security measures in public places should always be in place to protect patrons.

At Legler, Murphy & Battaglia, LLP, we will help determine who is at fault and what steps need to be taken next so you can get back to your life again and heal. Our personal injury attorneys can help you navigate your claim.

Request a free consultation today to discuss your financial compensation options.

Do You Have a Valid Negligent Security Case?

Property owners have a duty to keep their premises reasonably safe for visitors. When they fail to provide adequate security, they may be held responsible through a negligent security claim. These claims fall under premises liability law, which holds owners accountable if unsafe conditions lead to harm. In negligent security cases, victims may pursue compensation if inadequate safety measures contributed to their injuries.

Certain circumstances may disqualify your case from proving negligent security in an insurance claim or personal injury lawsuit. A Florida negligent security lawyer can review your case and determine whether a property or business owner had a legal responsibility to you as a guest or invitee.

A public invitee is any member of the public who is invited to enter and remain on the premises, provided that they are using that land for the purposes intended for members of the public. Property owners, whether they be commercial business owners or municipalities, are responsible for protecting public invitees against foreseeable third-party criminal acts and must inform the public invitee of potential dangers that the invitee may not have known about.

Business invitees are individuals who are invited to enter properties to engage in commerce or business dealings. For example, a shopper entering a convenience store is considered a business invitee. Business invitees are protected by the same stipulations afforded to public invitees.

A licensee by invitation is a social guest of a property owner, usually a private property owner. In most cases, licensees by invitation are afforded the same stipulations as public invitees. In Florida, those trespassing on or using the property for purposes other than its intended use may not be protected by the same stipulations.

You must establish a few key criteria to file a negligent security case successfully. First, you and your Florida negligent security attorney must show that the property owner owed a duty of care to provide adequate security and security patrols to keep lawful visitors safe. Next, you and your attorney must establish that the property owners breached this duty of care by not implementing reasonable security measures. Examples of poor security measures may include a lack of lighting, broken locks, a lack of security patrols, and operational security cameras. As a result of the breach of duty, you must show that the breach directly caused your injuries.

A clear link between the property owner’s negligence and your injuries must be established to ensure they are held accountable. Finally, Florida law often requires establishing that a crime was foreseeable in some manner. This may entail demonstrating that the property was in an area known for criminal activity or that similar criminal acts had occurred on the premises in the past. In Florida, property owners cannot usually be held accountable for unpredictable crimes.

What Are Common Negligent Security Scenarios?

Negligent security can take many forms, depending on the property and situation. Some common scenarios include:

• Inadequate Lighting: Poorly lit parking lots, stairwells, and entryways can create opportunities for attacks or assaults
• Lack of Security Personnel: Some properties, such as apartment complexes or nightclubs, may require trained security guards to deter criminal activity
• Broken Locks or Fences: Defective gates, doors, and windows can allow unauthorized individuals to enter a property and cause harm
• Failure to Monitor Surveillance Cameras: Security cameras should be functional and monitored to help prevent incidents or respond quickly when threats arise

Victims of inadequate security may have legal options if a property owner failed to take reasonable steps to protect them. Legler, Murphy & Battaglia, LLP, works to help clients navigate their claims and pursue the compensation they deserve.

Where Do Negligent and Inadequate Security Incidents Commonly Occur?

Crimes and accidents caused by inadequate security measures can occur virtually anywhere, but certain properties and locations may experience more such incidents than others.

Florida properties where criminal activities, assaults, and accidents caused by poor security frequently occur include the following:

• Amusement parks and theme parks
• Apartment complexes, particularly in parking lots or stairways
• Bars and restaurants, particularly in the late-night hours
• Colleges and universities
• Convenience stores
• Gas stations
• Government buildings
• Hotels and resorts
• Music venues
• Nightclubs
• Office buildings
• Parking garages
• Parks and playgrounds
• Shopping malls and strip malls
• Sports stadiums

When members of the public are welcomed for the financial benefit of property owners and businesses, those property owners and businesses have the highest duty of care to their invitees. If a property owner fails in their duty to provide reasonable security measures to keep lawful invitees safe, they may be held accountable for damages related to the incidents, including medical bills and more.

Who Can Be Held Liable in a Florida Negligent Security Case?

The person who committed the criminal act isn’t being sued, but the place of business that failed to provide proper security is.

Negligent security cases are civil matters entirely separate from criminal cases. A criminal or assailant does not have to be convicted or caught by law enforcement for a victim to proceed with a negligent security claim against the property owners. Customers, guests, tenants, and other lawful invitees are owed a certain duty of care, and when a property owner fails to provide adequate security, they may be held responsible.

To determine who may be held liable for damages in your inadequate security case, please schedule your free initial consultation with our Florida personal injury attorneys today.

What Are the Reasonable Security Measures That a Florida Commercial Property Must Provide?

The level of security that is deemed reasonable can vary depending on several circumstances. For example, if the property is located in a high-crime area or there has been a history of criminal activity linked to the premises, then the security measures may need to be more robust than those in safer neighborhoods.

Potential security measures that could be considered reasonable could include the following:

• Adequate warning signs to alert visitors to potential dangers
• Alarms and emergency phones
• Doors and gates that require keys or codes to unlock
• Gated entries, sometimes manned by security personnel
• In-depth screening of employees and visitors
• Intercom systems
• Lifeguards on duty around swimming pools
• Lighted stairways and hallways
• Proper lighting in parking lots and parking garages
• Security cameras in working condition
• Security guards and regular security patrols
• And more

If you need help determining whether your case is an example of inadequate or negligent security, please contact our law office to schedule your free case review today.

Are There Notable Differences Between Negligent Security and Inadequate Security in Florida?

Premises liability law holds property owners responsible for maintaining a safe environment for visitors, tenants, and customers. Within this legal framework, terms such as inadequate security and inadequate duty of care describe situations where a property owner fails to implement proper safety measures, leading to preventable harm.

What is Inadequate Security?

On the other hand, inadequate security or inadequate duty of care applies when no security measures were implemented at all, despite a foreseeable risk of harm. This situation often arises in high-crime areas where businesses, apartment complexes, or entertainment venues fail to provide security guards, alarm systems, or adequate lighting to protect patrons and residents. Without these safeguards, individuals on the premises may be left vulnerable to assaults, robberies, or other dangerous incidents.

What is Considered Negligent Security?

Negligent security occurs when a business or property owner provides security but fails to do so effectively. This could involve hiring untrained security personnel, failing to monitor security cameras, or neglecting to repair broken locks or gates. Even when some level of security is in place, it must be sufficient to deter foreseeable threats. When property owners fail to take necessary precautions, victims may have grounds for a negligent security claim if they suffer harm due to criminal activity.

Florida property owners who disregard their responsibility to provide reasonable safety measures put visitors at risk. Those who suffer harm due to negligent security may pursue legal action to hold owners accountable and seek compensation for their injuries.

What Are Different Examples of Negligent Security on Public and Private Property?

• Poor lighting in a public place, such as a parking garage or apartment building
• Faulty or improperly maintained security systems and video monitoring
• Lack of signage
• Lack of emergency exits or improperly lit emergency exit signs
• Not enough security guards to secure the area, or improperly trained security guards

What Tragic Consequences May Befall Victims of a Personal Injury Accident or Violent Crime, Because of the Failure to Provide Adequate Security Measures?

• Assault
• Battery
• Shootings
• Murder
• Criminal acts that cause harm

What is Wrongful Death Due to Failure to Take Reasonable Security Measures?

When a family member or loved one dies as a result of a property owner not having proper security measures in place, you may be entitled to pursue a wrongful death claim. At Legler, Murphy & Battaglia, LLP, our negligent security personal injury team will investigate the evidence and records you provided. We know that a wrongful death case is traumatic and heartbreaking, especially if it’s due to a violent crime that could have been prevented. We will do everything we can to fight for justice for you.

What Sort of Financial Recovery is Possible with a Successful Negligent Security Claim?

With a successful case, it is possible to recover financial compensation for your injuries and other losses related to your negligence security case.

Potential damages that you could collect in a successful negligent security case may include the following:

• Past medical bills and future medical expenses
• Lost wages and lost income-earning capacity
• Chronic physical pain and suffering
• Mental anguish and emotional distress compensation
• Psychological trauma and the cost of ongoing mental health therapy
• Lost or diminished quality of life
• Property damage
• Loss of companionship or consortium
• Wrongful death damages

The value of your case will depend on several factors, including the severity of your injuries, your inability to return to work, and more.

Contact Our Florida Law Firm to Schedule a Free Case Evaluation with Our Personal Injury Lawyers

Protect your rights when you are injured. If you are injured or recovering, let us come to your home, the hospital, or another convenient location. There are no fees or costs until and unless we achieve a successful outcome in your case.

To schedule a free consultation with a lawyer at Legler, Murphy & Battaglia, LLP, call 941-299-0308.