Negligent Security Attorney in Plantation, Florida

When you visit someone else’s property – commercial or residential – you have a fair expectation that you will be kept reasonably safe. Property owners and occupiers have the duty to ensure that their premises are secure and reasonably free from known hazards. Sometimes, however, a property may have negligent security as a result of the owner’s failure to install adequate security measures to keep their visitors safe.

If you or someone you love was attacked or suffered harm due to the criminal conduct of a third party, you might be able to bring a negligent security claim against the owner of the property to recover damages. At the Law Offices Of Garry F. Connell, PA, I can work with you to determine whether you have grounds to sue the property owner for inadequate security measures.

I represent injured victims and the families of those who were killed as a result of third-party crimes in negligent security cases in Plantation, Fort Lauderdale, Hollywood, Miami, and Pembroke Pines, Florida.

What Is Negligent Security?

The legal term “negligent security” refers to a cause of action brought by an injured individual or surviving family members of a deceased person who suffered harm on someone else’s property due to the owner’s failure to put reasonable security measures in place.

You could potentially sue the owner of the property where you were attacked, assaulted, or otherwise harmed by a third party. You might have grounds to pursue a negligent security claim regardless of whether your injury occurred on a commercial or residential property.

Common types of criminal offenses that may give rise to an inadequate security claim include:

• Assault

• Aggravated assault

• Battery

• Robbery

• Sexual assault

Negligent security claims are commonly brought against the following types of properties:

• Gas stations

• Apartment complexes

• Hospitals

• Office buildings

• Motels or hotels

• Retail stores

For example, the following situation may give rise to a negligent security claim against a property owner. An apartment complex was made aware of its broken locks on the front door two weeks ago. However, the apartment complex failed to fix the broken locks for two weeks, allowing an intruder to enter the apartment building and assault one of its residents. The injured resident could pursue a negligent security claim against the apartment complex.

What Must the Plaintiff Prove
in a Negligent Security Case?

A plaintiff, the person who was injured on someone else’s property because of inadequate security measures, will need to prove four elements to successfully recover damages in a negligent security case:

1. The property owner owed them a duty of care because the plaintiff was lawfully on the property;

2. The property owner breached the duty because of their failure to install adequate security measures;

3. The plaintiff was injured due to a third party’s acts that could have been prevented had the property owner installed adequate security measures; and

4. The plaintiff suffered actual damages (monetary and non-monetary) due to the property owner’s negligence.

A plaintiff may not succeed in a negligent security case if they cannot prove these four elements.

Defining “Adequate Security”

Under premises liability law, property owners must install adequate security measures to avoid liability for negligent security. But what constitutes “adequate security” in the context of negligent security cases? The definition of adequate security depends on the type of property and varies from one case to another.

For example, the owner of a commercial property must take reasonable steps to keep their visitors safe, including installing adequate security measures such as functioning locks, security cameras, proper lighting, and others.

There are also measures that specific types of businesses must take in order to keep their visitors safe. For example, Florida law requires owners of convenience stores to:

• Install and maintain security cameras

• Use a drop safe

• Put a notice at the entrance saying that the cash register contains less than $50

Often, victims of third-party criminal acts on someone else’s property do not realize that they have the option of suing the property owner for negligent security to seek compensation for their economic and non-economic damages.