Negligent security generally involves a claim that a person or business responsible for a property failed to take reasonable security measures and that this failure contributed to someone being injured by a third party.
A person bringing a negligence claim generally needs to establish four separate parts: duty of care, breach of duty, causation, and damages. Each part plays a different role. You need to be able to show that the other party had a responsibility to act with reasonable care, failed to meet that responsibility, and that caused an injury or loss as a result. These ideas can come into play in security negligence cases. Understanding the four proofs of negligence can help explain what may need to be established in a negligent security claim and what burden of proof applies when seeking compensation.
Duty of Care
The first proof is duty of care. A duty of care is a legal responsibility to act with a certain level of care toward another person. The exact duty depends on the circumstances. In a negligent security case, the question may involve what responsibility a property owner, operator, manager, or another party had toward a person who was lawfully on the property.
For example, a business owner may have responsibilities toward customers who enter the property. An apartment property owner may also have certain responsibilities involving people who lawfully use the premises.
Establishing a duty is only the starting point. The next question is whether that duty was breached.
Breach of Duty
A breach of duty happens when someone fails to meet the applicable standards for duty of care.
In a security negligence case, this could involve allegations that reasonable security precautions were not taken under the circumstances. The facts matter quite a bit here. A security measure that may be reasonable for one property or situation may not necessarily be the same for another.
Examples of security issues that may become relevant can include:
- Broken or missing locks
- Poor lighting
- Damaged gates or fences
- Security cameras that were not functioning
- Failure to address known security problems
- Inadequate security measures under the circumstances
Proving that a security problem existed, however, does not automatically prove the entire claim. There still needs to be a connection between the alleged breach and what happened to the injured person.
Causation
Causation connects the negligent conduct to the injury.
In other words, it is not enough to show that a property had a security problem and that someone was injured. The person bringing the claim generally needs to establish that the alleged negligence was connected to the harm they had suffered.
This can become a disputed part of negligent security cases, especially when the immediate injury was caused by the criminal act of another person.
Florida Law specifically addresses premises liability claims involving criminal acts committed by third parties. Under Florida Statute § 768.0701, when a person lawfully on property is injured by a third party’s criminal act and brings an action for damages against an owner, lessor, operator, or manager, the trier of fact must consider the fault of everyone who contributed to the injury.
Because several people or actions may have contributed to an incident, causation and responsibility can require a close review of what happened before, during, and after the event.
Damages
The final part is damages. A negligence claim generally requires an actual injury or loss. Damages will depend on the facts of the case. Someone who was physically injured during an incident, for example, may have medical bills, and other financial losses connected to their injuries. More serious injuries could affect a person’s ability to work or require continued medical care.
Records can become particularly important when establishing damages. Documentation that may help show how an injury affected a person’s health and finances includes:
- Medical records
- Medical bills
- Employment records
- Lost wage documentation
- Receipts for injury-related expenses
- Records of ongoing medical treatment
Without damages, proving that someone acted negligently may not be enough to support a claim for compensation.
What Is Considered Security Negligence in Florida?
Negligent security generally involves a claim that a person or business responsible for a property failed to take reasonable security measures and that this failure contributed to someone being injured by a third party.
These cases can involve many types of properties, including:
- Apartment complexes
- Hotels
- Shopping centers
- Restaurants and bars
- Parking lots and garages
- Office buildings
Depending on the circumstances, a negligent security claim may involve problems with:
- Poor or broken lighting
- Broken door or window locks
- Gates that do not work properly
- Missing or malfunctioning security cameras
- Unsecured entrances or exits
- Other security problems on the property
Florida also has laws that address security at certain types of properties. For example, some apartment properties may need security measures such as cameras at entrances and exits, proper lighting, working door and window locks, and certain gate protections.
However, a negligent security claim is not based on just one security measure. Every case is different. The type of property, what happened, the security that was in place, and the actions of the people involved can all affect whether negligence occurred from both a security professional standards viewpoint and jury considerations of what was reasonable.
What Evidence Can Help Prove a Negligent Security Claim?
Evidence can help answer some of the biggest questions in a negligent security case: What security measures were in place? Were there known problems? What happened when the person was injured? Could the alleged security failure have contributed to the incident?
Useful evidence will vary from one case to another. It may include:
- Security camera footage
- Photographs or videos of the property
- Police reports
- Incident reports
- Witness statements
- Records of previous incidents or complaints
- Maintenance and repair records
- Records involving broken locks, gates, lights, or other security features
- Security policies or procedures
- Medical records documenting injuries
- Bills and wage records documenting financial losses
Some evidence may not remain available forever. Video recordings can be overwritten, physical conditions can change, and witnesses may forget details as time passes.
For that reason, gathering information soon after an incident can be important. Even simple details, such as the exact location of the incident and photographs showing what the area looked like at the time, may become useful when the circumstances are reviewed later.
When Should You Contact a Florida Negligent Security Lawyer?
If you were injured during a criminal incident on someone else’s property and believe inadequate security may have played a role, you may want to speak with an experienced Florida negligent security lawyer about what happened to discuss how much is my case worth, how long does a case take, and whether you can sue my landlord or property owner.
A negligent security lawyer can review the circumstances surrounding the incident and determine what Florida laws may apply. This can include looking at who owned, operated, leased, or managed the property, what security measures were present, whether there were previous problems, and what evidence may still be available within the statute of limitations for filing your claim.
A negligent security law firm can also investigate potential sources of evidence and examine how the four proofs of negligence apply to the facts of the case.
Negligent security claims can become complicated because the person who directly caused the injury may not be the only party whose conduct is considered. Florida law requires the trier of fact in certain premises liability cases involving third-party criminal acts to consider the fault of all people who contributed to the injury.
Being injured because of a violent or criminal act can leave you dealing with medical treatment, missed work, and questions about why the incident happened in the first place. If you believe poor security contributed to your injuries, you do not have to figure out the legal side of the situation by yourself.
Contact a Florida negligent security lawyer to discuss what happened, learn whether you may have grounds for a claim, and find out what options may be available under Florida law.
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