Holding Businesses Liable for Ignoring Crime (Negligent Security Claims)

What Does a Negligent Security Claim Consist Of?

Negligent security, legally speaking, is a form of premises liability claim that holds property owners responsible for failing to take proper security measures, which can lead to crime that causes you harm. These negligent security cases typically arise when a business owner knew or should have known about potential dangers but took no steps to prevent them.

Under Florida (and other states) laws, if you’re a victim of this type of crime, you may have a right to hold negligent businesses accountable for failing to provide adequate security. This area of the law, “negligent security,” is an offshoot of premises liability and a significant legal means for victims to recover compensation for preventable harm.

You must note that under the law, property owners and businesses have a legal duty to keep their premises reasonably safe for their customers, guests, and other lawful visitors. This lawful duty includes protecting people from foreseeable criminal acts against them.

Suppose a shopping center has a history of muggings in its poorly lit parking lot. In this case, the owner must take reasonable measures to deter crime, such as installing better lights, hiring security guards, or setting up cameras.

If the property owner knows there’s a problem and fails to act, and you’re attacked, you have the legal right to sue for the negligent security compensation you need and deserve.

As an example, some of the most common places where negligent security claims happen in Miami are:

• Apartment complexes, condominiums, etc.
• Hotels, resorts, and motels.
• Bars and nightclubs.
• Shopping malls, strip malls, and other retail stores.
• Parking lots, underground, or high-rise garages.
• Gas stations and convenience stores that are open 24 hours a day.
• College campuses, schools, and much more.

Although negligent security claims happen daily, they can be legally complex. If you or a loved one has been attacked while at a business, etc., then obtaining the professional, knowledgeable, and empathetic advice of a negligent security lawyer is mandatory.

How Do I Know When a Business Is Liable for Crime on Its Property?

It is important to note that Florida (and most states) premises liability laws don’t make businesses immediately and strictly liable for all crimes on their property; there are times when crime is not always preventable. For a company or business to be liable, you and your well-versed negligent security lawyer must prove that the crime was foreseeable and the business failed to take reasonable steps to prevent it.

Just a few of the factors that your lawyer will look for to help establish this foreseeability and negligence are:

• A history of criminal activity in the area – Has there been a pattern of similar and other crimes at this property or nearby?
• Obvious inadequate security issues – Poor lighting, broken or missing locks, or no security presence.
• Failure to correct the issue – If the owner knew the risk existed and ignored it or failed to respond to previous incidents, and more.

Suppose a Miami Beach bar has a history of violent fights and stabbings in its parking lot, but the owner never hires security or adds cameras. If you’re seriously injured in a fight, you could have a valid negligent security claim; the danger was foreseeable, preventable, and nothing was done.

These cases are usually legally complex because property owners can defend themselves and argue that the crime was unforeseeable or that they took reasonable steps to secure the premises. However, your diligent, thorough, and highly experienced negligent security lawyer will know precisely how to present and counter the owner’s excuses. 

How May My Lawyer Prove My Negligent Security Claim?

Your lawyer is aware that foreseeability is a key element in negligent security cases. To determine if a crime was predictable, the court will examine whether similar crimes have happened in the same area and numerous other factors.

Although many issues may be looked into, for you and your lawyer to succeed in a negligent security claim, your side must prove:

• The property owner had a lawful duty to provide reasonable security –  Businesses, landlords, etc., are responsible for keeping their premises safe for customers, tenants, and guests.
• The property owner failed to provide adequate security – Actions such as failing to install proper lighting, neglecting to hire security personnel, or ignoring prior criminal activity on the premises.
• The crime was foreseeable in nature – For example, similar crimes had previously occurred in this area, and the property owner should have taken reasonable steps to improve security.
• You, as the victim, suffered harm due to this lack of security – Documentation such as medical records, police reports, and eyewitness testimony will be used to establish that the crime would have been less likely to occur if proper security measures were in place.

Your experienced, knowledgeable negligent security lawyer will know that extensive evidence, such as crime statistics, expert testimony, and security assessments of the property, is often required in all these cases; your lawyer will ensure that all pertinent information is included.

What Legal Challenges May Arise in a Negligent Security Case?

Of course, every case differs, but although needed compensation can be obtained, litigating a negligent security claim in Miami is always challenging. These cases often find you fighting against large companies, property managers, or corporate landlords, who all have significant legal resources. However, with experienced, communicative, and diligent professional counsel, you have an essential opportunity to get the full compensation you need and deserve.

As the victim, though, you must prove several elements to succeed:

• A legal duty of care existed – The owner had a legal duty to provide security.
• The owner breached that duty – The security provided was inadequate.
• The crime was foreseeable – What occurred to harm you was reasonably predictable based on past incidents, etc.
• Causation – The crime happened due to the lack of security measures, leading directly to your injuries.
• You suffered damages – As the victim, you suffered harm and losses directly.

I Suffered an Attack That Could Have Been Avoided; How Should I Proceed?

If you’ve been the victim of an attack, robbery, or other violent crime at an apartment complex, hotel, nightclub, etc., in Miami (or New York), never let the owner off the hook for putting their profits over their customers’ safety; you have legal recourse.

The experienced, knowledgeable, and empathetic negligent security lawyers at Linton Robinson & Higgins LLP are passionate about their clients’ physical, emotional, and financial well-being. Call them today in Miami at 786-882-7316 or New York City at 332-241-9036 for a free consultation on your unique premises liability case. They will clearly and professionally ensure you fully understand your premises liability rights, thoroughly investigate what occurred, and fight tirelessly to hold negligent businesses accountable for your physical and financial losses.