You were walking to your car in an apartment complex parking lot when you were attacked and robbed. Or you were assaulted in a nightclub that failed to control known troublemakers. Or your loved on...
You were walking to your car in an apartment complex parking lot when you were attacked and robbed. Or you were assaulted in a nightclub that failed to control known troublemakers. Or your loved one was shot at a gas station that ignored repeated security warnings. In each case, a criminal committed the violent act—but was the property owner also responsible for failing to protect you? Florida law recognizes that property owners can be liable for crimes committed on their premises when inadequate security contributed to making the crime possible. These 'negligent security' claims allow crime victims to seek compensation from property owners who failed their duty to provide reasonably safe premises.
What Is Negligent Security?
Negligent security is a type of premises liability claim where the property owner's failure to provide adequate security measures allows a foreseeable crime to occur. The theory is that while the criminal bears primary responsibility for their act, the property owner also shares liability for creating conditions that allowed the crime to happen.
To succeed on a negligent security claim, you must prove the property owner owed you a duty of care, the criminal act was foreseeable, the property owner failed to provide reasonable security measures, and that failure contributed to your injuries.
The key concept is foreseeability. Property owners aren't insurers against all crimes, but they must protect against crimes they should reasonably anticipate. A history of similar incidents, the property's location in a high-crime area, or specific threats all create foreseeability that triggers the duty to provide adequate security.
When Are Crimes Foreseeable?
Foreseeability is often the central issue in negligent security cases. Courts consider several factors:
Prior incidents at the property carry significant weight. If similar crimes occurred previously—especially recently—the property owner had notice that such crimes were foreseeable. A nightclub with a history of fights should anticipate future violence. An apartment complex with prior robberies should expect more.
Location and surrounding area matter. Properties in high-crime neighborhoods face higher foreseeability than those in safer areas. Crime statistics for the area can establish this.
The nature of the business affects foreseeability. Late-night convenience stores, bars, and check-cashing businesses attract criminal activity. Owners of such businesses should anticipate security needs.
Specific threats or warnings create direct foreseeability. If a property owner received complaints about suspicious individuals, threats, or inadequate lighting, they had specific notice of risks.
Industry standards inform what's foreseeable. Security measures common in similar properties suggest what risks industry professionals consider foreseeable.
What Security Measures Are 'Reasonable'?
The security measures a property owner must provide depend on the foreseeability and severity of potential crimes. There's no one-size-fits-all answer, but common security measures include:
Adequate lighting in parking lots, walkways, stairwells, and other areas where crimes might occur. Poor lighting is one of the most common security failures.
Functioning locks and access controls prevent unauthorized entry. Broken locks, propped doors, and non-functioning key card systems are common negligence factors.
Security personnel may be required for high-risk properties. The number and training of guards should match the property's risk profile.
Surveillance cameras deter crime and help identify perpetrators. Non-functioning or fake cameras provide no real protection.
Fencing and barriers control access to property and create defensible spaces.
Emergency call stations provide immediate access to help in parking structures and other isolated areas.
Background checks for employees with access to residences help prevent crimes by workers.
The required level of security depends on what a reasonable property owner would do given the known risks. Expert testimony often helps establish industry standards and whether a particular property's security was adequate.
Common Negligent Security Scenarios
Negligent security claims arise in various contexts:
Apartment complexes frequently face claims for crimes in parking lots, common areas, and even inside units when security failures allowed entry. Broken gates, non-functioning cameras, and inadequate lighting are common issues.
Hotels may be liable for assaults on guests when they fail to provide secure room locks, adequate hallway lighting, or proper vetting of who enters guest floors.
Retail stores and shopping centers may face liability for parking lot crimes, especially when they know crimes have occurred before or the area is high-risk.
Bars and nightclubs face claims for assaults when they fail to control intoxicated patrons, respond to prior incidents, or provide adequate security staff.
Gas stations and convenience stores are frequently targeted for robberies. Owners who know their locations are high-risk must implement appropriate measures.
Healthcare facilities may be liable when inadequate security allows assaults on patients, visitors, or staff.
Schools and universities may face claims when students are victimized due to security failures, though governmental immunity issues may apply to public institutions.
The Criminal's Liability vs. The Property Owner's
A common defense in negligent security cases is that the criminal—not the property owner—should be solely responsible. Florida law addresses this through principles of joint liability.
The criminal is primarily liable for their intentional act. However, this doesn't absolve the property owner of their separate negligence in failing to provide adequate security.
Florida's comparative fault system applies. The jury allocates percentages of fault among all responsible parties, including the criminal. Your recovery against the property owner is limited to their percentage of fault.
For example, if you suffer $1,000,000 in damages and the jury finds the criminal 60% at fault and the property owner 40% at fault, you could recover $400,000 from the property owner (assuming they have insurance or assets).
From a practical standpoint, criminals rarely have resources to pay judgments. Property owners typically have liability insurance. This makes the property owner the realistic source of compensation, even though the criminal bears greater moral responsibility.
Damages in Negligent Security Cases
Crime victims often suffer severe physical and psychological injuries. Negligent security claims can recover compensation for:
Medical expenses for treating physical injuries from assaults, shootings, or other violent crimes.
Psychological treatment for PTSD, anxiety, depression, and other mental health consequences of violent crime. Many victims require years of therapy.
Lost wages and earning capacity if injuries prevent working.
Pain and suffering for physical pain and emotional anguish.
Loss of enjoyment of life when the crime's effects prevent activities the victim previously enjoyed.
Permanent disability if injuries cause lasting impairment.
Wrongful death damages if the crime caused a fatality, including family members' losses.
Because crime-related injuries are often severe—gunshot wounds, sexual assault trauma, traumatic brain injuries—negligent security claims frequently involve substantial damages.
Steps to Protect Your Negligent Security Claim
If you were the victim of a crime that may involve negligent security:
Report the crime to police and cooperate with the investigation. The criminal case creates documentation supporting your civil claim.
Seek medical attention for all injuries, including psychological trauma. Documenting your injuries is essential for your claim.
Document security failures you observed. Were there broken lights? Non-functioning cameras? Missing security guards? Photograph what you can.
Preserve evidence of the property's security (or lack thereof). Your attorney can send preservation letters to prevent the property owner from destroying evidence.
Research the property's history. Were there prior crimes? Complaints about security? News reports? This information helps establish foreseeability.
Don't settle with the property owner without consulting an attorney. Early settlement offers rarely reflect the true value of serious injury claims.
Consult an attorney experienced in negligent security cases. These cases require investigation of the property's security measures, crime history, and industry standards.
Contact Emas Law Group Today
When property owners fail to provide adequate security and foreseeable crimes result, they bear responsibility alongside the criminal perpetrators. Negligent security claims give crime victims a path to compensation when property owners' cost-cutting or carelessness created the conditions for violent crime. If you were victimized by a crime on someone else's property, don't assume the criminal is the only responsible party. Property owners who knew or should have known about security risks can and should be held accountable. At Emas Law Group, we've helped crime victims pursue negligent security claims against apartment complexes, businesses, and other property owners. We understand both the legal complexities and the emotional sensitivity these cases require. Contact us today for a confidential consultation about your case.
Frequently Asked Questions
Can I sue a property owner even though a criminal attacked me?
Yes. The property owner's negligence in providing security is a separate legal issue from the criminal's intentional act. Both can be liable—the criminal for committing the crime, and the property owner for creating conditions that allowed it to happen.
How do I prove the crime was foreseeable?
Evidence of prior incidents at the property, crime statistics for the area, the nature of the business, and specific warnings or complaints all establish foreseeability. Police records, prior lawsuits, and testimony from residents or employees can provide this evidence.
What if the criminal is never caught?
Your negligent security claim against the property owner can proceed even if the criminal is never identified or prosecuted. The claim focuses on the property owner's negligence, not the criminal's identity.
Do apartment complexes have to provide security guards?
Not necessarily—but they must provide reasonable security measures given known risks. A complex with no prior incidents in a safe neighborhood may not need guards, while a complex with repeated crimes may need guards, better lighting, controlled access, and other measures.