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Florida Negligent Security Attorney
When a business owner fails to provide adequate security it allows bad actors the space to create a harmful environment. Whether it’s broken lights in a parking lot, or an unsupervised entrance to a club, failure to provide proper security can lead to a dangerous environment and harm to the company’s patrons.
When an injury occurs due to negligent security measures, the owner of the business is liable for those injuries. To ensure your injuries are properly addressed and the business takes care of your recovery, you need to contact an attorney who specializes in handling cases where negligent security is a contributing factor. The Snedaker Law Firm is ready to help you.
What Is Negligent Security?
Negligent security is a type of premises liability claim. Florida property owners have a legal duty to keep their premises reasonably safe for people who are lawfully there. When crime is foreseeable, that duty includes taking reasonable steps to protect visitors, tenants, and guests from being harmed by a third party.
A negligent security case is different from a slip and fall. Instead of a wet floor or a broken stair, the danger is a criminal act, such as an assault, robbery, or shooting, that the owner could have helped prevent with adequate security. The core question is usually foreseeability: did the owner know, or should the owner have known, that this kind of crime could happen here?
What You Have to Prove in a Florida Negligent Security Case
To recover compensation, an injured person generally must prove four things:
- Duty. The property owner or operator owed you a duty to provide reasonable security.
- Breach. The owner failed to provide it, for example by ignoring broken lighting, disabling cameras, or providing no guards despite a history of crime.
- Causation. That failure allowed the crime to happen and caused your injuries.
- Damages. You suffered real harm, such as medical bills, lost income, or lasting trauma.
Foreseeability is the heart of most cases. Property owners are not expected to prevent every random act of violence. But when there is a pattern of prior crime on or near the property, or the owner had actual notice of a threat, a court can find the crime was foreseeable and reasonable security should have been in place. We build this element with police reports, prior incident records, area crime data, and testimony.
Florida's 2023 Tort Reform Changes Negligent Security Cases
In March 2023, Florida passed House Bill 837, one of the biggest changes to injury law in decades. It applies to cases that arose after March 24, 2023, and it made negligent security claims harder to win. Working with a lawyer who understands these changes is now more important than ever.
1. Fault can now be assigned to the criminal
Under Florida Statute 768.0701, the jury must now consider the fault of everyone who contributed to your injury, including the criminal who attacked you. In the past, the property owner generally bore the full civil responsibility. Now, if a jury assigns most of the fault to the attacker, the owner may only pay a share of your damages. We counter this by proving how directly the owner’s failures enabled the crime.
2. Apartments can claim a presumption against liability
Florida Statute 768.0706 lets owners of multifamily residential properties with at least five units claim a presumption against liability if they substantially implement specific security measures. Those measures include security cameras at entrances and exits with footage kept for at least 30 days, parking lot lighting at a set brightness from dusk to dawn, deadbolts and door viewers, and a documented crime prevention assessment performed by a qualified practitioner, along with employee safety training.
This presumption is not a shield that ends your case. It can be challenged and overcome, for example by showing the property did not actually meet the requirements or that the owner had real knowledge of ongoing criminal activity. We investigate whether a property truly complied or is simply claiming it did.
3. Modified comparative negligence and the 50 percent bar
Florida Statute 768.81 shifted the state to modified comparative negligence. If you are found more than 50 percent at fault for your own injuries, you recover nothing. If your share is 50 percent or less, your compensation is reduced by your percentage of fault. Insurance companies use this rule to shift blame onto victims, which is why the way your story is presented matters.
4. A shorter two-year deadline to file
The statute of limitations for negligence claims, including negligent security, was cut from four years to two years under Florida Statute 95.11. For most incidents after March 24, 2023, you have two years to file. Miss the deadline and you can lose the right to any recovery. Evidence also disappears fast, so contacting a lawyer quickly protects both your claim and the proof behind it.
Finding Who's Responsible in a Negligent Security Case
More than one party is often liable. Depending on the facts, a claim may involve:
- The property owner
- A landlord or property management company
- A security company hired to protect the premises
- A business tenant operating on the property
You may be able to pursue both the property owner and a security contractor. Owners remain responsible for overall safety, while a security firm can be liable for failing to do the job it was hired to do. Identifying every responsible party often means the difference in whether there is enough insurance coverage to make you whole.
Putting the Personal Back in Personal Injury.™
Snedaker Law is the One Law Firm for you
If you are harmed in a negligent security incident, then you need a negligent security attorney who is here to stand for you. Our personal injury attorneys have the knowledge, the education, and the experience to handle even the most complex personal injury case. When you’re looking for someone to help you though your difficult time, Snedaker Law is the One for you.
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3112 W Lake Mary Boulevard
Lake Mary, FL 32746