Negligent Security

While private property owners generally do not have a duty to protect those on their property from third party attacks, property owners do have an obligation to provide a reasonably safe environment. The relationship the property owner has with those on its property and the foreseeability of a potential attack may require additional measures, however, for the owner of a property to meet such an obligation.

If someone is invited as a guest or for business reasons (including patrons of a business), there is often a duty of care on a property owner to take reasonable safety precautions. Reasonable precautions may include keeping common areas and hallways well lit, providing sturdy locks on doors and windows, making sure that suspicious-looking people are not loitering on the premises, and posting warnings of potential security hazards.

A criminal attack is considered foreseeable if it could have or should have been reasonably anticipated, or if a person exercising ordinary caution would expect it to take place under the existing circumstances. Florida does recognize the foreseeability of an attack under several circumstances. Here are some scenarios which may create liability for an inadequate security lawsuit:

Did the owner have knowledge of a threat by a specific perpetrator at a specific time?
Was there evidence of violent or other crimes on or around the premises?
Can foreseeability have been determined after considering the layout and location of the premises, the nature of the business conducted, or other relevant factors?
Were security measures adopted sufficient when balancing their cost and availability against the foreseeable likelihood and severity of a crime?
Did the security service hired by the property owner use reasonable care under the circumstances to prevent the attack?

When a property owner fails to provide reasonable security measures, it may be exposing him or herself to liability for injuries that are determined to have been caused by a breach of his or her legal duty. Reasonable security measures may include:

contracting a reliable and qualified security service
installing security systems and actively monitoring security cameras
developing building access control measures
creating a security plan
employing one-use hotel room key cards
installing ATM panic buttons

Another measure many businesses take in order to protect themselves against claims for their failure to take reasonable precautions is to carry premises liability insurance. Attorneys who work on behalf of the property owner or his or her insurance company are likely to use one of the following arguments to avoid legal responsibility for injuries arising from criminal assaults on their property:

Negligent security lawsuits often involve preventable human suffering. But in order to prevail, you need the assistance of an experienced premises liability attorney who can investigate the claim, gather evidence through subpoena power, and employ the services of security experts to determine the merits of your negligent security lawsuit.