Negligent Security

Premises liability law covers a broad area of tort law, including dog bites, trip and falls,  and even claims of negligent security which could involve crimes like rape or murder. Business owners have a general  duty to ensure their property is safe for the public to visit. This includes having proper security measures to deter foreseeable crime. But what is enough security? The answer depends on many factors such as the location of the property, what it’s being used for, and the amount of known crime in the neighborhood.

Recent Verdict

  • Florida - 2022
  • Jimmy Joseph v. Orlando Neighborhood Improvement Corporation, Inc.
  • Varun Ramnarine

States Where We Focus on Negligent Security

  • Alabama
  • Arkansas
  • California: Los Angeles
  • Florida
  • Georgia
  • Indiana: Evansville and New Albany
  • Kentucky
  • Massachusetts
  • Missouri: St. Louis
  • Mississippi
  • New York: New York City, 
  • Pennsylvania
  • Tennessee
  • Washington, DC: DC Metro Area

Depending on the circumstances, property owners may be liable if someone is injured on their property.

Whether your client is renting an apartment, staying at a hotel, or visiting a local business, residential and commercial property owners have a responsibility to keep you safe. Unfortunately, preventable violence results in thousands of injuries and deaths every year. 

Because of the potential for high exposure from different types of large damages, negligent security cases are viewed as high exposure liabilities by insurance companies. They will fight hard to prevent having to pay these claims. Unfortunately, it can take many months and thousands of dollars to even determine if a negligent security case is viable.  With proven experience in standing up to large insurance companies, Morgan & Morgan understands the tactics used by insurance firms and will fight to ensure your client’s claim settles for the amount they deserve.

The Makings of a Strong Negligent Security Case  

  • Area Crime Statistics: Crime statistics of the neighborhood paints a picture of negligence for the judge and jury for the types of security measures that would be reasonable. 
  • Site-Specific Law: Certain locations may have additional requirements to protect those visiting or living on the property. For example, convenience store owners in Florida have additional legal responsibilities such as limitations for the amount of cash on hand after 11 PM. 
  • Share Correspondence: The landowner must have had actual or constructive knowledge of the likelihood of criminal conduct and/or had ignored resident complaints about broken fences, locks, security cameras, etc.
  • Foreseeability: Foreseeability is an important factor to whether or not the property owner can be held liable. 
  • Trespassing: Whether the plaintiff is an invitee, licensee or trespasser creates a different standard of care for the landowner. So, trespassers are still owed duties of care which differ from those of an invitee or licensee. The duty owed to a known trespasser is to not willfully or wantonly injure the plaintiff and to warn of unapparent dangerous conditions. Pursuant to section 768.075(1), Florida Statutes, a property owner shall not be held liable for any civil damages for the death of or injury or damage to a trespasser when the trespasser was under the influence of alcoholic beverages or under the influence of a chemical or controlled substance.
  • Significant Damages: Showcasing the extent of the injury is important to ensuring that the property holder is held fully accountable and the victims receive the compensation deserved. 
  • Get The Records: It’s important to begin an investigation as soon as possible to record the current conditions of the property and always include any relevant police reports. Whenever possible, be sure to record items such as : locks, gates, lighting, existing video footage, and witness testimony. 

What’s Included

Negligent security cases involve a variety of different scenarios and incidents. Below are some of the crimes that can result in a negligent security case:

  • Assault and battery
  • Rape / sexual crimes
  • Shootings and stabbings
  • Crowd injuries
  • Injuries from hired security
  • Intentional torts

At Morgan & Morgan, we have teams of specialized attorneys dedicated to premises liability litigation. Our attorneys have extensive experience with negligent security cases specifically, enabling us to conduct a thorough investigation so each case is properly evaluated and worked up from start to finish.

Attorney review by:
  • Michael Woodard

Michael Woodard joined the Orlando office of Morgan & Morgan, P.A in 2019.  He currently focuses his practice on personal injury litigation and premises liability claims. Mr. Woodard provides aggressive representation while maintaining compassion for his clients. In each case, Mr. Woodard brings his years of knowledge and experience in state and federal court to help the people fight for justice and to preserve the right of access for all persons to the civil jury trial system.