Negligent Security Attorney in Hollywood, FL
Both home and business owners have a duty to provide a certain level of safety and security for their visitors. This duty includes taking reasonable measures to protect visitors from criminal acts on the property, including battery, assault, robbery, sexual assault, murder, and other violent crimes. In Florida, the owner, manager, and occupier of the property may be held liable when negligent security measures lead to physical injury or wrongful death.
If you’ve been injured by a criminal attack on someone else’s property, you may have a premises liability claim. Call the premises liability law firm of Rosen & Ohr, P.A. today at (954) 981-1852 or contact us online for a free consultation about your claim.
How Florida Law Defines Negligent Security
Negligent security is a type of premises liability claim. To recover compensation, an injured person generally must show that the property owner or operator owed them a duty of care, that a criminal act was reasonably foreseeable, and that the owner’s failure to take reasonable security measures contributed to the injury.
Florida courts evaluate foreseeability based on the surrounding circumstances. This often includes:
- Whether similar crimes have occurred on or near the property in the recent past
- The nature of the business and the people it invites onto the property
- The level of crime in the surrounding area
- Whether the owner had received warnings, complaints, or police reports about safety issues
A property owner is not an insurer of every visitor’s safety. Liability arises when the harm was reasonably foreseeable and the owner failed to take reasonable steps to prevent it. Whether a particular case meets this standard depends on the specific facts of the incident and the visitor’s legal status under Florida law (invitee, licensee, or trespasser).
Where Negligent Security Cases Happen Most
Inadequate security claims most often arise in places that attract foot traffic and have a history of criminal activity.
Apartment Complexes
Tenants and their guests rely on landlords to maintain working locks, secure entry gates, sufficient lighting in common areas, and functioning security cameras. Assaults, robberies, and break-ins in hallways, parking garages, and laundry rooms are some of the most common scenarios for these claims. Learn more on our apartment complex injury page.
Hotels and Motels
Hotels owe a heightened duty to their guests. Common issues include broken keycard systems, unmonitored hallways, unsecured pool and gym areas, and parking lots without patrols. Visit our hotel negligent security page for more on these cases.
Bars and Nightclubs
Untrained bouncers, fights staff failed to break up, inadequate exit security, and dangerous parking lots are common allegations. The combination of alcohol, late hours, and large crowds makes proper security planning especially important.
Parking Lots and Parking Garages
Poor lighting, malfunctioning gates, lack of security cameras, and the absence of attendants are common factors in parking lot assaults, robberies, and carjackings.
Retail Stores and Shopping Centers
Stores and malls have a duty to address known security problems, including criminal activity in their parking lots, food courts, restrooms, and back hallways.
College Campuses and Office Buildings
Universities and office buildings can face claims when entry control, lighting, or security personnel are inadequate, and a foreseeable assault occurs on the premises.
Common Security Failures That Lead to Claims
Across these settings, the most common allegations against property owners and operators include the failure to:
- Hire adequately trained security guards.
- Install proper lighting.
- Install adequate locks on gates and doors.
- Secure entrances.
- Install adequate alarm systems.
- Install security cameras.
Negligent security claims are not limited to the mere failure to take security precautions. Property owners may also be liable for the careless hiring and retention or inadequate training of staff. Untrained and careless security personnel, in many cases, are no different than no personnel at all.
What Compensation May Be Available After a Negligent Security Injury?
The damages available in a negligent security case depend on the facts of the case and the severity of the injuries. Compensation in Florida personal injury cases generally falls into these categories:
- Medical expenses — past and future bills for hospital care, surgery, rehabilitation, mental health treatment, and ongoing medical needs.
- Lost wages and lost earning capacity — income lost during recovery and future income lost if the injuries affect long-term ability to work.
- Pain and suffering — physical pain, emotional distress, anxiety, PTSD, and reduced quality of life.
- Wrongful death damages — when a family member is killed, surviving relatives may be entitled to compensation under the Florida Wrongful Death Act.
- Punitive damages — in limited cases involving intentional misconduct or gross negligence, additional damages may be available, subject to Florida’s caps and pleading requirements.
Every case is different. The amount and type of compensation that may be available depends on factors specific to the incident, the injuries, and Florida law.
How Long Do You Have to File a Negligent Security Claim in Florida?
Florida law sets strict deadlines, called statutes of limitations, for filing personal injury lawsuits.
In March 2023, Florida enacted House Bill 837, which shortened the statute of limitations for most general negligence claims from four years to two years. The new two-year deadline applies to causes of action that arose on or after March 24, 2023. Claims that accrued before that date are generally still subject to the previous four-year deadline.
For wrongful death claims, including those arising from negligent security, the statute of limitations is two years from the date of death.
These deadlines are strict, and missing them can permanently bar a claim. Because the analysis depends on when the incident occurred and other facts, it is important to speak with an attorney as soon as possible after the incident.
Why Choose Rosen & Ohr for Your Negligent Security Case
Our firm has represented injury victims in Hollywood and across South Florida for years. When you work with us, you can expect:
- A free, confidential consultation — we will listen to what happened and explain your legal options at no cost.
- Contingency-fee representation — you do not pay attorney’s fees unless we recover compensation for you.
- Familiarity with South Florida courts — our practice is focused in this region, and we know the local legal landscape.
- Personalized attention — every client speaks directly with their attorney about the case.
Frequently Asked Questions About Negligent Security in Florida
Who can be sued in a negligent security case?
The defendant is usually the owner, manager, or operator of the property where the incident took place. Depending on the facts, a property management company, a third-party security company, or other parties responsible for safety on the property may also be named.
Do I have a case if the criminal who attacked me was never caught?
Possibly. A negligent security case is brought against the property owner or operator for failing to provide reasonable security, not against the person who committed the crime. The criminal investigation and the civil case are separate matters. An attorney can review the facts to determine whether the property owner’s conduct supports a claim.
What if I was a guest, not a tenant or resident?
Florida law extends a duty of care to invited guests. Hotel guests, apartment visitors, customers, and others lawfully on the property may have grounds to bring a claim if they are injured by foreseeable criminal activity that the owner failed to guard against.
How much does it cost to hire a negligent security lawyer?
Our firm handles negligent security cases on a contingency-fee basis. There is no cost to start your case, and you only pay attorney’s fees if we recover compensation for you. The initial consultation is free.
What evidence is helpful in a negligent security case?
Useful evidence often includes police reports, security camera footage, photographs of the scene, witness statements, prior crime reports for the property, lease agreements, complaints made to the property owner before the incident, and medical records documenting injuries. The sooner you contact an attorney, the easier it is to preserve this evidence before it is lost or overwritten.
Contact a Negligent Security Lawyer at Rosen & Ohr P.A. in Hollywood, Florida
If you or a loved one has been the victim of a crime, violence, or injury as a result of negligent security, you may be entitled to compensation. Don’t be a victim twice. Call us at (954) 981-1852 or contact our South Florida personal injury law firm online today. We can help you explore your legal options. We work on a contingency-fee basis, which means we will not receive a fee unless you receive monetary compensation. Don’t delay; the statute of limitations may be running on your negligent security claim, so time is of the essence.
We represent accident victims in all areas of South Florida, including, but not limited to Hollywood, Pembroke Pines, Aventura, Hallandale, Ft. Lauderdale, North Miami Beach, Miami, Sunny Isles, Cooper City, Dania Beach, Broward County, Dade County, and Palm Beach County.