Property owners and businesses in Fort Lauderdale have a legal obligation to maintain reasonably safe premises for visitors. When that obligation includes providing adequate security and a business falls short, victims who suffer injuries as a result may have a viable negligent security claim under Florida premises liability law. Winston Law Firm has represented injury victims throughout Broward County for more than 35 years.
What Is Negligent Security Under Florida Law?
Negligent security is a category of premises liability claim. It applies when a property owner or occupier knew, or should have known, that criminal activity was a foreseeable risk on the premises and failed to take reasonable steps to address it. Under Florida law, the duty owed to a visitor depends on their status, with the highest duty owed to invitees, meaning customers, tenants, and members of the public invited onto the property for business purposes.
Common locations where negligent security claims arise in Fort Lauderdale and Broward County include hotels, apartment complexes, parking garages, shopping centers, bars and nightclubs, convenience stores, and entertainment venues.
What Makes Security “Negligent” in a Legal Sense?
Not every crime that occurs on someone’s property supports a negligent security claim. The central legal question is whether the injury was foreseeable given the property owner’s knowledge of the risk of crime on or near the premises. Property owners are expected to conduct regular assessments of their premises and respond appropriately to known dangers. Evidence supporting foreseeability includes:
- Prior criminal incidents at or near the property that the owner knew about or should have discovered through reasonable diligence.
- Broken or inadequate lighting in parking areas, walkways, stairwells, or common spaces.
- Nonfunctional surveillance cameras or significant gaps in camera coverage of high-risk areas.
- Absence of security personnel in locations where prior incidents had occurred.
- Broken locks, unsecured entrances, compromised perimeter fencing, or malfunctioning access controls.
When a property owner had credible information suggesting criminal activity was a realistic possibility and took no meaningful steps to reduce that risk, that failure can support liability. A Fort Lauderdale personal injury attorney can help evaluate whether the security failures at your location meet this standard.
Injuries Covered by Negligent Security Claims
Negligent security claims arise most often from violent incidents: assaults, sexual assaults, robberies, shootings, and carjackings in business parking areas. The injuries in these cases are often severe and lasting, including traumatic brain injuries, spinal cord damage, permanent scarring, and psychological harm requiring extended treatment. Compensation in these cases can include medical expenses, lost wages, pain and suffering, and long-term care costs.
Florida’s modified comparative fault rules apply, meaning a property owner may try to argue that the victim contributed to their own injury. This defense is common in negligent security cases and must be addressed with factual evidence about the actual security failures and the owner’s prior knowledge of the risk. Slip-and-fall cases involving property owner negligence operate under the same premises liability framework. Establishing the owner’s knowledge of the risk and failure to act is central to both.
Why Immediate Action Is Essential After a Security Failure
Proving negligent security requires gathering evidence that may disappear quickly. Surveillance systems overwrite footage on regular cycles, often every 30 to 90 days. Security staffing records, maintenance logs, and incident reports may not be retained indefinitely. Florida’s statute of limitations for premises liability injury claims gives you two years from the date of injury to file suit. Missing that deadline eliminates any right to recover, regardless of how strong the underlying claim may be.
An attorney who begins the investigation promptly can send a written preservation demand putting the property owner on notice that specific records, footage, and documents must be retained. Without that notice, critical evidence may be destroyed before you ever have the opportunity to review it. A Fort Lauderdale negligent security lawyer who has handled similar cases in Broward County will know which agencies to contact and which records to request immediately.
Get Board-Certified Representation for Negligent Security Claims in Fort Lauderdale
Winston Law Firm has represented injury victims in Broward County and throughout South Florida for more than 35 years. Bradley Winston is board-certified as a Civil Trial Specialist by the Florida Bar, a designation held by fewer than 7 percent of eligible Florida attorneys, and a lifetime member of the Million Dollar Advocates Forum. If you were injured due to a property owner’s failure to provide adequate security, contact us online for a free consultation. We are standing by to help.
