Negligent Security

In Florida, businesses and other entities have a duty to provide a reasonably safe environment for its guests, customers and visitors. Florida premises liability laws and general standards apply to hotels, college campuses, shopping malls, shopping centers, apartment complexes, resorts, theme parks, and other areas. It should be noted that the term "reasonable" comes into play in each and every case.

A business or other entity is not necessarily liable because there is an assault, attack or injury. A business or other entity can, however, be liable for negligent security in and throughout Florida when there is a showing that the business or entity knew or should have known of the dangers / prior incidents in and around the property but failed to take reasonable actions to protect its guests, customers, and visitors.

The actions and inactions of the business, entity, or property owner can involve an evaluation of the following:

• Lighting. If the incident took place during night time or early morning hours, darkness or lack of adequate lighting may give criminals enough cover and confidence to commit the bad acts. As such, lighting can be evaluated to determine if the business or entity took reasonable measures to properly light areas including but not limited to common areas, pool areas, garages, parking lots and other areas.
• Security. If there is a history of crime / attacks on or near the property, there may be a duty to provide security if the business or entity knew or should have known about the dangers. This may also apply to events which draw a large number of people which, in turn, necessitates some kind of order, security, and crowd control. The same can be said of events, even smaller ones, which involve a good bit of drinking or alcohol use. Without the presence of security or with the presence of ineffective security, people up to no good feel emboldened to then commit bad acts upon innocent victims.
• Uninvited Visitor / Trespasser Control Measures. This involves the manner in which a business or entity allows others to access the property or event who are not invited or even are criminal trespassers to the property or event. An evaluation of the fencing, gates, doors, key access, security, front desk personnel, and other measures or lack thereof can be evaluated to determine the extent of the negligence on the business, entity, or property owner.
• Security Cameras or Lack Thereof. Security cameras often help deter attacks and criminal acts from taking place. Properly placed and operating security cameras can often be helpful in avoiding these incidents. In addition, the proper monitoring of the property with use of the security cameras can often stop certain attacks and assaults from taking place.

It should be noted that negligent security cases are often among the most difficult cases to pursue and proof up. Even when there is a serious personal injury or death, this does not mean that the law will always support a case. The incident / case should be evaluated on its own merits which would involve an analysis of the four elements as follows:

1 - Duty; 2 - Breach of Duty; 3 - Causation; and 4 - Damages.

Another issue that arises in negligent security cases involves the availability and amount of liability insurance. Unfortunately, many restaurants, bars, and clubs simply do not carry the proper insurance in the form of bodily injury or liability insurance. Under these circumstances, it can be difficult from a practical matter to pursue the negligent security case even if the facts and evidence are quite strong.

David Alan Wolf is an experienced Jacksonville negligent security lawyer with over 33 years of experience. He is the author of 12 books that focus on personal injury and safety matters. Contact David Alan Wolf today for a free consultation. David Alan Wolf firmly believes in Giving a Voice to Injury Victims and Their Families.