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Understanding Negligent Security Law in Florida


In June 2016, a gunman walked into an Orlando nightclub and shot up the venue, killing 49 individuals in the process, the deadliest mass shooting since 9/11 according to authorities. As a Florida personal injury law firm, we have to wonder, was the nightclub in any way to blame? We are not saying that the nightclub was directly responsible, but did their security team—or lack thereof—allow such a deadly event to happen? This is the question that many patrons of establishments that have been terrorized have asked, and a question that deals with the legal premise of negligent security.

Negligent security cases involve the failure of business owners to implement reasonable security measures to protect their patrons from crime when necessary. At Spencer Morgan Law, we help victims of negligent security prove their case and obtain compensation for injuries accrued at the hand of third party criminals.

When Businesses Fail to Provide Adequate Security 

Under Florida law, business proprietors are not necessarily responsible for crime that occurs on their property. However, if a business is in a district that is susceptible to crime, or if a pattern of crime occurs on the business property in question, the law dictates that the business owner has a duty to implement reasonable security measures to prevent and deter future crime from occurring. If they do not, they may be held liable for any crimes that happen in the future. Measures that these business owners must take include installing security cameras, installing better lighting, utilizing security teams, and adding more locks to possible entrances. Failure to do so would be referred to as a breach of duty, and therefore, be deemed “negligence.”

Negligent Security in Businesses 

Examples of negligent security would be when a motel or hotel fails to properly secure or lock their outside doors, thereby allowing easy access to criminals and encouraging harm to guests.

Gas stations that fail to use security cameras to ward off armed robbery attempts may be accused of negligent security if a patron is hurt or injured as a result of the robbery.

A landowner may be accused of negligent security if they fail to prevent a foreseeable crime that involves invitees on their property.

If a business is located in a high crime area and the owner fails to implement safety measures designed to protect both patrons and employees, they may be held liable for any injuries or fatalities that occur at the hands of criminals.

Instances of negligent security can occur anywhere and at any time. While a business owner is not always liable for crimes that occur on their property, if a property owner is aware of a crime risk and fails to take reasonable measures to prevent it, they may be held accountable.

Consult a Miami Negligent Security Lawyer 

Negligent security is not always easy to prove, but with a knowledgeable negligent security lawyer on your side, you can prove breach of duty and obtain the compensation you need to cover your damages. To schedule your free consultation with a Miami negligent security lawyer, call Spencer Morgan Law at 325-423-3800 today.


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