Question 1

What is negligent security in Florida?

Accepted Answer

Negligent security is a premises liability claim where a property owner or manager fails to provide adequate security, resulting in a criminal act against a visitor. In Florida, negligent security requires: duty (the property owner owed a duty to provide reasonable security), foreseeability (criminal activity was foreseeable based on prior incidents, the neighborhood’s crime rate, or other factors), breach (the property owner failed to implement reasonable security measures), causation (the inadequate security was a proximate cause of the criminal act), and damages (the victim suffered injuries).

Question 2

What security measures are required under Florida law?

Accepted Answer

Reasonable measures: adequate lighting (in parking lots, hallways, stairwells, and common areas), locks (functioning locks on doors and windows), surveillance (cameras in high-traffic and high-risk areas), security personnel (guards or patrols, depending on the property type and crime risk), access control (gated entries, key cards, controlled access), and warning (notifying tenants or visitors of known security risks). The measures required depend on: the type of property (hotels, apartment complexes, shopping centers, and bars have different requirements), the history of criminal activity on or near the property, and industry standards for the property type.

Question 3

What damages are available in Florida negligent security cases?

Accepted Answer

Damages: medical expenses (past and future), lost wages and earning capacity, pain and suffering, emotional distress and PTSD, loss of enjoyment of life, and in wrongful death cases: funeral expenses, lost support and services, and mental pain and suffering of survivors. Under Florida’s modified comparative negligence (2023 HB 837): the plaintiff’s recovery is reduced by their percentage of fault, and the plaintiff is barred if more than 50% at fault. The property owner may also face: code enforcement fines, increased insurance premiums, and reputational damage.

Negligent Security Premises Liability

Negligent Security and Premises Liability in Florida

Elements

Reasonable Measures

Damages

Related Terms

Barnes Walker Litigation

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