Pursuing Personal Injury Claims for Clients in South Florida
Many Floridians are not aware that they may be entitled to financial compensation as a result of being a crime victim. Under Florida premises liability law, establishments throughout Florida cities and neighborhoods typically have a duty to keep you safe from criminals.
These establishments include, but are not limited to:
Apartment complexes
Hotels
Shopping malls
Movie theaters
Gentlemen’s clubs
Nightclubs
Bars
Office buildings
Criminal attacks on Florida premises can lead to severe and even catastrophic injuries. Muggings, gunshot wounds, knife attacks, and more can result in extended hospitalization, ongoing medical care, lost income, and pain and suffering.
At Raposo & Lukacs, we handle negligent security injury claims. We understand the complexities of these cases, including the hurdles that insurance companies construct to dissuade you from bringing a claim. Our team has successfully navigated these hurdles, recovering millions in damages for our clients.
Book a free case evaluation with a Miami negligent security lawyer at Raposo & Lukacs. Contact usat (305) 575-2177 today. Hablamos español.
Negligent security occurs when a property owner or manager fails to implement reasonable safety measures, and that failure leads to a foreseeable criminal act causing injury or death. In Miami, businesses and property owners have a legal duty to maintain safe premises for lawful visitors. This includes protecting guests, tenants, customers, and patrons from known or reasonably foreseeable dangers—including criminal activity.
If prior crimes occurred on or near the property, the owner may be required to take enhanced security measures. When they ignore these risks and someone is harmed, they can be held financially responsible.
Common Forms of Security
Effective security measures vary depending on the type of property, its location, and prior crime history. Common forms of security that property owners may be required to provide include:
Adequate lighting in parking lots, stairwells, hallways, and entrances
Surveillance cameras and monitoring systems
On-site security guards or patrols
Controlled access systems such as key cards, gates, or security codes
Functioning locks on doors, windows, and gates
Alarm systems and emergency call stations
Clear visibility and elimination of hidden areas
Proper fencing around the property
Failure to implement or maintain these safety features can expose visitors to serious harm and open the door to a negligent security claim.
When Is Security Necessary?
Not every property requires the same level of protection. Under Florida law, security becomes legally necessary when criminal activity is foreseeable. Factors that influence foreseeability include:
Prior criminal incidents on the property
Crime rates in the surrounding neighborhood
The nature of the business (bars, nightclubs, hotels, and apartment complexes often require higher security)
The volume of foot traffic and operating hours
Previous complaints or warnings about safety concerns
For example, a Miami nightclub that stays open late and serves alcohol may require trained security staff, crowd control, and surveillance. An apartment complex with a history of break-ins may need controlled access gates and proper lighting. When owners ignore these warning signs, they may be liable for resulting injuries.
Common Examples of Inadequate Security
Negligent security can take many forms. Some of the most common examples include:
Poor lighting in parking garages or walkways
Broken or missing locks on apartment doors or gates
Lack of security guards despite known violent incidents
Unmonitored or non-functioning security cameras
Unsecured entrances allowing unauthorized access
Failure to respond to previous criminal activity
Inadequate crowd control at bars or event venues
Broken fences or gates left unrepaired
These failures often contribute directly to crimes such as assaults, muggings, sexual assaults, stabbings, or shootings.
Who Is Liable for Negligent Security?
Multiple parties may be held responsible in a negligent security case, depending on who controlled the property and security measures. Potentially liable parties include:
Property owners
Landlords and apartment complex owners
Property management companies
Business owners or tenants
Hotel and resort operators
Nightclub and bar owners
Event organizers
Security companies contracted to provide protection
At Raposo & Lukacs, our Miami negligent security lawyers thoroughly investigate ownership records, management agreements, and security contracts to identify all liable parties and maximize your recovery.
Injuries Commonly Associated with Negligent Security
Crimes caused by inadequate security often result in severe and life-altering injuries, including:
Insurance companies often try to downplay these claims or shift blame to the victim. Having an experienced Miami negligent security lawyer on your side is critical.
Negligent Security FAQs
What must I prove in a negligent security case?
You must show that the property owner owed you a duty of care, failed to provide reasonable security, and that this failure directly caused your injuries due to a foreseeable crime.
Can a business be liable for a crime committed by a third party?
Yes. While the criminal may be directly responsible, property owners can still be held liable if their lack of security contributed to the incident.
What if the property owner claims the crime was unforeseeable?
Our attorneys analyze crime data, police reports, and prior incidents to establish foreseeability and counter these defenses.
How long do I have to file a negligent security lawsuit in Florida?
Florida law limits the time you have to file a personal injury claim. Speaking with a Miami negligent security lawyer as soon as possible helps preserve evidence and protect your rights.
Do these cases go to trial?
Many negligent security cases settle, but our firm prepares every case as if it will go to trial to strengthen your position.
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Why You Need an Attorney in Negligent Security Cases
Negligent security claims are complex for several reasons. Gathering evidence, such as police reports, security footage (if available), or prior incident records, is critical and time-sensitive. Delays can make securing this evidence much harder.
Establishing foreseeability is another hurdle. Property owners and insurers often argue that the crime was random or unforeseeable, blaming the perpetrator's actions. This defense can be challenging to overcome without clear evidence of prior incidents or inadequate safety measures.
Finally, insurance companies frequently push back against these claims. They might minimize the property owner's responsibility, challenge the severity of your injuries, or assert that your actions contributed to the incident. Facing these defenses alone can feel overwhelming and frustrating, especially when trying to recover from physical and emotional trauma.
Rely on Raposo & Lukacs for Your Injury Claim
Navigating a negligent security case requires a thorough understanding of Florida’s legal standards and the ability to anticipate and counter the above challenges. With nearly two decades of experience and tens of millions of dollars recovered for our clients, we can build a convincing case by gathering evidence, consulting with experts, and advocating for your rights.
By holding negligent property owners accountable, you can pursue the compensation you deserve and help prevent similar harm to others.
Call (305) 575-2177 or reach us online for a free consultation with a Miami negligent security lawyer.
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