Understanding Your Rights After Being Harmed by Inadequate Security
Negligent security settlements provide compensation to victims who suffer injuries or lose loved ones due to a property owner’s failure to implement reasonable safety measures. When property owners fail to protect visitors and tenants from foreseeable criminal acts, they can be held financially responsible for the consequences.
Key Facts About Negligent Security Settlements:
- Average settlement values range widely from hundreds of thousands to millions of dollars
- Wrongful death cases average $2.8 million in jury verdicts
- Rape and sexual assault cases settle for an average of $1.2 million
- Robbery cases result in median settlements of $1.6 million
- Settlement amounts depend on injury severity, property type, and the degree of negligence
If you or your family has been harmed by violent crime on someone else’s property in South Florida—whether at an apartment complex in Hollywood, a hotel in Miami, or a shopping center in Boca Raton—you may be entitled to significant compensation.
Many of these tragic incidents are preventable. Property owners have a legal duty to provide reasonable security measures, such as proper lighting, security staff, and functioning locks, based on the area’s crime history. When they fail, they create dangerous conditions that put innocent people at risk.
Negligent security cases involve proving four key elements: the property owner owed you a duty of care, they breached that duty, their failure directly caused your injuries, and you suffered actual damages as a result.
What Constitutes Negligent Security?
Negligent security is a type of premises liability claim holding property owners accountable when their failure to provide reasonable safety measures leads to harm. If a crime on someone else’s property could have been prevented with proper security, the owner may be legally responsible for your injuries.
In Florida, property owners have a duty of care to protect people lawfully on their premises, especially tenants and customers. This means implementing security measures that are appropriate for the property’s location and history.
The key concept is foreseeability. If a property is in a high-crime area or has a history of criminal incidents, the owner’s duty to provide robust security increases. An owner cannot ignore obvious risks. These cases often involve violent crimes that leave victims with life-altering injuries. For a deeper understanding, you can read our guide on Inadequate Security Lawsuit.
Common Incidents Leading to Claims
Incidents resulting in negligent security settlements are often violent and traumatic.
- Shootings: These are among the most devastating cases. Our firm secured a $28.9 million settlement for a teen left quadriplegic after an apartment complex shooting and a $10.1 million settlement for a father paralyzed during a robbery. Even less severe shooting injuries can result in substantial awards, like a $2.3 million settlement for a client shot at a complex with a known history of crime.
- Robberies: These incidents can escalate to violence, leaving victims with serious physical and psychological trauma. Robbery cases have resulted in significant verdicts, including a $1.5 million award for a client injured during a robbery shooting.
- Sexual assaults: These often occur where basic safety measures like proper lighting are missing. Compensation reflects the long-term psychological impact, with average settlements for rape cases around $1.2 million.
- Physical assaults: Muggings and beatings often happen in poorly lit areas. Settlements have ranged from $250,000 for apartment complex assaults to $400,000 for incidents at office buildings.
- Wrongful death: These tragic cases often result in the largest settlements. Families have received awards from $2 million to $12.5 million, with an average jury verdict of $2.8 million.
If you’ve been victimized in an apartment, our team can help. Learn more by consulting with an Apartment Negligent Security Lawyer.
High-Risk Properties and Locations
Certain properties frequently appear in negligent security cases.
- Apartment complexes: These are common sites for claims, with a median settlement of $1.7 million.
- Hotels and motels: Their transient populations create unique risks, leading to jury verdicts often exceeding $1 million.
- Parking garages and lots: These are the most common locations for such lawsuits due to poor lighting and limited surveillance.
- Shopping malls and retail stores: Large crowds and valuable goods make them targets, with retail companies paying median settlements of $1.2 million.
- Gas stations and convenience stores: Extended hours and cash transactions make them frequent targets.
- Nightclubs and bars: Alcohol and crowds contribute to risks, often leading to assault cases from inadequate security.
- ATM locations: A lack of security and lighting at an ATM led to a $24.3 million verdict after a fatal shooting.
In South Florida, from Miami Beach to Boca Raton, property owners must be vigilant. If you’ve experienced security negligence in Hollywood, understanding your rights is the first step. Visit our page on Security Negligence in Hollywood for more information.
Proving Your Case: The Four Essential Elements
Building a successful negligent security settlement case requires proving the property owner failed in their legal duties and that this failure led to your injuries. You need all four pieces of the puzzle.
First is duty of care: the property owner’s legal responsibility to keep you safe. In Florida, this duty is strong for lawful visitors like tenants and customers.
Next is breach of duty: showing the owner failed to provide reasonable security, such as by having broken cameras or poor lighting.
Third is causation: connecting the security failure to your injury. You must show that with proper security, the crime likely wouldn’t have happened.
Finally, there are your damages: the physical, emotional, and financial harm you suffered.
Building the case involves gathering evidence like police reports, witness statements, medical records, security footage, and property maintenance logs. These documents can reveal a pattern of ignored security issues. If you’re wondering if you have a case, a Negligent Security Lawyer can help assess your situation.
The Critical Role of Foreseeability
A property owner’s liability often hinges on foreseeability—whether they should have seen the crime coming. This is a key factor in any negligent security settlement case.
An owner in a quiet area has different security obligations than one in a high-crime neighborhood. We establish foreseeability by examining:
- Prior similar incidents: A history of crime on the property is a clear warning sign. In a $2.3 million settlement case, the apartment complex had numerous prior reports of violent crime.
- High-crime area statistics: Local police data showing frequent crime puts owners on notice that they need to increase security. You can explore more on high crime areas to see how this data is used.
- Police calls to the property: A record of frequent police responses for disturbances or assaults demonstrates that the owner was aware of problems.
The challenge is proving the owner’s knowledge. We investigate records, emails, and reports to show what the owner knew and when. Without foreseeability, a case may fail. But when we prove the owner should have anticipated the risk, we can hold them accountable.
Examples of a Property Owner’s Breach of Duty
Many negligent security settlements stem from preventable failures.
- Inadequate lighting: Dark parking lots, walkways, and common areas are ideal for criminals. Proper lighting is a basic, effective deterrent.
- Broken locks or gates: A broken gate was a key factor in a $12.5 million wrongful death settlement, as it allowed criminals easy access.
- Lack of security guards: In high-risk areas, failing to provide promised or necessary security personnel creates a false sense of safety and can lead to tragedy.
- Malfunctioning cameras: Non-working cameras provide no real security and can fail to capture critical evidence.
- Failure to perform background checks: Hiring employees without proper screening can put dangerous individuals in positions of trust with access to tenants and guests.
- Negligent hiring and retention: This involves keeping an employee even after learning of dangerous behavior. A hospital was held liable for an assault by an employee with a known history of misconduct. You can learn more on negligent hiring and retention to understand this concept.
Often, multiple security breakdowns contribute to a single tragic event. Documenting these failures strengthens your case for fair compensation.
Factors That Determine Negligent Security Settlements
There is no standard calculator for negligent security settlements. Each case is unique, and the compensation reflects the individual circumstances of the incident and the victim.
Several factors play a crucial role in determining a fair settlement:
- Severity of your injuries: This is often the biggest factor. A lifetime of medical care will result in a higher settlement than an injury that heals in a few months.
- The nature of the crime: A violent sexual assault will be valued differently than a verbal threat due to the lasting physical and psychological harm.
- Your ability to work: Lost wages and diminished future earning capacity are a major component of compensation, especially for a family’s primary breadwinner.
- Your own actions: Under Florida’s comparative fault laws, if your actions contributed to the incident (e.g., propping a hotel door open), your compensation may be reduced.
- The crime history of the area: If a property owner in a high-crime area of South Florida ignored clear warning signs, settlements tend to be higher.
For a more detailed breakdown, explore our guide on Negligent Security Settlement Amounts.
Types of Recoverable Damages
Negligent security settlements cover both financial costs and intangible losses.
- Economic Damages: These are calculable financial losses, including medical bills (past and future), lost wages, and reduced future earning capacity.
- Non-Economic Damages: These compensate for harm that doesn’t have a price tag, such as pain and suffering, emotional distress, PTSD, and permanent disfigurement.
- Punitive Damages: In rare cases involving extreme negligence, these may be awarded to punish the defendant and deter similar conduct.
How Injury Severity Impacts Negligent Security Settlements
More severe injuries typically result in higher negligent security settlements. While money cannot undo the harm, it can provide for your needs and acknowledge your suffering.
Catastrophic injuries like paralysis or traumatic brain injury command the highest settlements to cover a lifetime of care and lost potential. Real cases show this pattern:
- A $28.9 million settlement was awarded to a teen rendered quadriplegic in an apartment complex shooting.
- A $10.1 million settlement was secured for a young father paralyzed during a robbery attempt.
- A $12 million verdict was awarded for the murder of a young woman at a motel.
- A shooting case involving permanent injuries resulted in a $2.3 million settlement.
- One of the largest verdicts on record, $102.7 million, was for a case involving quadriplegia and ventilator dependence.
Wrongful death cases also result in substantial settlements, averaging $2.8 million in jury verdicts, to compensate for the financial and personal loss. Even psychological trauma alone can justify large awards, as seen in a $49.3 million verdict for a teen who was sexually assaulted. The courts recognize that some wounds never fully heal, and compensation should reflect that reality.
Navigating the Claims Process and Common Challenges
Pursuing negligent security settlements involves facing property owners and their insurance companies, who have significant resources to minimize payouts. They will not simply hand over a check because you were hurt on their property.
Having a knowledgeable Security Negligence Attorney is critical. These companies use various tactics to protect their bottom line, and an experienced lawyer can counter them effectively.
Insurance companies might dispute liability, claiming the crime was unforeseeable, or blame the victim by suggesting you contributed to your own injury. They also know that Florida’s statute of limitations imposes strict deadlines, and they may drag out negotiations, hoping you miss your chance to file a lawsuit.
Overcoming Insurance Company Pushback
Insurance companies aim to protect their profits, not to pay you fairly. Be prepared for these common tactics:
- Denial of claims: An initial denial is standard practice. They may claim the property owner wasn’t negligent or the crime was an “act of God.” This is not the final word.
- Lowball settlement offers: If they can’t deny the claim, they will offer a fraction of its true value, preying on your need for immediate funds to cover bills.
- Arguing foreseeability: Their main defense is often that the crime was random and unpredictable. This is why a thorough investigation is so important.
Building a strong case means gathering evidence like security footage, witness interviews, and local crime statistics before it’s lost. This counters the insurance company’s arguments and demonstrates the true extent of the property owner’s negligence.
Understanding Comparative Fault in Florida
Florida’s comparative fault system can affect negligent security settlement cases. If you are found partially responsible for the incident, your compensation is reduced by your percentage of fault.
For example, if you were attacked in a poorly lit parking garage but were distracted by your phone, a jury might find the property owner 80% at fault and you 20% at fault. If your total damages were $100,000, you would receive $80,000.
Defense attorneys will scrutinize your role in the incident, looking for any reason to shift blame. Did you leave a door open uped? Were you in a restricted area? While these factors can impact your case, they do not automatically prevent you from recovering compensation.
Even if you bear some responsibility, you may still be entitled to a substantial award. Learn more about comparative fault and how it might apply to your situation. Don’t let the fear of being partially blamed stop you from seeking the compensation you deserve.
Frequently Asked Questions about Negligent Security Claims
After a violent crime on someone else’s property, it’s normal to have questions. We’re here to clarify common concerns for people across South Florida, from Miami to Boca Raton.
How long do I have to file a negligent security claim in Florida?
In Florida, you generally have just two years from the date of the incident to file a personal injury or wrongful death claim. This deadline is strict.
Two years passes quickly, and building a strong case takes time. Evidence like security footage can be deleted and witness memories fade. Missing the deadline means you lose your right to compensation forever, no matter how strong your case is. You can find More on filing deadlines to understand how critical these timeframes are.
Can I sue if an employee of the property committed the crime?
Yes. These cases can be particularly strong. When an employee commits a crime, the owner may be liable for negligent hiring or negligent retention.
- Negligent hiring occurs when an employer fails to conduct a proper background check. If they hire someone with a criminal history who then harms a guest, the employer can be held responsible.
- Negligent retention happens when an employer keeps a known dangerous employee. If they ignore complaints or prior incidents and that employee commits a crime, the employer’s failure to act creates liability.
Property owners have a duty to ensure their employees do not pose a threat to your safety.
What should I do immediately after being harmed on someone’s property?
The steps you take right after an incident can significantly impact your potential negligent security settlement. If you can, follow these steps:
- Seek medical attention immediately. This creates an official record of your injuries, even those that aren’t immediately apparent.
- Report the crime to the police. A detailed police report is crucial evidence.
- Document everything. Take photos of the scene, focusing on security flaws like broken lights or gates. Get contact information from any witnesses.
- Preserve evidence. Keep the clothes you were wearing and any damaged personal items. Do not wash them.
- Avoid speaking to insurance adjusters. They work for the property owner, not you. Their goal is to minimize your claim. Do not give a recorded statement or sign anything without legal advice.
Conclusion: Taking the Next Step to Secure Fair Compensation
After being harmed by inadequate security, the path forward can feel overwhelming. You are dealing with injuries, medical bills, and emotional trauma. You deserve justice and fair compensation.
We’ve covered the essentials of negligent security settlements, from the four elements needed to prove your case—duty of care, breach of duty, causation, and damages—to the challenges you may face. Property owners in South Florida, whether in Hollywood, Miami, or Boca Raton, have a legal responsibility to keep you safe. When their negligence leads to a violent crime, they must be held accountable.
Insurance companies will try to minimize your claim or deny it. They may argue the crime was unforeseeable or even blame you. This is why having knowledgeable legal guidance is so important.
At The Barzakay Law Firm, we understand what you’re going through. We’ve seen how these incidents affect victims and their families. That’s why we work on a contingency fee basis, which means you don’t pay us anything unless we win your case.
We serve communities throughout South Florida, including Orlando and Fort Lauderdale. The value of your negligent security settlement depends on the specific factors of your situation. The most important thing you can do now is act quickly. Evidence disappears, memories fade, and Florida’s statute of limitations provides a limited time to file your claim.
Contact a Security Negligence Lawyer in FL for a free consultation today. We will listen to your story, answer your questions, and explain your legal options with no obligation. You’ve been through enough. Let us handle the legal fight while you focus on your recovery.