Miami Negligent Security Lawyer | Florida Negligent Security Attorneys

Understanding Negligent Security Personal Injury & Wrongful Death Claims in Miami, Florida

If you or a loved one has been the victim of a crime due to inadequate security, you may have the right to seek compensation under Florida law. Our Miami negligent security lawyers are dedicated to holding property owners accountable when their failure to provide adequate security leads to preventable harm. Whether you were injured in an apartment complex, hotel, shopping center, or other location, our experienced team can guide you through the legal process to pursue justice and fair compensation.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we exclusively focus on personal injury and wrongful death cases, including complex negligent security claims. Unlike other law firms that handle a wide array of practice areas, we concentrate on ensuring justice for victims of preventable harm. 

If you or a loved one has been injured due to negligent security in Miami, contact us today at 305-638-4143 to discuss your legal options. We are here to fight for the compensation you deserve.

Understanding Negligent Security Claims in Florida

Negligent security claims can fall under the umbrella of premises liability law, which holds property owners and managers responsible for ensuring their premises are reasonably safe for tenants, visitors, and patrons. There can also be “active” claims of negligence, like the failure of a security guard to reasonably act, which can be a negligence claim independent of a premises liability claim.

Negligent security claims typically arise when a property owner fails to implement appropriate security measures, such as:

• Sufficient lighting in parking lots, stairwells, and walkways.
• Functional security cameras or surveillance systems.
• Adequate locks on doors and windows.
• Properly trained security personnel.
• Secure fencing or gates around residential properties.

However, negligent security claims can also arise from the failures of a security company to act to prevent a crime or intervene and stop a criminal attack. If a crime such as an assault, robbery, or shooting occurs on a property due to the owner’s failure to provide these security measures, victims may be entitled to compensation from various people or entities for their injuries or wrongful death.

Florida Laws Governing Negligent Security

Florida law places a duty on property owners to take reasonable precautions to protect people from foreseeable dangers. Several statutes are relevant to negligent security claims:

• Florida Statute § 768.075:  Under Florida Statute 768.075, property owners or those controlling property are generally immune from liability for injuries or deaths of trespassers, especially if the trespasser is under the influence of alcohol or drugs. However, this immunity does not apply if the property owner engages in gross negligence or intentional misconduct. Even if you believe the property owner may not be liable for your injuries, you should contact an experienced premises liability lawyer to see if any exceptions exist. 
• Florida Statute § 768.81: Florida’s comparative negligence rule may apply in negligent security cases. This statute allows for a reduction in damages if the injured party is found partially at-fault for the incident.
  • It is our position that this new statute, which took effect in 2023, is poorly written by the legislature and contains several flaws that may render the statute unenforceable in some cases.  For example, the statute alternatively refers to comparative negligence, contributory negligence, and references a determination of whether the plaintiff was “at-fault”.  Comparative negligence and contributory negligence are two very distinct legal concepts that cannot be reconciled as used in the statute.  
• House Bill 837 (HB 837): Passed in 2023, this law has introduced a presumption against liability for multifamily residential property owners if they substantially implement certain security measures, such as surveillance cameras, deadbolt locks, and adequate lighting. If these measures are in place, property owners may not be automatically liable for injuries caused by third-party criminal acts unless the victim can prove that the owner’s negligence still contributed to the crime.
  • There is also a presumption against liability in cases involving gas stations and convenience stores, if certain security measures were taken.  

Filing a Negligent Security Wrongful Death Claim in Florida

In cases of wrongful death, the family members of the deceased may file a wrongful death claim under Florida Statute § 768.16, also known as the Florida Wrongful Death Act. Eligible family members typically include the spouse, children, and parents of the deceased, as well as other relatives who were financially dependent on the victim.

If your loved one was killed due to inadequate security in Miami, the wrongful death claim can seek compensation for a variety of damages, including:

• Funeral and burial expenses.
• Lost wages and future financial support.
• Medical bills for any treatment the deceased received before their passing.
• Loss of companionship, guidance, and emotional support.
• Pain and suffering experienced by surviving family members.

It’s important to be aware of the statute of limitations for wrongful death claims in Florida. Under Florida Statute § 95.11, you have two years from the date of the death to file a wrongful death claim. This means you must act quickly to ensure your case is filed within the appropriate time frame. Failing to file a claim within this period can result in losing your right to seek compensation.

However, bear in mind that there is an exception to this two-year statute of limitations.  If you are bringing a claim against a person or entity that committed an intentional tort, that caused a death, then there is no statute of limitations on that claim. See Florida Statute 95.11(11).

What Compensation Can You Seek In A Negligent Security Claim?

In a negligent security claim, the compensation you pursue is meant to help you recover from the harm caused by a property owner’s and security company’s failure to provide adequate safety measures. Compensation in a negligent security claim may include:

• Medical Expenses: This includes both current and future medical costs related to the treatment of injuries sustained during the crime. Victims can recover compensation for hospital stays, surgeries, rehabilitation, medications, and ongoing medical care.
• Lost Wages and Future Earnings: If your injuries caused you to miss work, you may be entitled to compensation for lost wages. In more severe cases where injuries prevent you from returning to work or limit your ability to earn in the future, you can also recover damages for lost earning capacity.
• Pain and Suffering: Victims of negligent security often experience significant physical pain and emotional distress, including trauma, anxiety, and post-traumatic stress disorder (PTSD). Compensation for pain and suffering is intended to address the non-economic impact of the crime on your life.
• Loss of Consortium: In cases where the victim’s injuries have impacted their relationships, spouses and family members may be entitled to compensation for loss of companionship, emotional support, and guidance.
• Funeral and Burial Expenses: In wrongful death claims due to inadequate security, the family may recover the costs associated with laying their loved one to rest, including funeral, burial, or cremation expenses.
• Loss of Financial Support: For families who have lost a loved one due to negligent security, compensation may also be available for the financial contributions the deceased would have provided. This can include the income they would have earned, as well as benefits like health insurance or pension contributions.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we fight to maximize the compensation our clients receive. We will thoroughly evaluate your case and pursue every available avenue for compensation to help you recover and rebuild your life after a traumatic incident caused by negligent security.

Examples of Inadequate Security Incidents That Can Lead to Personal Injury or Wrongful Death Claims in Miami

Assaults Due to Poor Lighting

Inadequate lighting is a frequent factor in violent assaults. When property owners fail to ensure that high-risk areas are properly lit, it becomes easier for criminals to commit attacks. Victims of assaults can suffer severe injuries such as broken bones, traumatic brain injuries, or even death. Property owners who neglect to provide sufficient lighting in key areas may be held liable for these preventable incidents.

Robberies and Violent Thefts

Robberies and violent thefts often occur in areas where security measures are either lacking or poorly maintained. Without functioning security cameras, trained personnel, or alarm systems, criminals can take advantage of these weaknesses to commit violent acts, including armed robbery. These incidents frequently result in serious injuries such as gunshot wounds or stabbings, and in some cases, fatalities. When property owners fail to implement necessary security precautions, they can be held accountable for the injuries or deaths that occur.

Shootings and Violent Crimes

Shootings and other violent crimes are tragically common in locations where security protocols are not followed. Property owners who do not hire trained security personnel, enforce entry checks, or monitor suspicious behavior may create an environment where violent crimes like shootings occur. These crimes often lead to severe injuries or death, and the property owner may face a wrongful death claim if their negligence directly contributed to the unsafe conditions.

Sexual Assaults Due to Lack of Security

Sexual assaults are one of the most traumatic consequences of negligent security. When property owners fail to install secure locks, maintain proper lighting, or provide trained security personnel, they put individuals at risk of being attacked. Victims of sexual assault may suffer both physical injuries and long-term emotional trauma. In these cases, property owners can be held responsible if their negligence allowed the attack to happen.

Crowd-Related Injuries at Large Events

When large events are not properly secured, crowd-related injuries can occur, leading to personal injury or wrongful death claims. Without adequate crowd control measures, trained security staff, or emergency response plans, chaotic situations such as stampedes, fights, or panic can arise, causing harm to individuals. Property owners or event organizers who fail to implement appropriate security protocols may be held responsible for injuries or deaths that result from the chaos.

Locations Where Inadequate Security Incidents May Happen in South Florida

Apartment Complexes and Residential Buildings

Apartment complexes and other residential buildings in Miami are responsible for providing a safe living environment for their tenants. Negligent security in these areas often involves broken gates, malfunctioning locks, poor lighting, or a lack of security patrols. Criminals may take advantage of these lapses, leading to break-ins, assaults, or even fatal incidents such as shootings or home invasions. Property owners can be held liable if their failure to maintain proper security contributed to the crime and subsequent injury or death. These South Florida buildings have been involved in negligent security claims: 

• Windward Vista Apartments – Lauderhill, FL 
•  Suncoast Place Apartments – North Miami Beach, FL 
• Manatee Bay apartments – Boynton Beach, FL
• One Paraiso Condos – Miami, FL 
• Hampton Court Apartments – West Palm Beach , FL 
• The New World Condo Apartments – Miami Gardens, FL 
• Bay Winds Apartments – Miami, FL 
• Palm Aire Gardens Apartments – Pompano Beach – FL

Hotels and Motels

Hotels and motels throughout South Florida are responsible for ensuring the safety of their guests by providing adequate locks, security cameras, and proper lighting in common areas like hallways, parking lots, and stairwells. If security measures are neglected, guests can become vulnerable to assaults, robberies, or even wrongful death. For example, a poorly lit parking lot or a malfunctioning room lock could enable a violent crime. If hotel management fails to implement sufficient security, they may face liability for the harm caused to guests. 

Popular hotels in Miami include Fontainebleau, Mandarin Oriental, InterContinental, W Miami, 1 Hotel South Beach, The Setai, and Faena Hotel. 

Bars, Nightclubs, and Entertainment Venues

Nightclubs, bars, and entertainment venues can become dangerous when security protocols are not properly enforced. Fights, assaults, and shootings are common in these establishments when there is a lack of crowd control, insufficient security staff, or failure to check for weapons at entry points. These violent incidents can lead to serious injuries or fatalities. Venue owners have a duty to provide adequate security to protect patrons, and when they fail to do so, they can be held liable in personal injury or wrongful death claims. 

Popular nightclubs in Miami include LIV, E11even, Tootsie’s Cabaret, ClubSpace, Mayami Wynwood, Mango’s Tropical Cafe, Booby Trap, The Dirty Rabbit, and Brick. 

Shopping Malls and Retail Stores

Shopping malls and retail stores often attract large crowds, making them prime targets for criminal activity. Without sufficient security personnel, surveillance cameras, or alarm systems, these locations can become vulnerable to robberies, assaults, and other violent acts. Injuries or wrongful deaths can occur if customers or employees are attacked while on the property. If the business or property owner fails to implement reasonable security measures, they may be liable for any resulting harm.

The most popular shopping malls in South Florida include Brickell City Centre, Dolphin Mall, Aventura Mall, Lincoln Road Mall, CityPlace Doral, CocoWalk, Bal Harbour Shops, Design District, Dadeland Mall, and Sawgrass Mills. We can also handle claims against small or large retailers including Target, Walmart, Costco, Walgreens, Home Depot, Publix, and others. 

Parking Lots and Garages

Parking lots and garages are frequent locations for negligent security incidents, especially if they are poorly lit, lack surveillance cameras, or have inadequate security patrols. Criminals may target individuals in these areas for carjackings, assaults, or thefts. Without proper security measures, these incidents can quickly escalate, resulting in serious injury or wrongful death. Property owners or managers of parking facilities are responsible for ensuring the safety of individuals using their premises, and if they fail to do so, they can be held accountable.

Public Transportation Hubs

Bus stations, train stations, and other public transportation hubs can be hotbeds for criminal activity when security is insufficient. Inadequate lighting, a lack of security personnel, or malfunctioning surveillance cameras can leave travelers vulnerable to muggings, assaults, or worse. Violent crimes in these locations can lead to serious injuries or fatalities, and the operators of these transportation hubs may be held liable for failing to provide proper security.

Schools and Universities

Educational institutions, including schools and universities, have a duty to protect their students, faculty, and staff. Negligent security on campuses, such as unsecured buildings, broken locks, or insufficient campus security, can lead to serious incidents like assaults, shootings, or abductions. These tragic events can result in severe injuries or wrongful death, and the institution may be held responsible if they failed to address known security risks. Popular educational institutions in Miami include University of Miami, Florida International University, and Miami Dade College. 

Hospitals and Healthcare Facilities

Hospitals and healthcare facilities are expected to provide a secure environment for patients, staff, and visitors. When security is neglected, such as through lack of surveillance, unsecured access points, or insufficient security staff, these facilities can become vulnerable to violent attacks, theft, or even fatal incidents. Healthcare institutions can be held liable for negligent security if their failure to protect individuals on their premises leads to personal injury or wrongful death. Popular hospitals in South Florida include Mercy Hospital, Jackson Memorial Hospital, Baptist Health and Nicklaus Children’s Hospital. 

Gated Communities

Gated communities are designed to provide residents with an added layer of security. However, when security gates, access systems, or surveillance measures are not properly maintained, these communities can be at risk for break-ins, assaults, or home invasions. Violent crimes within gated communities can lead to serious injuries or fatalities, and the property management or homeowners association may be held responsible for failing to provide adequate security.

Workplaces

Workplaces have a responsibility to protect their employees from foreseeable harm, including violent crime. Negligent security in a workplace, such as an office building, warehouse, or retail store, can lead to incidents of workplace violence, including assaults, shootings, or harassment. Employers who fail to implement security measures like access control, surveillance, or security personnel may be held liable if an employee is injured or killed due to negligent security.

Why Negligent Security Incidents Happen

Negligent security incidents often occur when property owners or managers cut corners on safety measures, leaving their premises vulnerable to criminal activity. Common reasons for negligent security include:

• Cost-cutting measures: Property owners may reduce expenses by neglecting security personnel, cameras, lighting, or other essential safety features.
• Failure to conduct security assessments: A lack of regular security evaluations can leave areas vulnerable to criminal activity.
• Ignoring known crime risks: Property owners who overlook previous incidents or warnings about crime in the area may fail to implement necessary precautions.
• Inadequate training of security personnel: Poorly trained security staff can be ineffective in preventing or responding to criminal activity, increasing the risk of injury or death.

Frequently Asked Questions

Do I need to go to court to resolve a negligent security claim in Florida?

Not necessarily. Many negligent security claims are settled out of court through negotiations between your attorney and the property owner’s insurance company. However, if a fair settlement cannot be reached, your attorney may recommend filing a lawsuit and taking the case to court. At Flanagan & Bodenheimer, we prepare each case as if it will go to trial, ensuring you have the strongest possible position whether in negotiations or in front of a judge and jury.

How long does it take to resolve a negligent security claim in Miami?

The timeline for resolving a negligent security claim in Miami varies depending on the complexity of the case. Some claims may settle in a matter of months through negotiations with the property owner’s insurance company, while others may take longer if a lawsuit is filed and the case goes to trial. Factors that affect the timeline include the amount of evidence that needs to be gathered, the willingness of the other party to settle, and the court’s schedule. An experienced attorney can provide a more accurate estimate based on the details of your case.

What role does a property’s crime history play in a negligent security claim?

A property’s crime history can play a significant role in a negligent security claim. If a property has a history of criminal activity, such as assaults, robberies, or thefts, the owner is expected to be aware of these risks and take additional security measures. Failure to address recurring crimes or increase security after previous incidents can strengthen your claim, showing that the owner neglected to take proper precautions despite knowing about the dangers.

Can I file a negligent security claim if I was attacked by someone I knew?

Yes, you can file a negligent security claim even if the perpetrator was someone you knew. Property owners are responsible for taking reasonable steps to prevent foreseeable harm from any third party, regardless of their relationship to the victim. If inadequate security measures allowed the attack to occur—whether by a stranger or someone familiar—the property owner may still be held liable. Your attorney will focus on the property owner’s failure to protect you, rather than the identity of the attacker.

Can I still file a negligent security claim if the property owner had security measures in place?

Yes, even if the property owner had security measures in place, you may still file a negligent security claim if those measures were insufficient or poorly maintained. For example, if security cameras were installed but not functioning properly, or if there were guards who failed to act, the property owner can still be held liable. The key issue is whether the security measures were reasonable and effectively implemented to prevent foreseeable harm.

Why You Should Hire Our Negligent Security Attorneys

When faced with the aftermath of a crime due to negligent security, navigating the complexities of a legal claim can be overwhelming. Hiring an experienced negligent security attorney is crucial to ensure that your rights are protected and you receive the compensation you deserve. Here’s why you should consider hiring the skilled team at Flanagan & Bodenheimer Injury and Wrongful Death Law Firm:

• Expert Knowledge of Negligent Security Laws: Negligent security claims are unique and require a deep understanding of both premises liability and personal injury laws. Our attorneys are well-versed in Florida’s laws governing property owner responsibilities and can identify the key elements that make your case strong.
• Proven Track Record: Our firm has secured millions in compensation for our clients in complex cases, including negligent security claims. We are known for taking on challenging cases and obtaining successful outcomes, even in situations where others might not see a clear path to victory. Click here to see some of our results.
• Thorough Investigation: Proving a negligent security case requires gathering extensive evidence, such as surveillance footage, crime reports, and security protocols. Our attorneys and investigators will work diligently to uncover all the facts needed to hold negligent parties accountable.
• Contingency Fee Arrangement: We believe that financial barriers should never stand in the way of justice. That’s why we work on a contingency fee basis—meaning you don’t pay us unless we win your case. This arrangement ensures you can pursue legal action without any upfront costs.

Free Consultation With a Miami Negligent Security Lawyer

At Flanagan & Bodenheimer, we take a personalized approach to every case by intentionally keeping our caseload small, ensuring that each client receives the dedicated attention they deserve. Unlike firms that handle a wide range of practice areas, we focus exclusively on personal injury and wrongful death cases, giving us the expertise needed to secure the best possible outcomes for our clients. With millions recovered in personal injury and wrongful death cases, our track record speaks for itself. 

Our local presence in Miami allows us to provide a deep understanding of the community, but we also offer the flexibility to meet virtually or travel to other parts of Florida when necessary. Whether investigating the incident, gathering evidence, or negotiating with insurance companies, we will guide you through every step of your negligent security claim to maximize your compensation.

Our attorneys work on a contingency fee basis, meaning you don’t pay any legal fees unless we win your case. This ensures that you can focus on your recovery while we handle the legal complexities. We also offer free consultations to discuss the details of your case, answer any questions you may have, and explain how we can help. Call us today at 305-638-4143 for a free consultation in English or Spanish.