When you visit a shopping center, parking garage, hotel, or even an apartment complex, you expect a reasonable level of safety. But what happens when a lack of security measures leads to injury—like an assault, robbery, or worse? Can a property owner or business be held legally responsible? The answer, in many cases, is yes. Property owners and businesses have a legal obligation to maintain a reasonably safe environment for visitors, tenants, and customers. This includes providing adequate security.
Premises Liability and Negligent Security
The legal concept that typically applies in these cases is premises liability, which holds property owners and occupiers accountable for certain injuries that occur on their premises. A specific subset of this is negligent security, which focuses on the failure to take reasonable steps to prevent foreseeable criminal acts.
To hold a property owner liable for injuries due to inadequate security, a victim must typically prove the following:
- The victim was lawfully on the property.
Trespassers usually aren’t covered by the same protections, though there are exceptions. - The property owner owed a duty of care.
This duty includes providing a reasonably safe environment, which may involve security guards, lighting, surveillance, fencing, or locks—depending on the nature of the property. - The property owner breached that duty.
If the owner failed to install basic security measures in an area known for criminal activity, this may be considered a breach. - The breach caused the injury.
There must be a direct connection between the lack of security and the injury suffered—such as being assaulted in a dark, poorly monitored parking lot. - The harm was foreseeable.
If prior incidents or local crime rates suggest a likelihood of harm, the property owner may be expected to take preventive measures.
Examples of Inadequate Security
There are many ways inadequate security can contribute to personal injuries:
- Poor lighting in stairwells, parking garages, or hallways
- Broken or absent locks on doors and windows
- Lack of surveillance cameras in high-risk areas
- No security personnel in venues with large crowds or previous incidents
- Failure to respond to prior criminal activity or threats
These conditions create opportunities for violent crimes or accidents that could have been prevented with appropriate security measures.
Who Can Be Held Liable?
Liability isn’t limited to just property owners. Depending on the situation, other parties may be held responsible:
- Commercial tenants or managers (like a store within a mall)
- Security companies hired to protect the property
- Homeowners associations or landlords in residential settings
Each case is fact-specific, and determining who is responsible requires a thorough investigation.
What Should You Do If You Were Injured?
If you or a loved one suffered an injury due to inadequate security, it’s important to act quickly:
- Seek medical attention for any injuries.
- Document the scene—take photos, get witness names, and preserve any evidence.
- Report the incident to property management or law enforcement.
- Consult an experienced personal injury attorney.
A skilled attorney can help you understand your rights and evaluate whether you may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages.
Final Thoughts
Property owners and businesses aren’t automatically responsible for every injury that occurs on their premises. However, when they neglect basic security measures and someone gets hurt as a result, they can and should be held accountable. If you’ve been injured due to inadequate security, don’t face the legal system alone—speak with a qualified personal injury lawyer to explore your options.
Contact a Florida Personal Injury Lawyer
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Chris received his Juris Doctorate from Florida State University College of Law in 2008, and he was admitted to the Florida Bar in December of 2008 followed by the State Bar of Texas in May of 2009. He has litigated, mediated, and resolved over five hundred first-party storm damage claims, and he has litigated, mediated, and successfully resolved multiple major construction defect claims with recoveries in excess of $1,800,000.00.
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