Practice Areas
Negligent Security Injuries
Why DIG Law For Your Negligent Security Case? Simple.
In order to ensure our clients receive fair compensation for injuries stemming from negligent security incidents wherein a premises owner could have prevented a loss by employing reasonable security to thwart a foreseeable crime or incident, we take immediate action to investigate and gather the necessary evidence to prove the property owner had an could have and should have acted to keep their invitees/patrons safe. Our experienced team remains committed to supporting victims of negligent security cases, offering personalized guidance and faithful representation every step of the way. If you've been harmed due to the negligent security at a premises, we invite you to schedule a complimentary consultation to discover how our dedicated team can help you pursue the justice and compensation you rightfully deserve.
Common Types of Negligent Security Accidents
At The Duncan Injury Group, we understand the devastating injuries that can result from negligent security incidents, which affect not only the injured party but their families as well. Irrespective of whether minor harm or life-altering consequences ensue, the aftermath of such incidents can be overwhelming. That is why our dedicated team of attorneys is committed to fiercely advocating for our clients' rights and ensuring they receive the compensation they deserve. With our vast experience in handling a diverse range of negligent security cases, including those occurring in public spaces, businesses, workplaces, or residential properties, we possess the knowledge and skills needed to navigate through legal complexities effectively. Whether engaging in negotiations with insurance companies, corporations and landowners or representing clients in court, we draw upon our comprehensive understanding of premises liability law and security standards to build compelling cases and secure favorable resolutions. If you've suffered an injury due to negligent security, you can rely on DIG Law to provide compassionate assistance and steadfast representation every step of the way.
- Lack of Proper Lighting
- Failure to Secure Entrances and Exits
- Inadequate Surveillance
- Absence of Security Personnel
- Wrongful Death Negligent Security Cases
- Lack of Proper Fencing or Barriers
- Defective or Malfunctioning Security Equipment
- Failure to Address Previous Security Issues
- Negligent / Over service of Alcohol
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NEGLIGENT SECURITY FAQ
The questions victims of negligent security incidents in Florida, Texas, and Arizona ask us most — answered plainly. If yours isn't here, call us. It's always free.
What is negligent security and how is it different from other injury claims? +
Negligent security is a type of premises liability claim where a property owner or business is held responsible for injuries caused by a criminal act that could have been prevented with reasonable security measures. Unlike a slip and fall, the harm comes from another person — an attacker, robber, or assailant — rather than a physical hazard. The property owner's liability arises from their failure to protect guests from a foreseeable crime.
What do I need to prove to win a negligent security case in Florida? +
To succeed, you must establish four things: (1) the property owner owed you a duty of care as an invitee or guest; (2) the criminal act was foreseeable — meaning prior crimes or known dangers put the owner on notice; (3) the owner failed to provide reasonable security measures given that risk; and (4) that failure caused your injuries. Foreseeability — proven through prior incident reports, police call logs, and crime statistics for the area — is typically the central battleground.
What makes a crime "foreseeable" to a property owner? +
Foreseeability is established through evidence that the property owner knew or should have known that criminal activity was a real risk at their location. This includes: prior criminal incidents at the same property, police call records showing a pattern of crime in the area, prior complaints to management about security concerns, the property's location in a high-crime area, and any prior security assessments the owner had conducted. Even a single prior similar incident can be sufficient to establish foreseeability.
What types of properties can be held liable for negligent security? +
Any business or property that invites the public onto its premises can be held liable, including: apartment complexes and residential communities, hotels and motels, bars, nightclubs, and restaurants, parking lots and parking garages, shopping malls and retail stores, convenience stores, hospitals and medical facilities, college campuses, and entertainment venues and concert halls. The common thread is that the business profited from inviting people onto the property and had an obligation to keep them reasonably safe while there.
Can I sue if I was attacked in an apartment complex parking lot? +
Yes — apartment complex negligent security cases are among the most common. Landlords and property management companies have an ongoing duty to protect residents and guests in common areas including parking lots, stairwells, laundry rooms, and pool areas. Evidence in these cases typically includes prior crime reports at the complex, broken or nonfunctional gate and lighting systems, management's failure to respond to previous tenant complaints about safety, and the absence of security personnel or camera systems that a comparable property would maintain.
What if I was attacked at a bar, nightclub, or concert venue? +
Bars, nightclubs, and entertainment venues have a heightened duty of care because the nature of their business — serving alcohol, crowds, late-night hours — creates an environment with elevated risk of violence. Claims in these settings often involve: inadequate or undertrained security staff, failure to control intoxicated and aggressive patrons, prior incidents of violence at the same venue that management ignored, and overservice of alcohol that contributed to the attacker's behavior. Florida's dram shop law may also apply when alcohol overservice was a factor.
Does it matter that the person who attacked me was a stranger and not an employee? +
No. The property owner's liability is not based on employing the attacker — it is based on their failure to prevent a foreseeable attack. The third-party criminal is the direct cause of your injury, but the property owner's negligence is the legal basis for your claim. This is a well-established area of Florida premises liability law. The owner created the conditions — inadequate lighting, no security, known prior crimes — that allowed the attack to happen.
What security failures most commonly support a negligent security claim? +
The most common security failures we encounter include: inadequate or broken lighting in parking lots, stairwells, and common areas; malfunctioning or absent security cameras; broken gates, fences, or door locks that allowed unauthorized entry; no security personnel despite a known history of criminal activity on the property; failure to respond to prior complaints about safety or previous incidents; and undertrained or understaffed security guards who were not equipped to handle foreseeable threats.
What types of injuries do negligent security cases typically involve? +
Negligent security cases frequently involve serious and traumatic injuries including: gunshot wounds, stab wounds, traumatic brain injuries from assault, broken bones and facial fractures, sexual assault and rape, robbery-related injuries, and wrongful death when an attack proves fatal. The psychological trauma — PTSD, anxiety, depression — that follows a violent attack is also a recoverable category of damages in these cases.
What evidence is critical in a negligent security case? +
Key evidence includes: police reports and 911 call logs from the property showing prior criminal activity; surveillance footage from the incident and surrounding areas (which disappears quickly — often within 30 to 72 hours); property maintenance and security inspection records; prior tenant or customer complaints about safety; security contracts and staffing records; crime statistics for the area; and expert testimony from a security standards specialist. We act immediately to preserve all of this the moment we are retained.
Can I still recover if the attacker was never caught or convicted? +
Yes. Your claim is against the property owner, not the attacker. The criminal prosecution — or lack thereof — runs on a separate track from your civil claim. The standard of proof in a civil negligent security case is a preponderance of the evidence (more likely than not), which is far lower than the criminal "beyond a reasonable doubt" standard. Many negligent security cases are resolved successfully even when the perpetrator is never identified or prosecuted.
What compensation can I recover in a negligent security case? +
Recoverable damages include: medical bills — emergency care, surgery, hospitalization, and ongoing treatment; lost wages and lost earning capacity if your injuries affect your ability to work; pain and suffering; emotional distress and PTSD — particularly significant in violent attack cases; loss of enjoyment of life; disfigurement and scarring; and in wrongful death cases, damages for surviving family members. Where the property owner's conduct was egregious or reckless, punitive damages may also be available.
How long do I have to file a negligent security lawsuit in Florida? +
For incidents occurring on or after March 24, 2023, Florida's statute of limitations for negligence claims — including negligent security — is two years from the date of the incident. The prior four-year window no longer applies. Missing this deadline permanently bars your right to compensation. Do not wait — surveillance footage disappears within days, police records become harder to obtain, and witness accounts fade. Contact us immediately after the incident.
Does DIG Law handle negligent security cases in Texas and Arizona too? +
Yes. We are licensed and actively practicing in Florida, Texas, and Arizona. Negligent security premises liability law exists in all three states — property owners in Texas and Arizona are equally obligated to protect invited guests from foreseeable criminal harm. Both states also carry two-year statutes of limitations for personal injury claims. Call the office nearest to you and we will handle the rest at no upfront cost.
We Get Results
Some Of Our NotableWins
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Recovered in Lack of Proper Lighting Accident
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Recovered in Inadequate Surveillance Accident
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Recovered in Absence of Security Personnel Accident
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Recovered in Over Service of Alcohol Accident
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Recovered in Malfunctioning Security Equipment Accident
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