Florida Negligent Security Attorneys
Holding Property Owners Accountable for Negligence Since 2008
If you were harmed by a criminal act on someone else’s premises, you don’t have to suffer in silence. Since 2008, Kemp Law has relentlessly pursued justice and compensation for victims harmed by inadequate security measures. With over a decade of experience and a longstanding track record of winning results, you can trust us to advocate for your best interests in and out of the courtroom.
Don’t pay the price for someone else’s carelessness—choose a nationally acclaimed law firm with a reputation for excellence. Our firm understands the immense physical, emotional, and financial toll that comes with a wrongful injury, especially after traumatic and violent events. Our goal is to recover the full settlement you need to focus on healing during this stressful time.
Whether you were harmed in a poorly lit parking lot or attacked by a resident of your apartment complex, our negligent security lawyers can fight to hold responsible parties accountable under Florida’s premises liability laws. When you work with our highly skilled attorneys, you can expect direct attorney involvement and exceptional advocacy tailored to your unique legal needs.
If you were harmed by negligent security, take the first step toward justice. Call (727) 788-6792 to schedule a free consultation. Pay nothing until we win.
What Constitutes Negligent Security?
While criminals should be held accountable for illegal acts, property owners often contribute to circumstances that allow criminal activities to occur in the first place. A negligent security lawsuit offers a path forward to hold all liable parties accountable, as opposed to a single individual.
In Florida, property owners have a legal obligation to provide proper lighting, functional locks, security cameras, on-site security personnel, and other adequate security measures. Negligent security occurs when an owner fails to take reasonable steps to ensure the safety of visitors or customers, resulting in harm caused by criminal acts.
When someone is harmed due to preventable crimes like robbery, assault, or other violent acts, the property owner may be liable for negligence.
What Are Common Examples of Negligent Security?
Understanding what negligent security looks like in action is paramount to recovering compensation in a future claim. Common examples of negligent security include:
- Being carjacked in a parking lot
- Being attacked as a patron at a retail store
- Being harmed as a tenant due to the landlord’s negligence
- Being attacked while visiting someone’s home-based business
- Being attacked by another student at a school or university
- Suffering harm while shopping during a robbery or theft
Proving Liability in a Negligent Security Claim
Suffering an injury on someone else’s property isn’t sufficient to win damages in a negligent security lawsuit. Because the injured party (plaintiff) bears the burden of proof in these cases, working with a lawyer is crucial to establishing liability and recovering compensation.
We can help you establish the following legal elements to prove liability:
- Duty. First, you must establish that the negligent property owner (defendant) owed you a duty of care, such as maintaining reasonably safe premises for guests and patrons.
- Breach. Next, you must demonstrate that the defendant breached this duty by acting negligently, such as by failing to take adequate security measures.
- Causation. Then, you must prove that the lack of adequate security directly caused your injuries.
- Damages. Finally, you must show that you suffered compensatory harm (damages) as a result of the breach.
At Kemp Law, our attorneys are well-versed in premises liability laws to investigate the accident, identify negligent parties, and gather evidence to meet the standard of proof in your case.
How Long Do I Have to File a Negligent Security Claim?
In Florida, the statute of limitations for negligent security cases is generally two years from the date of the injury. Note that this differs from the state’s prior four-year statute, which was reduced when H.B. 837 was enacted in 2023.
Who Is Liable for Negligent Security?
Determining liability is a complex yet crucial component of any injury lawsuit. Common liable parties in negligent security claims include property owners, property managers or landlords, and companies hired to provide security. Our lawyers have a deep understanding of these legal nuances to identify responsible parties and advocate for the settlement you need to focus on your health and recovery.
Do I Need a Lawyer for a Negligent Security Lawsuit?
From medical bills to lost wages, recovering from a wrongful injury comes at a cost. However, failing to work with a trusted attorney can cost you even more. In many cases, securing legal representation can mean the difference between recovering a full settlement and walking away with less than you deserve.
Some important reasons to work with an experienced lawyer include:
- Case investigation. Merely suffering an injury isn’t sufficient to recover compensation. Our attorneys have a vast network of professional contacts and resources to help you obtain critical evidence and meet the burden of proof.
- Negotiating a fair settlement. Insurers have a reputation for dodging fair payouts with evasive strategies and lowball offers. Our firm is familiar with these tactics to negotiate on your behalf and hold negligent parties accountable.
- Trial preparation. While many claims are settled out of court, we never shy away from litigation if necessary to achieve a just outcome. We prepare every case for trial and work tirelessly to protect our clients’ rights in and out of the courtroom.
What Damages Are Recoverable in a Negligent Security Lawsuit?
Depending on the specifics of your case, you may be eligible to recover various types of compensation in a negligent security lawsuit.
Common damages include direct financial losses (such as medical expenses, treatment costs, lost wages, lost earning capacity, and property damage) and indirect, non-monetary losses (such as pain and suffering, emotional distress, permanent scarring or disfigurement, and loss of enjoyment of life).
In rare cases involving especially egregious misconduct, the court may also award punitive damages to punish the defendant and deter similar behavior in the future. No matter your legal circumstances, our attorneys can help you fight for maximum compensation by assessing every avenue for financial recovery.
Don’t pay the price for someone else’s negligence. Our lawyers can work diligently to recover the fair settlement you deserve. Contact us online to discuss your case.
FAQs
you deserve answers
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How Do I Know Who Was At-Fault?
Fault is determined by the evidence collected during the investigation. We look to many things to determine fault in the case: we look to the police report, we look to witness statements, we look to the property damage to the vehicles, skid marks, layout of the cars, etc. Sometimes we even have to refer to accident re-constructionists to do a professional examination of the all the evidence to do a recommendation for us, but that does not happen in very many cases.
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Will I Recover Monetary Damages?
It depends on who was at fault for the accident. If you were at fault, your insurance company will pay for the damage to the vehicle. If you were not at fault, the at-fault driver’s or owner’s insurance policy will pay for the damage, and if they do not have enough coverage to cover the damage to your vehicle, your collision coverage (if purchased) would pay for the damage to your vehicle.
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What Documents Will I Need?
We like you to bring the driver’s exchange of information that the police officer gives you at the scene. We also like you bring any photographs of damage at the scene. Also bring your health insurance cards and your auto insurance cards or declarations page, so we can review the coverage available to you.
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What Should I Say To The Insurance Company?
The at-fault party’s insurance company could ask you to give them a recorded statement. You do not have to give them a recorded statement. However, if your own insurance company asks you for a recorded statement please seek advice from your attorney so that they can assist you in giving that statement. But yes you do have to comply and you do have to give your insurance company a recorded statement.
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Will I Have To Go To Court?
Actually, most cases, or a large percentage of the cases are resolved pre-suit, which means the cases never go to court. We work with the insurance companies before filing suit to try to find a fair resolution for the client, which save money on expenses, court costs and attorney’s fees.
