Attacked or Assaulted on Someone Else's Property? You May Have a Claim

Negligent Security Lawyer: Holding Property Owners Accountable When Security Fails

You were attacked on someone else’s property—assaulted, shot, robbed, or sexually assaulted. The owner failed to provide reasonable security. That failure made the attack possible. If you suffered serious, life-altering injuries as a result, you may have a legal claim against the property owner for negligent security.

You Were Attacked—and the Owner Didn’t Protect You

When you’re hurt in a violent crime on someone else’s property, the aftermath is devastating. But a legal principle matters: property owners have a duty to protect visitors and tenants from foreseeable harm, including violent crime.

When owners fail to provide reasonable security—working locks, adequate lighting, security cameras, or trained personnel—and that failure enables an attack, they can be held accountable. This is called negligent security.

You didn’t cause the attack. But the property owner’s failure to take basic security steps may have made the attack more likely or more severe. The law recognizes this and gives you a path to seek compensation.

What Is Negligent Security?

Negligent security is a property owner’s failure to provide reasonable security measures that could have prevented or reduced the risk of crime. It’s a type of premises liability—the legal principle that property owners owe a duty of care to people on their property.

Here’s what matters: the property owner isn’t responsible for the attacker’s criminal act. They’re responsible for failing to take reasonable steps to prevent foreseeable harm.

If a property has a history of violent crime and the owner does nothing to improve security, that’s negligent. If the property is in a high-crime area and the owner provides minimal protection, that can be negligent too.

Common Places Where Negligent Security Claims Arise

Negligent security claims occur at many types of properties where violent crime is foreseeable and security is inadequate.

Apartment complexes and residential buildings often have broken locks, missing gates, poor lighting, no security cameras, or no security guards.

Parking lots and parking garages are frequent sites of assault and robbery. Dark areas with no cameras, no attendants, and no access controls create ideal conditions for criminals.

Hotels and motels must maintain secure door locks, employ security staff, and ensure well-lit hallways and grounds.

Bars, nightclubs, and restaurants see alcohol-fueled violence. Owners must monitor for dangerous patrons and provide security personnel.

Gas stations and convenience stores are targets for robbery and assault. Owners should provide cameras, good lighting, panic buttons, and trained staff.

Retail stores and shopping centers must staff adequately and provide surveillance.

ATMs and bank vestibules are isolated, high-risk locations. Adequate lighting, cameras, and sometimes guards are essential.

What Counts as “Reasonable Security”?

Courts and juries look at whether a property owner provided the security measures a reasonable owner would provide under similar circumstances. This includes:

• Working locks and gates that control entry and prevent unauthorized access
• Adequate lighting in parking areas, walkways, and common spaces
• Security cameras that record activity and serve as a visible deterrent
• Security personnel (trained guards or staff) present in high-risk areas or times
• Alarm systems and panic buttons for emergency response
• Maintenance and upkeep of broken locks, lights, and security equipment
• Staff training on recognizing threats and responding to incidents
• Knowledge of prior crime on the property, which raises the duty to provide extra precautions

The specific measures required depend on the type of property, its location, and its history.

How Inadequate Security Leads to Catastrophic Injuries

When security is inadequate, attackers face fewer barriers and less risk of detection. This makes violent crime more likely and often more severe.

Victims of assault, shooting, or sexual violence often suffer life-altering injuries: traumatic brain injuries, spinal cord injuries, paralysis, amputations, severe burns, or fatal wounds.

Poor lighting means attackers can act with impunity. Lack of cameras means no recording of the crime. No security personnel means no one is there to intervene. Broken locks mean easy access for criminals.

Inadequate security doesn’t cause the crime, but it substantially increases the risk that a crime will occur and that injuries will be catastrophic.

Proving Negligent Security: What Your Claim Must Show

To succeed in a negligent security claim, you must establish several key elements:

The property owner owed you a duty of care. Property owners have a legal obligation to provide reasonable security to visitors and tenants.

The owner breached that duty. They failed to provide security measures a reasonable owner would have provided.

The breach was foreseeable. Similar crimes had occurred on the property before, or the location was known to be high-risk.

You were injured as a result. You suffered physical harm directly caused by the attack.

You suffered damages. Medical bills, lost income, pain and suffering, permanent disability, or other quantifiable losses.

Prior crime on the property is often the key to proving negligent security. If similar attacks happened before, the owner knew the risk and should have acted.

Prior Crime History: Why It Matters

Property owners have a heightened duty to provide security if they know crimes have occurred on their property in the past. This is critical to your claim.

If assaults, robberies, or other violent crimes happened at the same location before your attack, that strengthens your case significantly. Prior crime shows the owner knew (or should have known) that the risk of harm was foreseeable.

Police reports, incident logs, and witness statements about prior crimes are vital evidence. An attorney can investigate the property’s history and obtain records from local law enforcement to prove the owner’s knowledge of prior incidents.

Types of Injuries and Losses Covered

Negligent security claims compensate victims for the full scope of their injuries and losses.

Physical injuries include traumatic brain injuries, spinal cord injuries, paralysis, amputations, severe burns, broken bones, and internal injuries.

Fatal injuries give rise to wrongful death claims brought by surviving family members when an attack results in death.

Medical expenses cover emergency care, surgery, hospitalization, rehabilitation, ongoing treatment, and assistive devices.

Lost income includes wages lost during recovery and ongoing lost earning capacity.

Pain and suffering compensates for physical pain, emotional trauma, and reduced quality of life.

Permanent disability damages account for permanent impairment, loss of function, and lifetime care needs.

Psychological harm covers treatment for PTSD, anxiety, depression, and other mental health effects.

Can You Sue the Property Owner If the Attacker Wasn’t Caught?

Yes. You do not need to identify or prosecute the attacker to hold the property owner liable for negligent security. This is a crucial distinction.

The property owner’s liability is separate from the attacker’s criminal liability. Your claim focuses on what the owner should have done to prevent the crime.

Even if the attacker is never found, evidence of inadequate security and prior crimes can support your claim.

Sexual Assault and Negligent Security

Sexual assault on someone else’s property due to inadequate security is grounds for a negligent security claim. Property owners have a duty to protect visitors and tenants from foreseeable sexual violence.

Inadequate security—poor lighting, broken locks, lack of surveillance, no security personnel—increases the risk of sexual assault.

If prior sexual assaults or attempted assaults have occurred on the property, the owner’s duty to provide security is heightened.

Survivors may recover damages for medical care, counseling, lost income, and pain and suffering.

Wrongful Death: When Negligent Security Results in Death

If a loved one was killed in a violent crime on inadequately secured property, the family may bring a wrongful death claim. Wrongful death claims are based on the same negligent security principles: the property owner failed to provide reasonable security, and that failure led to death.

Surviving family members can recover damages for loss of income, loss of companionship, funeral expenses, and the pain of losing a loved one.

Wrongful death claims recognize that death is the most catastrophic outcome and that families left behind deserve compensation and accountability.

Time Limits: How Long Do You Have to File?

Florida law sets strict time limits (called statutes of limitations) for filing negligent security claims. Under Fla. Stat. § 95.11, you generally have two years from the date of the attack to file a civil lawsuit.

However, time limits can vary depending on the specific circumstances, the type of property, and whether the victim is a minor or has a legal disability.

It is critical to act quickly: evidence can disappear, witnesses’ memories fade, and security footage is often deleted after a short period. Contacting an attorney as soon as possible protects your rights and ensures evidence is preserved.

What to Do After You Are Attacked

Your immediate actions after an attack protect both your health and your legal rights.

Seek immediate medical attention. Your health and safety come first. Medical records also document your injuries for your claim.

Report the crime to police. File a police report and obtain a copy. This creates an official record.

Document the scene. Take photos of lighting, locks, cameras, and any visible security if you are able to do so safely.

Preserve evidence. Keep all medical records, receipts, photographs, and communications related to the incident.

Identify witnesses. Get names and contact information from anyone who saw the attack.

Report the incident to the property owner or manager. Notify them in writing and keep a copy.

Do not sign any waivers or settlement offers. Consult an attorney before agreeing to anything.

Contact an attorney. The sooner you speak with an attorney, the sooner evidence can be preserved and your claim evaluated.

Comparative Negligence: What If You Were Partially at Fault?

Florida law recognizes comparative negligence (shared fault). Under Fla. Stat. § 768.81, a claimant who is more than 50% at fault generally recovers nothing.

However, claimants who are 50% or less at fault may still recover damages (Fla. Stat. § 768.81(6)). Your damages may be reduced by your percentage of fault.

For example, if a jury finds you 20% at fault and the property owner 80% at fault, you may recover 80% of your damages.

This is an important protection: even if you were partially at fault, you are not barred from recovery.

How Security Guard Companies Can Be Held Liable

If a property hired a security company or guard service, that company may also be liable for negligent security. Security companies have a duty to provide trained, competent guards and to maintain adequate security systems.

If guards were absent, untrained, asleep, or failed to respond to a threat, the security company may be liable.

If security equipment (cameras, alarms, lights) was not maintained or was malfunctioning, the security company may share liability.

In many cases, both the property owner and the security company can be held accountable.

Negligent Security Claims Across Florida and Beyond

This firm handles negligent security claims throughout Florida—Miami, Orlando, Tampa, Jacksonville, and statewide. The firm also handles negligent security cases nationwide.

Whether your attack occurred in Florida or elsewhere, the core principle is the same: property owners have a duty to protect, and when they fail, victims can seek justice.

Frequently Asked Questions

Why This Firm Focuses Exclusively on Catastrophic Negligent Security Cases

This firm focuses exclusively on catastrophic injuries—spinal cord injuries, paralysis, traumatic brain injuries, amputations, severe burns, and wrongful death. Negligent security cases often result in life-altering harm, and victims deserve representation from attorneys who understand the full scope of their injuries and losses.

Every case receives individualized attention and the resources needed to investigate, preserve evidence, and pursue full compensation.

Next Steps: Get a Free Evaluation

If you were attacked on someone else’s property and suffered serious injury because of inadequate security, you have legal options. An initial consultation is free and confidential.

An attorney will listen to your story, ask questions about the property and the attack, and explain whether you have a viable claim.

During the consultation, you can ask about the process, timelines, and what compensation might be available. There is no obligation to hire the firm. The goal is to give you clear information so you can make an informed decision about your next step.

If you were assaulted, shot, or attacked on a property with inadequate security and suffered serious, life-altering injuries, reach out today for a free case evaluation. People in your situation—victims of violent crime on negligently secured property—contact this firm regularly to understand their rights and pursue accountability. Contact us now to discuss your claim.