{"id":30275,"date":"2026-08-23T19:10:29","date_gmt":"2026-08-23T19:10:29","guid":{"rendered":"https:\/\/chglawyers.com\/resources\/traumatic-brain-injury-guide\/negligent-security-brain-injury-lawyer\/"},"modified":"2026-08-30T06:25:56","modified_gmt":"2026-08-30T06:25:56","slug":"negligent-security-brain-injury-lawyer","status":"publish","type":"page","link":"https:\/\/chglawyers.com\/resources\/traumatic-brain-injury-guide\/negligent-security-brain-injury-lawyer\/","title":{"rendered":"Brain Injury Assault Property Owner Claim | Negligent"},"content":{"rendered":"\n
<\/span>\"Broken
\n

Negligent Security | Assault on Property<\/p>

Attacked on Someone Else's Property? You May Have a Claim Against the Owner<\/h1>

When inadequate security enables violence\u2014assault, shooting, or robbery\u2014the property owner can be held responsible. We represent victims nationwide.<\/p>

Get a Free Case Evaluation<\/a><\/div>
Get a Free Case Evaluation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By CHG Lawyers \u00b7 Published August 23, 2026<\/p>\n\n

\n\n\n\n

Brain Injury from Assault on Unsafe Property: Negligent Security Claim<\/h2>\n

You were attacked on someone else’s property. It could have been an apartment complex, parking lot, hotel, bar, store, gas station, or ATM. The property owner failed to provide basic security: working locks, good lighting, security cameras, or guards. Now you live with a traumatic brain injury<\/a> that has permanently changed your life.<\/p>\n

You may have a legal claim against the property owner.<\/strong> The person who attacked you committed a crime. But the property owner can also be held responsible if their negligence made the assault possible. This is a separate civil claim\u2014different from any criminal case against your attacker.<\/p>\n

\n
\n

If you suffered a traumatic brain injury in an assault on someone else’s property because of inadequate security, you may have a claim against the property owner. Talk it through with our team \u2014 the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n\n
\"Dark<\/figure>\n

Criminal vs. Civil: Two Different Legal Paths<\/h2>\n

Many people believe: “If the attacker isn’t convicted, I can’t sue the property owner.”<\/p>\n

That’s not true.<\/p>\n

Criminal case:<\/strong> The state prosecutes the attacker for assault, battery, or another crime. Guilt must be proven beyond a reasonable doubt.<\/p>\n

Civil case (negligent security claim):<\/strong> You sue the property owner for failing to provide reasonable security. You must show the owner’s negligence made the crime foreseeable and preventable. You do not need the attacker convicted, identified, or even caught.<\/p>\n

These are two separate legal paths. You can pursue both. Many clients do.<\/p>\n

\n

What Is Negligent Security? Plain Language<\/h2>\n

Negligent security<\/strong> means a property owner knew (or should have known) that violent crime was likely on their property. They failed to take reasonable steps to prevent it. That failure enabled an assault that injured you.<\/p>\n

It’s not a criminal charge. It’s a civil lawsuit for money damages against the property owner.<\/p>\n

The property owner’s duty:<\/strong><\/p>\n

Under Florida Statutes \u00a7 768.81<\/a>, property owners must keep their property reasonably safe. This includes protecting visitors from foreseeable violent crime. The duty applies to apartment complexes, parking lots, hotels, bars, stores, gas stations, ATMs, and other public properties.<\/p>\n

What “foreseeable” means:<\/strong><\/p>\n

If prior assaults, robberies, or violent crimes happened on or near the property, the owner should have expected it. Prior similar incidents are the strongest evidence that the owner should have anticipated the risk. Courts recognize that repeat crime at a location signals a pattern\u2014and the owner’s failure to respond is negligence.<\/p>\n

What “reasonable security” looks like:<\/strong><\/p>\n