A trip to a mall or shopping plaza is supposed to be a fun, relaxing experience—but unfortunately, these venues are often targets for criminals who pose a threat not only to businesses and their assets, but to the safety of patrons as well.
In an effort to reduce the risk of criminal activity at shopping centers and other commercial properties, Florida law imposes a duty on business owners to maintain their properties in a reasonably safe condition. This duty typically includes implementing adequate security measures, which may vary depending on the type of business, its location, and several other factors. For shopping plazas and malls, standard security measures that may be expected include the following:
If malls and shopping plazas fail to implement these measures and others that may be deemed necessary, they could be liable for negligent security claims. These claims arise when a patron or other visitor to the property is harmed by a third party’s criminal act, and brings a lawsuit against the commercial property owner under the theory that the owner breached their duty to provide adequate security measures and that this breach allowed the crime to take place.
At Leighton Panoff Law, we have over 35 years of experience in negligent security litigation, equipping us with in-depth knowledge of the different variables that impact these cases. Our attorneys are national leaders in violent crime victim representation, and Mr. Leighton is the immediate Past President of the National Crime Victim Bar Association. His 2-volume book, Litigating Premises Security Cases, is the leading text for lawyers handling these kinds of cases. If you have been the victim of a crime that occurred at a Florida shopping plaza, mall, or other commercial property, our team is here to assist you. Call us today at 888.988.1774 to schedule a consultation!
Under Florida law, shopping plazas and malls have a duty to maintain their properties in a reasonably safe condition. This includes implementing security measures appropriate to the business type, location, and known risks. Expected measures often include functioning security cameras, uniformed guards, adequate lighting, alarm systems, and proper locking mechanisms for all shops and restricted areas. Failing to uphold this duty may expose mall owners to negligent security claims if criminal activity results in harm to visitors.
Negligent security claims arise when someone is harmed by a third party’s criminal act on a commercial property, and the property owner failed to provide adequate safety measures. If a shopping plaza or mall lacked basic protections like security cameras, lighting, or guards, and that failure contributed to a crime, the owner may be held liable. Florida law recognizes that business owners must anticipate and prevent foreseeable dangers, including crimes that could be deterred with proper security planning.
Yes, shopping plaza and mall owners are responsible for maintaining safety in all areas of their property—including parking lots and garages. These areas are common targets for criminal activity, and should be monitored with security cameras, lighting, and guard patrols. If someone is attacked or harmed in these spaces due to lack of security, a negligent security claim may be appropriate. An experienced attorney can help determine if the shopping center breached its duty of care.
In high-crime areas, shopping plazas and malls are expected to implement enhanced security measures to protect patrons. This may include increased security guard presence, well-maintained surveillance cameras, reinforced locking systems, emergency call stations, and stronger lighting in stairwells, walkways, and parking structures. When a property owner ignores local crime trends and fails to take reasonable steps to prevent harm, they may be legally responsible for resulting injuries or losses.
Security cameras are a critical part of a mall or shopping plaza’s safety infrastructure. They should be installed in key areas like entrances, parking lots, elevators, and near ATMs. Cameras must also be maintained and routinely checked to ensure they’re operational. Footage can help deter crime and also serve as evidence in negligent security lawsuits. If a camera was missing or malfunctioning at the time of a crime, that may support a victim’s legal claim.
Yes, a victim who is attacked at a mall or shopping plaza may be able to sue the property owner for negligent security. If the crime could have been prevented with appropriate safety measures—such as proper lighting, active security patrols, or working surveillance cameras—the owner may be found liable for breaching their duty of care. A negligent security attorney will review the facts of the case and determine whether a valid claim exists under Florida law.
Leighton Panoff Law is a nationally recognized leader in negligent security litigation, with over 35 years of experience representing victims of violent crimes on commercial properties. Mr. Leighton, a past president of the National Crime Victim Bar Association, authored the leading legal text on this subject. If you or a loved one has been harmed due to inadequate mall or shopping plaza security, Leighton Panoff Law has the knowledge and experience to fight for justice on your behalf. Contact us today for a consultation.
A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite