From restaurants to shopping centers to hotels and beyond, most businesses strive to create a safe and comfortable environment for their patrons. Unfortunately, however, commercial properties can be magnets for criminal activity, sometimes placing customers and other innocent visitors to the property at risk of robberies, sexual assaults, and other violent attacks.
While not every crime can be prevented, Florida law imposes a duty on business owners and managers to maintain their properties in a reasonably safe condition for those who are invited onto the premises. For many businesses, this duty includes implementing reasonable security measures designed to deter foreseeable criminal activity. Businesses that fail to install such measures—despite being able to foresee the possibility that crimes could occur on the property—may be liable for negligent security. These types of cases arise when the victim of a third party’s criminal act brings a lawsuit against the owner of the commercial property where the crime occurred, claiming that the property owner breached their duty to provide adequate security measures and that this breach enabled the crime to take place.
Businesses and commercial property owners can protect themselves against negligent security claims by ensuring that reasonable security measures are installed on the premises—but what exactly does that involve? First, they need to know what kinds of crime is taking place on and around their businesses. That means they need to keep records of incidents reported to them as well as contact local law enforcement to see what other crime has occurred in and around their property. While the answer to what security they need to have may vary based on the type of business and other variables, such as whether it is located in a high-crime area, here are a few types of security measures that businesses may be expected to have in place:
These are just a few examples of common security measures that businesses and commercial properties should have in place. If you have questions about the types of security measures that may be expected, or if you have been the victim of a crime that occurred on a commercial property, Leighton Panoff Law is here to help. With over 35 years of experience in negligent security litigation, we offer in-depth knowledge of the many variables that impact these cases, and we’re experts at advocating for victims who have been harmed due to a lack of adequate security at commercial properties.
Not only do we help people who have been hurt by violent crime and sexual assault, we wrote the book. Mr. Leighton’s two-volume book, Litigating Premises Security Cases, is the leading text in the field and is used by attorneys across the country. Besides being an author and national lecturer in the field, Mr. Leighton is also the President of the National Crime Victim Bar Association, It is the only bar association of trial lawyers dedicated to representing victims of crime.
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Florida law requires businesses to maintain their premises in a reasonably safe condition, which often includes implementing security measures to deter foreseeable criminal activity. While not every crime can be prevented, businesses are expected to assess crime risks and respond accordingly. This might include installing adequate lighting, surveillance cameras, functioning locks, or even hiring security personnel depending on the nature of the business and its location.
Negligent security occurs when a business fails to implement reasonable safety measures despite a foreseeable risk of crime, and a visitor is harmed as a result. For example, if a hotel in a high-crime area has broken locks or no security personnel and a guest is assaulted, the hotel may be liable. Victims can file lawsuits against property owners for failing to maintain adequate safety precautions that could have prevented the crime.
Businesses must evaluate the type and frequency of crime on and around their premises. This involves reviewing internal incident reports and contacting local law enforcement to understand area crime trends. A business located in a high-crime neighborhood or one that operates at night, like a nightclub or bar, will generally be held to a higher standard of security than a daytime retail store in a low-crime area.
Yes, if the crime was foreseeable and the business failed to take reasonable steps to prevent it. This includes installing and maintaining security systems, keeping lighting functional, securing access points, and monitoring areas where crime is likely to occur. When these measures are missing or not maintained, and a violent act occurs, businesses can be held liable for negligent security.
Examples include broken lighting in parking lots, malfunctioning security cameras, missing or broken locks on hotel doors or apartment units, unlocked gates, and lack of trained security staff in high-risk venues. Businesses should regularly inspect these systems to ensure they function properly and make repairs or upgrades as needed to protect customers and visitors.
The best way is by proactively implementing and maintaining reasonable security measures appropriate to the level of risk. Businesses should conduct routine safety audits, respond quickly to broken equipment, hire trained security staff if necessary, and take reported crimes or suspicious activity seriously. Documenting these efforts also helps in defending against future claims.
Leighton Panoff Law is a nationally recognized leader in negligent security litigation. Attorney John Leighton is the author of Litigating Premises Security Cases, the foremost legal textbook on the subject. With over 35 years of experience and as President of the National Crime Victim Bar Association, Mr. Leighton and his team bring unmatched knowledge and dedication to victims of crimes caused by inadequate security. We offer expert legal support and a commitment to justice for those harmed due to a property owner’s failure to provide adequate protection.
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