Business and commercial property owners have a legal duty to maintain safe premises for individuals who lawfully visit their property. This duty extends to customers, store employees and any other members of the public legitimately visiting the premises. This legal obligation is called a “duty of care,” and failing to meet it can result in liability for injuries that occur on the property.
One of the primary measures for protecting the safety of visitors on commercial property is implementing appropriate security measures, such as security cameras, surveillance systems and security guards. The type of security required by business owners may depend on the size of the property, what it’s being used for and the location. The “foreseeability” of crime, meaning whether criminal activity could reasonably be anticipated based on past incidents in the area or industry, also plays a significant role in determining appropriate security measures.
If you or a loved one is injured or killed as a result of negligent security practices on commercial property, you or your surviving family members may be entitled to compensation to cover medical expenses, lost wages, pain and suffering and other damages.
With decades of experience in premises liability law, the inadequate security attorneys at Florin|Roebig have the knowledge and expertise to take on cases involving personal injury resulting from a property owner’s negligent security measures.
Types of Properties Reported in Inadequate Security Claims
All commercial and business property owners are required by law to uphold certain safety and security standards by maintaining safe property conditions or informing visitors of potential risks while on their property. According to the FBI’s 2024 crime statistics, a violent crime occurred on average every 25.9 seconds in the United States in 2024. Property owners must take reasonable steps to prevent foreseeable crimes from occurring on their premises.
Although the types of security measures property owners are required to adhere to can depend on factors related to property ownership and location, common security measures include the use of adequate lighting, functioning door locks, parking lot surveillance, security cameras, security guards and fencing. However, determining what constitutes “adequate” security often depends on the crime history of the property and the surrounding area.
Where Do Incidents of Negligent Security and Resulting Injury Often Occur?
Inadequate security incidents can occur at virtually any commercial or public property where visitors have a reasonable expectation of safety. However, certain types of properties are more frequently named in negligent security claims due to factors such as lots of foot traffic, limited visibility, isolated areas or a history of criminal activity in the surrounding neighborhood.
Understanding which locations commonly experience security-related incidents can help property owners assess their vulnerability and help victims recognize when they may have grounds for a premises liability claim. Common sites named in inadequate security claims include:
- Parking lots and parking garages
- Automatic teller machines (ATMs)
- Apartment complexes
- Convenience stores
- Shopping malls or centers
- Nightclubs and bars
- Public housing
- Hotels and motels
- Gas stations
- Community pools
- Stairwells
- Cruise ships
- Other commercial or public venues
An example might be if you’re walking on a college campus at night, where there’s either poorly functioning or a lack of lighting, and you become a victim of assault or theft. Under these circumstances, if the cause of the incident can be linked back to the poor lighting or lack of campus police patrol, the university or the university police department may be held liable for failing to protect the safety and security of visitors to the campus.
According to FBI statistics, approximately 16,731 robberies took place in parking garages or parking lots in the United States in 2024. Parking facilities are particularly vulnerable to crime because they often contain items of high value, have numerous blind spots and may lack adequate lighting or surveillance. These factors make proper security measures especially critical in parking areas.
Consequences of Inadequate and Negligent Security
Even more important than where inadequate security measures might prove dangerous to you or a loved one are the consequences resulting from these unsafe conditions. Many victims of violent crime and injury file negligent security claims. Examples of criminal activity reported in negligent security claims:
- Robbery
- Muggings
- Shootings
- Stabbings
- Rape or Sexual Assault
- Assault and Battery
- Murder
These crimes are serious in the eyes of the law. If a property owner’s failure to maintain adequate security measures on the premises is believed to be a cause of one of these crimes, the business and/or property owner may be held liable for any resulting injuries or death and the associated damages.
What Are My Legal Rights for Injury Caused by Inadequate Security?
If you’re injured or killed on commercial property due to insufficient security measures, the property owner may be held liable under premises liability law. This area of personal injury law addresses harm caused by dangerous conditions on someone else’s property.
While premises liability often calls to mind issues like icy walkways or broken staircases, inadequate protection against foreseeable criminal activity also falls into this category. The key question in these cases is whether the property owner knew or should have known about the security risk and failed to take reasonable steps to prevent it.
Pursuing compensation through a premises liability claim is your legal avenue for recovering damages after an inadequate security incident. However, these cases require proving that the property owner’s negligence directly contributed to your injuries, which often involves gathering security footage, incident reports, crime statistics for the area and expert testimony about industry security standards. A knowledgeable Florin|Roebig attorney can handle this complex investigation while you focus on recovery.
Our inadequate security attorneys provide comprehensive legal support tailored to your state’s specific laws, including what damages you can recover, how long you have to file and what evidence will strengthen your case. With our experience in premises liability law, we know how to counter common defense tactics, such as claims that the crime was unforeseeable or that you contributed to your own injuries, and build compelling arguments that hold negligent property owners accountable.
Statutes of Limitations for Negligent Security Claims
In personal injury law, the statute of limitations is the legal deadline for filing a personal injury lawsuit after you’ve been harmed. Missing this deadline means losing your right to pursue compensation, regardless of how strong your case may be. These time limits vary significantly by state and type of claim, making it crucial to understand the specific rules that apply to your situation.
In Florida, negligent security claims must be filed within two years from the date of injury (a deadline that was reduced from four years in March 2023 as part of the state’s tort reform legislation). Wrongful death claims also have a two-year window, starting from the date of death. This shortened timeline means there’s less room for delay. Furthermore, evidence can disappear quickly as security footage is often overwritten, witnesses’ memories fade and documentation becomes harder to obtain.
Every state has different deadlines and rules for premises liability cases, and specific circumstances can pause or extend these time limits. A Florin|Roebig attorney can determine exactly how much time you have to file, identify any exceptions that may apply to your case and ensure all legal requirements are met before the deadline expires.
What Types of Damages Are Recoverable in Negligent Security Claims?
Victims of crimes resulting from inadequate security often face significant financial expenses beyond initial medical treatment. Emergency room visits, surgeries, hospital stays, rehabilitation and ongoing medical care can quickly add up to hundreds of thousands of dollars in debt. If you’re the victims of violent crimes like shootings, stabbings or sexual assault, the road to physical recovery can take months or even years, with some injuries requiring lifelong medical management.
In addition to physical injuries, the psychological trauma from these incidents can be equally challenging. Many victims develop post-traumatic stress disorder PTSD), anxiety, depression or other mental health conditions that require extensive counseling and therapy. Some survivors can no longer work in their previous capacity, return to similar environments or live independently, necessitating home modifications, assistive devices or ongoing care assistance that fundamentally alters their quality of life.
Your Florin|Roebig personal injury lawyer will calculate the full scope of damages you’re entitled to recover, including both economic losses and non-economic losses. Recoverable damages in a negligent security claim settlement include:
- Current and future medical expenses
- Trauma counseling costs
- Pain and suffering
- Lost wages
- Loss of companionship
- Loss of earning capacity
- Funeral and burial expenses (in cases of wrongful death)
Comparative Fault and Awarded Damages in Negligent Security Claims
In most states, your compensation can be reduced if you’re found partially responsible for the circumstances that led to your injury. This legal principle is called comparative negligence or comparative fault. For example, if you ignored clearly posted warning signs or bypassed security measures, the court might assign you a percentage of fault. If you’re deemed 20% responsible, your total compensation would be reduced by 20%, even if the property owner was primarily at fault.
The specific rules vary by state, with some jurisdictions allowing recovery no matter how much fault you share (pure comparative negligence), while others bar recovery entirely if your fault exceeds 50% or 51% (modified comparative negligence).
Currently, 13 states follow pure comparative negligence laws, while 33 states have modified comparative negligence laws. The remaining four states and one territory follow a stricter standard called contributory negligence, which prevents you from recovering any damages if you’re found even 1% at fault:
- Alabama
- Maryland
- North Carolina
- Virginia
- Washington, D.C.
Due to harsh contributory negligence rules, in these jurisdictions, insurance companies and defense attorneys will aggressively look for any way to shift even minimal blame onto you. Understanding how your state’s negligence laws may affect your case is critical, and a Florin|Roebig attorney can explain how these rules apply to your specific situation.
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Do You Need to Hire an Attorney to File a Claim?
While you’re not legally required to hire an attorney for a negligent security claim, these cases are among the most complex in premises liability law. You must prove the property owner knew or should have known about the security risk, demonstrate that adequate security measures could have prevented the crime and counter aggressive defense strategies that aim to blame you for what happened. Property owners and their insurers have legal teams working to minimize their liability, so going up against them alone puts you at a significant disadvantage.
A Florin|Roebig attorney brings investigative resources, legal expertise and negotiation skills that most individuals simply don’t have access to. We work with security experts who can testify about industry standards, obtain surveillance footage before it’s erased, compile crime statistics that prove the area’s risk level and build a comprehensive case that demonstrates the property owner’s negligence. Insurance companies know our attorneys have the experience and willingness to go to trial, and they take our cases more seriously during settlement negotiations.
Inadequate and Negligent Security Attorneys Serving the U.S.
Since 1985, Florin|Roebig has recovered over $1 billion for clients nationwide, building a reputation for aggressive advocacy and successful outcomes in all types of personal injury cases, including complex premises liability cases. We serve clients from our offices in Florida, Minnesota, Texas and Colorado. Our proven track record of success makes us the ideal choice for handling your inadequate security case.
Our team of seasoned inadequate security attorneys includes:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Shaun M. Cummings
- Neil P. O’Brien, M.B.A.
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- John J. Hart
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- Hal S. Weitzenfeld
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Nollys R. Solarte, O.C.
We Are Nationally Awarded Lawyers
Find an Inadequate Security Attorney Near You
Every 25.9 seconds, a violent crime occurs somewhere in the United States, according to the FBI’s 2024 crime statistics. However, these aren’t just statistics. They represent real people whose lives have been forever changed by preventable violence.
When these crimes happen on commercial property where security measures were inadequate, victims have legal recourse against the property owner whose negligence contributed to their harm. If you or a loved one was injured or killed as a result of negligent security on commercial property, Florin|Roebig can help you pursue justice and fair compensation.
We offer free case evaluations where we’ll listen to your story, explain your legal options and outline a strategy for holding negligent property owners accountable. Contact Florin|Roebig today to schedule your consultation. With our extensive resources and unwavering commitment to our clients, we’re ready to fight for the compensation you deserve and the accountability you’re owed.
