Negligent Security Attorney in Miami
$1.4 Million & $950,000 Results in Negligent Security Claims
A negligent security claim may arise when inadequate lighting, broken locks, unsecured entrances, missing cameras, insufficient security personnel, or other property conditions contribute to a criminal injury. These cases can involve assaults, robberies, shootings, or sexual assaults on residential or commercial property. The occurrence of a crime alone doesn’t establish liability. A claim must connect an unreasonable security failure to the harm suffered.
If you were lawfully on a property and suffered injuries because of inadequate security, you may be able to pursue compensation under Florida’s premises liability laws. We provide personalized representation and examine the conditions, prior criminal activity, and security practices relevant to each incident.
Call (305) 783-3301 to discuss your circumstances with our accident attorneys at Mitchell & West, LLC.
Where Negligent Security Incidents Occur
We have experience representing clients injured due to negligent security in locations including:
- Shopping centers
- Hotels
- Motels
- Schools
- Parking lots and garages
- Office buildings
- Retail stores
- Nightclubs
Negligent security claims may involve property owners, landlords, managers, operators, or other parties responsible for maintaining the premises. We walk each client through the claims process and develop an individualized strategy based on the property, the security failure, and the resulting injuries.
Negligent Security Liability under Florida Law
What is considered negligent security depends on the premises and the foreseeable risks present there. For example, a nightclub may require adequate security staff to respond to fights or attacks, while a commercial property may need functioning locks and controlled entrances. Security cameras, parking-area lighting, alarms, and other precautions may also be relevant to whether reasonable security measures were in place.
Florida law requires the fact finder to consider the fault of everyone who contributed to an injury involving criminal acts of third parties on commercial or real property when the injured person was lawfully present. Comparative fault can reduce damages according to the claimant’s assigned share of responsibility. Under Florida Statute § 768.81, a claimant found more than 50 percent at fault is generally barred from recovery, although the application of this rule depends on the case.
Florida also provides a presumption against liability for qualifying multifamily residential properties when an owner or operator proves substantial implementation of specified security measures. Those measures address cameras, lighting, locks, gates, a crime-prevention assessment, and employee training. Whether the presumption applies requires a property-specific review under Florida Statute § 768.0706.
Evidence in a Miami Negligent Security Claim
Our attorneys can investigate the incident scene and work with investigators to identify security lapses and build evidence for your claim.
Relevant evidence may include:
- Photographs
- Surveillance footage
- Incident reports
- Police records
- Witness accounts
- Information concerning prior crimes
Access-control records, maintenance records, security policies, and staffing information may also show what precautions existed before the incident.
The investigation must address foreseeability, property owner duty, and the connection between the security condition and the injury. Prior crime evidence may help establish whether an assault or other criminal act was reasonably foreseeable, but its significance depends on factors such as location, similarity, frequency, and timing. Our negligent security lawyers also examine whether cameras, locks, gates, lighting, or security personnel were present and functioning as intended.
Trial-Tested Representation for Negligent Security Claims
We’ve seen firsthand how a violent injury can affect our clients and their families. We seek fair compensation from responsible parties, including large companies and major insurers when the facts and law support a claim.
Our documented negligent security results include recoveries of $1.4 million and $950,000. Past results don’t guarantee a similar recovery in another case because every claim presents different evidence, injuries, responsible parties, and legal issues. Our trial-tested advocates provide individualized attention and prepare claims for negotiation or litigation based on each client’s circumstances.
Request a Timely Review of Your Claim
Florida generally requires negligence actions to be filed within two years under Florida Statute § 95.11, but exceptions and case-specific rules can affect the deadline. A timely review by our Miami negligent security attorneys can identify potentially responsible parties and determine what records may need to be preserved.
If available, retain:
- Photographs
- Medical records
- Police or incident report information
- Witness details
- Communications with the property owner or insurer
We can review how the incident occurred, explain the claims process, and assess the evidence and damages that may shape your claim. Any recovery depends on the facts, applicable law, available evidence, and legally recognized damages.
Call today at (305) 783-3301 and schedule your initial consultation.
ABOUT MITCHELL & WEST
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Recognized by Super Lawyers®
Less than 5% of Florida attorneys are included on the Super Lawyers® List. It takes significant experience, results, and a strong reputation to pass the rigorous, patented selection process.
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Dedicated to the Community
In addition to providing sterling legal representation, including pro bono services to indigent clients, we strive to be active in the local community through volunteering, stewardship, and civic involvement.
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Trial-Tested Advocacy
We are true trial lawyers, ready for any and all courtroom litigation challenges. No matter how complex your case may be, we have the resources, experience, and insight to protect and fight for your rights.
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Known for Personalized ServiceWe understand that each case is unique, and every client deserves individualized attention. We are committed to providing one-on-one counsel and creating legal strategies tailored to your specific needs.