Representing Victims of Violent Crime Caused by Inadequate Security

At Clark, Fountain, Littky-Rubin & Whitman, we hold negligent property owners accountable when preventable crimes happen on their premises. If you or a loved one became the victim of a violent crime on commercial property, such as a shooting, assault, or sexual battery, you may be entitled to file a negligent security lawsuit in Florida. Our firm fights to recover full compensation for victims who were harmed due to inadequate or absent security measures.

With over 200 years of combined experience and a national reputation for complex litigation, we understand what it takes to pursue justice in civil claims for criminal assaults. We represent clients throughout Florida in high-stakes negligent security cases involving fatal attacks, violent assaults, and foreseeable criminal conduct on private and commercial property.

What is Negligent Security?

At its core, negligent security is a failure—a failure by property owners to keep their premises safe. This can happen in many ways:

• Faulty Surveillance Systems: When cameras are missing or broken, and there’s no one watching the monitors.
• Understaffed Security: When there are not enough eyes and hands to manage safety effectively.
• Poor Lighting: Dark corners can be more than spooky—they can be dangerous, giving criminals the shadows they need to cause harm.
• Broken Fences and Locks: When the first line of defense against trespassers is left in disrepair.

Owners of properties like malls, hospitals, and schools have a duty to anticipate and protect us from potential dangers. When they fail, it’s not just a breach of trust—it’s a legal failure too.

Property Owners Have a Duty to Provide Adequate Security

Under Florida law, property owners and business operators are responsible for providing reasonable safety measures to protect lawful visitors from foreseeable criminal activity. This legal obligation applies to:

• Landlords of apartment complexes and rental housing
• Hotel and motel operators
• Shopping malls, strip plazas, and retail stores
• Nightclubs, bars, and music venues
• Gas stations and convenience stores
• Office buildings, banks, and financial institutions
• Parking garages and transportation hubs

When property owners fail to implement appropriate measures—such as security personnel, cameras, lighting, or controlled access—and someone is harmed, they may be held liable under premises liability for violent crime.

Investigating Inadequate Security Cases

Our Florida negligent security attorneys take immediate action to identify all points of failure. Each case is built on a foundation of evidence, expert analysis, and a deep understanding of both the law and the property’s specific history.

Comprehensive Site Analysis and Case Intake

We begin with a meticulous review of the scene, asking:

• Was the area well-lit and properly monitored?
• Were there working security cameras or alarms?
• Were entry points secured?
• Were staff properly screened and trained?
• Were there enough personnel on site given the number of tenants or patrons?

We assess what safety measures were lacking—and whether those failures violated the standard of care for that property type and location.

Demonstrating Foreseeability

To succeed in a negligent security lawsuit, we must prove that the criminal act was foreseeable. We accomplish this by obtaining:

• Local crime statistics and incident histories
• Police reports and 911 logs
• Prior complaints made to management or ownership
• News stories or online reviews indicating past issues

This documentation shows that the property owner knew—or should have known—of the risks, and failed to act.

Engaging Security Experts to Analyze Protocols

We retain security experts who understand industry best practices and can explain:

• What the property owner should have done
• How their protocols failed in real-world conditions
• Whether staffing, equipment, or supervision was inadequate

Expert testimony allows us to challenge claims of reasonable security and demonstrate exactly how the owner failed to prevent the crime.

Exposing Systemic Failures: Staffing and Negligent Hiring

In many cases, safety lapses stem from deliberate decisions to cut costs by hiring too few guards—or by hiring the wrong people. We expose:

• Negligent hiring practices, including failure to conduct background checks, verify training, or screen for prior misconduct
• Failure to hire adequate security, such as assigning one guard to monitor an entire 100-unit apartment complex
• Management’s refusal to increase staff despite documented complaints, prior incidents, or police involvement

These failures often show a clear disregard for tenant and visitor safety—and create a compelling basis for liability.

Establishing Direct Causation

We connect the security failure to the specific incident by showing:

• Unsecured entryways or gaps in surveillance coverage
• Understaffed security shifts at known high-risk times
• Background check failures that led to unqualified or dangerous hires

Our job is to show that the crime was preventable, and that the victim’s injuries resulted directly from the defendant’s failure to provide reasonable protection.

Addressing Florida’s 2023 Tort Reform in Negligent Security Cases

Florida’s recent changes to premises liability law have raised new legal hurdles. Our team is experienced in navigating:

• 768.81(4)(b): Shifting Focus from Criminal to Property Owner

Even if the attacker is unknown or unprosecuted, we present a strong case that the business owner’s failure—not just the criminal act—caused the harm.

• 768.0706: Rebutting the Presumption of Non-Negligence

If the property owner claims to have met certain security standards, we examine the actual implementation—not just what’s written on paper. Was the camera working? Was the patrol present? We expose gaps between policy and practice.

• 768.81(2): Protecting Clients from Victim Blaming

Comparative fault is now a central defense strategy. We protect our clients by documenting their actions and proving the landowner’s breach of duty is what made the environment unsafe.

Common Violent Crimes in Negligent Security Lawsuits

We represent victims of:

• Sexual assault and attempted rape
• Armed robbery
• Stabbings and physical assaults
• Shootings in parking lots or common areas
• Home invasions at apartment complexes
• Fatal attacks due to security gate or personnel failures

Whether your case involves a fatality, life-altering injury, or long-term trauma, our team is prepared to handle the full legal, investigative, and evidentiary burden of your claim.

Civil Lawsuits for Crime Victims: What You Can Recover

Many survivors of violent crimes are unaware that they can file a civil lawsuit for negligent security separate from any criminal prosecution. Our goal is to recover compensation for every way your life has been impacted, including:

• Medical expenses and future treatment
• Lost wages and diminished earning capacity
• Counseling and mental health care
• Physical pain and emotional trauma
• Property loss or damage
• Loss of enjoyment of life
• Wrongful death damages for surviving family members
• Compensation for long-term disability or disfigurement
• Costs of relocation or personal security after the incident

Let us help you pursue the justice—and the recovery—you deserve.

Significant Case Results

Why Choose Clark, Fountain, Littky-Rubin & Whitman?

• Over $817 million recovered for victims of serious injury and wrongful death
• Known throughout Florida for litigating complex, high-stakes cases
• Nationally recognized trial attorneys with extensive premises liability experience
• Proven success in exposing corporate negligence, including hiring failures and lack of security
• Compassionate and strategic representation with no fees unless we win

We don’t settle for minimal compensation. We pursue the full measure of justice.

Speak with a Florida Negligent Security Lawyer Today

If you or someone you love was harmed due to lack of security on private property, take action. Property owners must be held accountable when their negligence leads to life-altering violence.

Call Clark, Fountain, Littky-Rubin & Whitman now for a free consultation.
We are ready to listen, investigate, and fight for you.

We Serve Victims Across Florida

Our Florida negligent security attorneys handle cases in:

• Palm Beach Gardens
• West Palm Beach
• Miami
• Fort Lauderdale
• Orlando
• Tampa
• Jacksonville
• All counties across Florida

If you were the victim of a violent crime on a commercial property, don’t wait. We’re here to help you demand answers—and results.