The Ticktin Minute December 26, 2016 – Negligent Security

Negligent security cases are an interesting subset of the ordinary negligence cases in Florida. Like any other negligence case, the plaintiff is required to prove duty, breach, causation and damages. In negligent security cases, the duty is to provide adequate security to the same standard as a reasonably prudent company or entity would provide in a similar situation. A failure to provide such adequate security would result in a breach, and if there are corresponding damages that were caused by this breach, the plaintiff may have a successful case.

Oftentimes, the defendant in these cases is either a security company or a property management company. If there was another organization that employed the security or property management company, then they are usually joined to the lawsuit as well. It is ultimately a question for the jury to determine whether the security or property management company had a duty in the first place and whether they breached that duty. The defendant’s are usually sued because these cases often stem from criminal acts of third parties who cannot be held personally liable for their actions or whose pockets would not be deep enough to compensate the plaintiff for their damages.

For example, if a child is killed by a stray bullet in an apartment complex, the parents may attempt to pursue the property manager for their failure to provide a secure environment within their neighborhood. The specific facts that brought this third party defendant into the neighborhood, the foreseeability of their actions, and the precautions taken to prevent such harm would all be factor that a jury would look at when determining the liability of a property manager or security company for a third party’s criminal actions.

Due to the complexity of these negligent security cases, which often must be litigated all the way to a jury trial, it would be wise to contact a legal professional to assist in handling such a case.

If you have suffered from a personal injury contact the attorneys of The Ticktin Law Group for a free consultation to help you get the compensation you deserve.