These days, we are very security conscious. Many people install alarm systems in their homes and cameras at their front door. We lock our cars, password protect our accounts and fence in our yards.

But no matter how aware you are of your surroundings, and no matter how many precautions you take – unfortunately, you may find yourself a crime victim. The fact is, that as you go about your daily business, there are ample opportunities for criminals to invade your space. If you are the victim of a crime in a public place, you may have the right to file a negligent security claim.

What is a Negligent Security Claim?

This type of lawsuit arises when you are the victim of an attack or assault on someone else’s property. The claim alleges that the entity, company or government did not take the necessary precautions to keep people safe while utilizing their services or property in the legally permissible way. Here are some common examples of possible negligent security claims, and steps the property owners may have taken to avoid the situation from occurring. Please note these suggestions are not comprehensive, and you should always get professional legal advice regarding your efforts to provide adequate premises seucrity.

Bar Fights: If someone is injured in a bar fight, whether in the bar or in the parking lot, the establishment owner may find themselves facing a lawsuit. Venues which serve alcohol run a higher risk of violence than other locations, so they may wish to hire bouncers and security guards, patrol the parking lots, and install security cameras and bright lighting.
Robberies in Parking Lots: High traffic locations such as shopping centers and strip malls may experience a high level of robberies and assaults as people reach their cars. Owners of these establishments should install security cameras, make sure that all sections of the parking lots are well lit, and may even consider offering to have security guards to walk patrons to their cars. Especially vulnerable are employees who arrive early and leave late, so mall owners should consider roving security or secured (gated) parking areas for these employees.
ATM Attacks: Someone drawing cash out of an ATM is an easy target for thieves, who can assault a patron, grab the cash, and get away quickly. Although virtually all ATM machines are now covered by surveillance cameras, it is not difficult for a criminal to disguise their identity. Banks may wish to hire a security guard for after-hours transactions.
Parks and Common Areas: Although it is difficult to monitor large expanses of public space, roving security and cameras should be a minimal precaution. Whenever possible, closing down parking after dusk or closing gates to restrict access may be prudent for proprietors looking to minimize exposure to criminal activity.

Even if the person injured on the property is trespassing, the property owner may, in some cases, still be open to a negligent security claim. Situations may include:

If a proprietor has knowledge of the trespasser but does nothing to stop the illegal activity – such as allowing a homeless person to sleep behind a building – they may be found liable if that person is injured or killed on their property.
If a business owner or property manager does not properly warn people of a danger to their health and safety – such as a warning sign on an electrified fence – they may still be found liable.
If any property – such as a public pool – represents an attractive nuisance to children, proper precautions must be taken to prevent their access. If a child gains access and is injured or killed, property owners will likely be held responsible.

If you think you have a valid case and need more information on negligent security claims – or if you are a Bradenton, Sarasota or Tampa business owner and are fighting such a case – call the Sarasota personal injury attorneys at Probinsky & Cole. We are here to help you to sort through the legal implications and fight for your rights.