Negligent Security Lawsuit Against an Apartment Complex

Unfortunately, the world can be a dangerous place.  Even our homes can sometimes present an opportunity for harm to befall us. If you live in an apartment complex and are the victim of a crime, can you file a negligent security lawsuit against the management company? Why wouldn’t you just sue the perpetrator of the crime?

First, let’s define negligent security. This is a body of law which is a part of premises security law, and it includes civil reparations for crimes and harmful acts. The law assumes that Sarasota and Tampa property owners have a legal obligation to keep visitors safe by providing sufficient basic security. If you have been harmed on someone else’s property and you can prove it was due to inadequate security, you may be able to claim damages for your injuries.

When is a Negligent Security Lawsuit Appropriate?

An apartment complex has a duty to keep residents – as well as visitors, workers and employees – safe and secure. The term “negligent security” refers to the assumption that the crime could have been prevented has adequate security measures been in effect.

Very few people would rent an apartment if they knew that there was a danger of violent crime. Florida has a specific body of premises law to determine the security measures which commercial properties need to implement. Therefore if it can be proven that the apartment complex did not provide adequate security and someone was victimized by crime on premise, the property owner may be held accountable for their injuries.

What Security Measures are Recommended?

1. Electronic Access: Restricting access to the community through gates or manned security is a great first line of defense. Only allowing access to building lobbies with a FOB/key card will help to keep non-residents out of the apartment area. Owners may even consider using that same FOB/keycard to access elevators. It may be a good idea to lock all doors overnight except for a main access location which is well lit and has security.
2. Security Cameras: The majority, if not all, of the complex should be covered by security cameras. All entrances and doors, all elevators, all hallways are important to have working cameras filming them. Not only will this help law enforcement should something occur, but cameras are known to be a deterrent as well.
3. State of the Art Locks: One of the best things you can do for your residents is to invest in door locks which are as security-conscious as possible. Doors being kicked in is a big problem according to the crime statistics, so don’t ignore the security of each individual apartment.
4. Bright Lights and Well-Lit Areas: If residents have to park in a dark corner of the parking lot, or if the lobby is dimly lit, there is more chance for criminals to be tempted. Bright spotlights, floodlights, and motion-activated lights are recommended.
5. Armed Security/ Concierge: Depending on the neighborhood and crime rate, you may wish to hire armed security guards to patrol or sit in lobbies and other points of access.

Question: Why file a negligent security claim against the owner of the apartment complex rather than the person who perpetrated the crime? Typically, it is easier to identify the owner of the commercial property than to locate a stranger. Also, the owner is much more likely to have insurance. This means if there is a judgement in your favor, you have a far better chance of it being enforced and your damages being paid as agreed.

If you think you have the grounds for a negligent security claim, call the attorneys at Probinsky & Cole. We would love to discuss your situation and help you to assert your rights.