Negligent security is a legal cause of action against property owners who fail to provide adequate security against crime. Legal claims may include negligent infliction of emotional distress, false imprisonment, assault and battery, premises liability, personal injury law, wrongful death, and other torts.
Negligent security is a cause of action alleging that an owner or occupier of real estate failed to take reasonable precautions against third-party criminal conduct. This can include burglars, robbers, rapists, and other criminals.
Negligent security in Florida may be a valid claim when the property owner fails to take reasonable steps to comply with Florida's "Stand Your Ground" law (F.S. Â§ Â§ 776.012, Â§ Â§ 776.013). A property owner has no duty to flee or retreat when attacked by an assailant on his or her own premises before resorting to counter-measures.
Negligent security claims are based on the duty of care that an owner or occupier owes to lawful visitors who are injured because of inadequate security measures. Property owners must take reasonable steps to protect other people from foreseeable injury by third parties, including criminals, attackers, vandals, trespassers, etc.
Negligent security claims are based on the legal principle of "in loco parentis" which means that a property owner takes on the care, custody, and control duties as a parent.
In Florida, negligent security is an affirmative defense to criminal charges when a property owner responds with force or violence during an armed robbery or home invasion.
Negligent security claims are divided into four general categories:
– Negligent security cases
– Civil rights violations
– Assault and battery
– False imprisonment, false arrest
The statute of limitations for negligent security claims in Florida is 4 years after the date that the cause of action accrues.
Negligent security claims have been brought for a variety of reasons including
– car theft
– criminal trespassing at a business or commercial location, and
– thefts from vehicles on private property, in public parking lots
– sexual assaults
– battery, and
– forced entry into a home or business by an intruder. Negligent security cases are usually filed in civil court. Victims of negligent security must prove that the property owner was legally responsible for the criminal act.
Negligent security claims are usually brought against business or commercial property owners, including
– shopping malls
– retail stores
– office buildings and offices
– apartment complexes and condominiums, and may include businesses that provide day care services for children