Negligent Security

In some situations, the owner of a store, shopping center or other property has a duty to protect guests from foreseeable criminal acts. Criminal acts may include robbery, shootings, assault, purse snatching, rape, or other incidents that cause emotional injuries, physical injuries, or death to a person on the premises.

Florida law requires the owner of a business establishment to be aware of prior crime in the area through newspaper reports and by studying information in county records. When an area has significant criminal activity such as prior assaults, purse snatchings, robberies, or vehicle break-ins, the owner of the establishment has a legal duty to provide security to protect guests.

In some cases, it is required that a security guard be provided. It is not required that a security guard be able to stop a crime from occurring. The presence of a security guard in a parking lot or a store serves to deter someone who might want to rob or assault customers at that business. The amount of security required to deter crime depends on the history of crime in the area and the physical layout of the property. Other security measures may include cameras, warning signs, off-duty police officers, and improved lighting.

Businesses want you to come onto their property and spend money. Under Florida law, they also have a duty to make sure you are safe from foreseeable criminal acts that can injure you.

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