Negligent Security (Rape/Assault/Murder) Law in Florida is a Creature of Premises Liability Law

I have blogged previously on various topics pertaining to premises liability law (open & obvious doctrine; slip & fall; dog bites; and natural conditions. One topic about which I have not written is negligent security.

Negligent security cases involve harm to residents, guests, patrons and the like through the conduct of a bad actor such as a rapist or a mugger.

One of my previous blogs addresses the general principles of Florida law regarding landowner liability for accidents or events that occur on their property. For the most part, every commercial property owner owes some duty of care to those who enter their property, with the level of care being defined by a particular individual’s status on the property (e.g., invitee, invited licensee, uninvited licensee, trespasser). These general principles apply to negligent security cases.

Sadly, rapes and assaults at commercial locations like malls and apartment complexes are events all too common in Florida. Of course, some of these crimes cannot be prevented. However, many could be deterred through reasonable security measures such as improved lighting, beefed up security, video cameras, and eliminating secluded areas.

Parents, for example, allow their teenage children to spend time with friends roving around shopping malls, believing them to be safe havens. For the most part they are, but not always. Many large malls are breeding grounds for young toughs looking for trouble and the downright depraved to prey on women and children.

Commercial property owners are charged with knowing the dangers and reducing or eliminating risk. When the duty is breached, there can and should be serious consequences falling on the owners, otherwise, they may become lax in providing safe environments. We wouldn’t want that in our state.

Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.

Contact us at 866-785-GALE or by email to learn your legal rights.

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