Cape Coral Negligent Security Attorneys

Fighting For Negligent Security Victims in Florida

If you or a loved one has been the victim of a crime on someone else's property, it is important to speak to an experienced injury attorney who can assess the situation.

We can investigate the facts of your case to determine whether or not you may have a viable negligent security claim through which you can seek compensation. Our personal injury attorneys can guide individuals through the legal process. 

Call us today at (239) 908-4930 or contact us online to schedule a consultation with our negligent security lawyer in Cape Coral.

Filing a Negligent Security Claim

Negligent security cases generally involve an individual being assaulted, raped, robbed, or harmed in some way. These incidents often take place at shopping malls, restaurants, nightclubs, parking garages, hotels, casinos, schools, churches, or apartment complexes.

Some examples of negligent security include:

• Insufficient lighting in a parking lot or common area
• Inadequate locks that allow easy access for intruders
• Lack of security cameras
• Lack of hired security
• Insufficient video surveillance

Business and property owners in Florida have a legal duty to provide safe premises to individuals who enter the land. This includes a duty to protect visitors from harm caused by intentional criminal acts of third parties when those acts are foreseeable. Thus, foreseeability is a key factor in these types of cases.

It is necessary that the property owner be reasonably able to foresee that some injury may well occur. For example, if a neighborhood has a pattern of crime, it is probably foreseeable that a crime may occur in an apartment building if it lacks adequate locks.

In order to prevail in a negligent security claim, the plaintiff must establish the following elements. The property owner must have had a duty to provide basic security measures for the premises; the property owner must have breached this duty by failing to provide the security measures; the breach must have caused the victim's injuries; and the victim must have incurred damages as a result.

Damages for Negligent Security

Violent crimes can have serious consequences. If a plaintiff can establish negligence by a property owner, he or she may be able to recover a wide range of damages, such as medical bills, pain and suffering, and lost income.

If a victim sadly died as a result of a crime, surviving relatives may be able to recover compensation for medical expenses prior to the decedent's death, burial and funeral expenses, loss of companionship, and more.

Under Florida law, a negligent security claim must be filed within two years from the date of the incident, which is known as the statute of limitations. This time frame is crucial, as failing to file within this period could result in losing the right to take legal action. Similarly, wrongful death claims must also be filed within two years of the date of death. If a claim is not filed within the prescribed time, the case may be dismissed, and the opportunity to seek compensation will be lost​

Contact Our Negligent Security Attorney in Cape Coral Today

At Lusk, Drasites, & Tolisano, our injury lawyers have represented people affected by violent crimes for decades. We help hold property owners accountable when unsafe conditions could have been prevented. 

Since 1982, Lusk, Drasites & Tolisano has supported individuals and families in Cape Coral and across Southwest Florida. Our long-standing service shows our commitment to local residents dealing with personal injury and negligent security claims. We take the time to listen to our clients and build strong, trusting attorney-client relationships. Our understanding of Florida statutes and courtroom practice helps us explain every step and advocate for your legal rights.

FAQs

How long does a negligent security case usually take in Florida?

Every case timeline is different, but most negligent security claims take anywhere from several months to over a year to resolve, depending on the evidence and whether the parties settle or go to trial. Complex facts or multiple parties can make cases last longer.

Can I bring a claim if the crime happened in a parking lot or at an apartment complex?

Yes, Florida law allows claims for negligent security if a property owner fails to take reasonable steps to protect guests. Many claims involve places like parking garages, apartment complexes, hotels, or retail spaces in Cape Coral and the surrounding areas.

What should I do after a negligent security accident?

If you’ve been hurt in a negligent security incident, your first priority should be safety. Move to a secure location and call 911 right away. Reporting the accident to the police ensures that an official record is made, which can be critical evidence later. Afterward, seek medical attention as soon as possible—even if you think your injuries are minor. Some injuries, especially internal or emotional ones, may not appear immediately, and medical documentation will help support your claim.

It’s also important to document the scene by taking photos or videos of the place where the incident occurred, including lighting conditions, broken locks, or a lack of security measures that may have contributed to your injury. If there were any witnesses, collect their names and all contact details, as their statements can strengthen your case.

Make sure to report the incident to the property owner and request a copy of any report they create. Keep copies of all medical records, fees, and correspondence related to the accident, and avoid discussing the incident on social media. Ultimately, consult with an experienced attorney specializing in negligent security. An experienced premises liability lawyer could assist you in understanding your rights, investigating the property owner’s negligence, and pursuing a fair settlement for your injuries and losses.

Our Cape Coral negligent security lawyers assist injured individuals near Cape Coral, Fort Myers, and Naples. To request your free legal consultation with one of our Florida injury lawyers, call us toll-free at (239) 908-4930.