Melbourne Negligent Security Lawyers Serving Brevard County
The Melbourne negligent security lawyers at Platt Cole Russell & Simpson PLLC represent victims injured due to foreseeable crimes on someone else’s property. When landlords, businesses, or property owners knew about prior incidents or had reason to believe their property was at risk for criminal activity, fail to implement reasonable security measures, and someone is hurt, Florida law allows the victim to hold the negligent property owner responsible for the harm suffered.
Our legal team serves crime-injury victims in Melbourne, Palm Bay, Titusville, Cocoa, Rockledge, Indian Harbour Beach, Merritt Island, and across Brevard County. The Melbourne personal injury attorneys at our law firm work on a contingency fee basis, so clients don’t pay anything unless we win.
For a free consultation, call 321-725-3425 or use our contact form.
What Is Negligent Security & Who Is Responsible When You’re Injured On Someone Else’s Property?
Negligent security falls under Florida’s premises liability law. These premises liability cases arise when a lawful visitor is harmed due to foreseeable risks on someone else’s property. Under Florida law, property owners owe guests a legal duty of reasonable care. This duty can extend to protecting them from the criminal acts of third parties.
To hold a business, apartment complex, or property owner responsible, the victim must prove negligence. This includes:
The property owner owed the visitor, customer, or resident a legal duty of care; the property owner breached this duty by failing to take reasonable security measures; the property owner’s failure caused the attack, theft, or other crime; and that the victim suffered physical and emotional pain, property damage, or other losses as a result.
The central question is foreseeability: Did the property owner know or should they have known that a crime was likely on their premises? If so, did the property owner exercise reasonable care or take reasonable steps to address the known hazard?
Responsibility can fall on landlords, property management companies, business owners, hotel and venue operators, and sometimes third-party security companies. Multiple parties can share fault for negligent security incidents in Melbourne. Our premises liability lawyers in Brevard County investigate who controlled the property and who was liable for the unsafe condition.
Common Types of Inadequate Security Measures
There are common types of dangerous conditions that indicate a property owner failed to address a foreseeable risk of crime. If any of the following were present before your attack, you may have a valid negligent security claim:
- Prior similar crimes on or near the property
- A documented high-crime location or pattern of police calls
- Ignored concerns, complaints, or prior warnings about safety
- Obvious lapses: broken locks, inadequate lighting, no security cameras, no security patrols, absent personnel
- Industry standards or lease security standards the property owner failed to meet
Why Choose Our Negligent Security Lawyers in Brevard County
The Melbourne negligent security lawyers at our personal injury law firm are trial-ready advocates who are prepared to take every premises liability claim to a verdict to secure justice, not just aim for a quick settlement. Insurers track which law firms will fold when negotiating and which will fight for justice. Property owners and insurers across the Space Coast know our attorneys are prepared for litigation when a settlement doesn’t reflect the full extent of a client’s physical and emotional pain.
We have a deep understanding of Brevard County courts, crime data, and industry standards for local businesses, apartment complexes, public parks, and other properties across the county. We have the resources to fight against well-funded property owners. When carriers undervalue or delay claims for negligent security cases, our skill with disputes against Brevard County property insurers becomes a decisive advantage.
Choosing the best lawyers for Brevard County negligent security cases can shape the outcome. Our legal team conducts thorough investigations, secures security and crime foreseeability expert testimony, and builds strong cases to withstand the defenses that negligent property owners raise. Contact our Melbourne office for a free consultation to discuss your legal options.
Violent Crimes and Injuries Behind Brevard County Negligent Security Claims
Most negligent security cases begin with a violent crime that reasonable security could have prevented. Our attorneys represent victims and families across Melbourne and Brevard County who were harmed by attacks that a property owner had the power, and the duty, to guard against.
These crimes often cause catastrophic, life-altering injuries, including:
- Gunshot wounds and internal organ damage
- Stab and penetrating wounds
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Severe blunt-force trauma and disfigurement
- Emotional trauma and PTSD
If you survived a serious attack, our team also handles the serious and catastrophic injuries that so often follow negligent security failures.
Assault, Battery and Shootings on Unsafe Property
Assaults, batteries, and shootings frequently happen in poorly lit parking lots, unsecured stairwells, and venues that operate without guards or working cameras. These attacks often leave victims with gunshot wounds, blunt-force trauma, and lasting injuries that a visible security presence may have deterred.
Sexual Assault Enabled by Inadequate Security
Sexual assaults occur in apartments, hotels, and parking structures where broken access controls, propped gates, or absent staff create an opening for an attacker. We handle these cases with confidentiality and care, focusing on how the property’s security failures allowed a foreseeable and devastating crime.
Armed Robbery and Carjacking
Armed robberies and carjackings cluster at ATMs, gas stations, parking garages, and retail lots with a known history of theft and no meaningful deterrence. When an owner ignores that history and provides no lighting, cameras, or patrols, victims can pursue a negligent security claim for their injuries.
Wrongful Death From a Foreseeable Crime
When a negligent security attack turns fatal, surviving family members may bring a wrongful death claim in Brevard County to recover funeral costs, lost support, and their own losses. Our attorneys handle these cases with compassion while holding every responsible party accountable.
Common Locations For Negligent Security Attacks in Melbourne and Brevard County
Property owners across every setting have a duty to address foreseeable security risks. The negligent security lawyers in Melbourne at our firm handle claims arising in the locations where inadequate security most often turns dangerous.| Property Type | Common Security Failure | Typically Liable Party | Damages Often Recoverable |
|---|---|---|---|
| Apartment or rental community | Broken gates, dead lighting, ignored complaints | Landlord, property manager | Medical costs, lost wages, pain and suffering |
| Hotel, motel, or resort | Unsecured access, no monitoring of common areas | Owner, operator, management company | Medical costs, emotional distress, disfigurement |
| Bar or nightclub | Untrained or absent security, overcrowding | Establishment owner, security contractor | Medical costs, lost income, punitive damages where applicable |
| Parking garage or lot | Poor lighting, no cameras, no patrols | Property owner, lot operator | Medical costs, future care, pain and suffering |
| Retail or shopping center | Unmonitored areas, ignored prior incidents | Store owner, center management | Medical costs, lost wages, emotional distress |
Injuries in Apartment Complexes & Gated Rental Communities
Apartment complexes and gated communities are frequent sites of negligent security attacks caused by broken gates, dead lighting, non-working cameras, and unaddressed tenant complaints. Landlords and property managers who ignore known dangers can be held liable when a tenant or guest is harmed.
Accidents in Hotels, Motels & Resorts Along US-1
Hotels, motels, and resorts along US-1 and near the beaches draw heavy transient traffic, which raises the risk of assaults and robberies. When operators fail to control access, staff the property, or monitor common areas, injured guests may have a claim.
Bar & Nightclub Accidents in Downtown Melbourne & Palm Bay
Bars and nightclubs in Downtown Melbourne and Palm Bay often see fights, assaults, and shootings, especially at venues with prior violent incidents. Poor lighting, untrained or absent security, and overcrowding can expose patrons to foreseeable harm that the establishment failed to prevent.
Parking Garage & Parking Lot Incidents
Parking garages and lots are among the most common negligent security settings because of isolation, poor lighting, and limited surveillance. Owners who leave these areas dark, unmonitored, and unpatrolled may be responsible for the robberies and assaults that follow.
ATM, Convenience Store & Gas Station Accidents
ATMs, convenience stores, and gas stations are recurring targets for robbery, violence, and similar incidents, particularly at locations with a documented crime history. When an owner provides no cameras, lighting, or security presence despite that history, victims may pursue compensation.
Retail & Shopping Center Accidents
Retail stores, shopping centers, and other local businesses must keep a safe premises for customers. This means security cameras, security guards, adequate lighting in walkways, entrances, and parking lots. Inadequate lighting, unmonitored corners, and ignored prior incidents can make an owner liable when a customer is attacked on the property.
Office Building & Event Venue Incidents
Office buildings and event venues that fail to control access or manage crowds can expose workers and attendees to foreseeable violence. Broken entry systems, absent security staff, poorly lit parking areas, and inadequate emergency planning are all dangerous conditions that support a negligent security claim. Our Melbourne negligent security lawyers are experienced in securing comprehensive compensation. We hire professional security consultants to serve as expert witnesses when office building and entertainment venue owners fail to offer fair compensation in negotiations.
Florida Negligent Security Law: The Legal Process For Claims Involving Foreseeable Harm, HB 837 & the Section 768.0706 Presumption
Florida negligent security law rests on foreseeability: a property owner’s duty to protect visitors from third-party crime grows with the risk the owner knew or should have known about. Prior similar crimes, the property’s location, and ignored warnings, concerns, and incident reports all indicate an increased risk for theft, assaults, and violent crimes.
Florida’s Multifamily Security Presumption: Civil Claims For Crimes in Apartment Complexes
For apartment complexes with five or more units, Florida Statute 768.0706 gives property owners added legal protection if they put basic security measures in place. However, in negligent security cases, the apartment complex owner must show they followed Florida law, and victims can challenge whether they implemented adequate security measures. This is not blanket immunity.
The following are reasonable safety measures that must be taken for apartment complex owners to claim protection under Florida law:
- Security cameras: at entry and exit points that record and keep video for at least 30 days
- Adequate lighting in parking lots: lighting to an average of at least 1.8 foot-candles from dusk to dawn (typically, owners must verify compliance with a lighting or security expert survey, not visual inspection)
- Proper lighting in walkways, laundry rooms, common areas, and porches
- A deadbolt with at least a 1-inch throw on every apartment entry door
- Functioning locks on every window, exterior sliding door, and other noncommunity exterior doors.
- Locked pool gates with key or fob access.
- A peephole or door viewer on apartment doors without windows
Additionally, property owners must:
- Obtain a CPTED assessment at least every three years and remain in compliance
- Provide crime deterrence and safety training to employees within 60 days and review the training at least every three years.
Meeting these requirements doesn’t automatically protect multifamily property owners from liability.
Modified Comparative Negligence in Florida
Florida premises liability laws also follow a modified comparative negligence rule. This means if a jury assigns over 50% of the fault to a victim, they can’t recover compensation. If the victim is 50% of less responsible, their recovery is reduced by their percentage of responsibility. Florida moved from a pure to a modified comparative negligence rule on March 24, 2023. In many cases, negligent property owners will attempt to minimize liability and push fault towards the victim. Our Melbourne negligent security lawyer team is skilled at showing how property owners failed in their legal duty to prevent criminal acts, particularly in locations where there’s a baseline increased risk for criminal activity.
Florida Statute of Limitations For Civil Claims Filed By Crime Victims
Most personal injury claims under Florida premises liability law that accrue after March 24, 2023 must be filed within the two-year statute of limitations (Fla. Stat. 95.11). Physical injuries from prior incidents fall under the state’s four-year statute of limitations period. Wrongful death claims must be brought within two years, as well.
It’s critical to speak with a Melbourne negligent security lawyer early. Tolling and notice rules can change the deadlines for negligent security claims.
Claim Type | Filing Deadline |
|---|---|
Negligence/personal injury (after 3/24/23) | 2 years |
Wrongful death | 2 years from date of death |
Claims against a government entity | Notice within 3 years; lawsuit deadlines per statute |
Minors & legal incapacity | Limited tolling applies |
Financial Recovery for Victims Harmed by Foreseeable Acts in Brevard County, FL
Victims of negligent security attacks in Brevard County may recover compensation for the full scope of what the crime cost them. Compensatory damages and whether the jury awards punitive damages depend on the severity of your injuries and property damage, the strength of the liability evidence, and the insurance coverage available. Florida doesn’t cap compensatory damages in premises liability cases. When a property owner’s negligence or conduct shows a reckless disregard for guests’ safety, our Melbourne negligent security lawyers will also seek punitive damages.
Compensatory damages can include:
- Economic damages: medical bills, future medical expenses, lost wages, and lost earning capacity
- Non-economic damages: pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life
- Wrongful death damages: funeral and burial expenses, lost support and services, and survivors’ losses
- Punitive damages: where gross negligence or intentional misconduct is proven
For families who have lost a loved one, our Melbourne negligent security lawyer team will pursue compensation for compensatory damages and punitive damages through wrongful death claims in Brevard County whenever possible under Florida law.
What To Do After You’re Attacked or a Victim of a Criminal Act in Melbourne, FL: Evidence & Filing Incident Reports
What victims do in the aftermath of an attack can protect their right to pursue claims. Gathering evidence early can help prove a property owner’s failure to provide a reasonably safe environment led to your injuries.
- Get to safety and call 911
- Seek medical care and keep records
- Report the crime and obtain the police report number
- Photograph the scene: lighting conditions, locks, cameras, gates, and entry points
- Get names and contact information of witnesses (our attorneys will interview witnesses and gather witness statements)
- Don’t give recorded statements to the property’s insurer before speaking to a negligent security attorney
- Get a prompt legal consultation from a negligent security lawyer to gather evidence quickly
Evidence that strengthens a negligent security claim:
- Prior crime reports and police call history for the property
- Surveillance footage, secured before it is overwritten
- Security staffing logs, lease terms, and security policies
- Lighting, lock, and maintenance records
- Prior tenant or guest complaints
- Expert witnesses: security experts and expert knowledge of crime-foreseeability
You can’t assume the property owner’s insurer will compensate fairly for the victim’s losses, and evidence preservation is essential in negligent security litigation. Our Melbourne negligent security attorney team will send a preservation letter to secure evidence after a negligent security incident.
Serving Negligent Security Victims Across Brevard County
Our Melbourne negligent security lawyers represent clients throughout the Space Coast from our Melbourne law firm. We serve victims in Melbourne, Palm Bay, West Melbourne, Titusville, Cocoa, Rockledge, Merritt Island, Viera, Satellite Beach, and Indian Harbour Beach. We know the local courts, hospitals, and crime data that shape negligent security cases.
Reach our Melbourne law office or talk to our Brevard County team to get started.
Where Brevard's Most Serious Crime Victims Are Treated
Physical injuries from negligent security are typically treated at Holmes Regional Medical Center in Melbourne, the only state-accredited Level II trauma center in Brevard and Indian River Counties. Our Melbourne negligent security attorneys understand the trauma care, long-term medical expenses, and medical liens shaping the value of civil claims for serious injuries.
Courthouse of Jurisdiction: Brevard County and the Eighteenth Judicial Circuit
Our Melbourne negligent security lawyers file lawsuits in the Eighteenth Judicial Circuit Court, which serves Brevard and Seminole Counties. Most civil claims are heard at the Harry T. and Harriette V. Moore Justice Center in Viera, with additional proceedings at the Melbourne Branch Courthouse. Local knowledge of these courts helps our legal team move negligent security cases efficiently.
Foreseeability often turns on an area’s crime data and what similar crimes occurred recently. Last year Brevard County recorded:
- Homicide: 24
- Burglary: 1, 431
- Rape arrests: 32
- Violent Crimes (Murder, Rape, Robbery & Aggravated Assault): 844
- Major Offenses (Property & Violent Crime): 2,767
Crime data patterns like these are what all premises owners are expected to account for when determining what are considered adequate security measures for a location.
Florida Negligent Security Claims: FAQ
What is negligent security in Florida?
Negligent security falls under premises liability law. These premises liability cases work to ensure property owners are held liable when visitors are harmed by crimes resulting from inadequate security. It applies when reasonable security measures, like proper lighting, security cameras, or security personnel, could have prevented the sexual assault, burglary, theft, attack, or other criminal activity considered to be known hazards.
Who can be held liable for a negligent security attack in Florida?
Liability can fall on any party responsible for the property’s safety. Many cases include multiple responsible parties.
Potential defendants in a negligent security case can include:
- Landlords, property owners, & property management companies
- Business owners and commercial tenants
- Hotel, bar, and event venue operators
- Third-party security companies hired to protect the property
A Melbourne negligent security lawyer can help determine who can be held responsible. Call 321-725-3425 for a prompt legal consultation.
Foreseeability often turns on an area’s crime data and what similar crimes occurred recently. Last year Brevard County recorded:
- Homicide: 24
- Burglary: 1, 431
- Rape arrests: 32
- Violent Crimes (Murder, Rape, Robbery & Aggravated Assault): 844
- Major Offenses (Property & Violent Crime): 2,767
Crime data patterns like these are what all premises owners are expected to account for when determining what are considered adequate security measures for a location.
How long do I have to file a negligent security lawsuit in Florida?
Florida has a two-year statute of limitations period for negligence claims accruing after March 24, 2023. The same two-year statute of limitations also applies to wrongful death claims. There are limited exceptions for minors and cases involving government entities.
To confirm your deadline, call 321-725-3425 and speak to a Melbourne negligent security attorney.
Does Florida's HB 837 mean I cannot sue my apartment complex?
No, Florida Statute 768.0706 only creates a rebuttable presumption against the apartment complex’s liability, and this only applies to multifamily owners who prove they substantially implemented the required security measures. The apartment complex owner carries the burden of proof, and an experienced negligent security attorney can challenge this with the right evidence.
Call 321-725-3425 to discuss your legal options with a Melbourne negligent security lawyer.
How much is a negligent security case worth?
Fair settlement and jury awards vary widely depending on the severity of the victim’s losses, whether the plaintiff’s attorney presents a strong case, and the coverage available. Florida courts regularly order:
- Economic damages: current medical bills, cost of long-term medical care, lost income, and future earning capacity
- Non-economic damages: pain and suffering, PTSD, scarring and disfigurement, etc.
- In some cases, juries assign punitive damages when the defendant’s conduct was particularly egregious
Do I need a police report to file a negligent security claim?
To file a negligent security claim in Brevard County, filing a police report helps, but it’s not required for civil claims. A Melbourne negligent security lawyer can use other critical evidence, including surveillance footage, witness statements, and medical records, to prove the crime occurred and the property owners’ security failures contributed to the crime and resulting harm.
