MELBOURNE NEGLIGENT SECURITY ATTORNEY

If you were injured because of negligent security in Melbourne, Florida, there are several steps you can take to protect your health and your potential claim:

• Get medical care: Your health should be the top priority. Medical treatment also creates records that help document your injuries.
• Report the incident: Notify the property owner, manager, or law enforcement as soon as possible. Ask for a copy of any incident report or police report.
• Collect evidence: If you are able, take photos of the scene, your injuries, and any security problems, such as poor lighting, broken locks, missing cameras, or a lack of security staff. Try to gather contact information from witnesses as well.
• Keep important records: Save medical bills, police reports, photos, emails, text messages, and any other documents connected to the incident.
• Use caution with insurance companies: Avoid giving recorded statements or accepting settlement offers before you understand your rights. Insurance companies may try to reduce the amount they pay.
• Speak with a negligent security attorney: An attorney can review what happened, explain your legal options, and help you pursue compensation if the property owner failed to take reasonable steps to keep visitors safe.

Negligent security is a type of premises liability case where the property owner or manager fails to provide a safe environment for visitors, tenants, or employees. This can happen in several ways, often involving inadequate physical security measures or a lack of proper oversight that creates unsafe conditions. Examples of negligent security in different Melbourne environments may include:

Residential Properties

People who live in or visit apartment complexes and residential communities expect these spaces to be reasonably safe. When property owners or managers fail to maintain basic security measures, residents and visitors may face a higher risk of crimes such as assault, burglary, or vandalism. Examples of negligent security in residential areas may include:

• Broken or malfunctioning gates or locks: Damaged gates, doors, or locks may allow unauthorized individuals to access the property.
• Poor lighting: Inadequate lighting in parking lots, hallways, stairwells, or shared spaces can make it easier for criminal activity to go unnoticed.
• Lack of security cameras or personnel: Without proper surveillance or security staff, it may be more difficult to deter crime or identify those responsible.

Commercial Properties

Commercial properties, such as shopping malls, office buildings, and parking garages, often bring large groups of people together. Because of this, they may become targets for criminal activity. When these properties do not have proper security measures in place, visitors may be at risk of crimes such as theft, assault, or shootings.

Examples in Melbourne, Florida, may include:

• Malfunctioning or missing security cameras: Broken or nonexistent cameras can allow criminal activity to go unnoticed or unrecorded.
• Understaffed security teams: Too few security personnel may make it harder to monitor the property or respond quickly to suspicious activity.
• Poor lighting in parking garages or walkways: Inadequate lighting can create hiding places and make it easier for crimes to occur.

Event Venues

Event venues, including concert halls, stadiums, and arenas, often bring together large crowds where proper crowd control and security planning are essential. When security is poorly planned or inadequate, dangerous situations can occur.

Examples of negligent security at event venues may include:

• Lack of crowd control measures: Inadequate barriers, poor planning, or insufficiently trained security staff may contribute to physical altercations, overcrowding, or crowd-related injuries.
• Insufficient entrance screening: Poor bag checks or a lack of metal detectors may allow dangerous weapons or prohibited items into the venue.
• Failure to provide emergency support: Venues should be prepared to respond to fights, medical emergencies, accidents, or other incidents that may put attendees at risk.

Public Spaces

Public spaces, such as parks, transit stations, and bus stops, are places where people should be able to go about their daily activities safely. When security is inadequate in these areas, the risk of violent crime, theft, and vandalism may increase.

Examples of negligent security in public spaces may include:

• Lack of surveillance: Without proper surveillance in transit stations, parks, or similar areas, criminal activity may go undetected.
• Poor lighting: Unlit areas in parks, bus stations, or other public spaces can create unsafe conditions, especially at night.
• Lack of patrols or security presence: In high-crime areas, the absence of police patrols or security personnel may leave people more vulnerable to criminal acts.

Negligent security cases often involve crimes that may have been prevented if proper safety measures had been in place. Common scenarios tied to negligent security may include:

Violent Crimes

• Assault: People may be attacked in poorly secured areas, such as apartment complexes with inadequate lighting or parking garages that are not properly monitored.
• Armed robbery: Commercial properties and residential communities with weak security may be more vulnerable to crime when offenders believe there is a lower chance of being caught.
• Shootings: In locations with limited surveillance, inadequate security personnel, or poor safety measures, shootings may occur without timely intervention.

Sexual Crimes

Poor lighting, limited surveillance, and isolated areas can make people more vulnerable to sexual assault. When property owners fail to address these security risks, victims may be exposed to danger in places such as:

• Dimly lit shopping mall parking lots: Poor lighting can make it easier for someone to approach or attack without being seen.
• Secluded areas of apartment complexes: Isolated walkways, stairwells, laundry rooms, or parking areas may create opportunities for assault when security is lacking.
• Isolated areas in public parks: Areas without proper lighting, visibility, or security patrols may put visitors at greater risk.

Property Crimes

Property crimes such as vandalism, car theft, and burglary often happen in places with inadequate security measures. These crimes are prevalent in areas where:

• Security cameras are non-functional or absent.
• Gates or fences are broken, allowing unauthorized access.
• Lack of on-site security personnel to monitor suspicious activity.

If you've been the victim of a crime due to negligent security in Melbourne, Florida, understanding the legal process is crucial to ensuring justice is served. Here's a step-by-step guide to what you can expect during a negligent security lawsuit:

1. Victim Consultation and Case Evaluation

The first step is to speak with an experienced attorney at Morgan & Morgan who can review the details of your case. This may include discussing what happened, evaluating available evidence, and determining whether negligent security may have contributed to the crime.

2. Evidence Gathering

In order to prove your case, your attorney will gather important evidence, such as:

• Surveillance footage that may show the crime or the lack of security measures.
• Incident reports from law enforcement or security companies.
• Expert witness testimony to explain how inadequate security contributed to the crime.

3. Filing the Lawsuit and Identifying Liable Parties

After the evidence has been gathered, the lawsuit may be filed. In negligent security cases, more than one party may be responsible, including property owners, property managers, or security companies. Identifying all potentially liable parties can be an important part of building a strong case.

4. Negotiation or Trial Preparation

After the lawsuit is filed, your attorney will work to negotiate a settlement. If a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome.

Morgan & Morgan can guide clients through each stage of this process, providing experienced legal support to help victims pursue justice.

In negligent security cases, more than one party may be held responsible. Potential defendants may include:

• Property managers and landlords: These parties are often responsible for maintaining reasonably safe premises and ensuring appropriate security measures are in place.
• Event organizers: If an event organizer fails to provide adequate security at a venue, they may be liable for resulting harm.
• Security companies: If a third-party security company is hired to monitor a property but fails to perform its duties properly, it may be held responsible.
• Employers: If an incident happens in the workplace and inadequate security contributed to the crime, an employer may be liable.

In some cases, liability may be shared by multiple parties. For example, if both the property owner and a security company were negligent, both may be responsible for the damages.

Victims of negligent security incidents may be entitled to compensation for various damages, including:

Economic Damages

• Medical Costs: Expenses for emergency care, surgeries, rehabilitation, or long-term medical treatment.
• Lost Wages: Compensation for time missed from work due to injuries or trauma.

Non-Economic Damages

• Emotional Trauma: PTSD, anxiety, and depression resulting from the incident.
• Pain and Suffering: Compensation for physical and emotional pain endured by the victim.

Punitive Damages

In cases involving gross negligence, punitive damages may be awarded to punish the defendant for showing a reckless disregard for safety.

Hiring a lawyer to handle your negligent security case is crucial for several reasons. A skilled attorney can guide you through the legal process, help build a strong case, and fight for the compensation you deserve. Here's how a lawyer can specifically help:

Expert Knowledge of the Law

Negligent security cases involve premises liability law, which can be complex and vary from state to state. A lawyer who specializes in these types of cases understands the intricacies of the law, including:

• Premises liability: Your lawyer will know how to prove that the property owner or manager failed in their duty to maintain a safe environment.
• Foreseeability of harm: Your lawyer will help establish whether the crime was foreseeable and whether the property owner should have anticipated the risk.

Investigating the Incident

A lawyer can thoroughly investigate the circumstances surrounding the crime and gather critical evidence. This includes:

• Collecting surveillance footage: If the crime was caught on camera or if cameras were lacking, your lawyer can request footage from the property owner or security company.
• Witness statements: A lawyer can interview witnesses who may have seen suspicious activity or other relevant events leading up to the crime.
• Incident reports: Your attorney will obtain police reports, security company reports, and any other documents that might support your claim.

Proving Negligence

One of the biggest challenges in a negligent security case is proving that the property owner failed to take reasonable steps to keep the property safe. A lawyer can help by:

• Reviewing the property owner’s actions: An attorney can determine whether the owner failed to take reasonable precautions, such as repairing broken locks, improving lighting, or hiring enough security staff.
• Connecting the security failure to the crime: A lawyer can help show how poor or inadequate security may have contributed to the incident.
• Working with experts: Security experts, crime prevention specialists, or other expert witnesses may help explain what safety measures should have been in place.

Identifying Liable Parties

A lawyer will help identify all parties who may be liable for the incident, including:

• Property managers and landlords: If they were negligent in maintaining the property.
• Security companies: If a third-party security firm failed to monitor the property or respond to threats properly.
• Event organizers or employers: In cases involving events or workplaces where inadequate security led to harm.

A lawyer will ensure all liable parties are held accountable, increasing your chances of receiving fair compensation.

Handling Negotiations and Settlements

Insurance companies and property owners may try to limit their responsibility or offer less than your claim is worth. A lawyer can help by:

• Negotiating on your behalf: Attorneys understand how to negotiate settlements and can work to pursue fair compensation.
• Protecting your rights: Your lawyer can help ensure your interests are prioritized during settlement discussions and that you are not pressured into accepting an inadequate offer.

Trial Representation

If a fair settlement cannot be reached, your lawyer will be prepared to take your case to trial. This includes:

• Preparing your case: A lawyer can organize the evidence, witness testimony, and expert opinions needed to present a strong case in court.
• Representing you in court: A skilled attorney can present your case, argue on your behalf, and use their legal experience to fight for the best possible outcome.

Maximizing Compensation

A lawyer can help you pursue the full compensation available for your damages, which may include:

• Medical expenses: Hospital bills, therapy, ongoing treatment, and long-term medical care.
• Lost wages: Compensation for income lost because of your injuries or trauma.
• Pain and suffering: Compensation for emotional distress, PTSD, anxiety, and other non-economic damages.
• Punitive damages: In cases involving gross negligence, your lawyer may pursue punitive damages to help hold the property owner accountable for reckless conduct.

Peace of Mind

Handling a negligent security case on your own can feel overwhelming and emotionally difficult. Having a lawyer manage your case can give you peace of mind, knowing that a legal professional is protecting your rights and working toward the best possible outcome.

To prove a negligent security case, certain evidence is essential to demonstrate that the property owner or manager failed in their duty to maintain a safe environment. Here’s a breakdown of the key evidence you will need:

Surveillance Footage

• Why it’s important: Video footage can provide a clear record of what happened, including how the crime occurred and whether security failures may have contributed. This could include broken cameras, malfunctioning equipment, or a lack of adequate security presence.
• What to gather: Camera footage from the area where the crime occurred, including parking lots, entrances, hallways, or common areas. If the cameras were not working at the time of the incident, that may further support a negligent security claim.

Incident Reports

• Why it’s important: Incident or police reports document the details of the crime and any investigative steps taken afterward. They often provide valuable information regarding the nature of the crime, the injuries sustained, and how the security measures (or lack thereof) contributed to the incident.
• What to gather: Reports filed by the police, security personnel, or event organizers. If you were the victim, you may also have filled out reports at the scene or with the property manager.

Witness Statements

• Why it’s important: Testimonies from witnesses can corroborate your version of events and help establish that the crime could have been prevented with proper security measures. Witnesses can provide insight into what they saw before, during, or after the crime.
• What to gather: Contact details of witnesses, along with written or recorded statements. Eyewitness accounts can be crucial in verifying details about the environment, such as poor lighting or a lack of security presence.

Security Records and Logs

• Why it’s important: These records can show the maintenance of security systems and how often security personnel were present at the property. If records indicate lapses in security (such as malfunctioning gates, broken locks, or missed security patrols), this can prove negligence.
• What to gather: Logs from security companies, maintenance records for security systems (lighting, cameras, gates), and any records showing previous security incidents or complaints from tenants, employees, or patrons.

Maintenance Records

• Why it’s important: These records can show whether the property owner or manager properly maintained the property to help keep people safe. Broken gates, poor lighting, or malfunctioning locks may be signs that important safety issues were neglected.
• What to gather: Any reports, maintenance records, or work orders related to security features, such as gates, doors, lighting, locks, alarm systems, or cameras. These records may help show whether there were ongoing security problems that the property owner or manager failed to fix.

Expert Testimony

• Why it’s important: Expert witnesses, such as security consultants or crime prevention specialists, can provide professional opinions on the adequacy of security measures. They can testify to what safety precautions should have been in place and how the absence of these measures contributed to the crime.
• What to gather: Expert reports or testimony from individuals with qualifications in security, crime prevention, or similar fields. They can offer an objective analysis of whether the security measures in place were adequate for the environment.

Previous Crime History

• Why it’s important: A history of previous crimes or criminal activity on the property can demonstrate that the property owner was aware (or should have been aware) of the risks and had an obligation to take preventive measures.
• What to gather: Crime records or incident reports showing previous criminal activity on the property may be important. Repeated break-ins, assaults, thefts, or similar incidents may help show that the property owner knew about the risks but failed to take steps to improve security.

Photographic Evidence

• Why it’s important: Photos of the crime scene or the property in question can provide visual evidence of poor lighting, broken locks, or other hazards that contributed to the crime. These images help show the unsafe conditions that led to the incident.
• What to gather: Photos of the property showing poor lighting, obstructed pathways, broken gates, missing signage, or areas where security measures were lacking.

Contracts and Agreements

• Why it’s important: If the property owner or event organizer hired a security company, the contract or agreement may help show what level of security was expected. If the security company failed to meet the terms of that agreement, it may help support a claim of negligence.
• What to gather: Copies of contracts with security companies, including details about their responsibilities, the number of security personnel, and the specific security measures they were to implement.

Testimony From the Victim (You)

• Why it’s important: Your personal account of the incident, including details about the environment, lack of security, and how the crime occurred, is critical. Your testimony helps establish the direct link between the property’s unsafe conditions and the harm you suffered.
• What to gather: A written statement or recorded testimony that explains what happened, describes the surrounding environment, and details how the crime affected you.

In a negligent security case, “foreseeable harm” refers to whether a property owner or manager could have reasonably anticipated the risk of criminal activity on the property and whether that risk required certain security measures. To prove negligent security, you generally must show that the harm, such as a violent crime or property damage, was foreseeable and that the property owner should have taken reasonable steps to help prevent it.

Foreseeability is usually evaluated by looking at factors such as:

History of Similar Crimes

If a property has a history of criminal activity, it strengthens the argument that the property owner should have foreseen the risk of further crimes. A pattern of prior incidents, especially of the same or similar nature, makes it more likely that the property owner could have anticipated the need for heightened security.

Nature of the Property and Its Location

The type of property and where it is located can play an important role in determining foreseeability. Properties in high-crime areas or places that draw large crowds, such as shopping malls or event venues, may face a higher risk of criminal activity. When a property is located in an area with known safety concerns, the owner may need to take stronger security measures to help prevent harm.

Previous Complaints or Concerns

If tenants, employees, or visitors previously complained about security problems, such as broken gates, poor lighting, or a lack of security personnel, it may show that the property owner knew or should have known about the risk. If the property owner failed to address those concerns, it may help demonstrate that the harm was foreseeable.

Expert Testimony

Security management or crime prevention experts can help evaluate whether the property owner’s security measures, or lack of security measures, were reasonable based on the specific risks at the property. These experts may testify about security standards in similar settings, whether the harm was foreseeable, and what safety measures should have been in place.

Crime Data and Statistics

Statistical data on crime trends in the area can support the argument that a crime was foreseeable. If crime rates in the area have been rising or if the type of crime that occurred is common in similar locations, this increases the foreseeability of the harm.

The Risk of the Type of Crime

The type of crime that occurs is a key factor in determining foreseeability. Some crimes, like assaults or robberies, are more likely to happen in certain environments or under certain conditions, while others may be more random. The risk of harm must be assessed in relation to the property's vulnerability to specific types of crimes.

Standard Security Practices for Similar Properties

The standard of care for security in similar properties or businesses is also important in determining foreseeability. Property owners are expected to implement reasonable security measures that align with the standards in the industry or similar environments.

The Severity of the Crime

If the crime was particularly serious or violent, it may be easier to show that the harm was foreseeable. When there is an increased risk of violent crime, property owners are generally expected to take stronger safety measures to help protect visitors or tenants.

The Opportunity for Criminals

If the property created opportunities for criminal activity, such as poorly lit areas or a lack of security staff, the harm may be considered foreseeable. Property owners are expected to reduce these risks by addressing security weaknesses and unsafe conditions.

You may still have a valid claim even if you think you were partly responsible for the incident. In many cases, your ability to recover compensation depends on your state’s laws and how fault is assigned between everyone involved.

An experienced attorney at Morgan & Morgan can review what happened, explain how fault may affect your claim, and help you understand your legal options.

If a negligent security incident occurs on a property and the property owner is uninsured, it can make the process of seeking compensation more difficult for victims. However, victims may still have options for pursuing legal action and recovering damages. Here are some potential outcomes when a property owner does not have insurance:

Personal Liability of the Property Owner

• What it means: Even without insurance, a property owner may still be personally responsible for damages caused by negligent security. If the property owner is found liable because they failed to provide adequate security measures, they may have to pay damages out of their own pocket.
• What could happen: If the property owner does not have insurance, the court may order them to pay for medical bills, lost income, pain and suffering, and other damages. However, if the property owner does not have substantial personal assets, they may struggle to pay the full amount. This could result in a lengthy collection process or, in some cases, bankruptcy.

Pursuing a Lawsuit Against Other Liable Parties

• What it means: If the property owner is uninsured, victims can explore other potential defendants who might share liability for the incident. For example, security companies, event organizers, or other parties responsible for maintaining security might be held accountable if they failed to meet their obligations.
• What could happen: In cases where multiple parties are responsible for the negligence, a victim can pursue claims against the property owner as well as any third-party security companies or contractors hired to monitor the property. Even if the property owner is uninsured, other parties may have insurance or assets to compensate the victim.

Utilizing Victim Compensation Funds

• What it means: Some states or local jurisdictions may have victim compensation funds or programs available to assist victims of violent crimes or negligent security incidents. These programs can help cover medical expenses, lost wages, and other costs for victims of crimes when the at-fault party is uninsured or unable to pay.
• What could happen: If the property owner is uninsured, a victim may be able to apply for compensation through state victim assistance programs, which provide funds to help cover certain expenses, especially in cases of violent crimes like assault or robbery. These funds, however, are usually limited and may not fully cover all damages.

Filing a Claim Through Your Own Insurance

• What it means: In some cases, the victim may be able to file a claim through their own insurance provider to help cover certain expenses, such as medical bills or property damage. This is more likely if the victim has certain types of insurance, such as renters' insurance, homeowners' insurance, or personal injury protection (PIP) coverage.
• What could happen: If the victim is insured, they might be able to seek compensation for damages from their own policy, depending on the nature of the crime and the coverage available. For example, if a car is stolen from an unsecure parking lot, the victim’s car insurance policy might cover the theft, even if the property owner is uninsured.

Seeking Punitive Damages

• What it means: In some cases, victims of negligent security may be entitled to punitive damages, which are awarded as a punishment for gross negligence or willful misconduct. While this does not guarantee compensation, it could still result in the property owner being held financially accountable.
• What could happen: If the property owner’s negligence was especially serious, such as ignoring repeated security complaints or failing to take reasonable steps to prevent harm, the court may award punitive damages in addition to compensatory damages. However, even if punitive damages are awarded, there is no guarantee the property owner will be able to pay if they do not have insurance or sufficient assets.

Challenges of Recovery

• What it means: Without insurance, recovering damages can be more difficult and may take longer. If the property owner does not have assets or the financial ability to cover the victim’s losses, it may be hard for the victim to recover the full amount owed.
• What could happen: The victim may need to take additional legal steps to collect the judgment, such as garnishing wages, placing liens on property, or pursuing other available legal options. If the property owner is insolvent or has filed for bankruptcy, recovering the full judgment may be difficult or even impossible.

Exploring Alternative Dispute Resolution (ADR)

• What it means: In the absence of insurance, the property owner and the victim may seek a resolution through alternative means, such as mediation or arbitration. These methods could potentially help both parties reach a settlement outside of court.
• What could happen: If litigation is not practical because the property owner lacks insurance or assets, alternative dispute resolution may provide a faster and less costly path to resolving the claim. A mediator or arbitrator can help both sides work toward an agreement, although any compensation may still depend on the property owner’s financial situation.

State Laws and Court Judgments

• What it means: In some states, courts may have specific procedures for cases involving uninsured defendants. In certain situations, a victim may be able to use legal tools to pursue compensation, such as enforcing a judgment through the sale of property or garnishing the property owner’s income.
• What could happen: If the court rules in the victim’s favor, the victim may be able to obtain a judgment against the property owner. However, if the owner does not have the financial ability to pay, collection may involve garnishments, liens, or other enforcement steps, which can be a lengthy and complicated process.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our negligent security lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire America’s Largest Injury Law Firm, with an army of 1,000 lawyers.

Your case will be handled by a dedicated team of professionals, including personal injury attorneys, paralegals, and support staff. You will have a care team that includes a primary attorney responsible for overseeing your case and making sure you receive personalized attention throughout the process.

After your initial consultation, your care team will schedule meetings as needed to discuss your case, provide updates, and help prepare you for any upcoming proceedings. We are committed to clear communication and keeping you informed throughout the process.

These meetings may take place in person, virtually, or by phone, depending on the needs of your case and what works best for you.

Morgan & Morgan’s negligent security lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

At Morgan & Morgan, our team of experienced negligent security attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We work on a contingency fee basis, which means you do not pay unless we win your case. At Morgan & Morgan, we believe justice should be accessible to everyone. That is why our motto is the Fee Is Free™—you only pay if we win.

We are committed to helping hold negligent property owners accountable for the harm they have caused. You should not have to carry the burden of your injuries alone when someone else’s negligence contributed to what happened. Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.