Can You Sue a Business for Negligent Security if You are Sexually Assaulted in Florida?
Were you or your loved one sexually assaulted while at a business in Florida? If so, you may have a civil claim against the company under premises liability law. In Florida, a business can be sued for sexual assault for negligent security. Here, our West Palm Beach civil sexual assault lawyer provides a guide to negligent security cases for victims and families.
What is Negligent Security?
In Florida, state premises liability laws require businesses and property owners to ensure that customers/guests are protected from safety hazards. Negligent security is a type of premises liability claim. It arises when a property owner fails to take reasonable steps to protect visitors from foreseeable criminal acts. These cases often involve inadequate lighting, broken locks, lack of security personnel, or failure to respond to prior incidents.
A Business in Florida Can Be Sued for Sexual Assault for Negligent Security
In Florida, a business can be sued in civil court for sexual assault under a negligent security claim. Under Florida’s premises liability laws, property and business owners have a legal duty to provide reasonable security measures to protect lawful visitors from foreseeable criminal acts, including sexual assault. If a business fails to implement adequate security and that failure contributes to a sexual assault, the business may be held liable for negligence.
What Victims Must Prove to Bring a Successful Civil Claim
Proving that you were sexually assaulted on the property of a business in Florida is not sufficient to hold them liable for the assault on the grounds of negligent security. You should be prepared to prove the following four key points:
- You Were Owed a Duty of Care By the Business: Under Florida premises liability law, businesses owe a legal duty to keep their premises reasonably safe for lawful visitors, including customers and other guests. Notably, the duty extends to taking precautions against foreseeable criminal acts—particularly in areas with a known history of crime.
- The Business Breached its Duty by Failing to Provide Adequate Security: A breach occurs when a business fails to take reasonable steps to prevent foreseeable harm. This may include failing to install surveillance cameras, hiring unqualified or insufficient security personnel, leaving doors or gates unsecured, or ignoring prior incidents of crime. The adequacy of security measures is judged by what a reasonably prudent business or property owner would have done under similar circumstances.
- The Breach Directly Caused or Contributed to the Sexual Assault: There must be a causal connection between the business’s failure to provide adequate security and the assault that occurred. The plaintiff must show that the assault was reasonably foreseeable and that it likely would not have occurred—or would have been less likely to occur—if the Florida business had taken proper security measures.
Contact Our West Palm Beach Civil Sexual Assault Attorney for Help
At Pike & Lustig, LLP, our Miami civil sexual assault lawyer puts victims and families first. If you have any questions about a civil sexual assault claim on the grounds of negligent security, we are here to help. Contact us today for a free, fully private case evaluation. With offices in Miami and West Palm Beach, our firm fights for justice for victims throughout South Florida.
