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Negligent Security

Panter, Panter & Sampedro is a leading personal injury law firm dedicated to protecting Florida’s families. For over 30 years, our experienced trial attorneys have worked one-on-one with clients to successfully get the justice, recovery and compensation they deserve.

    Negligent Security Lawyer

    When you visit the mall, movie theater, nightclub or any other public establishment, you trust that the property owner has done their due diligence to keep the premises safe. Business owners have an obligation to ensure their commercial property is safe for the public to visit.

    But what is considered enough security? That depends on a number of factors such as the property’s location, use and amount of crime in the area.

    Premises Liability Law

    Negligent security law falls under the general category of premises liability. This describes a situation where a violent, criminal attack, such as an assault, shooting, rape or roberry, occurs on someone elses property. The law dictates a duty on commercial structures to uphold their property in a reasonably safe condition.

    A property owner’s negligence could enable a violent act to occur in a public space. Premises liability lawsuits regarding negligent security rely on a variety of factors like if a business could have foreseen the crimes and if taking reasonable action would or could have prevented the incident.

    Reasonably Safe Duty of Care

    While members of the community are still responsible for knowing what goes on around them, businesses are also responsible for knowing what is happening in their community. Property owners are liable if you get hurt on their property. Personal injuries from negligent security incidents could cause you to have extensive medical bills, loss of income, the loss of a loved one, permanent injuries and/or the loss of the ability to earn money.

    Examples of Negligent Security

    Unfortunately there are a variety of situations in which property owners can be held liable for failing to provide adequate security on the premises. Some examples of negligent security include:

    • Shootings in a club venue or in the parking lot
    • Stabbings on subways, trains or other methods of transportation
    • Attacks in parking garages, apartment complexes, workplaces and other public spaces
    • Sexual assaults in condominiums, apartment complexes, hotel rooms and college campuses
    • Injuries sustained at malls, concerts or other business venues
    • Muggings in the parking lot of a shopping center
    • Robberies at an ATM or while pumping gas at a station

    There are many more situations where better security could have kept victims safe or avoided a wrongful death Advertising claims, contractual provisions, city ordinances, state laws or the injured person’s relationship to the property owner may all serve to establish the necessary duty of the property owner to have reasonable precautions in place to protect people on their premises. 

    Consequences of Negligent Security

    According to the law, something is considered foreseeable if its occurrence can or should be reasonably anticipated, or if a person of everyday vigilance would expect it to occur or exist under the circumstances. Most states use some of the following standards to determine whether or not a criminal attack was foreseeable:

    • Imminent harm is determined by evidence that the property owner knew or should have known misconduct was imminent based on previous incidences of violent crimes in the area or on the premises.
    • Prior similar instances are determined by evidence of related crimes during a specific time frame on or near the premises.
    • Totality of the affairs is determined by the location, condition and layout of the property, as well as other relevant factors such as prior criminal activity on or near the premises.

    Even if an establishment has security and good lighting in its main areas, was it good around the entire building and in all areas of the parking lot? Taking note of circumstances like surveillance systems and adequate door locks will help your attorney investigate your case.

    Negligent Security Settlements

    Negligent security lawsuits are not filed against the attacker, but rather the owner or operator of the property that failed in their responsibility to keep their patrons reasonably safe. Holding a third party responsible instead of the perpetrator of the crime makes negligent security claims more complicated.

    A significant factor in determining inadequate security damages is how much effort the property owner or operator put into protecting their property. Security measures that protect property can include:

    • Security cameras
    • Employing security guards
    • Several accessible emergency exits
    • Staff trainings on security preparedness
    • Adequate lighting and signs to lower crime risks


    Negligent Security Lawyer Miami

    Every negligent security scenario is different, and determining if you have a case requires a knowledgeable negligent security attorney. If you have been the victim of a crime due to security negligence, call the law firm of Panter, Panter & Sampedro to discuss how we can get you the justice you deserve with an investigation and lawsuit.

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    Personal Injury

    Frequently Asked Questions

    • Panter, Panter & Sampedro is among the leading personal injury law firms in South Florida. For more than 30 years, our Board Certified trial attorneys have represented individuals injured by negligent parties in cases of significant size and complexity across various practice areas.

      We are a different kind of law firm, with the legal skill and expertise needed to serve our clients, and an unwavering dedication to family values.

      We believe our success, both inside and outside the courtroom, is defined by what we care about — it’s that simple. Panter, Panter & Sampedro is an award-winning personal injury law firm — but more than that — it is a group of people that genuinely cares about protecting the rights of individuals suffering as a result of wrongdoing and negligence.

    • With a track record of success in working closely with each client, our legal team has secured millions of dollars in compensation for thousands of accident victims and their families over the course of three decades. We guide our clients through the entire legal proceedings, from filing the initial complaint to assisting with the proper distribution of funds once compensation is awarded.

      Our vast trial experience includes substantial verdicts and settlements in cases involving motor vehicle accidents, medical malpractice, product liability, slip-and-fall, catastrophic injuries, wrongful death and more.

      Panter, Panter & Sampedro’s proven team of civil trial lawyers are relied upon by the Miami and South Florida community to protect their rights and ensure justice is served by securing the best verdicts and recoveries possible.

      When our firm takes on a personal injury claim, we aggressively represent our clients and fight for the maximum compensation under the law. Rest assured that no matter how difficult the case, we are prepared to serve as your most ardent legal advocates and welcome the opportunity to hold the culpable parties accountable.  

      Panter, Panter & Sampedro proudly serves residents throughout South Florida — including Miami-Dade, Broward, and Palm Beach Counties.

    • No recovery, no fees.

      We believe that everyone, regardless of their financial status, should have access to sound legal counsel as they exercise their right to pursue justice and redress any harm or wrongdoing.

      At Panter, Panter & Sampedro, all our services are offered on a “contingency fee” basis, which means that any payment to the firm completely depends on whether our efforts result in a financial recovery for our client.

      Any lawyer’s fees for representing the client will be deducted from the final personal injury settlement in the client’s case or from the damages awarded after a favorable verdict, in the event that the client’s case goes to trial.

      In general, attorneys can receive up to one-third of the gross amount of a pre-suit settlement or 40% of the gross settlement recovery once a Defendant files an answer to a lawsuit. These rules are regulated by the Florida Bar, and the following summarizes our contingency fee policy:

      • Client enters into an agreement granting legal authority to the firm to represent the client in exchange for attorneys fees paid in the form of a percentage of the total recovery.
      • The firm assumes all up-front financial costs and risk associated with litigating the case. All of these expenses are paid by the firm, and are only repaid if a recovery is won.
      • The client pays no fees whatsoever, hourly or otherwise.
      • The firm’s contingency fee percentage varies based on the type of case, level of complexity, and the foreseeable resources required to litigate it properly.
      • Every case is unique, but the contingency fee percentage is always clearly agreed upon by both parties and documented in writing upon retaining our services.
    • We can. Call 305-662-6178 or submit a request for your FREE CONSULTATION to speak directly with one of our knowledgeable personal injury lawyers. We will review your case at no charge. To learn more about personal injury, please read below.

      Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.

      Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.

      Personal injury cases can involve:

    Personal Injury

    Traffic Accidents

    Medical Malpractice

    Premises Liability

    Product Liability

    Catastrophic Injuries

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