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What Exactly Is Negligent Security?

For many people in Florida, it’s not unusual to see security staff or security devices at the places they may work, shop or even live in. People that live in certain gated communities or condo complexes, for example, may have a security guard stationed at a gate or desk, admitting residents and signing in visitors. People that go to shopping malls may see security guards walking the area or working in a central room with banks of monitors showing surveillance footage of different areas.

In theory, the presence of security personnel and devices is supposed to make an environment safer. Security cameras, for example, deter criminal activity, since they are very good evidence for investigation and in court for prosecution. But when security fails, what happens to you?

Negligence Is Always Avoidable

Negligent security is when a business that deploys security measures finds an addressable fault or problem with that security, and, despite being aware of the risks, ignores the problem. If ignoring that problem or risk results in an injury, especially ones related to a crime that the security is designed to prevent, then it falls on the managers of the property to take both legal and financial responsibility for what’s happened to the accident victim.
There are two general kinds of negligent security that people can fall victim to:

Negligent Staff

The first is human error or negligence. Security personnel has many duties that fall under the responsibility of ensuring safety for residents or visitors. For example, a security guard at a residence that allows visitors to come in without signing in, which may normally be a requirement, is being negligent if an intruder is admitted who commits a crime.

In the same way, security personnel is supposed to patrol areas, monitor surveillance footage and, if they witness a security breach, protect the victims. If security personnel doesn’t look at cameras, decide not to go out on patrol, or, worse yet, witness a theft, assault or some other crime, and turn around, pretending they never saw anything, these are all acts of negligence that they can be held accountable for.

Negligent Security Mechanisms

Devices can also be responsible for maintaining security. These come in many different forms, whether it is motion detectors, alarms designed to sound if a door or window has an unauthorized entry or surveillance cameras that should be monitoring an area.

If these security devices fail, this is also negligence if the managers of the property knowingly decide to allow the problem to persist. So, for example, if a lock in a hotel is broken, and a guest is robbed, assaulted, or even killed as a result of an intruder testing the doors and finding the unlocked one to go in and commit the crime, that is a clear case of negligence.

Get Justice & Compensation

If you or someone that you know has been victimized by crime when security measures should have prevented this from happening, you don’t have to accept this situation. Talk to a negligent security attorney about what’s happened to you, and if there’s evidence and enough weight behind your situation, you’ll get your day and your compensation in court.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

What Exactly Is Negligent Security?

Goldman Babboni Fernandez
Murphy & Walsh

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