Negligent Security Claims in Coral Springs, FL

When a property owner profits from your presence — as a tenant, shopper, hotel guest, or parking garage user — they take on a legal responsibility to keep you reasonably safe. That responsibility extends to foreseeable criminal threats. When an attack, robbery, or assault occurs because a property failed to provide adequate security, the victim may have a negligent security claim against the owner.

At HLM Injury Lawyers, Eric A. Hernandez represents victims of violent crimes and assaults that happen on negligently maintained properties throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and greater Broward County.

What Is a Negligent Security Claim?

Negligent security is a form of premises liability. It holds property owners and managers responsible when their failure to provide reasonable security measures creates conditions that allow a foreseeable criminal attack to occur.

The key word is foreseeable. A property owner is not automatically liable every time a crime occurs on their premises. The law asks whether a reasonable property owner — given the history of crime in that location, prior incidents on or near the property, and other warning signs — should have anticipated the risk and taken steps to address it.

When the owner knew or should have known that criminal activity was a real possibility, and they failed to act, they can be held accountable for the resulting harm.

Where Negligent Security Claims Arise

Negligent security claims can arise in a wide range of commercial and residential properties, including:

• Apartment complexes: Broken entry gates, non-functional security cameras, unlit parking areas, and inadequate locks on common area doors all create vulnerability.
• Parking garages and surface lots: These are among the most common sites of assault and robbery. Poor lighting, no security patrols, and malfunctioning cameras contribute to attacks.
• Retail centers and shopping malls: High foot traffic combined with inadequate security staffing or lighting creates opportunities for crime.
• Hotels and motels: Guests have a reasonable expectation of safety. Broken room locks, unmonitored entrances, and absent security staff expose guests to risk.
• Nightclubs and bars: Overcrowding, inadequate staff training, and failure to screen for weapons can lead to violent altercations.
• Hospitals and healthcare facilities: Patients and visitors in medical settings are often vulnerable. Inadequate access controls can allow dangerous individuals onto the premises.

What Constitutes Inadequate Security?

Inadequate security can take many forms. Courts look at whether the owner took steps that a reasonable property manager would take given the circumstances. Common failures include:

• Non-functional or absent security cameras: Cameras that are broken, unpowered, or positioned only for show.
• Inadequate lighting: Dark stairwells, unlit parking lots, and poorly lit entryways are well-documented contributing factors in criminal attacks.
• Broken gates, locks, or access controls: Entrance points that should require a key card or code but are left unsecured or malfunctioning.
• No security personnel: Properties with a documented crime history that make no effort to employ security guards or a patrol service.
• Failure to respond to prior incidents: Perhaps most damning: evidence that prior crimes occurred on the property and management took no meaningful action.

Foreseeability: The Central Question

Foreseeability is the hinge on which most negligent security cases turn. Florida courts look at factors such as:

The crime history of the specific property

Crime rates in the surrounding neighborhood

Whether prior incidents were reported to management

Whether security measures were promised to tenants or guests and not provided

Prior similar incidents on or near the property are powerful evidence. A landlord who has received multiple police reports about robberies in their parking lot — but installed no additional lighting, cameras, or fencing — has a difficult position to defend.

Eric Hernandez’s Background Is Relevant

Attorney Eric A. Hernandez served as an Assistant U.S. Attorney for the Southern District of Florida, where he investigated and prosecuted serious federal crimes. That background gives him an investigative lens for these cases.

In negligent security cases, the outcome often depends on gathering and analyzing evidence the way a prosecutor would: subpoenaing crime data, obtaining incident reports, interviewing witnesses, and working with security industry experts to establish what the property owner knew and when. Eric brings that disciplined, evidence-driven approach to every negligent security case he handles.

He has more than 25 years of trial experience and clerked for Chief Justice Charles T. Wells of the Florida Supreme Court. He is bilingual in English and Spanish.

What Damages Are Available?

Victims of criminal attacks on negligently secured properties may be entitled to recover:

• Medical expenses: Emergency care, surgery, rehabilitation, and ongoing treatment

Lost wages and lost earning capacity

Pain and suffering

• Emotional distress and psychological trauma: often severe in violent crime cases
• Future care costs: for permanent injuries

The Statute of Limitations

In Florida, the statute of limitations for negligence claims — including negligent security — is two years from the date of the incident, under HB 837 (the 2023 tort reform law that reduced the prior four-year period). Do not delay in seeking legal advice. Critical evidence such as surveillance footage is often overwritten within days.

What to Do After an Attack on a Negligently Secured Property

If you or a family member was the victim of a crime on someone else’s property, the steps you take after the incident can affect your ability to recover compensation:

• Report the crime to law enforcement immediately.: A police report is foundational evidence. Do not skip this step.
• Seek medical care promptly.: Injuries from violent attacks — including those not immediately apparent, such as head trauma — must be documented contemporaneously.
• Document the scene.: Photograph broken gates, burned-out lights, broken cameras, or any other security deficiency that you can observe. Do this before the property owner has an opportunity to make repairs.
• Preserve any communications.: If you or another tenant previously reported security concerns to the property owner or management company, preserve those emails, text messages, or written notices. They are evidence of actual knowledge.
• Do not give a recorded statement to the property owner’s insurer.: Insurers often reach out quickly to gather statements they can use to limit liability. Speak with an attorney first.

Speak With a Negligent Security Attorney in Coral Springs

If you or a family member was attacked, assaulted, or robbed on a property that failed to provide adequate security, you deserve answers — and accountability.

Call HLM Injury Lawyers at (305) 842-2100 for a free, confidential consultation. We handle cases on a contingency basis: no fee unless we recover compensation for you.

Contact HLM Injury Lawyers — Free Consultation

3301 N. University Dr., Suite 100 Coral Springs, FL 33065 (305) 842-2100