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Can I Sue a Retail Store for Negligent Security?


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    How to Sue a Store for Injury?

    What is negligent security? If you have been injured as a result of a criminal act–an assault, robbery, etc.–that occurred in a retail store, you may be able to bring a negligent security lawsuit based on premises liability. To have a valid negligent security claim, you must prove several factors:

    • Someone on the premises of the retail store injured you; and
    • This injury occurred due to a lack of security.

    Examples of Negligent Security

    Examples of poor security in a retail store may be:

    • Poor lighting in the store or in hotel;
    • Poor lighting in the parking lot;
    • Poor lighting in a stairwell or on the stairs;
    • Lack of cameras; or,
    • No security guards or poorly trained security guards.

    Florida’s Premises Liability Law 

    Florida’s premises liability laws require property owners to do the following:

    • Maintain a safe environment for their shoppers;
    • Use appropriate signage if there are dangers they cannot easily see;
    • Repair or eliminate the dangers; and,
    • Consistently look for and eliminate dangerous conditions.

    Maintaining a safe environment for shoppers may require store owners to hire security personnel or take other actions.

    Can You Sue a Security Guard?

    Store owners should be aware that they are required by law to ensure that their customers (known as invitees) can shop in a safe environment when they are inside the store or in the parking lot. Many store owners install security cameras and silent alarms or hire security personnel to help protect invitees and licensees (someone on the property that is not there for business reasons) on the premises.

    If the store failed to take adequate security measures to ensure the safety of those in and around the store, they may be liable for any injuries that occur.

    The Injury Must Be Foreseeable

    To prevail in a suit against a store owner for negligent security, you must prove that the assault that occurred was caused by the owner’s negligence in not having the appropriate security in the store. For example, the retail store is in an area where the crime level is high. There have been several robberies and assaults in the immediate vicinity in recent months. The store owner failed to take adequate security measures and a customer was attacked leaving the store.

    In this situation, the injury was foreseeable and the store owner might be liable for any injuries that occurred.

    If there was no known history of assaults on or around the premises liability, it could be difficult to hold the store liable.

    Our Team Can Help You Sue a Retail Store for Your Injuries

    If you have been victimized in a Florida retail store due to a robbery, assault, battery, or rape, contact personal injury law firm Florida the Law Offices of Wolf & Pravato at (954) 633-8270 for a free case consultation. We will fight to protect your rights and get you the justice you deserve.

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