Sexual assault is a deeply traumatic experience that can affect every aspect of a person’s life. While the individual who committed the assault is responsible for the crime, there are circumstances in which a property owner or business may also bear civil responsibility if inadequate security contributed to what happened.
A civil negligent security claim is separate from the criminal justice process. Its purpose is not to prosecute the offender but to determine whether a property owner failed to take reasonable steps to help protect people from foreseeable criminal acts.
If you or someone you love experienced a sexual assault on another person’s property, understanding how these claims work may help you make informed decisions about your legal options.
What is a negligent security claim?
Negligent security is a type of premises liability claim. It focuses on whether a property owner failed to maintain reasonably safe conditions when criminal activity was reasonably foreseeable.
In these cases, the lawsuit is not based on the assault itself. Instead, it examines whether inadequate security measures may have allowed the assault to occur or increased the risk that it would occur.
These claims commonly involve locations such as:
- Apartment complexes
- Hotels and motels
- Shopping centers
- Parking garages
- Nightclubs and bars
- Office buildings
- College campuses
- Event venues
Every property is different, and the level of security that may be considered reasonable depends on the circumstances.
When can a property owner be held responsible?
A property owner is not automatically liable simply because a crime occurred on the premises. Instead, Florida law generally looks at whether the assault was reasonably foreseeable and whether the owner took appropriate steps to address known or reasonably anticipated risks.
Depending on the circumstances, factors that may be considered include:
- Previous violent crimes or similar incidents on or near the property
- The type of business being operated
- The property’s history of criminal activity
- Whether security policies were followed
- Whether locks, gates, lighting, or surveillance equipment were properly maintained
- Whether additional security personnel were appropriate
Because every situation is unique, these cases often require a detailed investigation into what the property owner knew — or reasonably should have known — before the assault occurred.
What types of security failures may contribute to liability?
Reasonable security measures vary depending on the property and surrounding circumstances.
Examples of conditions that may contribute to a negligent security claim include:
- Broken or unsecured entry doors
- Poor lighting in parking lots or common areas
- Malfunctioning access control systems
- Inoperable surveillance cameras
- Insufficient security personnel
- Failure to repair known security hazards
- Ignoring patterns of prior criminal activity
The issue is not whether every crime can be prevented. Rather, the question is whether reasonable precautions were taken in light of known risks.
What does a negligent security claim require?
Like other negligence cases, a negligent security claim requires evidence showing that a property owner’s actions — or failure to act — contributed to the harm.
Generally, a claim must establish that:
- The property owner owed a legal duty to maintain reasonably safe premises.
- Reasonable security measures were not provided.
- That failure contributed to the assault.
- The assault resulted in legally recognized damages.
These cases often involve extensive factual investigation, making early preservation of evidence especially important.
What evidence may be important?
Evidence in negligent security cases often extends well beyond police reports.
Depending on the circumstances, important evidence may include:
- Incident reports
- Surveillance video
- Maintenance records
- Security logs
- Prior police calls involving the property
- Witness statements
- Photographs of the property
- Expert opinions regarding reasonable security practices
Many businesses automatically overwrite surveillance footage after a relatively short period. Preserving that evidence early can sometimes make a significant difference.
Does a criminal case have to be finished first?
No. A civil negligent security claim is separate from any criminal prosecution involving the person accused of committing the assault.
A civil claim may move forward regardless of whether:
- Criminal charges have been filed
- The criminal case is ongoing
- A conviction has occurred
Because the criminal and civil systems serve different purposes, one proceeding does not necessarily determine the outcome of the other.
Can a property owner or insurance company argue that you were partly at fault?
In some cases, yes. Property owners and their insurance companies may dispute liability by arguing that the assault was not foreseeable or that reasonable security measures were already in place.
Depending on the facts, they may also attempt to argue that a person’s own actions contributed to what happened.
Because Florida follows a modified comparative negligence system, questions about fault can affect whether compensation is available and how damages are calculated. Understanding how comparative negligence affects personal injury claims in Florida can help explain why insurance companies often examine every detail surrounding an incident.
What can a civil claim accomplish?
No civil lawsuit can undo the trauma of a sexual assault. However, when a property owner’s negligence contributed to what happened, a civil claim may provide an opportunity to:
- Hold the property owner accountable.
- Encourage safer security practices.
- Recover compensation for medical care.
- Obtain compensation for counseling or mental health treatment.
- Replace lost income or diminished earning capacity.
- Recover other damages recognized under Florida law.
Every case is different, and the damages available depend on the specific facts and evidence involved.
What should you do after a sexual assault on someone else’s property?
Everyone responds differently after experiencing a traumatic event, and there is no single “right” way to move forward.
If you are able, consider the following steps:
- Get to a safe location.
- Seek emergency medical care as soon as possible.
- Report the assault to law enforcement if you choose to do so.
- Reach out to someone you trust for support.
- Preserve clothing, photographs, messages, or other evidence if possible.
- Keep records of medical treatment and related expenses.
If a property owner’s insurance company contacts you, remember that their questions are part of evaluating a potential claim. Before providing detailed statements or signing documents, it may be helpful to understand how insurance companies may try to reduce the value of an injury claim and what your rights are during the claims process.
How long does a negligent security claim take?
Every case follows its own timeline. Factors that may affect how long a negligent security claim takes include:
- The severity of injuries
- Whether liability is disputed
- The amount of available evidence
- The number of parties involved
- Whether the case settles or proceeds to litigation
Learning what typically affects the timeline of a Florida personal injury case can help you better understand what to expect as your claim progresses.
When should you consider speaking with a lawyer?
Deciding whether to pursue a civil claim after a sexual assault is an intensely personal decision.
Some people seek legal guidance immediately, while others need time before deciding what they want to do. There is no universally correct timeline.
You may wish to speak with a personal injury attorney if:
- The assault occurred on commercial or residential property.
- You believe inadequate security contributed to what happened.
- Important evidence may need to be preserved.
- A property owner or insurance company has contacted you.
- You have questions about whether a negligent security claim may be available.
A conversation with an attorney does not obligate you to pursue a lawsuit. It can simply provide information about your rights and available options.
Talk with Collins Law Firm, P.A., in a confidential consultation
If you or someone you love experienced a sexual assault and believe inadequate security may have contributed to what happened, Collins Law Firm, P.A., is here to listen with compassion, respect, and discretion.
We offer free, confidential consultations where you can ask questions, learn how Florida law may apply to your situation, and better understand your legal options. Whether you decide to move forward with a claim is entirely your choice. Our role is to provide clear information so you can make the decision that feels right for you.
Call 352-751-5674 anytime or request a free consultation online to speak with our legal team.