Negligent Security Attorney in St. Augustine

Three Decades Serving St. Augustine. Over 250 Jury Trials. Ready to Fight for You.

When a property owner’s failure to provide reasonable security leads to a violent crime, the victim has legal options. Negligent security is a premises liability claim that holds property owners and businesses accountable for foreseeable criminal acts they could have prevented with reasonable precautions. Canan Law has served St. Augustine and St. Johns County for more than three decades, and our attorneys are prepared to evaluate what happened and pursue claims against the responsible parties on your behalf.

What Florida Law Requires from Property Owners

Property owners in Florida owe a duty of care to those lawfully on their premises, including a reasonable obligation to prevent foreseeable criminal acts. The level of duty depends on the visitor’s legal status: invitees (customers, tenants, guests) and licensees are owed a higher standard of care than trespassers.

Foreseeability sits at the core of any negligent security claim. A property owner can be held liable when they knew, or reasonably should have known, that criminal activity was a risk at their location and failed to take adequate steps to address it. Prior incidents on or near the property, crime statistics for the surrounding area, and known access vulnerabilities all bear on this question. Common security failures that support these claims include:

• Inadequate lighting in parking areas, stairwells, and common spaces
• Broken locks or gates that go unrepaired, allowing unauthorized access
• Absent or malfunctioning security cameras that eliminate deterrence and documentation
• Insufficient security staffing for the property’s size, hours, or risk level

Where Negligent Security Claims Arise in St. Johns County

These cases can occur at any property where visitors are present and security measures fall short. Apartment complexes, hotels and motels, bars and nightclubs, retail stores, and parking lots or garages are among the most common locations. Businesses that operate late at night or in areas with a documented history of crime are generally expected to provide a higher level of security than lower-risk operations.

Florida’s 2023 Tort Reform & How It Affects These Claims

Florida House Bill 837, effective March 24, 2023, changed how negligent security claims proceed in several meaningful ways. Anyone evaluating a potential claim needs to understand these changes.

Presumption Against Liability for Multifamily Properties

Owners and operators of multifamily residential properties with five or more units now benefit from a presumption against liability if they have substantially implemented specified security measures. These include security cameras with at least 30 days of footage retention, adequate common-area lighting, one-inch deadbolts, window locking devices, and a documented Crime Prevention Through Environmental Design assessment.

Fault Apportionment, Comparative Negligence, & Filing Deadlines

The 2023 law also allows juries to apportion a share of fault to the third-party criminal actor rather than assigning full responsibility to the property owner. Under Florida’s modified comparative negligence standard, a claimant found more than 50 percent at fault for their own injury can’t recover damages at all. These changes make building a well-documented, thoroughly prepared claim more important than ever.

The filing deadline matters too. For incidents on or after March 24, 2023, Florida’s statute of limitations for negligence claims, including negligent security cases, is generally two years under Florida Statute 95.11. Claims arising before that date generally carry a four-year deadline. Civil claims in St. Johns County involving damages over $30,000 are filed in Circuit Court within Florida’s Seventh Judicial Circuit, located at the Richard O. Watson Judicial Center in St. Augustine.

Damages in a Negligent Security Case

Compensation in a negligent security claim can include medical expenses, lost income, and pain and suffering. Violent attacks frequently cause lasting psychological trauma as well, which may be included as part of a damages claim. In cases where someone was killed due to inadequate property security, surviving family members may pursue wrongful death damages. What any particular case may recover depends on the specific facts and circumstances involved.

Trial-Ready Representation for Contested Claims

Negligent security cases are frequently contested. Property owners and their insurers push back hard on foreseeability, and the 2023 tort reform gives defendants additional tools to reduce or eliminate their liability. Trial readiness isn’t a fallback position for us. It’s how we build every case from the start.

Our attorneys have collectively handled more than 250 jury trials across a wide range of civil matters. We take a team-based approach to case strategy, with attorneys working together to stress-test arguments before they reach a courtroom. Founding attorney Patrick Canan is admitted to practice in all Florida state courts, and we’re as comfortable in front of a St. Johns County jury as we are at the negotiating table.

Talk to Our Negligent Security Lawyer in St. Augustine

If you were injured, or lost a family member, because a property owner failed to provide adequate security, you may have a limited window to act. A free consultation costs nothing and can give you a clear picture of where your case stands. We handle personal injury matters on a contingency fee basis, meaning you pay no legal fees unless we recover on your behalf.