New Release by Attorney Don Fountain: Advocating for Consumer Safety.

NO RECOVERY NO FEES

New Release by Attorney Don Fountain: Advocating for Consumer Safety.

Purchase Now
Mon 14th Apr | 2025

What It Takes to Investigate Security Failures After an Attack in Florida

Accidents Negligence Cases BY

When a violent crime occurs on private property, victims often face more than just the trauma of the attack—they’re left wondering whether it could have been prevented. In many cases, the answer lies in negligent security: the failure of a property owner to provide reasonable safety measures. At Clark, Fountain, Littky-Rubin & Whitman, our legal team investigates these failures with one goal—to hold property owners accountable for preventable harm.

This whitepaper outlines how a negligent security lawyer builds a civil case after an attack. From gathering initial evidence to working with experts and uncovering systemic problems, we break down what it takes to prove that security lapses directly led to the incident.

Gathering Crucial Evidence: Police Reports, Incident Logs, and Witness Accounts

Every negligent security investigation begins with a deep dive into the facts surrounding the event. This includes:

  • Police reports, which provide initial findings, crime classification, and location details.
  • 911 transcripts, revealing real-time context, timing, and emergency response.
  • Internal incident logs, if the property had private security or management systems tracking complaints.
  • Eyewitness testimony, which may highlight conditions such as broken gates, poor lighting, or unmonitored entrances.

This early evidence forms the foundation for the civil case. It helps determine not only what happened, but whether the crime was foreseeable—a key component of any negligent security claim under Florida law.

The Role of Security Experts in Understanding Industry Standards

In nearly every negligent security lawsuit, expert witnesses are essential. We retain experienced security professionals to evaluate the property’s conditions and compare them to established safety standards. These experts:

  • Review the physical layout and visibility of the property.
  • Assess the presence and function of lighting, surveillance cameras, and access control.
  • Analyze whether the number and training level of security personnel were appropriate.

Security experts provide testimony that explains how the property owner failed to meet industry standards, and whether proper precautions could have deterred or prevented the criminal act. Their input turns complex assessments into clear, actionable conclusions.

Demonstrating How Inadequate Security Led to the Crime

To build a successful case, a negligent security attorney must draw a direct connection between the property owner’s failure and the incident itself. This means proving:

  • That a criminal act occurred on the premises.
  • That the risk of such an act was foreseeable based on prior events or location.
  • That reasonable security measures were either not in place or not functioning properly.
  • That the absence of those measures allowed the attack to happen.

This link must be supported by both objective evidence and expert interpretation. For example, if a gate had been broken for weeks and was never repaired, and the attacker entered through that point, the connection becomes clear.

Prior Incidents and Management Awareness

One of the most telling indicators in negligent security cases is the history of the property itself. Our investigation includes:

  • Reviewing prior crime data for the location and surrounding area.
  • Checking for past complaints by tenants or patrons about unsafe conditions.
  • Examining whether management received specific warnings or police notifications about risks.

If a property owner had prior notice of danger and failed to act, it strengthens the argument that they knowingly ignored a foreseeable threat. This type of evidence often shifts a case from one of simple negligence to one involving a pattern of indifference.

Understaffing and Negligent Hiring Practices

Beyond physical security features, the human element is often the weak link. Many negligent security claims involve:

  • Understaffed security teams, such as having one guard responsible for an entire apartment complex or shopping center.
  • Poor hiring practices, including failure to conduct background checks or verify training.
  • Untrained or unqualified personnel, who are unequipped to respond to violent situations.

These failures often stem from cost-cutting decisions made at the corporate level. By uncovering internal records, employee files, and management decisions, we can prove that the security lapse was not accidental—it was avoidable.

Holding Property Owners Accountable Through Careful Investigation

Negligent security cases are complex, but the process of proving liability is grounded in facts. At Clark, Fountain, Littky-Rubin & Whitman, we conduct exhaustive investigations to build strong civil cases for victims of preventable crime. Our process includes:

  • Collecting and preserving police and witness reports.
  • Retaining security experts to evaluate property conditions.
  • Proving that inadequate security measures directly contributed to the crime.
  • Demonstrating that owners or managers ignored prior warnings or complaints.
  • Exposing patterns of understaffing, negligent hiring, and lack of oversight.

When a property owner’s failure to act leads to assault, robbery, or other violent crime, victims have the right to pursue justice through a civil negligent security lawsuit. Our firm is committed to that fight—every step of the way.

If you or someone you care about was attacked due to a lack of adequate security, contact our team of Florida negligent security lawyers. We’re here to investigate, advise, and hold negligent parties accountable.