Close Menu
Connect With Us
Free Case Evaluations

Can You Sue a Shopping Mall for Negligent Security?

Schedule A Consultation
Home > Blog > Premises Liability > Can You Sue a Shopping Mall for Negligent Security?
Michael Hersh and Ian Kirtman, Trial Attorneys

LEGALLY REVIEWED BY

Michael Hersh and Ian Kirtman, Trial Attorneys

February 4, 2025

Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.

✓ Fact Checked

✓ Editor

Surveillance camera on shopping mall

Shopping malls are meant to be safe spaces where visitors can shop, dine, and spend time without worrying about their safety. However, when a mall fails to provide adequate security, it can create an environment where theft, assaults, or other criminal activities occur. In such cases, victims may wonder if they can hold the mall accountable for their injuries or losses if they are harmed due to a crime being committed on the premises. Suing a shopping mall for negligent security is possible under certain conditions, especially when it can be proven that the property owner failed to take reasonable measures to protect visitors. Our team of Florida personal injury lawyers can help you understand what negligent security entails, how liability is determined, and what steps you can take if you have been a victim of a crime due to insufficient safety measures.

At Hersh Kirtman Injury Law, we understand the impact negligent security can have on victims of preventable crimes. Our team has extensive experience handling cases where property owners fail to meet their obligations to ensure safety. We work diligently to help clients hold shopping malls and other establishments accountable for negligence, prioritizing your rights and well-being every step of the way.

Are You Eligible to Sue a Shopping Mall for Negligent Security in Florida?

You can sue a shopping mall for negligent security in Florida. However, there are certain requirements that your case must meet in order for your claim to be successful. 

If you suffered harm due to a crime committed on the property because the mall failed to take reasonable steps to protect visitors, meaning they did not provide adequate security measures to prevent foreseeable harm; this act of negligence is considered a form of premises liability under Florida law. In order to prove that you suffered harm due to the negligent security at a Florida shopping mall, your attorney will need to provide evidence of the four elements of negligence. The four elements of negligence include the following:

  • The shopping mall owed you a duty of care
  • The duty of care was breached by the shopping mall
  • The breach of duty led to the negligent security that caused you to suffer harm
  • You suffered losses as a result of these negligent acts

Your experienced Florida attorney will launch a full investigation into the details of your case to collect all key evidence necessary for ensuring you are able to pursue a personal injury claim after you are harmed at a shopping mall as a result of negligent security. These cases are complicated because Florida law generally does not impose a duty on landowners to prevent third party crime. However, if your legal team can prove that the landowner or operator had a reasonable basis to know that future crime may occur, then there is a duty to protect from that foreseeable crime. It is imperative to speak to a knowledgeable attorney if you’ve experienced harm on property that you believe was preventable but for lacking security.

Recovering Compensation After Being Injured Due to Negligent Security

Being injured due to negligent security at a shopping mall can be a traumatic and life-altering experience. Inadequate safety measures can leave individuals vulnerable to harm, and if a property owner’s negligence contributed to your injuries, you may have the right to seek compensation for your losses. 

Recovering damages can help cover and expensive losses you may have suffered resulting from the incident. The damages that you may be eligible to recover following an incident where you suffered injuries due to negligent security at a shopping mall in Florida include:

  • Medical expenses incurred in the past
  • Medical expenses to be incurred in the future
  • Lost wages in the past
  • Lost earning potential in the future
  • Pain and suffering, and other non-economic harm
  • Wrongful death, if a loved one passed away due to the negligent security

If you have been harmed due to a negligent security incident at a shopping mall, a trusted personal injury lawyer can help you pursue a claim and the compensation you may be eligible to recover.

Why Hersh Kirtman Injury Law Is the Right Choice for Negligent Security Cases

If you’ve been injured due to negligent security at a shopping mall, you deserve a law firm that understands the complexities of premises liability claims. At Hersh Kirtman Injury Law, we take pride in our thorough approach to investigating cases and holding property owners accountable for failing to protect visitors. Our extensive experience in handling these cases allows us to advocate effectively for your rights, ensuring you receive the dedicated attention and representation you deserve.

Contact us today at (561) 208-3700 or through our contact form to discuss your case.

Facebook Twitter LinkedIn