Defending Against Negligent Security Lawsuits In Fort Myers

In the beginning of 2025, the Fort Myers community was rocked by a shooting at a popular restaurant. The shooting was notable because the aggressor killed his own brother. However, the fact that a shooting had occurred at a restaurant was hardly surprising for local residents. Violence is fairly routine in not only restaurants, but also gas stations, hotels, bars, clubs, and malls across Fort Myers. All of these incidents can lead to “negligent security” lawsuits. How do you defend against these claims as an insurer? Could a Fort Myers insurance defense lawyer help?

The Basics of a Negligent Security Claim 

A negligent security claim is a type of premises liability lawsuit. Like all premises liability claims, the concept of negligent security relies on a business owner’s “duty of care” to keep visitors safe. If someone ventures onto your property, you must take reasonable steps to protect them from harm.

Most businesses assume that this “harm” only involves things like slippery floors, fires, toxins, or even hot coffee. These are all things a business owner can control. However, no business owner can control whether one of their visitors will become violent and start harming other customers.

The best way to avoid these claims is by having a solid security plan in place. This might involve one or more security guards, surveillance cameras, proper staff training, and a reliable way to call 911 at the first sign of serious trouble. Different types of businesses might require different security plans based on their unique circumstances. Some elements of security plans might be required by law.

Argue that You Had No Way of Foreseeing the Violence 

Negligent security claims may only succeed if the business in question experienced similar violence in the past. For example, a female customer might have been assaulted in the parking lot two years prior. If the business does nothing to improve security in those two years, it may become liable for similar incidents that occur in the future.

However, it may be difficult to hold a business accountable if there were no violent incidents in the past. In this situation, a business owner and their insurer might understandably argue that they had no reasonable way of foreseeing this situation. You can’t plan for something that occurs randomly and without any warning.

Note that some types of businesses might be inherently attractive to violent individuals. Examples include strip clubs, casinos, bars, and any establishment open late. If the business exists in a dangerous neighborhood, this logic might also apply. These kinds of businesses might not get a second chance to create an effective security plan. In these businesses, violent incidents could lead to a valid claim, even if no similar incidents have occurred in the past.

Can a Fort Myers Insurance Defense Lawyer Help With Negligent Security Claims? 

An experienced insurance defense lawyer in Fort Myers may be able to help your organization with a negligent security claim. As violent incidents increase across Florida, businesses and insurers will undoubtedly face more of these claims. If your business has experienced a violent incident in the past, you are more likely to face these lawsuits. Contact HD Law Partners today to get started on a defense strategy.

Sources: 

gulfcoastnewsnow.com/article/brother-killed-restaurant-florida-fort-myers/63323778

local10.com/news/local/2024/09/23/death-investigation-underway-at-mexican-restaurant-in-fort-lauderdale/