On Friday, January 10, 2025, there was a shooting at Coconut Point Mall in Estero, Florida, near the Total Wine store. According to news articles, the incident appeared to stem from an attempted robbery in the parking lot. There were some witnesses nearby, and they reported hearing multiple gunshots.
Several people also witnessed a person running from police before being apprehended. As a result of the shooting, one person was transported to the hospital. Nobody appears to have suffered any life-threatening injuries.
Understanding Mall Security and Property Owner Liability
When violent incidents occur at shopping centers, various parties could be liable for the victim’s injuries. Some of the more common parties that could be held responsible for a third-party criminal attack are:
- Property owners
- Business owners
- Security companies
Under Florida premises liability law, mall owners and operators have a duty to provide reasonable security measures to protect shoppers from foreseeable criminal acts. The issue of whether or not criminal activity was “foreseeable” often boils down to criminal activity in the area leading up to the attack. Basically, the more crime, especially violent crime, that occurs in the area or on the property, the greater the duty of those in charge to implement proper security measures.
In the context of security companies, the liability could result from little or no job performance. In other words, if a security guard doesn’t do their job, the company that hired that person could be held liable. The case of liability is generally stronger if the employee had a history of poor job performance or if the company negligently hired the person.
What Constitutes Indequate Security at Shopping Centers?
Security takes many forms. However, at a mall, some of the more common security measures might include:
- Visible security personnel patrolling parking lots and common areas
- Well-maintained surveillance camera systems covering high-risk areas
- Proper lighting throughout parking areas and walkways
- Emergency response protocols and staff training
- Access control measures where appropriate
These same types of security measures should also be in place in the parking lots or parking garages. If a business lacks basic security, this could be a sign that they're not taking proper steps to protect guests.
The Role of Foreseeability in Negligent Security Cases
Let’s revisit the issue of foreseeability. For a shopping center or a mall to be held liable in a negligent security case, the criminal act must have been reasonably foreseeable. The meaning of “reasonably foreseeable” is a bit vague. However, case law shows us that courts consider several factors:
- Previous criminal attacks or incidents on the property
- Crime rates in the surrounding area
- The property's history of security complaints
- Known security vulnerabilities
- The presence of high-risk businesses like jewelry stores or banks
How Soon Should I Call a Negligent Security Lawyer?
After a violent attack at a shopping center or a mall, quick action is crucial to preserve evidence such as:
- Surveillance footage
- Witness statements
- Security logs and incident reports
- Records of previous criminal activity
- Documentation of existing security measures
Evidence tends to disappear quickly. However, if you can get a lawyer on the case early, your lawyer can send out spoliation letters to minimize the risk that someone will destroy valuable evidence.
Contact a Florida Negligent Security Lawyer Today
If you or a loved one has been injured due to inadequate security at a shopping center or a mall, you may be entitled to compensation in Florida. We’re happy to evaluate your case and talk through your options with you.
We offer free legal consultations for victims of violent attacks on business properties. Don’t hesitate to reach out to us. Contact our office today at (321) LAWSUIT. We’ll get you on the phone with a lawyer so you can get some answers.
