What are the most common defenses to negligent security cases?
In Florida, the most common defenses to negligent security cases involve proving that the defendant did not have any reasonable duty to provide adequate security and/or that the crime was not foreseeable. In Florida, a defendant can be found liable for negligent security if it can be shown that the defendant breached a duty to provide adequate security, and that this breach was the cause of the injury. The “reasonableness” of a defendant’s security measures depends on the circumstances surrounding the crime. For example, if the crime involved an area that had a history of criminal activity, it might be judged that the defendant had an obligation to improve the security of the area. Another common defense is to argue that the crime was not foreseeable. This means that the defendant had no reason to believe that the crime was likely to occur and that they could not reasonably have expected to take steps to prevent it. This defense is often used by defendants who argue that the crime in question was so unexpected and out of the ordinary that it could not have been anticipated. Finally, defendants may argue that they were not responsible for the security of the area, either due to a lack of control or because their conduct was not a substantial factor in the injury. This defense is often used when a third party, such as a tenant, is responsible for the security of the area in question.
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