Every day, millions of children and young adults walk the halls of Florida’s schools and universities. While every student leaves for school in the morning expecting that they will return home safely that evening, unfortunately, that is not always the case.
While every parent is aware of the normal (and sometimes abnormal) risks of sending their kids to school, they may not be aware of what type of security the school is actually accountable for.
Florida Negligent Security Laws In Schools
A Florida school can be liable for a negligent security injury the same way any property owner can. It owes people lawfully on its property a duty of reasonable care, and it can be sued when a foreseeable criminal act causes harm that reasonable security would have prevented. Who the school is changes everything that follows. A public school district is a government body, so Florida Statute 768.28 governs the claim, caps it and sets a notice deadline. A private school or university is not, and faces an ordinary premises liability suit.
Legal Concept And Duty Of Care
Schools must take reasonable measures to protect students, employees and visitors on their property. A negligent security claim turns on foreseeability: what the school knew or should have known about the risk, usually from prior incidents on or near the campus, and whether it answered that risk with reasonable safety measures that meet the recognized standard of care.
The Role Of School Districts And Owners
Creating adequate security measures in schools requires cooperation between various entities, including school districts and property owners. The school district establishes and enforces security policies and allocates resources to ensure compliance with the standard of care.
This includes hiring security personnel, implementing appropriate security systems, and maintaining school grounds.
Property owners, such as universities or private schools, share responsibility for creating a safe environment for all persons on their property. This duty requires them to be familiar with relevant laws and regulations, industry standards, and best practices for safety measures.
Some of the most important aspects of school safety include:
- Limiting and monitoring access to school buildings and grounds is necessary to maintain a safe environment.
- The use of cameras and other surveillance equipment helps deter crime and aids in the investigation of incidents.
- Adequate security staff trained in school security protocols and response procedures can help prevent incidents and respond when needed.
- Schools should have clear emergency plans, review and update them regularly, and ensure that students and staff are aware of these plans.
Consequences Of Inadequate Security Measures
Punitive damages are off the table against a public school. Florida Statute 768.28(5)(a) provides that the liability of the state and its agencies and subdivisions does not include punitive damages or prejudgment interest, and it caps payment at $200,000 per person and $300,000 per incident unless the Legislature passes a claim bill. Against a private school or university, punitive damages are possible, but Florida Statute 768.72(1) bars pleading them until the court finds a reasonable evidentiary basis, and Florida Statute 768.72(2) requires clear and convincing evidence of intentional misconduct or gross negligence at trial.
If your child was hurt at school because security was inadequate, talk to a lawyer early. Camera footage and visitor logs are routinely overwritten within weeks.
Physical Harm And Emotional Trauma
Neglecting appropriate safety measures can lead to students becoming victims of assaults, bullying, or other threatening situations caused by unsafe conditions. These incidents can lead to injuries that have long-lasting physical and emotional effects on those involved.
Inadequate security also changes how a school feels to the people inside it. Students who do not feel safe say so, and it shows up in attendance and concentration long before anything happens. Visible measures such as officers, metal detectors and cameras cut both ways, reassuring some students and unsettling others, which is one reason schools treat the decision as a hard one.
Liability And Damages
When educational institutions fail to take reasonable safety measures, they can be held liable for foreseeable harm resulting from failing to correct unsafe conditions. This includes but is not limited to, injuries resulting from assaults, bullying, or other incidents related to negligent security on school property.
To prove liability, the injured party must show that the school breached its duty of care by failing to take reasonable safety measures and that this negligence caused the injury. The deadlines are shorter than families expect. Florida Statute 95.11(5)(a) gives you 2 years from the date of the injury to file a negligence suit. If the defendant is a public school district, Florida Statute 768.28 runs on its own track: written notice of the claim to the school board and to the Department of Financial Services within 3 years under Section 768.28(6)(a), no suit until the claim is denied or 6 months have passed with no final disposition, and the suit itself filed within 4 years under Section 768.28(14), or 2 years for wrongful death. Recoverable damages include:
- All costs associated with the injured person's treatment, therapy, and ongoing care.
- Potential loss of income due to the inability to work during recovery or future impact on the person's earning capacity.
- Mental anguish and emotional trauma suffered as a direct result of the incident and the injury sustained.
Speak To A Negligent Security Lawyer Today
If you or your child was injured on school property, Weinstein Legal Team can review what happened. Our attorneys gather the evidence, serve the presuit notice a claim against a school district requires, and deal with the district's risk management office so your family does not have to.
Contact Weinstein Legal Team at 888.626.1108 or click here to schedule your free case review with a Florida injury lawyer near you.
