SOUTH FLORIDA MALL ATTACKS: CAN THE VICTIMS’ FAMILIES RECOVER FROM THE PROPERTY OWNERS DUE TO INADEQUATE SECURITY MEASURES?

Jennifer I. Swirsky, Nova Southeastern University

Abstract

This article will begin with a discussion of property liability and the rights of victims to be compensated by a business that did not provide adequate security to ensure safety of patrons on the premises. This article will then revisit the victims of Boca Town Center Mall’s kidnappings and murders and discuss the victims’ lawsuits against the mall for security negligence. Section III of this article will discuss security measures that are considered inadequate. This section will continue to explore the security in South Florida malls and the security that was present in Boca Town Center Mall at the time of the specific events in question. Section III will also discuss the security measures of other malls in the United States, as well as current trends and upgrading suggestions. Section IV will discuss the court’s stance on allowing victims of violent crimes to recover from malls and will highlight similar cases and their outcomes. Section V will cover the response of malls in the wake of criminal activity on their premises, specifically what Boca Town Center has done with its security system in the aftermath of these attacks. This article will conclude with the author’s opinion on whether the victims in the Boca Town Center criminal attacks should recover from the mall based on law enforcement’s knowledge of recent criminal activity in the area and security measures in place at the time of each incident.