Florida Negligent Security Attorney
Negligent Security Injury
When a violent crime happens on a property that should have been safe, the criminal is rarely the only responsible party.
When individuals visit a property, they have the right to feel safe and secure. Apartment residents, hotel guests, customers, and patrons are entitled to reasonable protection from crime the owner knew or should have known was likely. When that protection fails and someone is shot, assaulted, or robbed, the property owner can be held responsible alongside the person who committed the crime.
Negligent security cases are won on investigation. The history of crime on and around the property, the owner’s own security records, and the industry standards the owner failed to meet are the evidence that proves the harm was foreseeable and preventable. We build these cases the same way we build every catastrophic injury case: as if a jury will hear them.
Florida Rules That Shape The Case
What To Know Now.
- Filing Deadline
- Two years from the incident for negligence claims accruing on or after March 24, 2023 (Fla. Stat. § 95.11).
- Who Can Be Liable
- Owners and operators of apartment complexes, hotels, bars and nightclubs, shopping centers, parking facilities, and other properties open to the public, along with security contractors.
- Multifamily Property Presumption
- Since 2023, owners of multifamily residential properties that implement specific security measures may claim a presumption against liability (Fla. Stat. § 768.0706). Whether those measures were actually in place is a central question in apartment cases.
- Apportionment To The Criminal
- Florida juries may apportion fault to the criminal actor, which reduces the property owner's share. The case is built to show the owner's negligence was a substantial cause.
Our Approach
How We Build A Negligent Security Case
- 01
Investigation
Police reports and calls-for-service records for the property and the surrounding area establish what the owner knew about crime there. Surveillance footage, lighting surveys, and the property's own security policies are secured before they disappear.
- 02
Foreseeability
The heart of the case is proving that the owner knew or should have known that violent crime was foreseeable and failed to take reasonable precautions. Prior incident histories, industry security standards, and the owner's own records make that showing.
- 03
Expert Witnesses
Premises security experts, criminologists, lighting and access-control specialists, and the medical and economic experts the injuries require.
- 04
Damages
The physical injuries, the psychological trauma that follows a violent assault, future care, lost earnings, and, where the conduct warrants it, punitive damages.
Questions
What Clients Ask First.
What is negligent security?
A form of premises liability. Property owners and operators owe people lawfully on their property a duty to take reasonable steps to protect them from foreseeable criminal acts. When an assault, shooting, robbery, or sexual assault happens because of inadequate lighting, broken locks or gates, absent or untrained security staff, or ignored warnings, the owner can be held responsible alongside the criminal.
The person who attacked me was never caught. Can I still bring a claim?
Yes. The claim against the property owner does not depend on the criminal being identified, arrested, or convicted. It depends on what the owner knew about the risk and what the owner did about it.
What kinds of properties are involved in these cases?
Apartment complexes, hotels and motels, bars and nightclubs, gas stations and convenience stores, shopping centers, parking garages, and event venues are the most common. Any property open to residents, guests, or the public can be the subject of a claim.
How do you prove the crime was foreseeable?
Through the property's own history. Prior crimes on the property and in the immediate area, calls for police service, complaints from residents or guests, and the owner's internal security assessments all show what the owner knew. We obtain those records through public records requests and discovery.
Florida changed the law for apartment complexes. Does that affect my case?
It may. Since 2023, owners of multifamily residential properties can claim a presumption against liability if they implemented a specific list of security measures and had a crime prevention assessment performed. Whether those measures were genuinely in place, and whether the property qualifies, are contested questions that require investigation.
How long do I have to file?
Two years from the incident under Florida's current statute of limitations. Surveillance footage is typically overwritten within days or weeks, so the practical deadline to preserve evidence is far shorter.
Case Types
Related Case Types.
-
Motor Vehicle Accidents
Catastrophic injury claims arising from car, motorcycle, and rideshare collisions across Florida.
Learn more -
Trucking Accidents
Commercial truck crashes governed by federal safety regulations, where the evidence disappears fast.
Learn more -
Traumatic Brain Injury
Cases built around the lifelong consequences of brain injury, including injuries that never show on a scan.
Learn more
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