A negligent security claim says that a property owner knew, or should have known, that people were being harmed on or around their property and failed to take reasonable measures to prevent it. These are not claims that an owner should have stopped a crime nobody could foresee. They are claims about a known, documented, repeated risk that was left unaddressed.
Foreseeability Is the Whole Case
The threshold question is whether the criminal act was reasonably foreseeable. Foreseeability is usually established through the history of the property and its immediate surroundings: prior similar incidents, calls for service to law enforcement, incident reports generated by the property itself, resident and guest complaints, and the general crime profile of the location.
A property with a documented history of armed robberies in its parking garage is in a very different position from one with no such history. That record exists in police data and in the owner’s own files, and obtaining it is the first substantive step in the case.
The Multifamily Safe Harbour
The statutory measures are specific, and whether an owner actually implemented them is a question of fact rather than a matter of assertion. In general terms they include security camera coverage at entry and exit points with footage retained for a defined period, lighting in parking lots, walkways, and common areas during hours of darkness, deadbolt locks on dwelling doors and locking devices on windows, locked gates restricting access to pool areas, a peephole or viewer on dwelling doors without a window, published emergency contact information, crime deterrence and safety training for employees, and a crime prevention through environmental design assessment.
The presumption is available where the measures are substantially implemented. Cameras that were installed but not recording, lighting that was fitted but had been out for weeks, gates propped open as a matter of routine, and training that exists only on paper are all reasons the presumption may not apply, and establishing that requires records and inspection rather than argument.
Where These Cases Arise
- Apartment complexes and residential communities, including parking areas, breezeways, stairwells, and laundry facilities
- Hotels, motels, and short-term rentals
- Bars, nightclubs, and entertainment venues, including claims involving security staffing and crowd management
- Parking garages and surface lots, particularly at night
- Shopping centres, retail premises, and convenience stores
- Gas stations and ATMs
- Office buildings, campuses, and student housing
- Public transit stations and stops
What Reasonable Security Looks Like
The measures that matter are ordinary and unglamorous: working locks on doors and gates, functioning lighting in the places people walk at night, cameras that actually record and whose footage is retained, controlled access that is not routinely defeated, security personnel where the risk profile calls for it, trimmed landscaping that does not create concealment, and prompt repair of anything on that list that fails.
The recurring finding in these cases is not that a property had no security plan. It is that the plan existed and was not maintained.
Assault, Abuse and Sensitive Claims
Many negligent security claims arise from assault at hotels, apartments and venues, and these matters are handled privately and at the pace the client sets. Where the claim is against an institution that failed to protect someone in its care, rather than against a property owner who left the lights out, it is usually built differently; our Florida sexual abuse lawyer page covers those claims and the very different deadlines that apply to them.
Damages
Claims may include emergency and ongoing medical treatment, surgical care, psychological treatment for post-traumatic stress and related conditions, lost income and diminished earning capacity, pain and suffering, scarring and disfigurement, and wrongful death damages where an assault or shooting was fatal.
What to Do After an Assault on Someone Else’s Property
- Report to law enforcement so an official record exists, and get the case number
- Report to the property as well, and ask that an incident report be created
- Photograph the location, particularly lighting, cameras, gates, locks, and landscaping
- Note whether gates were open, lights were out, or cameras were visibly damaged or absent
- Get medical and psychological care promptly
- Contact a lawyer immediately so a written demand to preserve footage goes out before it cycles
How Alegra Law Builds a Negligent Security Case
We obtain the crime history for the property and its immediate area, demand preservation of camera footage and the owner’s own incident and complaint records, and inspect the physical conditions before repairs are made. Where the statutory presumption is raised, we test whether the measures were genuinely implemented and maintained rather than merely listed. There is no fee unless we recover.
What a Florida Negligent Security Lawyer Must Show
These claims turn on foreseeability: whether prior crime on or near the property should have prompted better lighting, cameras or staffing. A Florida negligent security lawyer pulls the calls-for-service history for the address, which is where foreseeability is usually proved or lost.
Frequently Asked Questions
How do I prove the property should have expected a crime?
Through the history of the property and its surroundings, including prior similar incidents, calls for service to law enforcement, the owner's own incident reports, and resident or guest complaints. That record establishes foreseeability, and much of it sits in the owner's files.
What changed in Florida in 2023?
Tort reform created a framework under which owners of multifamily residential properties who substantially implement specified security measures gain a presumption against liability for third-party criminal acts. It also requires the fact-finder to consider the fault of the person who committed the crime.
Does the safe harbour mean apartment complexes cannot be sued?
No. The presumption depends on the measures actually being substantially implemented. Cameras that were not recording, lighting that had been out for weeks, gates routinely propped open, or training that exists only on paper are all reasons it may not apply, and that is established through records and inspection.
Do I need a criminal conviction to bring a civil claim?
No. A civil claim proceeds independently of any prosecution and uses a lower standard of proof. It can succeed where charges were never filed, were dropped, or did not result in conviction, because the claim is against the property owner rather than the attacker.
What does it cost to hire Alegra Law?
Nothing upfront. We work on contingency, and if there is no recovery you owe no attorney's fee. All fee terms are provided in writing before you sign.